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  • digal's Avatar
    1 Week Ago
    In the line of what karira Sir said: {Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:} "Any person" means: any of the two cases marked in Green OR Blue. Taking OR as disjunctive, 1. There is no doubt that Green case gets obviated, as the person did not receive the decision in time→clearly points to the applicant who requested information. 2. The Blue case may be read like this: Person who, is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, may within thirty days from the receipt of such a decision prefer an appeal to ....→ points to the applicant who received the information. Hence, the case may be either 1 OR 2. R K Mishra.
    5 replies | 333 view(s)
  • digal's Avatar
    1 Week Ago
    digal replied to a thread pay scale in Ask for RTI Query
    Hi krishnaambadi, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Pl do not start multiple threads on same subject ( http://www.rtiindia.org/forum/125887-pay-scale-post312091.html#post312091 ) As per CBSE notification No. CBSE/AFF/CIRCULAR/2010; Circular No. 03/10, Dtd 18/10/2010, And as per CIC directive(CIC /SG/A/2010/001205-DS) the affiliated schools must declare the norms of affiliation at their website. The norms for affiliation are as follows: Hence, visit the website of the school to find details. If they have not yet displayed the norms, file RTI to CBSE to know whether the school mentions the norms for service conditions in its website, as notified in affiliation notification........ 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 doesnít have any PIO or never displays/updates RTI information on itís 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
    1 replies | 138 view(s)
  • digal's Avatar
    2 Weeks Ago
    The first link is not opening.(no matches) Got to see your comments 1st time in the second link. But the link in that thread leads to same thing(no matches). However, i have gone through all the started links. Thank you for your advice.
    7 replies | 189 view(s)
  • digal's Avatar
    2 Weeks Ago
    Here is the link and the attached decision: http://www.rti.india.gov.in/cic_decisions/CIC_SM_A_2013_001157_SS_M_132052.pdf
    3 replies | 192 view(s)
  • digal's Avatar
    2 Weeks Ago
    sec19. (1) Any person who, does not receive a decision within the time specified in subsection (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority: Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 1st Appeal in case of no reply→within 30 days(except postal lag; i.e time counter starts when PIO receives the application--counter stops when PIO asks for additional fees---again starts after the receipt of fees) For 1st Appeal, as aggrieved by decision of PIO→within 30 days after receipt of the Reply. However, the FAA may condone the delay for 1st Appeal, if sufficient cause is shown by the Appellant. R K Mishra
    7 replies | 189 view(s)
  • digal's Avatar
    2 Weeks Ago
    Here is the link for the decision that may be used by @G.L.N. Prasad ji http://www.rti.india.gov.in/cic_decisions/CIC_SS_C_2012_000351_VS_07198_M_134072.pdf
    8 replies | 402 view(s)
  • digal's Avatar
    2 Weeks Ago
    This decision is important for me. I have been fighting for transparency in a body (NJCS, a committee consisting Netas & Babus), that has been declared as a Public Authority vide CIC order : http://www.rti.india.gov.in/cic_decisions/CIC_LS_A_2012_002516_M_100494.pdf Strangely, the Netas & Babus passed resolutions(even after the CIC order) to shield them from RTI & to disregard the order. As happened with karira Sir, my complaint u/s 18(1)(a)(b) & (f) was returned back, as i did not attach copy of information request! Without editing even a coma, i resent the Complaint with a strong letter. At last, that was registered. After the hearing, i will upload the Complaint & Orders. R K Mishra
    8 replies | 402 view(s)
  • digal's Avatar
    2 Weeks Ago
    Hi abhisheksaini Always visit the website of PAs (Public Authority, where information is available) to find RTI page. You may find some information on mandatory disclosures In this particular case, you may visit the following pages. .::North Delhi Municipal Corporation::. RTI Monitoring System ------------------ 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 doesnít have any PIO or never displays/updates RTI information on itís 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
    2 replies | 79 view(s)
  • digal's Avatar
    3 Weeks Ago
    It seems you did not send one or more of the following documents in order 2nd Appeal+copy of (RTI request+Reply by PIO+1st Appeal+AA's Order) If you want to pursue with the same 2nd Appeal, 1) Rectify the Appeal by attaching missing documents. 2) Write a letter to the Dy. Registrar (central registry) that you have rectified the 2nd Appeal...... 3) Do write the Diary no in bold at Header of the letter. Mention enclosures at the bottom 4) Enclosures must contain the copy of letter by dy Registrar+identity proof+rectified Appeal with attachments. 5) Search for new Diary no. by your name at CIC website. 6) After 1.5 to 2 months, search for the status of new Diary no. You will never get your Appeal no. with old diary no. Pl be concise to get exact help you need. R K Mishra
    2 replies | 201 view(s)
  • digal's Avatar
    3 Weeks Ago
    It seems the FAA is cooperative. Meet as advised to sort out problems & carry another IPO/pay any other way as per Rules. If your prime concern is to get information, ignore those mistakes & grab this opportunity to get maximum information.
    2 replies | 153 view(s)
  • digal's Avatar
    3 Weeks Ago
    Go for 1st Appeal with the following citation of CIC order (para 56). As inspection was allowed, the provisions of exemptions u/s 8 & 9 are automatically obviated. U/s 7(1), PIO can either provide information or reject the request under the above mentioned section. File No.CIC/AD/A/2012/000570 File No.CIC/LS/A/2011/003966 File No.CIC/LS/A/2012/001314 File No.CIC/LS/A/2012/001120 "56. The respondent’s counsel has tenaciously argued that the appellant’s request for information is not in public interest and that he is seeking this information for extraneous considerations. The question is whether information is disclosable under the RTI Act only in public interest and not otherwise. Suffice to say that RTI Act does not draw a distinction between demand for information in public interest and private interest. The Act provides for disclosure of information to the citizens of India subject to the provisions of section 8, 9, 10 & 11 of the RTI Act. In other words, appellant is not required to establish any larger public interest in his search for all classes of information. He is required to establish public interest only in particular clauses of section 8(1) of the RTI Act. In view of the above, we hold that appellant need not establish public interest while seeking information for all classes of information." R K Mishra
    3 replies | 244 view(s)
  • digal's Avatar
    4 Weeks Ago
    Denial of Answer Sheets amounts to Contempt of Supreme Court Order: says CIC :app: http://www.rti.india.gov.in/cic_decisions/CIC_RM_A_2013_001268_M_132169.pdf
    102 replies | 36018 view(s)
  • digal's Avatar
    4 Weeks Ago
    U/s 19(7) of the Act, the decision of IC is a binding. Contrary to that, there are dozens of decisions where ICs have revisited their earlier decisions (even overturned by other ICs). However, that is not in your case. It would have bn better, if would hv sent an adjunct under the same Appeal number. You don't have time & the hearing is tomorrow. You may submit the prayers/arguments in writing. Do pray to mention your prayers/arguments in the impugned decision. As the Appeal Order has not yet been complied by PIO, just pray to pass another order under the same Appeal. There is NO harm in Praying. R K Mishra.
    11 replies | 272 view(s)
  • digal's Avatar
    4 Weeks Ago
    As the Order for the earlier Appeal has not been complied by SPIO, the case is not closed & may be reopened by SIC himself. ♦ During hearing, pray for separate orders for Complaint & reopening of Appeal with different procedures for each. ♦ Under Complaint, pray for procedures u/s 18 (2) & (3) read all steps for enquiry, summoning non-responding SPIO to enforce attendance and to receive in affidavit]. ♦ Pray for maximum Penalty u/s 20(1) & (2) ♦ Under Appeal, pray for Compensation u/s 19(8)(b), requiring the PA to take immediate steps to enhance the provision of training on the right to information for its officials R K Mishra
    11 replies | 272 view(s)
  • digal's Avatar
    4 Weeks Ago
    @cat_with_nine_lives If you are sending application to the "Public Authority"(EPFO in this case) under control of Central Govt, you need to follow the central RTI rules only. 1. Attach IPO/DD etc of Rupees 10/-; nothing more nothing less. But, for PAs under Haryana Govt., one need to attach a fee of 50/- (Rule 5 of Haryana Rules 2009). 2. You need not to send any thing more or less. The extra cost of papers or other materials (if any) may be calculated by PIO & will be informed to you. The PIO will avoid all difficulties to return extra amount sent by you. S/he has to go by the rules. 3. Try to limit within 500 words (except address) . R K Mishra
    5 replies | 378 view(s)
  • digal's Avatar
    4 Weeks Ago
    I failed to trace one Delhi HC judgement criticizing former IC S Gandhi overturning another IC's decision. Higher benches Or Law of Precedence must follow to overturn the earlier order by another IC. But, it is shocking to know that the level of nexus had touched the new low :SS: They were well aware that the appellant would hardly challenge b4 HC. R K Mishra
    12 replies | 548 view(s)
  • digal's Avatar
    06-18-2014
    digal replied to a thread I am Back in Say Hello
    Glad to have you back here Sir! :app: Like ur updates @ FB(fortunate to have u there), ur presence at this forum will enrich our wisdom. R K Mishra.
    5 replies | 222 view(s)
  • digal's Avatar
    06-15-2014
    @abhsnh, you may pursue the matter by going for 1st Appeal. As said by @G.L.N. Prasad ji, you may calculate whether the PIO failed to reply within time limits, so that you should get information free of cost u/s 7(6). Even if it is within the time limits, you may argue that the charges calculated (750/- per copy or so) is not justified as per the Delhi High court orders: http://www.rtiindia.org/forum/docs/court-judgements-rti-issues/548-answer-papers-only-rs-2-per-page & http://lobis.nic.in/dhc/VS/judgement/06-06-2012/VS01062012CW112712009.pdf The unreasonable charge through circular (2006/TG-I/20/P/LTC http://www.indianrailways.gov.in/railwayboard/uploads/directorate/traffic_comm/COMM-CIR-2K11/CC_65_2011new.pdf ) by the Railways, seems to be of "Executive Order". Where, the HC has clarified that no "Executive order" can override the "Statutory Rules". Go through the discussion at : http://www.rtiindia.org/forum/123199-new-download-answer-papers-only-rs-2-a-post303525.html#post303525 In the mean time, you may file another RTI to confirm about the nature of order/Rule by which the absurd charges have been fixed. R K Mishra.
    5 replies | 264 view(s)
  • digal's Avatar
    06-13-2014
    An excellent initiative by SOUTH CENTRAL Railways. Last January, I tried to lodge a complaint through the same(8121281212) No. The reply was: "Your complaint/Suggestion does not pertain to scr and it had been forwarded to south Eastern Railway, Kolkata 09002080013" No initiative was taken by SER for my complaint(no water). However, i met the TTE to inform about the complaint→that resulted immediate action. later i searched for other divisions to find SMS Complaint sys. Surprised to find only SCR (8121281212) & ECR (09437553815) have this system! :o It will be helpful, if any learned members provide more numbers for other divisions regarding SMS complaints. R K Mishra
    3 replies | 583 view(s)
  • digal's Avatar
    06-04-2014
    I am frustrated to know the updates :( To get the updates, I could not trace the related thread ( http://www.rtiindia.org/forum/105766-cic-asks-cbi-compensate-rs-153-a.html ) that time . However, the learned applicant @rohitgoyal_asn may not face the same hurdles. Honestly speaking, very few (rather none) of us can engage with CBI, by exhausting so much of time, money & energy. R K Mishra
    7 replies | 349 view(s)
  • digal's Avatar
    06-04-2014
    1. Simply Apply to the Public Information officer...with address of the PA. Write to the Head of the PA regarding the matter & follow up with an RTI(with above address). And/Or u/s 18 complain to the S/CIC that the PA has not displayed the mandatory disclosures under section 4(1)(b)(xvi). 2. DO NOT WRITE NAME. simply address to the PIO & send by SPEED POST. Let them refuse to receive. Go to the next step with the proof in your hand. 3. Do as above. Once CBI returned karira sir's application even without opening the cover. The rest is history. 4. NO. if you are interested in information without confrotation, you may go and collect. If you feel it is cumbersome to go & collect, you may go for 1st appeal/ or another letter to PIO that you need information by post(some state Govts take postal charge). R K Mishra
    7 replies | 349 view(s)
  • digal's Avatar
    06-03-2014
    Visit the website of the Public Authority. Go to the RTI page to find Section 4(1)(b) Mandatory disclosures. Under section 4(1)(b)(ii), you will find : the powers and duties of its officers and employees. Your purpose may be solved to some extent. However if you need more specific Responsibilities, you may file RTI to the concerned PIO. If you find the PA has not provided the details of powers and duties of its officers and employees, you may inform (practical, less time consuming) to the concerned Head of the PA to include the same→Follow up with an RTI. And/Or u/s 18 you may go for a complaint(time consuming) to S/CIC, about the matter. R K Mishra.
    4 replies | 274 view(s)
  • digal's Avatar
    05-20-2014
    Hi Garima, Welcome to RTIINDIA. File RTI u/s 6(1) of RTI Act, to the Public Information Officer of the concerned Public Authority(Rajasthan University), attaching prescribed fee. Ask for the certified copies of your Answer sheets. Before that, 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
    2 replies | 260 view(s)
  • digal's Avatar
    05-20-2014
    digal replied to a thread hiiii in Say Hello
    Good evening praveenbhai. 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. 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
    2 replies | 195 view(s)
  • digal's Avatar
    05-11-2014
    Unlike 'tear off' drama for RP Act amendment, the amendment for this Act may not be opposed by remote control. All that depend on the next Opposition party & the pressure by Activists. There are several other regional parties (except the SIX), who are opposing vehemently (only facial to gain popularity), as they have not been declared as PA. As one party displays donations at it's website & with rise of alerted citizens, this amendment is a hot potato for all other Political Parties. So i am optimistic; it is least likely to be amended. R K Mishra
    6 replies | 327 view(s)
  • digal's Avatar
    05-10-2014
    The spooky nature of CIC officials persists & will continue till God's intervention! Following story in short, may enlighten the matter: By an order of CIC, a committee was declared as 'PA'. The PA not only refuses to comply with it's obligation, but also passes resolution after resolution to negate CIC Order & closes all doors for RTI. I may divert, if i will describe further on this committee comprising Babus & Netas (even MPs). Details may be read through my blog. http://www.rtiindia.org/forum/blogs/digal/4383-union-leaders-babus-njcs-took-resolution-suppress.html As the PA doesn't have a PIO & i was not able to submit request for information, i complained to CIC u/s 18(1)(a),(b) &(f). though, i am trying to obtain information through a different PA; after denial by PIO+FAA, the same is at 2nd Appeal stage] Strangely, the Dy Registrar of Central Registry Returned my Complaint with a predetermined format, assigning it as 'defective'. The reason provided is: under Rule 9 read with Rule 8 of RTI rules 2012, Copy of Information Request has not been annexed! It seems the officials even do not visit home page of their own website, where a clear check list has been provided (scrolling display: http://cic.gov.in/Checklist-ac.pdf pg#3 for complaints). They even do not know that the Rules (8 & 9) are applicable to Appeals only! How can one person attach a copy of Info Request, where s/he complains on the same ground as said in 18(1)(a)? In my complaint, I had clearly mentioned the ground. Also, for Name & Address of CPIO, i had clearly mentioned: "No CPIO has been appointed under this Act." The letter received by me just before expiry of 30 days waiting period. As i did not have time to gather opinion & advice from this forum, i have sent a short reply(attached) along with the same complaint without even editing a coma. May god save RTI. R K Mishra
    7 replies | 513 view(s)
  • digal's Avatar
    05-08-2014
    Though this judgment appeared long before RTI Act, nothing in the citation contradicts the provision in the Act. Rather, it stressed on the intent of the legislators embedded in preamble & operative provisions of any Act. http://judis.nic.in/supremecourt/imgs1.aspx?filename=9406 As said by Rajan ji, the citation will immensely help citizens who have been denied information for exempted organizations. R K Mishra
    1 replies | 188 view(s)
  • digal's Avatar
    05-05-2014
    digal replied to a thread Dear All in Say Hello
    Hi Kodanda, 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. 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
    2 replies | 259 view(s)
  • digal's Avatar
    04-30-2014
    Hi bhushannangle, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Visit the similar post here : http://www.rtiindia.org/forum/123385-provided-fund-post303972.html#post303972 Regards R K Mishra
    3 replies | 153 view(s)
  • digal's Avatar
    04-30-2014
    Hi Vishal, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. This forum can help you regarding RTI matters. Engage yourself with the officials to know the reasons for delay. If they don't pay heed to your query, file RTI to the PIO(see below) of the Dpt (PA), where the information is available. Visit their website to find out the address of the PIO (RTI page). apply with sub: Application for information u/s 6(1) of RTI Act, 2005. Providing details of your earlier application(if needed attach a copy), ask for 1) Daily progress report of the PF release application. 2) Name & Desig'n of the official, under whom the application is being processed. 3) As per procedures, time period prescribed to finalize the process. etc etc... Attach a fee with the application. 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
    3 replies | 180 view(s)
  • digal's Avatar
    04-29-2014
    Hi panchabikessan, WELCOME to RTI INDIA, the ocean of knowledge on RTI matters. Pl do not provide your personal details like Ph, A/C no etc, which may be misused by miscreants. This forum can only help you to find solutions for RTI Matters. The best remedy is to talk with the concerned Manager. If you still feel that the deductions violated the Rules/Procedures, you may file RTI(see below) to know the laid Rules/procedures by which amount has been deducted(provide details). To know more how & whom to file RTI, Go through Guide section to know abc of RTI Rules & Fees. Centre & States have different Rules. As SBI comes under central Rules, you have to attach a fee of Rs 10/-(IPO or DD) with your RTI application. Address to the PIO of the SBI branch/zone(find theexact address at their website in RTI page) 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 doesnít have any PIO or never displays/updates RTI information on itís 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
    5 replies | 200 view(s)
  • digal's Avatar
    04-28-2014
    Only those records, which are of personal in nature, after disclosure invade privacy, may endanger safety of any person, could be denied u/s 8(1)(d) and /or (j), as the case may be. A third party procedure u/s 11 may be followed by PIO for any information supplied by third party & has been treated confidential by third party. If the information asked is of larger public interest, nothing should come in the way of disclosure. The information you need (certified copies of representation and other copies viz., Ministry's directions, etc.,) does not come under such type of information. If at all it comes, let the PIO deny u/s 8 or let him/her take third party procedures u/s 7(7). After his reply, you may inform us for the next procedures. We will provide you the decisions of CIC in that direction(File No.CIC/SM/A/2012/000695, 1199, 1369 & 1413, CIC/AD/A/2012/000739, CIC/AD/A/2012/002874, ). http://rti.india.gov.in/cic_decisions/CIC_AD_A_2012_000739_M_79229.pdf , 2 http://www.rti.india.gov.in/cic_decisions/CIC_AD_A_2012_002874_M_109541.pdf ]→ → service book to be disclosed after severing personal information etc. http://judis.nic.in/supremecourt/imgs1.aspx?filename=39615 → SC court decision against personal information(like appraisal, punishment IT returns etc) disclosure: Girish Ramchandra Deshpande Vs CIC First get the reply through RTI, then take steps for arguments. But, before that, let us know what exactly you mean by "copies of representation". R K Mishra.
    3 replies | 142 view(s)
  • digal's Avatar
    04-26-2014
    Many many thanks to Ambrish ji for his esteemed initiative to obtain important documents & sharing with us... Regards R K Mishra
    3 replies | 792 view(s)
  • digal's Avatar
    04-26-2014
    Yes Sir, In the following judgement (para 35), it is clearly mentioned that the fee by ROC is through statutory Rules. http://lobis.nic.in/dhc/VS/judgement/06-06-2012/VS01062012CW112712009.pdf which are statutory rules and prescribe the fees for inspection of documents, etc. in Rule 21A. The said rules being statutory in nature and specific in their application, do not get overridden by the rules framed under the RTI Act with regard to prescription of fee for supply of information, which is general in nature, and apply to all kinds of applications made under the RTI Act to seek information. It would also be complete waste of public funds to require the creation and maintenance of two parallel machineries by the ROC one under Section 610 of the Companies Act, and the other under the RTI Act to provide the same information to an applicant. It would lead to unnecessary and avoidable duplication of work and consequent expenditure.” ] where as , the Circular(2006/TG-I/20/P/LTC) by the Railways to charge to obatain copy of Reservation chart seems to be of Executive order. http://www.indianrailways.gov.in/railwayboard/uploads/directorate/traffic_comm/COMM-CIR-2K11/CC_65_2011new.pdf The later HC judgement(Jain's case) do not overrule the former (RoC's decision). R K Mishra
    5 replies | 682 view(s)
  • digal's Avatar
    04-25-2014
    1st case: The complainant received Correct information & was never refused to access any information. He received the information with a delay (only for a week) Ideally, he should have received information free of cost u/s 7(6). Just for the delay of seven days, in this era (where ICs condone PIOs for deemed refusal), he chose to complain, instead of Appeal (after SC judgement on Ch IC Manipur Vs State of Manipur, Dtd Dec 12/2011). His complaint does not fit in any of the provisions u/s 18(1), except for 18(1)(d)I feel] We don't know whether he complained u/s 18(1)(d) or not; but by going through the order, it seems he was neither interested to pursue the matter nor sent his written submission under this provision. His presence during hearing & argument could augment the uphill expectations: a) to refund the amount, b) to punish the PIO just for a delay of 7 days. The best would be to appeal (with sufficient written cause) for a refund , & a compensation u/s 19(8(b). 2nd case: Yes sir, as i said, the IC has erred in his decision. Regards R K Mishra
    4 replies | 255 view(s)
  • digal's Avatar
    04-25-2014
    Going through the orders, it seems→ The complainant had filed two different RTI 1. 1st one (19.03.2012) went through 1st Appeal. IC dismissed (CIC/SS/C/2012/000787/KY, 25/03/2014)the complaint as a) that did not satisfy the criteria u/s 18(1) b) there is no delay(as claimed) in the reply; so no refund; hence no penalty as prayed. None of the Parties were present to contest. 2. 2nd one (24.03.2012 ) was direct. This complaint was listed with the first one & one interim order was passed on the same date(25/03/2014). IC heard this complaint(CIC/SS/C/2012/000651/KY) again on 17/04/2014. The complaint was Closed asNone of the parties were present for the second time. -------------- Appeal procedures (G.S.R 603(E) of DoPT; specially Rule#10, 11 & 12) does not apply to the complaints. Both the complaints had to be processed through sec 18. 1st complaint: As per the available records, IC has given his decision favoring PIO. I do not think this particular decision is irrational. Yes, an admonition for non-appearance of PIO should have been mentioned in the order. 2nd complaint: As per available records IC found some documents to be of divergent views & PIO was asked to submit the exhaustive comments. Respondent PIOs always get advantage of traveling with TA/DA, where Appellants/complainants has to bear all expenses personally. Some times, the notice for hearing reaches after the date of hearing! So it is not always possible to attend for hearing traveling 1000s of km. The Commission should have proceded as per available records. PIO did not pay heed to his order(for comments). In this case, commission should have taken action. R K Mishra
    4 replies | 255 view(s)
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