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  • digal's Avatar
    6 Days Ago
    It is definitely an overreach & out of bounds of the powers vested under RTI Act. For information only: Central Govt PSUs provide Annual Bonus in festive season like Diwali or Durgapuja, as per their locality.
    4 replies | 204 view(s)
  • digal's Avatar
    1 Week Ago
    Did u receive point wise reply as per your query? It is very difficult for us to guess your query and the PIO's reply. You may post your query & reply, deleting/replacing personal information that may not be necessary. However, if you feel you are not satisfied with FAA's Order, you may go for 2nd appeal within 90 days. Remember, it will take at least 3 to 4 years for 2nd Appeal hearing. If you are interested in information, go for inspection & get copy of the required documents.
    10 replies | 208 view(s)
  • digal's Avatar
    1 Week Ago
    Later discovered your earlier post on the same matter. http://www.rtiindia.org/forum/136971-can-i-file-first-appeal-32-days.html Pl do not start multiple threads on the same matter
    10 replies | 208 view(s)
  • digal's Avatar
    1 Week Ago
    Hi amarendra deo, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. Find out address of the PIO at their website(RTI section). With a fee of Rupees 10/-(IPO or as prescribed) ask required information to the PIO of the PA. You may ask for the copies the said particulars as you are interested. Remember, information that is available in material form may be provided to you. In this august forum, feel free to clarify your doubt on RTI matters. You may encounter the following abbreviations during your search/observations, described in simple form without technical details. PA : Public Authority > The Organization/Department which possesses the information. PIO : Public Information Officer > to whom you may apply for information. Under section 6(1), apply with prescribed fees (Rules & Fees) & wait for 30(48 hrs for life & liberty) days + postal delay. FAA : First Appellate Authority > If you did not get any reply or the reply is not satisfactory, you may Appeal to FAA u/s 19(1). Wait for 30 (45 for other reasons) + postal delay. IC : Information Commission; CIC for central Govt/PSUs, SIC for State Govt/PSUs.> last step in the process, where you need to appeal u/s 19(3), within 90 days of decision of FAA. U/s 18(1), you may Complain directly to CIC/SIC, where you did not get any reply from PIO/ got misleading/False/Incomplete Information. Also you may complain where PA doesn’t have any PIO or never displays/updates RTI information on it’s website. The Act is in simple form. Just have a look to epitomize the sections. You may download various Orders of Information Commissions, High Courts & Supreme Court. Regards R K Mishra
    7 replies | 189 view(s)
  • digal's Avatar
    1 Week Ago
    *Select Ministry/Department/Apex body : Department of Personnel & Training Please Select Ministry * Select Public Authority: Department of Personnel & Training(Your Request will be filed with this selected Public Authority) Select as shown. CVC comes under DOPT. In the Info request, address To The Public Information Officer, CVC, Satarkta Bhawan, Block ‘A’, GPO Complex, INA, New Delhi-110023 Your Request will be transferred u/s 6(3). Rgds R K Mishra
    3 replies | 144 view(s)
  • digal's Avatar
    01-25-2015
    Hi chosuda, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. It seems you filed a direct online complaint thru CIC website. Yes, as it shows, you need to send a self attested printed copy of the online complaint+attached documents(RTI application & proof of delivery) After 7 to 10 days, check Diary status by your name at CIC website & note down the number. Then wait for at least 3 months (depending upon the registry) to get your complaint registered. But, through complaint, you will not able to get the information. Immediately, send 1st Appeal to FAA of the the PA, describing about deemed refusal. Then you may go for 2nd Appeal to CIC as per the schedule given below. ---------------- --------------- Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. In this august forum, feel free to clarify your doubt on RTI matters. You may encounter the following abbreviations during your search/observations, described in simple form without technical details. PA : Public Authority > The Organization/Department which possesses the information. PIO : Public Information Officer > to whom you may apply for information. Under section 6(1), apply with prescribed fees (Rules & Fees) & wait for 30(48 hrs for life & liberty) days + postal delay. FAA : First Appellate Authority > If you did not get any reply or the reply is not satisfactory, you may Appeal to FAA u/s 19(1). Wait for 30 (45 for other reasons) + postal delay. IC : Information Commission; CIC for central Govt/PSUs, SIC for State Govt/PSUs.> last step in the process, where you need to appeal u/s 19(3), within 90 days of decision of FAA. U/s 18(1), you may Complain directly to CIC/SIC, where you did not get any reply from PIO/ got misleading/False/Incomplete Information. Also you may complain where PA doesn’t have any PIO or never displays/updates RTI information on it’s website. The Act is in simple form. Just have a look to epitomize the sections. You may download various Orders of Information Commissions, High Courts & Supreme Court. Regards R K Mishra
    7 replies | 267 view(s)
  • digal's Avatar
    01-22-2015
    @karira Sir, It seems, instead of Gujarat HC, another file(as shown by @jj99 ji; Bhagat Singh Vs CIC Non compliance) has been uploaded. However, this decision contradicts the Patna HC decision( http://www.rtiindia.org/forum/135667-new-file-not-job-commission-ensure-recovery.html )
    9 replies | 389 view(s)
  • digal's Avatar
    01-16-2015
    Erudite G.L.N. Prasad saab, I am grateful for the detailed delineation about your experience. All such sufferers will definitely commiserate with your experience. This enlightens the darkest corner of the PA. I was aware of the fact that CVC is just like a post box, transferring filtered complaints to the concerned Depts. Still, i made the complaint as it is with strong evidences. Rarely it asks CBI to carry on investigations. Let me describe the work procedure of CVC for other viewers. --------------------------------------------------------- At central Government level, there is Central Vigilance Commission, Departmental vigilance and CBI. CVC and Departmental vigilance deal with vigilance (disciplinary proceedings) aspect of a corruption case and CBI deals with criminal aspect of that case. However, it does not have adequate resources commensurate with the large number of complaints that it receives. CVC is a very small set up with a staff strength less than 200. It is supposed to check corruption in more than 1500 central government departments and ministries, some of them being as big as Central Excise, Railways, Income Tax etc. Therefore, it has to depend on the vigilance wings of respective departments and forwards most of the complaints for inquiry and report to them. While it monitors the progress of these complaints, there is delay and the complainants are often disturbed by this. It directly enquires into a few complaints on its own, especially when it suspects motivated delays or where senior officials could be implicated. But given the constraints of manpower, such number is really small. CVC is merely an advisory body. Central Government Departments seek CVC’s advice on various corruption cases. However, they are free to accept or reject CVC’s advice. Even in those cases, which are directly enquired into by the CVC, it can only advise government. CVC mentions these cases of non-acceptance in its monthly reports and the Annual Report to Parliament. But these are not much in focus in Parliamentary debates or by the media. Experience shows that CVC’s advice to initiate prosecution is rarely accepted and whenever CVC advised major penalty, it was reduced to minor penalty. Therefore, CVC can hardly be treated as an effective deterrent against corruption. CVC cannot direct CBI to initiate enquiries against any officer of the level of Joint Secretary and above on its own. The CBI has to seek the permission of that department, which obviously would not be granted if the senior officers of that department are involved and they could delay the case or see to it that permission would not be granted. CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary matters. It does not have powers over politicians. If there is an involvement of a politician in any case, CVC could at best bring it to the notice of the Government. There are several cases of serious corruption in which officials and political executive are involved together. It does not have any direct powers over departmental vigilance wings. Often it is seen that CVC forwards a complaint to a department and then keeps sending reminders to them to enquire and send report. Many a times, the departments just do not comply. CVC does not have any really effective powers over them to seek compliance of its orders. CVC does not have administrative control over officials in vigilance wings of various central government departments to which it forwards corruption complaints. Though the government does consult CVC before appointing the Chief Vigilance Officers of various departments, however, the final decision lies with the government. Also, the officials below CVO are appointed/transferred by that department only. Only in exceptional cases, if the CVO chooses to bring it to the notice of CVC, CVC could bring pressure on the Department to revoke orders but again such recommendations are not binding. Appointments to CVC are directly under the control of ruling political party, though the leader of the Opposition is a member of the Committee to select CVC and VCs. But the Committee only considers names put up before it and that is decided by the Government. The appointments are opaque. CVC Act gives supervisory powers to CVC over CBI. However, these supervisory powers have remained ineffective. CVC does not have the power to call for any file from CBI or to direct them to do any case in a particular manner. Besides, CBI is under administrative control of DOPT rather than CVC. Therefore, though CVC is relatively independent in its functioning, it neither has resources nor powers to enquire and take action on complaints of corruption in a manner that meets the expectations of people or act as an effective deterrence against corruption. Departmental Vigilance Wings: Each Department has a vigilance wing, which is manned by officials from the same department (barring a few which have an outsider as Chief Vigilance Officer. However, all the officers under him belong to the same department). Since the officers in the vigilance wing of a department are from the same department and they can be posted to any position in that department anytime, it is practically impossible for them to be independent and objective while inquiring into complaints against their colleagues and seniors. If a complaint is received against a senior officer, it is impossible to enquire into that complaint because an officer who is in vigilance today might get posted under that senior officer some time in future. In some departments, especially in the Ministries , some officials double up as vigilance officials. It means that an existing official is given additional duty of vigilance also. So, if some citizen complaints against that officer, the complaint is expected to be enquired into by the same officer. Even if someone complaints against that officer to the CVC or to the Head of that Department or to any other authority, the complaint is forwarded by all these agencies and it finally lands up in his own lap to enquire against himself. Even if he recuses himself from such inquiries , still they have to be handled by those who otherwise report to him. There are indeed examples of such absurdity. There have been instances of the officials posted in vigilance wing by that department having had a very corrupt past. While in vigilance, they try to scuttle all cases against themselves. They also turn vigilance wing into a hub of corruption, where cases are closed for consideration. Departmental vigilance does not investigate into criminal aspect of any case. It does not have the powers to register an FIR. They also do not have any powers against politicians. Since the vigilance wing is directly under the control of the Head of that Department, it is practically impossible for them to enquire against senior officials of that department. Therefore, , the vigilance wing of any department is seen to softpedal on genuine complaints or used to enquire against " inconvenient" officers. CBI: CBI has powers of a police station to investigate and register FIR. It can investigate any case related to a Central Government department on its own or any case referred to it by any state government or any court. CBI is overburdened and does not accept cases even where amount of defalcation is alleged to be around Rs 1 crore. CBI is directly under the administrative control of Central Government. So, if a complaint pertains to any minister or politician who is part of a ruling coalition or a bureaucrat who is close to them, CBI's credibility has suffered and there is increasing public perception that it cannot do a fair investigation and that it is influenced to to scuttle these cases. Again, because CBI is directly under the control of Central Government, CBI is perceived to have been often used to settle scores against inconvenient politicians. Therefore, if a citizen wants to make a complaint about corruption by a politician or an official in the Central Government, there isn’t a single anti-corruption agency which is effective and independent of the government, whose wrongdoings are sought to be investigated. CBI has powers but it is not independent. CVC is independent but it does not have sufficient powers or resources. -------------------------------------------- The LONG hand, as described in my earlier post is long & cleaver enough to retain power in this Govt. His name was appeared in visiter's diary of former CBI director(a known fact). Regards R K Mishra
    7 replies | 886 view(s)
  • digal's Avatar
    01-15-2015
    G.L.N. Prasad ji, The complaint was on-line & can be traceable any time! Before one year they had terminated the complaint with: "No Action Taken as per complaint handling Policy". I pursued by indexing all sections of the POLICY. That was re-opened again & filed. As RAVEENA_O ji & premssingh86 ji suggested, i have at least 15 decisions dismissing the unreasonable ground. What bothers me is the pendency at headless CIC & CVC.
    7 replies | 886 view(s)
  • digal's Avatar
    01-15-2015
    Dear Members/Viewers, If you had gathered evidence regarding issues corruption & followed up complaints at CVC for penal action, hold your breath! There are LONG hands to hide your complaint & that may be untraceable! I had gathered evidence through series of RTI regarding issues of corruption in a PA. That took years till CIC level, following inspections. I complained at CVC & waited to receive good news. I filed RTI to CVC to know the status of my online complaint. The following reply stunned me :o I will definitely pursue the matter with all arguments including Delhi HC judgement (UNION OF INDIA Vs VISHWAS BHAMBURKAR). Though i will follow up with another RTI to the CVC, i need more suggestions from dear members. Regards R K Mishra.
    7 replies | 886 view(s)
  • digal's Avatar
    01-04-2015
    Thankful to @karira Sir for the detailed uploads. Though i was aware about the news through Hon'ble S C Agrawal's FB postings, i got to know the following important CIC direction: "......the Commission directs the respondent to transfer u/s 6(3) Points 10 to 11 to concerned CPIOs of Bihar, Jharkhand & Delhi governments and Points 1 to 8 be transferred u/s 6(3) to RJD, for directly providing information to the appellant as sought in his RTI application." This order may be cited(unless challenged) for transferring applications u/s 6(3) to other PAs, under different "appropriate Governments". R K Mishra
    2 replies | 873 view(s)
  • digal's Avatar
    12-14-2014
    Here is the first recommendation order on 05/12/2014 http://www.rti.india.gov.in/cic_decisions/CIC_BS_A_2014_000336_6505_M_143662.pdf Appellant is Mr. R. K. Jain CIC is Shri Basant Seth.
    2 replies | 378 view(s)
  • digal's Avatar
    12-14-2014
    NOELM You have not yet clarified the matter as asked by karira sir. It seems the State Govt has already circulated a format of application. Yes, it can be rejected, if the State Rule has a Form for application. For central Govt/PSUs, no such format is required. However, if yo find something unnecessary in the format(or the system itself), you may take this matter up to SIC/Court for a benevolent cause. R K Mishra.
    13 replies | 686 view(s)
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