RTI INDIA http://www.rtiindia.org/forum/ en Wed, 23 May 2012 02:48:09 GMT vBulletin 1440 http://www.rtiindia.org/forum/images/styles/Aesthetica/misc/rss.png RTI INDIA http://www.rtiindia.org/forum/ RTI Point of View: Hindustantimes Editorials: Sending out wrong signals http://www.rtiindia.org/forum/95825-rti-point-view-hindustantimes-editorials-sending-out-wrong-signals.html Wed, 23 May 2012 01:06:56 GMT Reported by Hindustantimes.com on May 22, 2012
Sending out wrong signals - Hindustan Times

The death of SP Mahantesh, a 48-year-old Karnataka administrative officer who exposed scams in cooperative societies in Bangalore, is not a one-off case; such cases are taking place with alarming regularity in India, a country that boasts of a Right to Information Act (RTI). A couple of months ago, a young IPS officer, NS Singh, was killed in Madhya Pradesh while trying to stop the illegal mining mafia. If government officers can be attacked and brutally killed in broad daylight in the line of duty, will ordinary citizens be able to speak out against corruption? After Mahantesh's death, Infosys founder NR Narayana Murthy was spot on when he said that the government must protect honest officers. However, government officials are not the only ones to pay such a high price for doing what they are expected to do. In the last few years, there have been many cases of civil society members bearing the brunt for uncovering corruption. While high-profile cases see some police action and closure, many are never solved, emboldening the wrongdoers.

The first case that got people talking about the need for providing a safety cover for whistleblowers was the killing of National Highway Authority of India (NHAI) officer Satyendra Dubey, a civil engineering graduate from the Indian Institute of Technology, in 2003 in Gaya. Dubey was killed because he dared to expose corruption in the NHAI's showpiece, the Golden Quadrilateral project. After Dubey's murder, there was enormous public pressure for a legislation to protect whistleblowers and the government came up with the Whistleblowers' Protection Bill 2011. However, the first push for such a law had come as early as 2001 when the Law Commission of India recommended that in order to eliminate corruption, a law to protect whistleblowers was essential and also drafted a Bill in its report. But where do we stand nine years after Dubey's (and many more such) unnecessary death? The Bill has been passed by the Lok Sabha in 2011 but the Opposition, protesting against the government's hurry to push it through, stalled it in the Rajya Sabha. The whistleblowers' protection legislation was seen to complement the Lokpal Bill, but now with the latter being pushed into cold storage, there seems to be little hope for the former Bill as well.

The explanation for stalling the Whistleblowers' Bill in the Rajya Sabha was that it was not perfect and could be misused by government officers. One of the MPs warned that officers could "leak a sensitive document and claim immunity as a whistleblower". But no Bill is perfect; politicians should realise that the Bill cannot be held hostage to party and federal politics. India is also a signatory, though it has not ratified, the United Nations Convention on Corruption since 2005, which enjoins states to facilitate reporting of corruption by public officials and provide against retaliation for witnesses. The same MP, who had reservations about the Bill, also felt that "there is no need to hurry" as far as its passage is concerned. We disagree with his - and the Opposition's - stand: there is a need to pass the Bill as soon as possible to show that we care about the bravehearts battling corruption. ]]> Sajib Nandi http://www.rtiindia.org/forum/95825-rti-point-view-hindustantimes-editorials-sending-out-wrong-signals.html RTI Activism: CBI rejects RTI activist’s plea http://www.rtiindia.org/forum/95824-rti-activism-cbi-rejects-rti-activist-s-plea.html Wed, 23 May 2012 01:02:36 GMT Reported by Timesofindia.indiatimes.com on May 23, 2012
CBI rejects RTI activist’s plea - The Times of India

clamour for bringing the Central Bureau of Investigation (CBI) under the purview of the proposed Lokpal to make the agency more transparent is getting louder, the investigation agency has recently refused to entertain a Right to Information (RTI) petition from a Hyderabad-based activist citing the blanket exemption to it from the RTI Act.

HYDERABAD: At a time when clamour for bringing the Central Bureau of Investigation (CBI) under the purview of the proposed Lokpal to make the agency more transparent is getting louder, the investigation agency has recently refused to entertain a Right to Information (RTI) petition from a Hyderabad-based activist citing the blanket exemption to it from the RTI Act.

However, the activist challenged this decision since no agency, including CBI, can deny information on corruption.

CJ Karira, a city-based activist belonging to 'rtiindia.org', lodged a complaint with the Chief Information Commission (CIC), New Delhi, stating that the CBI had refused to give information about corruption cases involving politicians, public servants and others during the last five years in violation of the RTI Act.

The activist claimed his RTI application to CBI, seeking information related to corruption, was not even opened by the agency and sent back marked 'refused'.

"Then I wrote a letter to CBI director A P Singh informing him that his officers had refused to entertain his RTI application by not even opening the envelop. The information sought is about allegations of corruption, which the agency is supposed to share,'' Karira said in his letter.

To his shock, the CBI director's office gave a short and terse reply, "It is to inform you that notification number 1/3/2011- IT dated June 9, 2011 of Government of India, the RTI Act 2005 do not apply to CBI now".

"My contention is based on section 24 of the RTI Act, which allows the central government to exempt an organisation from the purview of the Act. However, it should be noted that under the same section information sought about corruption and human rights violations cannot be denied by these exempted agencies,'' the activist told TOI.

In his complaint to CIC, he also referred about the office memorandum of the Union ministry of personnel, public grievances and pensions as proof which clearly stated, "This provision (i.e., exemption to any agency) does not exempt these organisations from the purview of the Act in respect of the information pertaining to the allegations of corruption and human rights violations".

The activist also requested the CIC to inquire under 18(1)(f), since he suspects that the CBI had disbanded the structure of Central Public Information Officer, which is also against the guidelines of the Department of Personnel and Training (DoPT). ]]> Sajib Nandi http://www.rtiindia.org/forum/95824-rti-activism-cbi-rejects-rti-activist-s-plea.html <![CDATA[RTI Happenings: Top nuclear scientist snubs PM's seat offer in Rajya Sabha]]> http://www.rtiindia.org/forum/95823-rti-happenings-top-nuclear-scientist-snubs-pms-seat-offer-rajya-sabha.html Wed, 23 May 2012 00:58:06 GMT Reported by Aman Sharma in Dailymail.co.uk on 22 May 2012
Anil Kakodkar rejects PM¿s offer of a seat in Rajya Sabha | Mail Online

India's top nuclear scientist and architect of the Indo-US nuclear deal, Anil Kakodkar, has refused to accept a Rajya Sabha berth for which his name was proposed by no less than the Prime Minister.

A Right to Information (RTI) application filed by this newspaper with the Prime Minister's Office (PMO) has revealed that PM Manmohan Singh had proposed Kakodkar's name along with Sachin Tendulkar and Rekha's.

The PMO has supplied the letter written by the PM to home minister P. Chidambaram on April 23, 2012, asking him to take necessary action for nomination by the President of Tendulkar, Rekha and Kakodkar as members of the Rajya Sabha under Article 80 of the Constitution.

The letter has the PM's signature. However, the notification issued by the ministry just four days later, announcing the new Rajya Sabha members, had no mention of Kakodkar's name.
In fact, his name was replaced with that of Indian businesswoman Anu Aga. Government sources said it was unprecedented that a person nominated by the PM refused to take up a Rajya Sabha seat.



Chairman of the Atomic Energy Commission Dr Anil Kakodkar


Kakodkar, 68, was not available for comment despite repeated attempts, but his office in Mumbai admitted that he was nominated for the Rajya Sabha.

'Yes, it is true that Anil Kakodkar was nominated for a Rajya Sabha seat. However, he declined the same as he is happy with what he is doing at present,' Kakodkar's office said.

When pressed on whether the PMO had not consulted the scientist before recommending his name, it was said that Kakodkar did not wish to comment further.

His refusal seems strange as Kakodkar is considered to be close to the PM, given his role as a key negotiator of the Indo- US nuclear deal and the leader of India's nuclear programme since 2000.

A government source in the know of events said the episode was embarrassing for the PM as his recommendation had to be literally changed at the last minute after the scientist declined the offer.

'Nominated seats in the Rajya Sabha are vied for… it is rare when such an offer is turned down, especially when the PM recommends you,' a source said. Kakodkar is still a member of the Atomic Energy Commission, which he has headed in the past.

He is associated as DAE, Homi Bhabha Chair Professor, at the Bhabha Atomic Research Centre (BARC), and is the chairman of the board of governors at IIT Bombay.

He was the BARC director from 1996-2000. Earlier this year, Kakodkar submitted a report on rail safety after he was appointed as the head of a high-level safety panel in 2011 after a horrific train accident in Kanpur.

The scientist has 46 years of experience in the field of research and development related to nuclear development. He was awarded the Padma Vibhushan in 2009, the Padma Bhushan in 1999 and the Padam Sri in 1998. ]]> Sajib Nandi http://www.rtiindia.org/forum/95823-rti-happenings-top-nuclear-scientist-snubs-pms-seat-offer-rajya-sabha.html RTI Help: Mobile Tower on School Terrace. http://www.rtiindia.org/forum/95822-rti-help-mobile-tower-school-terrace.html Tue, 22 May 2012 21:11:48 GMT My child is studying in New English High School, Kalwa at Thane District,Maharashtra. The school has installed Mobile Tower at school Terrace. The building has 3 floors. As per Govt. rules the school does not install Mobile Tower, but inspite of that school has installed it . Please advice me that, where should i have make complaint of school. Waiting for reply, Thanks, Regards, S.N.Indap 9819797221 snindap@gmail.com My child is studying in New English High School, Kalwa at Thane District,Maharashtra. The school has installed Mobile Tower at school Terrace. The building has 3 floors. As per Govt. rules the school does not install Mobile Tower, but inspite of that school has installed it . Please advice me that, where should i have make complaint of school.

Waiting for reply,

Thanks,
Regards,

S.N.Indap
9819797221
snindap@gmail.com ]]> Ask for RTI Query snindap http://www.rtiindia.org/forum/95822-rti-help-mobile-tower-school-terrace.html Information with outsourcing agencies of public authorities http://www.rtiindia.org/forum/95821-information-outsourcing-agencies-public-authorities.html Tue, 22 May 2012 19:18:33 GMT It has been experienced that where-ever public authorities under RTI outsource various functions to private entities, the public authority refuses to supply such information as the same is not held by them. For example banks have outsourced recruitment, ATM management etc. Income dept has outsourced issue of PAN cards to private parties which are not public authorities. Thus information pertaining to functioning of public authorities which are outsourced are out of bound of RTI. I invite views of learned members on this vital issue, since more and more functions of govt. are being outsourced. It has been experienced that where-ever public authorities under RTI outsource various functions to private entities, the public authority refuses to supply such information as the same is not held by them. For example banks have outsourced recruitment, ATM management etc. Income dept has outsourced issue of PAN cards to private parties which are not public authorities. Thus information pertaining to functioning of public authorities which are outsourced are out of bound of RTI.

I invite views of learned members on this vital issue, since more and more functions of govt. are being outsourced. ]]> RTI General Discussions jps50 http://www.rtiindia.org/forum/95821-information-outsourcing-agencies-public-authorities.html how to re-apply for passport http://www.rtiindia.org/forum/95820-how-re-apply-passport.html Tue, 22 May 2012 18:23:00 GMT hello sir/mam i applied my passport form on 20 september 2011 and after 5 month i got my passport now the problem is that my original date of birth is 7/10/1988 and it is mention in all document like (10 maeksheet,pan card)and also it is correct but in my birth certificate the date of birth is mention 6/10/1988 and i include this bc with the passport document so the date which is print on passport it is 6/10/1988 and this is wrong and differ from every document . so i want to correct it ,please help me and tell me what am i do ? please Priyanka Khare Bhopal (India) hello sir/mam
i applied my passport form on 20 september 2011 and after 5 month i got my passport now the problem is that my original date of birth is 7/10/1988 and it is mention in all document like (10 maeksheet,pan card)and also it is correct but in my birth certificate the date of birth is mention 6/10/1988 and i include this bc with the passport document so the date which is print on passport it is 6/10/1988 and this is wrong and differ from every document .
so i want to correct it ,please help me and tell me what am i do ?
please

Priyanka Khare
Bhopal (India) ]]> New Member Introduction Priyanka Khare http://www.rtiindia.org/forum/95820-how-re-apply-passport.html Pay Protection for Ex Servicemen who are employed in Indian Railways in Exservicemen quota http://www.rtiindia.org/forum/95817-pay-protection-ex-servicemen-who-employed-indian-railways-exservicemen-quota.html Tue, 22 May 2012 17:08:10 GMT Sir I have employed in Indian Railways as a Helper to Pay Scale 5200-20200 grade pay 1800/-. I am a retired Ex havildar had a basic pay of 9060 and grade of 2400/- while retirement. I was enrolled in Railways as helper 2 and having basic of 7000/- at present. Shall I get any pay protection on this employment. If yes kindly let me know the appropriate orders. or else why ? Pramod G phone 9482747519 Sir

I have employed in Indian Railways as a Helper to Pay Scale 5200-20200 grade pay 1800/-. I am a retired Ex havildar had a basic pay of 9060 and grade of 2400/- while retirement. I was enrolled in Railways as helper 2 and having basic of 7000/- at present. Shall I get any pay protection on this employment. If yes kindly let me know the appropriate orders. or else why ?

Pramod G
phone 9482747519 ]]> Ask for Framing an RTI Question pramodgnair http://www.rtiindia.org/forum/95817-pay-protection-ex-servicemen-who-employed-indian-railways-exservicemen-quota.html RTI Help: Appeal against SIC order considering section 23 of the Act. http://www.rtiindia.org/forum/95814-rti-help-appeal-against-sic-order-considering-section-23-act.html Tue, 22 May 2012 15:17:26 GMT Kindly advice - SPIO replied after many days (6 month) filing of second appeal with punch with another RTI reply. On hearing SIC does not care the matter even repeated submission and not impose any penalty. RTI Date 08.04.2011. 1. I was asked for assets statements of a state govt. employee (name) both movable and immovable. 2. Name of bank, account no. and branch where salary disbursing in every month. Second appeal filed - 18.07.2011 SPIO sent rejection latter dated 20.09.2011 u/s 8(1)(j) of the Act. SIC order after hearing - Not mention anything about time limit even after repeated submission at the time of hearing dated 27.03.2012. ORDER - Appeal dismissed - No fine. As per existing Govt. orders the assets statement submitted by a Govt. employee to the employer under sealed covr can be opened only under special circumtances under order of the appropriate authority or by any court. Assetsstatement relates to personal information of the govt. employee and is submitted to the employer confidentially in terms of fiduciary relationship. such information can be disclosed to another person when an overriding public interest is involved, In this case the RTI applicqnt has not establisheds any overriding public interest \which warrents disclosure of the private and the confidential information relating to a third party. In item no. 2 of the RTI application, the applicant has requested the name of the bank, account no. and branch where the salary of ......... is being disbursed every month. Commission is of the view that such information is private and personal, disclosure of which does not serve any public purpose, but may cause unwarrented invasion of the privacy of ........ Under above circumtances, the apeal of ...... is dismissed. Thus case is dispose off. Kindly advice whether being aggrieved can I appeal agaisnt thsi prder or any steps can I take for disobidence of the act considering sec 23 of the Act.? Kindly advice - SPIO replied after many days (6 month) filing of second appeal with punch with another RTI reply.

On hearing SIC does not care the matter even repeated submission and not impose any penalty.

RTI Date 08.04.2011.
1. I was asked for assets statements of a state govt. employee (name) both movable and immovable.

2. Name of bank, account no. and branch where salary disbursing in every month.

Second appeal filed - 18.07.2011

SPIO sent rejection latter dated 20.09.2011 u/s 8(1)(j) of the Act.

SIC order after hearing - Not mention anything about time limit even after repeated submission at the time of hearing dated 27.03.2012.

ORDER -

Appeal dismissed -
No fine.

As per existing Govt. orders the assets statement submitted by a Govt. employee to the employer under sealed covr can be opened only under special circumtances under order of the appropriate authority or by any court. Assetsstatement relates to personal information of the govt. employee and is submitted to the employer confidentially in terms of fiduciary relationship. such information can be disclosed to another person when an overriding public interest is involved, In this case the RTI applicqnt has not establisheds any overriding public interest \which warrents disclosure of the private and the confidential information relating to a third party.

In item no. 2 of the RTI application, the applicant has requested the name of the bank, account no. and branch where the salary of ......... is being disbursed every month. Commission is of the view that such information is private and personal, disclosure of which does not serve any public purpose, but may cause unwarrented invasion of the privacy of ........

Under above circumtances, the apeal of ...... is dismissed.

Thus case is dispose off.

Kindly advice whether being aggrieved can I appeal agaisnt thsi prder or any steps can I take for disobidence of the act considering sec 23 of the Act.? ]]> Ask for RTI Query sarkarpartha http://www.rtiindia.org/forum/95814-rti-help-appeal-against-sic-order-considering-section-23-act.html RTI Help: Regarding Muncipal Commitee http://www.rtiindia.org/forum/95813-rti-help-regarding-muncipal-commitee.html Tue, 22 May 2012 14:33:21 GMT sdadfassssssssssss sdadfassssssssssss ]]> Ask for RTI Query ashu.goyal http://www.rtiindia.org/forum/95813-rti-help-regarding-muncipal-commitee.html I want know my name in CIBIL or note http://www.rtiindia.org/forum/95810-i-want-know-my-name-cibil-note.html Tue, 22 May 2012 14:14:32 GMT Dear sir or Ma'am,

I want know my name in CIBIL or not.?Please send me answer about this ]]> Ask for RTI Query pankajkaushik http://www.rtiindia.org/forum/95810-i-want-know-my-name-cibil-note.html RTI Question: Forwarding signed copy to CIC http://www.rtiindia.org/forum/95809-rti-question-forwarding-signed-copy-cic.html Tue, 22 May 2012 13:56:38 GMT The second appeal / direct complaint can be lodged to CIC on Home: Central Information Commission (CIC) Online (http://rti.india.gov.in) Guidance required on documents to be enclosed with signed copy of Second Appeal / Direct Complaint to CIC. Whether any fee is required to be enclosed for that? The second appeal / direct complaint can be lodged to CIC on Home: Central Information Commission (CIC) Online

Guidance required on documents to be enclosed with signed copy of Second Appeal / Direct Complaint to CIC. Whether any fee is required to be enclosed for that? ]]> Ask for RTI Query yourvikram http://www.rtiindia.org/forum/95809-rti-question-forwarding-signed-copy-cic.html Whether Mangalore SEZ Limited comes under RTI Act 2005 or not? http://www.rtiindia.org/forum/95808-whether-mangalore-sez-limited-comes-under-rti-act-2005-not.html Tue, 22 May 2012 13:05:08 GMT Dear Sir, I have asked for some information regarding Rehabilitation package given to Project displaced families in Mangalore SEZ Limited.They have turned down my application saying that whether MSEZL comes under the purview of RTI Act 2005 is yet to be decided is pending in honorable High court of Karnataka.Is it true? is there any notification regarding this issue quoting MSEZL coming under the purview of RTI Act 2005. Thanking you Sridhar Achar Dear Sir,

I have asked for some information regarding Rehabilitation package given to Project displaced families in Mangalore SEZ Limited.They have turned down my application saying that whether MSEZL comes under the purview of RTI Act 2005 is yet to be decided is pending in honorable High court of Karnataka.Is it true? is there any notification regarding this issue quoting MSEZL coming under the purview of RTI Act 2005.

Thanking you

Sridhar Achar ]]> Ask for RTI Query Sridhar Achar http://www.rtiindia.org/forum/95808-whether-mangalore-sez-limited-comes-under-rti-act-2005-not.html RTI Help: Gating delay in passport dispatching http://www.rtiindia.org/forum/95807-rti-help-gating-delay-passport-dispatching.html Tue, 22 May 2012 12:58:58 GMT Hi my name is harindra tiwari from garhwa jharkhand i applied for new passport in ranchi passport office my file ref no is a002154 all respective enquryi had been don by police and cbi and report is all ready sended by garhwa sp on 12april 2012 latter no is 654 but status is still showing same as before please help me out what i do to get my passport soon please suggest me Hi my name is harindra tiwari from garhwa jharkhand i applied for new passport in ranchi passport office my file ref no is a002154 all respective enquryi had been don by police and cbi and report is all ready sended by garhwa sp on 12april 2012 latter no is 654 but status is still showing same as before please help me out what i do to get my passport soon please suggest me ]]> Ask for RTI Query HARINDRA http://www.rtiindia.org/forum/95807-rti-help-gating-delay-passport-dispatching.html RTI Question: military engineering services is under RTI or not??? please help http://www.rtiindia.org/forum/95805-rti-question-military-engineering-services-under-rti-not-please-help.html Tue, 22 May 2012 12:33:19 GMT My last month salary has not submitted by department after my resignation and acceptance.... My last month salary has not submitted by department after my resignation and acceptance.... ]]> Ask for RTI Query ganeshhase http://www.rtiindia.org/forum/95805-rti-question-military-engineering-services-under-rti-not-please-help.html Penalty of Rs 25,000 on CPIO of CIC http://www.rtiindia.org/forum/95804-penalty-rs-25-000-cpio-cic.html Tue, 22 May 2012 12:21:03 GMT The CIC has levied a penalty of Rs 25,000 on the PIO of CIC for providing the information nearly a year late. No information was provided initially by the PIO and even after the order of the FAA since "file could not be found".

Full order is attached to this post.
Attached Files
]]> karira http://www.rtiindia.org/forum/95804-penalty-rs-25-000-cpio-cic.html