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JUDGEMENTS & DECISIONS WHICH HAVE PERMITTED DISCLOSURE OF EVALUATED ANSWER SHEETS UNDER RTI.

i]. University Exams: 49 page judgement dated 05-02-2009 of divisional bench of Hon’ble High Court of Calcutta headed by Chief Justice in M.A.T. No. 275 of 2008-University of Calcutta & ors. Vs Pritam Rooj. This is judgement of divisional bench of a High Court headed by Chief Justice and is available on website of High Court of Calcutta.

ii]Departmental Promotion Exams: High ...

Now a new mischievous trend is witnessed, whereby first appellate authority [FAA] does not answer first appeal, forcing information seeker to resort to complaint or second appeal to CIC/SIC. Complaint or second appeal is heard after delay ranging from 6 to 36 months, where in IC remands the matter back to FAA to decide in a fixed time.

Under such a situation, FAAs are encouraged not to decide first appeals and thus compel appellants to file second appeals or complaints, since FAAs ...

Attached Files

• REM TO FA Format.doc (32.0 KB, 522 views)

Important decisions on section 2 [ f ] of RTI Act in support of providing information of private entity by public authority:

1. Decision of Delhi High Court --- Writ Petition (Civil) NO. 7265 of 2007- Poorna Prajna Public School vs CIC

2. Decision of Allahabad High Court dated 24-01-2008 in Dhara Singh Girls High School v/s State Of Uttar Pradesh through Its Secretary (Secondary Education), U.P. Government And Ors.

3. CIC decision dated 21-07-2006 in appeal ...

Applicants are facing a situation when PIO transfers application to other PIO within the same public authority and advises applicant to collect the same from that PIO.

Under these circumstances, while filing first appeal following paragraphs should be quoted.

A] As per sub sections 4 and 5 of section 5 of RTI Act PIO to whom application is submitted is duty bound to collect information from any source within the public authority and to supply to the applicant. Transfer ...

Please refer following links:

http://www.rtiindia.org/forum/blogs/...n-seekers.html

http://www.rtiindia.org/forum/blogs/...laint-rti.html

Large number of our members have requested me for draft of notice under Consumer Protection Act. I attach draft of such notice, which can be used with necessary changes to suit individual case. This is to be issued by applicant himself and not by his advocate. ...

Attached Files

• CP NOTICE FORMAT [REVD].doc (38.0 KB, 855 views)

PROCEDURAL DEFICIENCIES

I find that CIC/SICs are returning appeals/complaints on small procedural deficiencies. I append below extracts from judgements on procedural deficiencies, as mentioned by hon’ble Supreme Court of India. This can be used by members while representing to Chief IC:



a) “A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved”. [ Saiyad Mohd. V Abdulhabib, (1988) ...

NOTE TO BE INCLUDED IN ALL RTI APPLICATIONS AND APPEALS FOR PROPER COMPLIANCE OF RTI ACT 2005

For your kind information, I add that in addition to RTI Act 2005, I can proceed against public authority and its officers under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, ...

ACPIO/CPIO OF BANKS


Following banks have appointed their branch heads as ACPIO for RTI applications and appeals:

State Bank of India, Bank of India, Dena Bank, Canara Bank, Andhra Bank, Oriental Bank of Commerce, Central Bank of India, Punjab National Bank, State Bank of Travancore, State Bank of Mysore, State Bank of Hyderabad, Reserve Bank of India. IDBI Bank,
State Bank of Indore.

Following banks have ACPIO/CPIO at Regional Office or ...

Please refer attachment which can be used while filing first or second appeal for denial of information quoting section 7.9 of RTI Act [Disproportionate diversion of resources]

Attached Files

• DIVERSION OF FUNDS.doc (40.5 KB, 89 views)

NOTE ON COLLECTING AND COMPILING OF INFORMATION UNDER RTI ACT 2005ffice:office" />

DECISIONS OF CENTRAL INFORMATION COMMISSION:

Appeal No.CIC/WB/A/2007/01551 & 1552
Appellant - Shri P. Veerappan
Respondent - Department of Personnel & Training (DoPT)
Decided on 06-04-2009

This direction is defective on the ground that collection of information can in no account be constituted to amount to the creation of information.

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