Framing RTI: Rti applicatiion

[rvktirumalai]

Dear members,

a draft RTI application is appended below. Members may kindly offer their comments. modification, etc.
APPLICATION FOR OBTAINING INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005 : Hostile discrimination, Colossal harassment, humiliation, Immense mental agony & continued violation of human rights,

I, Smt. ----------------, W/o Shri --------------------, as a Citizen of India, apply for the following information under the provisions of the Right to Information Act, 2005. As I am an affected party, the information may please be given along with the reasons under the Right to Information Act, 2005


2. My husband Shri ----------------------- was transferred to ------------------- on promotion as Assistant Accounts Officer. As an obedient Government servant and son of a disciplined Army soldier, obeyed the orders and assumed the charge of Assistant Accounts Officer on 18.08.99

3. Since, my son a physically challenged, was pursuing tenth standard, which was (is) the crucial stage in the educational system and one of my daughter, was pursuing Eighth standard and due to non-availability of requisite schools at Mysore and my children have to learn “Kannada” compulsorily as one of the language, which was impossible when they pursue X^th and VIII^th standard, my husband had no other alternative but to keep the family at Avadi (Chennai).

4. Adding fuel to fire, during the absence of my husband, the second daughter aged 3 years, suffered from Seizure (convulsions) disorder and she was under the treatment of the child specialist. The treating Doctor advised that the seizure (convulsions) had happened during the absence of my husband and it is one of the reasons for the convulsions.

5. In view of the compelling circumstances, I had submitted applications to 1.----------------------- and 2.------------- with a request to consider transfer of my husband to Chennai on extreme compassionate/ humanitarian grounds. However, no reply has been received from your public authority. 2-----------, in response to my applications vide letter dated 20^th Dec 1999 stated as under:

“We have gone through your application seeking transfer of Shri ----------------------- from -------- to ------------ on extreme compassionate grounds.

2. The case for transfer of Shri ---------------- was discussed with the Director of personnel, HQrs who recently visited -----------. He has clarified that as per ------ HQrs policy regarding transfer, it would be possible to consider transferring back Shri -------------------- only after a gap of two and half years from the date of his reporting to -----------.

3. While we sympathize with the problems faced by the family, we are unable to immediately extend help as we are found by the existing policy of -------- HQrs.”

6. Whereas, as could be evident from the fact that Smt. --------------, Accountant of -------------------- was transferred to ------------- as Assistant Accounts Officer and on refusal of Smt. -------------------for promotion to the grade of Assistant Accounts Officer, Shri -----------, Accountant of -----------, was transferred to --------- on promotion to the grade of Assistant Accounts Officer and assumed the charge of the post, there was a clear vacancy in --------- and my husband has been transferred with molafide intension.

7. Further, my husband was promoted to the grade of Accounts Officer on 02.02.2001 and most of the Assistant Accounts Officers on promotion to the grade of Accounts Officer were transferred back to their parent Lab/Estt including in the same stations as well. However, in the case of my husband, he was retained in ---------, though there was no vacancy of Accounts Officer and there was a clear vacancy of Accounts Officer in Chennai and I had applied for transfer back to ---------- on extreme compassionate grounds.

8. My husband was transferred to --------- during July 2001 and he was not assigned the duties and responsibilities attached to the post of Accounts Officer, and adding salt to the injury, my husband was not at all provided the office accommodation for more than one year.

9. It may be noted that providing the office accommodation is not a matter of grace depending upon the sweet will of certain officials and such cruel/unethical treatment that a Gazetted Officer is without an office accommodation for a period of more than one year, ever happened and will ever happen in any of the organs of the Government of India. The above act is inhumane and violation of human rights.

10. It is submitted that on December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Extract of Article 23 reads as under:

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work……...

11. My husband was considered for promotion to the grade of Senior Accounts Officer Grade I and he was transferred to ------------- although, there was a clear vacancy of Senior Accounts Officer Grade I available at -----------, which clearly demonstrate the malafide intension of your public authority. Subsequently, my husband was retained in ---------- on vacation of a vacancy of Senior Accounts Officer Grade II consequent on appointment of Shri --------------, as Senior Admin Officer Grade I on deputation. Apart from that my husband is not being assigned he duties and responsibilities attached to the post of Senior Accounts Officer Grade I and he is being ill-treated.

12 Kindly provide me authenticated copies of all the applications submitted by me to your public authority regarding transfer of my husband from -------- to --------- along with noting sheets.

13. Kindly provide me authenticated copy of Government of India notification, which prescribe procedure for disposal of application. If the competent authority has made any closing remarks, the same may also please be provided.

14. Kindly provide me the details of applications received by your public authority during the period from 01.01.1999 to 31.12.2003 and its disposal duly authenticated.

15. Kindly provide the name and designation of the officers dealt with my applications duly authenticated.

16. Kindly provide me the list of personnel promoted as Assistant Accounts Officer along with my husband during July 1999 duly authenticated.

17. Kindly provide me copies of transfer order along with noting sheets clearly specifying the transfer policy adopted in each case duly authenticated.

18. Kindly provide me a copy of transfer policy under which my husband was transferred to --------- duly authenticated.

19. Kindly provide me a copy of transfer policy under which my husband was retained in -------------- when there was no vacancy, along with reasons duly authenticated.

20. Kindly provide me authenticated copy of Statutory Recruitment Rules under which my husband was promoted to the grade of Assistant Accounts Officer during July 1999.

21. Kindly provide me authenticated copy of charter of duties of --------- Accounts Cadre posts along with reporting channel/chain of command duly authenticated.

22. Kindly provide me authenticated copy of charter of duties of -----------Admin and Stores cadre personnel along with reporting channel/chain of command duly authenticated.

23. Kindly provide me the list of --------- and ------- personnel deployed in admin and allied work duly authenticated.

24. Kindly provide me authenticated copy of Government of India notification which prescribe entitlements of ----------- Accounts Cadre Officers, such as provisioning of office accommodation, stenographic assistance, office telephone with STD facilities, Internet, etc.,

25. Kindly provide me information on the action proposed to be taken against the officials who were responsible for non-provisioning of proper office accommodation to my husband duly authenticated.

26. Kindly provide me the information on the personnel retained in ---------- consequent on promotion along with copy of transfer policy under which such personnel were retained for the period from 01.01.1999 to till the date of your reply, separately against the vacant posts/without any vacant posts duly authenticated.

27. Kindly provide me authenticated copy of Government of India notification which empowers your public authority to transfer/retain the officials without vacant posts.

28. Please provide me certified extract from service rules of relevant records, which provide for departmental action against employees of your public authority for not complying with laws and rules, enacted by the Parliament and not adhered to the time limit mentioned in rules and are guilty of violating these rules.

29. Consequent on selection for appointment, Shri --------------, Senior Accounts Officer Grade II, was transferred to a ----------- at --------- to take up the appointment as Senior Admin Officer Grade I. However, within few days, he was retained in ---------- as Senior Admin Officer Grade I (on deputation). Likewise, Shri --------, of -------, was selected for appointment as Senior Admin Officer Grade I. He was transferred to -------- on compassionate grounds from a ------- of ------- and within few months he sought for repatriation to his parent organisation which has been accepted. Kindly provide me authenticated copies of the complete case file regarding selection of Senior Admin Officer Grade I, including the information/ correspondence exchanged between UPSC, Estts/Labs, etc., Kindly also provide me the information/Government of India notification under which Shri --------- was transferred on compassionate grounds, when he was on deputation and the details of assignment entrusted to him and the details of attendance of the officer duly authenticated.

30. Consequent on issue of Central Civil Services (Revised Pay Rules, 1997, instructions were issued vide Government of India, Ministry of Personnel OM No. AB-14017/2/97-Estt (RR) dated 25.05.1998 to all Ministries/ Departments to take the consequential steps to amend the Service Rules/Recruitment Rules on priority basis. Kindly provide me the information on the amendment proposed on the service rules/recruitment rules pertaining to your public authority. If no proposal has been taken up for any service rules/recruitment rules, kindly provide me the reasons for the same.

31. The CPIO may kindly note that the CPIO cannot refuse the information sought for as:
(a) The preamble to the Act says that the Act is passed because democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and hold Governments and their instrumentalities accountable to the governed. The Act restricts the right to information to citizens (Section 3). An applicant seeking information does not have to give any reasons why he/she needs such information except such details as may be necessary for contacting him/her. Thus, there is no requirement of locus standi for seeking information [Section 6(2)].

(b) The right to information is not confined to Article 19(1)(a) but is also situated in Article 14 (equality before the law and equal protection of law) and Article 21 (right to life and personal liberty). The right to information may not always have a linkage with the freedom of speech. If a citizen gets information, certainly his capacity to speak will be enhanced. But many a time, he needs information, which may have nothing to do with his desire to speak. He may wish to know how an administrative authority has used its discretionary powers. He may need information as to whom the petrol pumps have been allotted. The right to information is required to make the exercise of discretionary powers by the Executive transparent and, therefore, accountable because such transparency will act as a deterrent against unequal treatment.

(c) The source of right to information does not emanate from the Right to Information Act. It is a right that emerges from the constitutional guarantees under Article 19(1)(a) as held by the Supreme Court in a catena of decisions. The Right to Information Act is not repository of the right to information. Its repository is the constitutional rights guaranteed under Article 19((1)(a). The Act is merely an instrument that lays down statutory procedure in the exercise of this right. Its overreaching purpose is to facilitate democracy by helping to ensure that citizens have the information required to participate meaningfully in the democratic process and to help the governors accountable to the governed. In construing such a statute the Court ought to give to it the widest operation which its language will permit. The Court will also not readily read words which are not there and introduction of which will restrict the rights of citizens for whose benefit the statute is intended.

(d) The Act does not merely oblige the public authority to give information on being asked for it by a citizen but requires it to suo moto make the information accessible. Section 4(1)(a) of the Act requires every public authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated. Section 4 spells out various obligations of public authorities and Sections 6 and 7 lay down the procedure to deal with request for obtaining information.

(e) In The State of UP v. Raj Narain, AIR 1975 SC 865, the Hon’ble Supreme Court has held: (para 74)

“In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can be but few secrets. The people of this country have a right to know every public act, everything that is done in a public way, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security, see New York Times Co. v. United States (1971) 29 Law Ed. 822 = 403 U.S. 713. To cover with veil of secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for the purpose of parties and politics or personal self-interest or bureaucratic routine. The responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption.”

(f) In the case of S.P. Gupta v. Union of India, 1981 (Supp) SCC 87 (para 65), Bhagwati, J (as he then was) emphasising the need for openness in the government, observed:

“65. The demand for openness in the government is based principally on two reasons. It is now widely accepted that democracy does not consist merely in people exercising their franchise once in five years to choose their rules and, once the vote is cast, then retiring in passivity and not taking any interest in the government. Today it is common ground that democracy has a more positive content and its orchestration has to be continuous and pervasive. This means inter alia that people should not only cast intelligent and rational votes but should also exercise sound judgment on the conduct of the government and the merits of public policies, so that democracy does not remain merely a sporadic exercise in voting but becomes a continuous process of government - an attitude and habit of mind. But this important role people can fulfil in a democracy only if it is an open government where there is full access to information in regard to the functioning of the government.”
(g) The Universal Declaration of Human Rights of 1948 adopted on 10th December in Article 19 said :

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

The International Covenant on Civil and Political Rights (ICCPR) was adopted in 1968. Article 19 of the Convention reads as follows:

(1) Everyone shall have the right to hold opinions without interference;
(2) Everyone shall have the right to freedom of expression, this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art or through any other media of his choice.”

India has ratified the ICCPR. Section 2(d) read with 2(f) of the Protection of Human Rights Act, 1993 clarifies human rights to include the rights guaranteed by the ICCPR.


32. The CPIO cannot deny the information on the ground that ------------ is exempted from the operation of the Right to Information Act, 2005 as it is included in the Second schedule to the Act, as

(a) It has been the consistent view of the Hon’ble CIC that the information cannot be denied by a notified organization on Establishment/administrative matters.
(b) The information sought pertains to human rights violation,
(c) The information sought pertains to cases of irregular benefits given to several employees by either relaxing the existing rules or by deliberately applying the rules in favour of certain employees even if such rules did not strictly apply to their cases. The benefits given to such employees would obviously fall in the category of corrupt practice.

[jps50]

Sponsorer

It is extremely lengthy and appears to be grievances airing application. RTI is for seeking information only. Based on information accessed you can authentically represent or take legal action. Hence confine to information and records that you need. Reduce number of queries otherwise it may be rejected/delayed u/s 7.9 [diversion of fund]. You may file second or third RTI within gap of 15 days for remaining queries. It is advisable if your husband files RTI, since you are third party and will attract section 11 or submit NOC of your husband to provide you information as requested.

Please refer:

Make effective:
http://www.rtiindia.org/forum/blogs/...effective.html

It appears matter pertains to central govt entity arising out of interstate transfer. Hence please also peruse:

Central Govt. application:
http://www.rtiindia.org/forum/blogs/...govt-info.html

and following link will also be useful:

Long pending? :
http://www.rtiindia.org/forum/blogs/...ding-govt.html

[rvktirumalai]

thanks for your advise. If my husband submit RTI application, he will be transferred to unknown place. This is the attitude of the department.