J.P. SHAH BLOGS

INDIAN BANK ASSOCIATION -RTI INTERPRETATION

2012-01-27T09:55:00.002+05:30

Date: 26-01-2012 Bypost

To,

Chief Advisor-Legal

IndianBanks' Association
World Trade Centre, 6th Floor
Centre 1 Building, World Trade Centre Complex,
Cuff Parade, Mumbai - 400 005

Dear Sir,

SUBJECT: RTI Act 2005 –Preservation of Records by Banks

I happened to perusefollowing paragraph on your website at

http://www.iba.org.in/rightinfo.asp

“8.Presentation of Records

Allthe public sector banks are advised to maintain records for 20 years asenvisaged under the Right to Information act. Such requirement would beeffective from the date the Right to Information Act has come into force, i.e. 15th June 2005. Such requirement will be applicable to all existingrecords not yet destroyed as also to the records created after the commencementof the Right to Information Act i.e. 15th June 2005.”

2. The above advice appearsto have been given to banks by IBA based on section 8.3 of RTI Act which readsas under:

“Subjectto the provisions of clauses (a), (c) and (i) of sub-section (1), anyinformation relating to any occurrence, event or matter which has taken place,occurred or happened twenty years before the date on which any request is madeunder section 6 shall be provided to any person making a request under thatsection:

Whereany question arises as to the date from which the said period of twenty yearshas to be computed, the decision of the Central Government shall be final,subject to the usual appeals provided for in this Act.”

3.In my humble opinion and that of other RTI activists, RTI does not have anybearing on Record Retention Policies and rules/schedules framed therein of public authorities includingbanks, formulated under Public Records Act 1993. Aforesaid section 8.3 only mandatesas under:

a.information falling under clauses other than a, c, and i of section 8.1 to bedisclosed if information is older than 20 years as on date of RTI application.

b.Information falling under clauses a, c, and i of section 8.1 not to bedisclosed even if it is older than 20 years as on date of RTI application.

Thisdoes not mean that public authority should maintain records for 20 years andmore. Supply of information depends upon availability of records as on date ofapplication.

4.You may refer CIC decision No. 37/ICPB/2006 dated 26-06-2006 which is available at http://cic.gov.in/CIC-Orders/Decision_26062006_5.pdf. I reproduce relevantparagraph for your ready reference:

“5.Further, the public authority has erred in interpreting Section 8(3) of the Actto state that since some of the information related to the period prior to 20years, the same need not be furnished. Section8(3) is part of Section 8, which deals with ‘exemption from disclosure ofinformation”. Section 8(1) specifiesclasses of information which are exempt from disclosure. What Section 8(3) stipulates is that, theexemption u/s 8(1) cannot be applied if the information sought related to aperiod prior to 20 years except those covered in Section clauses (a), (c) and (i)of sub-section 8(1). In other words,even if the information sought is exempt in terms of other sub-clauses ofsub-section (1) of Section 8, and if the same relates to a period 20 yearsprior to the date of application, then the same shall be provided. In the present case, since part of theinformation sought, even though related to a period prior to 20 years, relateto notifications, DGS&D is bound to furnish the same, if the same isavailable with it. It is also statedby the CPIO that the information sought relates to policy matters not dealtwith in the administration of the Directorate. What the appellant seeks is only copies of the notification and,therefore, the question of the same being related to policy matter does notarise. “ [emphasis added]

5.The date of commence of section 8.3 RTI Act is 12-10-2005 and not 15-06-2005. It is 120^th day from 15-06-2005.

6.I request you to review the issue in light of foregoing and revise advice tobanks if deemed fit. This will save cost of retention of old records tobanks.

Yoursfaithfully,

PER DECISION SALARY OF ICs OF CIC -- 2011

2012-01-24T13:20:00.002+05:30

http://www.box.com/s/ikemq3as2ngmrb3m41jp

PER DECISIONSALARY OF ICs OF CIC -- 2011

Name	Total No. of decisions in 2011	No. of decisions per month	Gross salary per month Rs. Jan 2011	ICs’ Salary per decision Rs.
CIC- SM	2458	205	87500	427
IC-AD	3977	331	172500	521
IC-SG	6223	519	145500	280
IC-MLS	2528	211	87500	415
IC-SS	2856	238	87500	368
IC-DS	3292	274	87500	319
Total	21334	1778	668000	376 average

Remarks:

1. Salary details are as per proactive disclosure by CIC onits website

2. IC- SG is mostcost effective, may be because he is not from govt background.

3. This is not cost per decision which may be much higherkeeping in view total non-capital expenditure of CIC. It was Rs. 6754 for the year 2007-08. Now it could be anywhere between Rs.8000-9000 per decision due to price rise.

4. I had conducted detailed study for 2007-08 for CIC andfew SICs and results are at: http://www.box.net/shared/ftj6fiajhm

24-01-2012

PRAYER BY RAVINDRANTH TAGORE

2012-01-23T00:43:00.000+05:30

List of Successful Decisions of Consumer Forums as of 20-01-2012 in RTI Cases

2012-01-22T13:47:00.002+05:30

List of Successful Decisions ofConsumer Forums as of 20-01-2012 in RTI Cases

Hon’ble District Consumer Dispute Redressal Forums as underhave ordered supply of information and compensation to applicants of RTI Act2005:

a. Decision dated 30.11.2011 of II Addl Bangalore inCC/1714/2011

b. Decision dated 19/05/2011 of Faridkot in CC/102/2011.
c. Decision dated 09/11/2011 of Ludhiana in CC/662/2011.
d. Decision dated 25/03/2011 of Tuticorinin CC/59/2010.
e. Decision dated 29/04/2011of Vizianagaramin CC/ 116/2010

f, Decision dated 08/09/2011 ofMohali in CC/249/2011

g. Decision dated 28.05.2009 of IInd Addl. Bangalore inCC/162/2009.

h. Decision dated 20/04/2010 of Mandi, H.P in CC/14/2009.
i. Decision dated 21/05/2009 of MumbaiSouth in SMF/MUM/301/2009.

j. Decision dated 24/05/2011 of Nizamabad in CC/41/2010

k. Decision dated 29/11/2011 of Pune in F/564/2010

l. Decision dated 07/01/2011 of Guntur inCC/204/2010

m. Decision dated 08/09/2011 of Mohali in CC/249/2011

n Decision dated 29/12/2011 of Salem in C.C. NO.54/2011

o. Decision dated 03/02/2011 of Tuticorinin CC/57/2010

p. Decision dated 24/08/2011 of Medak in CC/10/2011

q. Decision dated 02/12/2010 of Nagpur Addl in CCNo. 140/ 2010

[order in Marathi]

r Decisiondated 27/12/2010 of Vizianagaram in CC/ 118/2010

s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010

t. Decision dated 11/05/2011of Naupada in CC/ 08/2011

v, Decision dated 07/04/2011of Coimbatore in CC/399/2010

–com Rs.5000 + costRs.1000 [order is in Tamil ]

All orders can be accessed at http://164.100.72.12/ncdrcrep/

CONSUMER COMPLAINT FOR RTI

2012-01-21T12:48:00.002+05:30

COMPLAINT

BEFORE THE HON’BLE DISTRICT CONSUMERDISPUTES

REDRESSALFORUM AT _______________

In RE:Consumer Complaint [C.C.] No. ______ of ______[ for office use]

In the matterof:

[Mention your name andaddress]……………..................................Complainant

Versus

[Mention designation ofhead of office /organisation and his address]

………………….................Oppositeparty No. 1

SPIO/CPIO [Mention officeaddress of SPIO/CPIO]

........................................Opposite party No. 2

Compaintunder section 12 of The Consumer Protection Act 1986.

The complainant above named mostrespectfully showeth as under;

1. a. Thatthe Complainant is a [mention your occupation e.g. Professor at ____ College orManager of a private company or doctor having private practice etc]

b.That oppositeparty No. 1 is a [mention brief details of opposite party e.g.

Public SectorBank having Head Office at ______or is a department of Gujarat State Govt or University underKarnataka State law etc]

c. OppositeParty [OP] No. 2 is the SPIO/CPIO of OP No. 1

2. That brieffacts of complaint are as under:

2.1 That thecomplainant had filed an application dated _______ under section 6.1 of The Right to InformationAct 2005 [RTI Act for brevity], seeking certain information. It was received bythe opposite party on or about [date]_______. Filing fee of Rs. ___ was paidthrough prescribed stamps/postal order. Photocopies of RTI application, postalreceipt of mailing and acknowledgement are attached herewith.

2.2 That the SPIO/CPIOof the OP did not supply information nor replied within period of 30 days as mandatedu/s 7.1 of RTI Act till filing of this complaint.

2.2 That theSPIO/CPIO of the OP supplied incomplete / irrelevant / defective informationvide his letter No. ______ dated _____ [photocopy enclosed]. Following are thedefects in information supplied:

a.Information is supplied beyond period of 30 days mandated under RTI Act.

b. Inspectionof record is not permitted though requested in RTI application.

c. Query wisedeficiencies are attached herewith as per annexute to this complaint.

3. That thus there has been gross deficiency inservice and / or supply of defective information by the opposite party. [deleteinapplicable]

4. Complainant had served consumer notice dated______ on opposite parties. Photocopies of notice, proof of mailing and acknowledgementare attached herewith.

5. Thecomplainant is a consumer under Section 2(1) (o) of The Consumer Protection Act.Hon’bleNational Consumer Disputes Redressal Commission in revision petition No. 1975 [in appeal No. 244/04 relating tocomplaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] interaliadecided on 28-05-2009, thatapplicant under RTI Act is a consumer under The Consumer Protection Act 1986.[copy is enclosed]

6. That Hon’ble District Consumer Dispute Redressal Forums as under haveordered supply of information and compensation to applicants of RTI Act 2005:

a. Decision dated 30.11.2011 of II Addl Bangalore in CC/1714/2011,
b. Decision dated 19/05/2011 of Faridkot in CC/102/2011.
c. Decision dated 09/11/2011 of Ludhiana in CC/ 662/2011.
d. Decision dated 25/03/2011 of Tuticorin in CC/59/2010.
e. Decision dated 29/04/2011of Vizianagaram in CC/ 116/2010

f, Decision dated 08/09/2011 of Mohali in CC/249/2011

g. Decision dated 28.05.2009 of IInd Addl. Bangalore in CC/162/2009.
h. Decision dated 20/04/2010 of Mandi, H.P in CC/14/2009.
i. Decision dated 21/05/2009 of Mumbai South in SMF/MUM/301/2009.

j. Decision dated 24/05/2011 of Nizamabad in CC/41/2010

k. Decision dated 29/11/2011 of Pune in F/564/2010

l. Decision dated 07/01/2011 of Guntur in CC/204/2010

m. Decision dated 08/09/2011 of Mohali in CC/249/2011

n Decision dated 29/12/2011 of Salem in C.C. NO.54/2011

o. Decision dated 03/02/2011 of Tuticorin in CC/57/2010

p. Decision dated 24/08/2011 of Medak in CC/10/2011

q. Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010

r Decision dated 27/12/2010 of Vizianagaram in CC/ 118/2010

s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010

t. Decision dated11/05/2011of Naupada in CC/ 08/2011

7. That thiscomplaint is within the territorial jurisdiction of the Hon’ble Forum as theopposite parties have their offices atthe addresses mentioned aforesaid. Since the claim is valued at Rs. ________ itis within pecuniary jurisdiction of thisHon’ble Forum.

8. That causeof action arose on _______, when said RTI application remained unreplied aftercompletion of mandated time of 30 days.

OR on _______[date]when the complainant received defective information from SPIO/CPIO.

[deleteinapplicable]

and cause ofaction also arose when OPs failed to respond to consumer notice dated ______within time specified therein.

Thus thiscomplaint is filed within limitation period of 2 years.

8. Complainant has filed first appeal on ______ with Appellate Authorityof OP. Appellate authority has:

a. not replied to appeal till filing of this complaint

OR b. upheld reply of SPIO/CPIO

OR c. any other reason

[delete inapplicable]

9. Complainant has filed complaint / second appeal to State InformationCommission / Central Information Commission on ________ and the same is pendingas on date of filing of this complaint.

10. Complainant humbly submits that above commission will not look in tothis matter from the point of view of deficiency in service or breach ofconsumer rights under The Consumer Protection Act 1986 and hence there is nobar of duplication.

11. Thatcomplainant humbly prays for following relief and directions:

a. Theopposite party be directed to supply correct and complete information sought bythe complainant. Inspection be also ordered as per RTI Act.

b. The opposite party to pay Rs. 50000/- [ Rs.Fifty thousand only] to the complainantfor compensation for harassment, mental agony, delay, breach of consumer rights and expenses of Rs. 1000/- etc.

c. Any other relief that this Hon’ble Forum bepleased to grant to the complainant to meet ends of justice.

11. That for the purpose of fees, the complaint is valued at Rs. 51000/-andaccordingly postal order / bank pay order / demand draft No ________for Rs.100/-of ________Bank /post office is attached herewith.

12. That complainant also humbly invites kind attention of this Hon’bleForum to important judgement dated 05-11-1993 of Hon’ble Supreme Court of Indiain Lucknow Development Authority V/s. M.K. Gupta [1994AIR 787, 1994 SCC (1) 243, JT 1993 (6) 307, 1993 SCALE (4)370].

13. That complainant reserves the rights to add, amend and/or delete anygrounds in this complaint as and when necessary.

At ___________[ Place] _____day of _____ 20___

Complainant: ______________

Verification:

I, the complainant abovenamed, do hereby solemnly verify that the

contents of above complaint are true and correct to best of my knowledge

and belief, no part of itis false and nothing material has been concealed therein.

Verified this_____ day of _______ 20 __ at ________[place]

Complainant: ___________

Affidavit

I______________[full name] age ___ years resident of ______ do herebysolemnly affirm and declare that as Complainant I am thoroughly conversant withfacts and circumstances of the present case and I am competent to swear thisaffidavit. The facts contained in aforesaid complaint, contents of which arenot repeated herein for sake of brevity may be read as an integral part of thisaffidavit and are correct and true to best of my knowledge and belief.

This _____day of _______ 20 12 at _________

Complainant:___________

NOTARY

________________________________________________________________________

Onseparate paper:

D- list:

COMPLAINT

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM AT _______________

In RE: Consumer Complaint[C.C.] No. ______ of ______[ for office use]

In the matter of:

[Mention your full name andaddress]……………..................................Complainant

Versus

[Mention designation ofhead of office /organisation and his address]

…………………...........Oppositeparty No. 1

SPIO/CPIO [Mentiondesignation and office address of

SPIO/CPIO]........................................ Opposite party No. 2

Listof documents in support of complaint

[allphotocopies]

Particulars Page No. from-to

1. RTI application dated _______ 1 to ___

2. Postal acknowledgement of delivery.

3.Mailing postal proof

4.Annexure of query-wise defects

5. Notice under CPAct 1986 dated _______

6. Proof of mailing notice

7. Acknowlegement of delivery of notice

8. Reply dated _______ of SPIO/CPIO [if any]

9. Reply of first appeal [if any]

10. Copy of judgement dated 28-05-2009 of

hon’ble NCDRC in revisionpetition No. 1975

[in appealNo. 244/04 ]

Complainant

Shortguidelines:

1.Please type on ledger paper in double space after making necessary changes tosuit your case.

2.It has to be filed with Consumer Forum [Court] of the district where office ofopposite party or spio/cpio is situated.

3.Attach papers as per D list and serially number on right hand top in a circle.

4. Filingfee up to claim of Rs.100000/- [Rs. One lac only] is Rs.100/- payable by postalorder or bank pay order or demand draft in favour of “President, DistrictConsumer Disputes Redressal Forum, _______ [place]” payable at the place wherecomplaint is being filed.

5. Complainthas to be notarized.

6.Submit in original + 4 photocopies. Retain one set for your record.

7.Complaint has to be filed within 2 years of cause of action as stated in complaint.

8 Pleasevisit following websites for further guidance and addresses etc:

www.ncdrc.nic.in www.core.nic.in www.advantageconsumer.com

www.fcamin.nic.in http://164.100.72.12/ncdrcrep/

9. Non advocate friend who is well worsed in consumerand RTI can also represent or assist you at forum. You have to just give simpleauthority letter in his favour.

10. NCDRC decision dated 28-05-2009 mentioned at itemNo. 5 of complaint is posted at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

11. You can send completed set by post also or get itdelivered at Forum through friend or relatative residing at place of Forum.

12. You may change amount of claim but Rs.50000/-would be reasonable.

13. Please also visit:

Additional Remedy

http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html

Consumer Notice

http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html

All the best.

J. P. Shah Junagadh [Gujarat] 09924106490

What do you do after e-filing of second appeal or complaint with Central Information Commission?

2012-01-15T10:07:00.002+05:30

http://www.box.com/s/bflfyn4rx05xyacmslgx

What do you do after e-filing ofsecond appeal or complaint with Central Information Commission, New Delhi?

Large number of citizens who e-fileappeals/complaints at www.rti.india.gov.in are facing problem of getting it admitted atCIC. I append below steps to be initiated:

1. On e-filing second appeal orcomplaint at www.rti.india.gov.insave pdf copy of final appeal/complaint generated by system on your computerand print out two hard copies. Please do not confuse with provisional copygenerated by system. In case of provisional copy, number of appeal or complaintis prefixed with letter P.

2. Sign all pages of print out withdate. Retain one more hard copy on your file for future reference.

3. Mail signed copy of print outby speed post with a covering letter giving details of appeal/complaint No. etcto CIC at following address:

Dy. Registrar, Central Information Commission,

August Kranti Bhavan, Bhikaji Cama Place, New Delhi - 110 066.

Send copy of this covering letter [only]to CPIO and FAA by email or ordinary post [he may now perhaps submitinformation sought by you].

4. After 5-6 daystrack speed post at www.indiapost.gov.inand down load tracking results and note date of delivery at CIC on computer.

5. Again after 10 days visit www.cic.gov.in and open “status of appealsand complaints” icon. Mark diary option and fill in the details. It will showdiary No. with date [inward number and date of inward] of receipt of signedcopy of print-out. Note down diarynumber and date.

6. If you do not find diary number asabove, it means envelope is delivered by post office to CIC, but it is notopened or inwarded. In that case send email to concerned Dy. Registrar [refer noteA below on how to locate concerned Dy. Registrar who will process yourappeal/complaint] as under:

I have efiled appeal/complaint No.____________ on _____[date] and mailed signed copy of print out on ______ underspeed post No. ________, which has been delivered to CIC on _______ as pertracking system [copy enclosed]. Pleaseinform me diary number and admit appeal/complaint.

---Your name and address with mobilenumber.

7. Again after 5-6 days try to find outdiary number and date and note down the same.

8. One month after getting diarynumber, again visit www.cic.gov.in to locatestatus of the appeal/complaint. If it is admitted, it will show file numberwhich again note down in your records, with screen shot on the computer forfuture reference.

9. However, mostly it will show “signedcopy awaited” remarks. Now this time you address another letter [to be emailedand sent by speed post] to concerned Dy. Registrar giving reference of letterunder which you first sent signed copy as per point No. 3 supra, speed postnumber, date of delivery at CIC, diary number and date [if available] and againenclose freshly signed and dated extra photocopies by printing from yourcomputer data base, which you had down loaded after efiling as per point No. 1supra.

10. After 5-6 days track this second speed post article on www.indiapost.gov.in and down loadtracking results and note down date of delivery. Inform concerned Dy. Registrarby email that your letter dated ____, under which you attached second signedcopy is delivered to CIC on ________ and enclose tracking results to thisemail.

11 After 10 days locate diary number and date of your secondletter sent as per item No. 10 by repeating process as mentioned in point No.5. If you do not get diary number recheck again after 5 days and hopefully youwill get diary number.

12 Now send email to concerned Dy.Registrar as under:

I have efiled appeal/complaint No.____________ on _____[date] and mailed signed copy of print out on ______ underspeed post No. ________, which has been delivered to CIC on _______ as pertracking system. No diary number is available on website for this post. Pleaseenquire for missing post.

Since status of appeal/complaint wasshowing “signed copy awaited” as on ________, I again mailed second signed copy of print out on _______ perspeed post No. _________, which has been delivered to CIC on ______. Diary No.is ______ dated ______ as per your website status.

Please admit appeal/complaint since Ihave mailed signed copy twice as above and inform me file number.

---Your name and address with mobilenumber.

13. After another one month again trackat www.cic.gov.in to know status ofappeal/complaint and mostly file number would have been allotted. Now you haveto wait for 3 to 6 months for intimation about hearing. Even after receipt ofsigned copy of print out, it may take one month or more to admitappeal/complaint after scrutiny. Till that time status will show that it isunder process or scrutiny.

14. In case if you do not get filenumber or diary number till completing formalities up to point No. 13, file RTIapplication with CPIO of CIC giving entire details and seeking information asper following links in relation to your appeal/complaint number, letters forfirst and second signed copy of print out:

Long pending? :

http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

Central Govt. application:

http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

15. On receipt of RTI asabove your appeal or complaint will be admitted and you will be informed filenumber by email and as a reply to your RTI.

Note:

A] To locate whichinformation commissioner [IC] will decide your appeal/complaint, visit “workdistribution at CIC” icon on left hand side of www.cic.gov.in.Depending upon public authority you can locate name of IC. Full names can beascertained by clicking the photos on home page. IC [SM] means Shri SatyanandaMishra, IC [SG] means Shri Shailesh Gandhi, etc etc. He will decide yourappeal/complaint and his registry headed by Dy. Registrar will handle it. Afterlocating IC, open “Contact Us” link [ left hand last icon] and find out nameand email ID etc of Dy. Registrar [designatedofficer] attached to concerned IC for example Shri T K Mohapatra, Dy Registrar [with email tk.mohapatra@nic.in and phone No.26105027] is attached to IC Mrs. Deepak Sandhu.

If there is inordinatedelay in admitting appeal/complaint, you can send emails to IC who is to decideit. His/her email ID is available in his/her bio-data which can be accessed by clickinghis/her photo on home page of www.cic.gov.in

B] If you are not at acenter from where speed post can be booked in post office, you may mail byregistered post. Now registered articles can also be tracked at www.indiapost.gov.in or AD has to beused for date of delivery of envelope at CIC.

C. I invite kind perusal ofmy letter requesting CIC to do away with avoidable procedure of signed copy,which is causing undue delay and harassment to appellants / complainants. It isposted at http://www.box.com/s/shz9n5dxav6v9zs46bk6

D] Whole process is asunder:

e-file, download computergenerated printout, print out, mail by speed post to CIC, track delivery ofsigned copy of print out, ascertain diary number, ascertain status, representif no diary number or file number, wait for hearing and decision.

E] If you find aboveprocess cumbersome file in hard copy by visiting:

SECONDAPPEAL GUIDE [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/16-second-appeal-complaint-cic-guidelines.html

SECONDAPPEAL FORMAT [CENTRAL]:

http://www.rtiindia.org/forum/blogs/jps50/15-second-appeal-complaint-cic-format.html

HOWTO COMPLAIN U/S 18 [CENTRAL/STATE]

http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/complaint-under-rti-act-2005-24/

E-filing Appeals and Complaints at CIC–Signed Copy Procedure

2012-01-09T12:01:00.000+05:30

Date: 08-01-2012

To,

Chief InformationCommissioner

Central InformationCommission,

August Kranti Bhavan, Bhikaji Cama Place,

New Delhi - 110 066

Email: s.mishra@nic.in

Dear Sir,

Subject: E-filing Appeals and Complaints –Signed CopyProcedure

I extend my good wishes for new year 2012 to you andall staff at CIC and their families.

Whenever appeals or complaints are efiled at www.rti.india.gov.in, suchappeals/complaints are kept pending for want of signed copy. The status shows“Signed copy awaited”

02. In fact most of theappellants/complainants cannot decipher what above status means. No instructionflashes on website after submitting appeal/complaint, which guidesappellant/complainant that signed hard copy of print-out of downloaded appeal/complaint has to be sent to CIC. Thisdelays admission of appeal/complaints and also gives rise to avoidableconfusion.

03. It is experienced that even afterrepeated mailing of signed copies through registered or speed post,appeals/complaints are not admitted and status continues to show that signedcopy is awaited.

04. There is possibility of maneuveringby staff of CIC to delay or frustrate admission of appeals/complaints even whensigned copy is received by CIC.

05. Appellants/complainants arerequired to track delivery of speed post at www.indiapost.gov.in or await AD ofregistered post and then trace diary number at CIC website and then representagain to Dy. Registrar of concerned IC. This is time consuming, irritating evento educated and tech-savvy citizens. You can guess what would be happening tocommon citizen of this country.

06. I could not comprehend rationalein seeking signed copy. If it is for authenticity, then the present systemdoes not meet the requirement, since imposter can sign print-out and mail toCIC. CIC has no mechanism [nor it requires] to verify signatures on signedprint-outs.

07. I have my own reservations, as tonumber of signed print-out copies that are being really scrutinized byCIC staff.

08. Thus signed copy procedure doesnot serve any purpose but only creates delays, maneuvering by CIC staff,increases workload at CIC, causes inconvenience and increases cost toappellants/complainants for postal charges and auto or petrol charges forvisiting post offices. The very purpose of e-filing gets defeated by such a system.

09. Banks accept unsigned emailsfrom customers for non-monetary transactions and complaints etc. Directorateof Public Grievances and website of President of

India

do notrequire such signed copies when complaints are efiled. Most of central andstate Govt departments reply to emails without waiting or insisting for signedcopies. E-filing has sanction of law for evidences etc without signed hardcopies.

10. If at all CIC is so keen on authentication etc of appeals andcomplaints, it can provide that all papers created by appellants/complainants[e.g. RTI application, first appeal, second appeal or complaint etc] should besigned by him and scanned copy in pdf format should only be uploaded whileefiling. Thus CIC will have all the papers [including replies of CPIO and FAAetc] duly singed by concerned appellants/complainant and officers of publicauthority. This will not necessitate submission of signed copy of print-outsand hence appeals/complaints can be admitted without delay.

11. My humble suggestion is to do awaywith system of signed copy. This will improve service of CIC andappellants/complainants will be relived of unnecessary delay, cost andinconvenience of signed copy business. It will also reduce workload of CICstaff in receiving, opening, handling dak, distribution, reading [or sayscrutinizing] it and filing in the docket, storing, weeding out etc. This willsave environment, since less papers will be used.

Yours faithfully,

J. P. Shah

_______________________________________________________________

The basis of every lawor every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt.agencies take, is on the premise of greatest good of the greatest number ofpeople.

TRY SEC 80 OF CIVIL PROCEDURE CODE FOR RTI

2011-11-21T17:46:00.001+05:30

TRYSEC 80 OF CIVIL PROCEDURE CODE FOR RTI

Section 80 ofCivil Procedure Code 1908 states as under:

“80. Notice— [54][(1)][55][Save asotherwise provided in sub-section (2), no suits shall be instituted against theGovernment (including the Government of the State of Jammu & Kashmir) oragainst a public officer in respect of any act purporting to be done by suchofficer in his official capacity, until the expiration of two months next afternotice in writing has been delivered to, or left at the office of—

(a) in the case of a suit against the CentralGovernment, except where it relates to a railway, a Secretary to thatGovernment;

(b) in the case of a suit against the CentralGovernment where it relates to railway, the General Manager of that railway;

(bb) in the case of a suit against the Governmentof the State of Jammu and Kashmir the Chief Secretary to that Government or anyother officer authorised by that Government in this behalf;

(c) in the case of a suit against any other StateGovernment, a Secretary to that Government or the Collector of the district;

and, in the case of a public officer, delivered tohim or left at this office, stating the cause of action, the name, descriptionand place of residence of the plaintiff and the relief which he claims; and theplaint shall contain a statement that such notice has been so delivered orleft.”

Thus it is mandatory that such a notice should be issued toSecretary of Ministry or Department overseeing public authority from whom youhave failed to get proper information under RTI Act.

This notice can be used as an added avenue, especially becausesecond appeals and complaints to CIC/SICs are taking too long a period. Consumerforums and National/State Human Rights Commissions also take one to two yearsto decide. Reference to Secretary may sensitize him, head of public authorityand PIO/FAA to respond. I am attaching format of notice which can be used withchanges to suit your case.

_______________________________________________________________________

From:

Name:

Address:

Cell No.

Email ID

____________________________________________________________________

Date: __________

by Regd or speed ad post & email

To,

Secretary,

_________________Ministry[ for central govt.] OR

_________________ Department[ for state govt.]

______________________

DearSir,

Subject: NOTICE UNDER SEC 80 OFCivil Procedure Code 1908

I had sought certain information from PIO of publicauthority falling under your ministry / department; under The Right toInformation Act 2005 vide my RTI application dated __________ [copyenclosed with proof of mailing or receipt].

02. I have not received reply from PIO withinperiod mandated in RTI Act.

Since I did not get reply within stipulated time Ifiled first appeal dated ______. Copy of appeal is enclosed with proofof its mailing or receipt.

I have received reply vide letter No.__________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulatedtime limit under RTI Act

03. The foregoing amounts to breach ofmy rights under RTI Act. This also leads to violation of Fundamental Rights, HumanRights as defined by United Nations Declaration and Consumer Rights underConsumer Protection Act. This situation has given rise to cause of action forlegal action against head of concerned public authority, its PIO [and FirstAppellate Authority].

04. For your ready reference, I quotefrom judgement dated 02-08-2005 of Hon’ble Supreme Court of India in WritPetition (civil) 496 of 2002 -Salem Advocate Bar Association, Tamil Nadu v/s Unionof India, as under:

“Havingregard to the existing state of affairs, we direct all Governments, Central orState or other authorities concerned that whenever any notice is received bythem, they have to ensure that replies to notices are sent within the periodstipulated time. The replies shall be sent after due application of mind.Despite this, if the court finds that either the notice has not been replied toor the reply is evasive and vague and has been sent without proper applicationof mind, the court shall ordinarily award heavy costs against the Governmentand direct it to take appropriate action against the officer concernedincluding recovery of costs from him.”

“Every public authority shall appoint anofficer responsible to take appropriate action on a notice issued under S.80 ofthe Code of Civil Procedure. Every such officer shall take appropriate actionon receipt of such notice. If the Court finds that the concerned officer, onreceipt of the notice, failed to take necessary action or was negligent intaking the necessary steps, the Court shall hold such officer responsible andrecommend appropriate disciplinary action by the concerned authority.”

05. Before I proceed further, I requestyou to kindly supply or cause to be supplied complete, correct and relevant informationsought by me immediately and also order payment of an amount of Rs.50000/-[Rs.fifty thousand only], towards damages, compensation, cost, inconvenience,mental agony and tension and breach of my fundamental rights under article19.1.a of Constitution of India and human rights; latest within 60 days fromthe date of receipt of this notice by you.

06. If I do not receive satisfactory reply to my above mentioned querieswithin a specified time of two months from the date of receipt of this noticeby you, it will be construed by me as contempt of court and may be proceededagainst in a Court of Law.

07.In addition to above, I request youto please order departmental action under service rules against erring officersof concerned public authority for defiance of law, dereliction of duties andinfringement of aforesaid rights of a common Indian, under advice to me.

08. As Secretary of Ministry /Department, you should not tolerate such bluntant violation of laws passed byParliament, which will again amount to abetment of violation of laws of thecountry and rule of law on your part.

09. Please note that this notice is withoutprejudice to writ which I may file in Hon’ble High Court under article 226 ofthe Constitution for violation of my fundamental rights.

10. I also quote for your information:

a.In Lucknow Development Authority V/S M .K. Gupta the Apex Court heldthat when public servants by malafide, oppressive and capricious acts inperformance of official duty causes injustice harassment and agony to commonman, renders the State or its instrumentality liable to pay damages to theperson aggrieved. And the State or its instrumentality is duty bound to recoverthe amount of compensation so paid from the public servant concerned. (1994) 1SCC 24,

b. “If civilization is not to perish in this country as it has perished in some others too well knownto suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the damagedone by its officers to the petitioner's rights. It may have recourse against those officers."- Hon’ble Supreme Court in Rudul Sahv. State of Bihar (1983) 4SCC 141.

Yours faithfully,

[ __________]

Encls: as above

Copies by post and email [if any] to:

1. Head of PublicAuthority and his address

2. PIO and his address

3. First AppellateAuthority [ if first appeal is filed] & his address

Gujarat University- Proactive Disclosure

2011-11-20T11:42:00.001+05:30

Date: 20-11-2011 Bypost & email

The Vice Chancellor,

Gujarat University,

Navrangpura, Ahmedabad –380 009

registrar.gu53@gmail.com

Dear Sir,

Subject: ProactiveDisclosure under The Right to Information Act 2005.

While browsingwebsite of University http://www.gujaratuniversity.org.in/web/index.asp,I did not locate above disclosures, whichUniversity should have disseminated and placed in public domain by 06-02-2006 as per section 4.1.b of RTI Act 2005. I am sure this augustand oldest University of the State would have definitely complied withprovisions of law enacted by Central Govt.

I thereforerequest you to kindly inform me link on the website of above disclosure. Incase University has made such disclosures but has not preferred to upload onits website, please mail me soft or hard copies of such disclosures. I would behappy to know reasons if any, for not uploading and updating above disclosureson website of the University.

05. I humblyquote:

Whiletransparency reduces corruption, good governance goes beyond transparency inachieving openness. Openness means involving the stakeholders indecision-making process. Transparency is the right to information whileopenness is the right to participation.

-NarendrabhaiModi Hon’ble CM Gujarat at http://www.narendramodi.in/quotes

Yoursfaithfully,

J. P. Shah

Pendency at CIC & SICs

2011-11-18T12:18:00.001+05:30

Date:17-11-2011

DearRTIian,

Subject:Pendency at CIC & SICs

I am attaching statistics compiled by Shri C. J.Karira of Secunderabad. The data reveal that due to paucity of ICs, RTI isbeing consigned to death bed systematically, surreptitiously and corruptibly by Govts andother vested interests. Citizens are losing faith in RTI due to such alarmingback-log. PIOs and FAAs do not take RTI seriously any more. Efficientlyfunctioning CIC and SICs are sine quanon for effective RTI.

2. Govts at Centre and States are trying topuncture RTI by interalia not posting adequate number of ICs to effectivelymatch flow of second appeals/complaints. Those posted as ICs are taking thisassignment as time pass after retirement. No committed and capable ICs areposted by resorting to manipulation in appointment process. ICs are notprovided office and human infrastructure so that there is no efficientfunctioning at CIC/SICs.

3. In Gujarat, secondappeals/complaints filed in early 2008 are being heard now. Nearly 8000 appealsand complaints are pending. Recently new CIC and one IC are selected and willstart functioning hopefully shortly. At present there is only one IC withoutCIC at GIC. A senior citizens’ NGO has filed writ in Sept 2011 for appointmentof 6 ICs in GIC. It is pending. In late 2009 Shri Amit Jethwa [murdered on 20-10-2010] had filed PIL forappointment of 2 ICs and he succeeded in getting appointed two ICs in March2010 through High Court. I had given inputs and refined this PIL.

4. In my humble opinion, we should file a PIL inSupreme Court, as it affects fundamental rights of Indians all over country.Activists in or near Delhi can take up this matter.Others can provide finance and inputs. I am prepared to initially contributeRs.5000/- for this purpose. If we can get citizen centric advocate who will notcharge his fees in larger public interest, then cost of litigation will be lessthan Rs.10000/-. At the most with advocate fee etc I think cost of PIL will benot more than Rs.75000/-. It will not be possible for me to visit Delhi due to health problems.

5. Govts do not understand any language exceptlanguage of higher judiciary. Hence PIL in SC is the only effective way out.Recently as SC decided in PIL of All India Road Network Users Association, wewill be required to first issue notices to Central and all defaulting StateGovts before filing PIL. Hence let us start with first step of legal notices.

6. I hope my above submission will be taken intoconsideration by you, being one of those who care for RTI, rule of law and goodgovernance.

Yours sincerely,

J P Shah

Encl: 1

_________________________________________________________

Speaking on the eve of Indian Independence WinstonChurchill said "Power will go to the hands of rascals, rogues andfreebooters. All Indian leaders will be of low caliber and men of straw." TheIndians and Indian politicians have proved that the premonition of WinstonChurchill is true.

Suggestions on CITIZENS RIGHT TO GRIEVANCE REDRESS BILL 2011

2011-11-04T13:06:00.002+05:30

Date: 04-11-2011 Byemail

To,

Joint Secretary,

Dept of AdministrativeReforms and Public Grievances,

Ministry of Personnel,Public Grievances and Pension,

Govt of

India

, New Delhi

pk.jha@nic.in and satish@arpg.nic.in

Dear Sirs,

Suggestions on CITIZENS RIGHT TO GRIEVANCE REDRESS BILL 2011

I thank Govt. of

India

and your Ministryfor having invited suggestions from public on captioned bill. I humbly makefollowing suggestions:

01. Section 9.1.a stipulates time forredressal by Grievance Redress Officer [GRO] as 15 days while section 9.1.bstates it as one month. It needs to be reconciled.

02. In section 10 “under advice tocomplainant” words should be added at the end of section, so that complainanthimself may not file appeal with HOD. This will save him money and time.Complainant will be kept informed of status also.

03. Powers vested in Head of Department[HOD] under section 11.3.I.[a] can be misused by HOD by summoning [and may berepeatedly] the complainant also to his office, while complainant may or maynot desire or afford [money and time] to be personally present before HOD onhis complaint. HOD being part of same office or department, he will try tofavour GRO and other employees [as is happening in case of First Appeals underRTI]. Complainant will be put to unnecessary expenses, time and inconvenienceetc in respecting summons of HOD. I suggest that section 11.3.I.[a] may be madecompulsorily applicable only to govt. officers or employees connected toprocessing of complaint and issue raised therein. Personal attendance ofcomplainant before HOD should be made optional to complainant, as is the case inappeals under RTI Act. There could be written or audio or video options tocomplainant to present his say before HOD, if he so desires.

04. There appears to be confusion on jurisdictionof State and Central Commissions. From draft of the act, it appears that secondappeals against all public authorities [of central and state Govts] can bepreferred to State Commission. Thus second appeal against say a branch ofpublic sector bank in Gujarat will be decided by Gujarat State Commission, evenwhen this bank is a central govt public authority. However appeal againstdecision of State Commission will lie with Central Commission.

While in overview document[institutional structure] of this act, it appears that second appeals of publicauthorities of state govt will be heard by State Commission and second appealsof all central govt public authorities irrespective of their location will bedecided by Central Commission.

This needs clarity.

05. Section 14.b provides for 5commissioners in addition to Chief Commissioner of State Commission. I suggestthat this act should provide minimum number of commissioners [preferably 3]also. In case of RTI many States [including Gujarat] did notprovide adequate number of information commissioners which has paralyzed RTI inthese states with very high level of pendency. I also suggest that maximumnumber should be 10 in state commission. Keeping in view attitude of govtemployees, work culture, infrastructure, etc there will be huge rush ofappeals. HOD will be redundant and ineffective [waste of time and money forcitizens] in practice as is the case with first appellate authorities underRTI. HOD will never dare to go against his own office staff for various reasons[including sharing corrupt income and also because other staff knows aboutmisdeeds of HOD in most of offices].

06. Similarly in case of CentralCommission number of commissioners should be minimum 10 and maximum 15, if ithas to attend second appeals of central public authority and third appeals ofstate public authorities.

07. There is no time limit for disposalof appeals by commissions u/s 25.1 and 42.1. It should be 30 days from date ofreceipt by commission.

08. Penalty to be imposed has been leftto rules to be made by state and central govts. The amount has not beenquantified and hence some states may provide trivial penalties [say Re 1 perweek of delay] which will not be deterrent to employees. Hence minimum amountof penalty should be quantified in this act itself. It could be even some percentageof basic salary of erring employee. It should be deterrent enough foremployees.

09. There is no provision ofcompensation to the complainant who has been wronged. He will have to moveconsumer or other forum for this purpose. While employee will be penalized, theharassed citizen will not be compensated for waste of money, time and hardshipsustained by him. There should be provision of compensation with minimum amountper day of delay. RBI has in 2008 provided such compensation to customers incase of failed ATM transactions [amount debited in account, but no cashdispensed at ATM of bank] being Rs.100per day beyond 7 working days of filing complaint till amount is refunded tothe customer by bank. Circulars are at www.rbi.gov.in.

10. Act is silent on how complaint isto be filed. It should be provided on the lines of RTI Act [section 6]. Noformat should be stipulated, only minimum requirements should be insisted. Formatcould be recommendatory. Language of complaint should be English, Hindi andofficial State language. Reply from GRO or HOD and Commissions should be in thelanguage of complaint.

11. In sections 27 & 40 word“establish” should be replaced by ‘justify’.

12. Under section 46 [Reporting]following details should also be incorporated:

Amount of penalty imposed, amount ofpenalty recovered, number of employees on whom penalty is imposed and recoveredand amount of unrecovered penalty.

13. Under RTI there is no mechanism atState or Central Information Commissions or public authorities to track ifpenalties imposed on PIOs are actually recovered and credited to govt accounts.Huge amount of penalty is unrecovered from PIOs. In this proposed act, a systemshould be provided so that all penalties are recovered and credited to govtaccount and HOD should be made accountable for its compliance and in case ofnon-recovery from salary of erring employees, it should be recovered fromsalary of HOD]. Data on monthly basis as stated in paragraph 12 supra should bealso made available to public.

14. Challenging orders of HOD, State orCentral Commissions in High Court or Supreme Court by employees against penaltyor disciplinary action under proposed act should not be at govt [public] cost.The employee should bear cost himself personally. In RTI PIOs are challengingdecisions of information commissions at govt [public] cost, even when penaltyis imposed in their personal capacity. Thus public is harassed by public servantsat public cost with no accountability to public in a democratic setup. What apoor state of governance!!!

15. Section 51.2 is incomplete. Ruleswill have operational impact and hence these should have been mentioned beforeinviting public suggestions.

16. It should be ensured that notproviding on demand citizen charter of his office free of cost to citizens by GROor IFC or HOD will also attract penalty provisions of this proposed act.

17. Selection of commissioners andchief commissioners should be based on open advertisement, as recently followedby Govt for Information Commissioners for CIC. Search committee should takeinto consideration applications received in reply to advertisement or directlyfrom citizens, in addition to those whom the committee searches out.

18. There should be time limit of 3days for complaints lodged at IFC, for onward submission to GRO, otherwise suchcomplaints will be kept pending for days at IFC before forwarding to GRO. Delayat IFC should attract per day penalty to erring employee, like APIO under RTIAct 2005.

19. Success and real benefit to commonmen is totally dependent on contents of citizen charters adopted by publicauthority. It is the heart of this citizen-centric mechanism. There are noprovisions in proposed act as to maximum time limits to be decided whilepreparing citizen charter. Some Govt dept may for example provide 12 monthsfor ration card or passport or water connection or electric connection. Henceit should be stipulated that citizen charter for each public authority shouldbe approved [including annual revision] by a committee consisting of threeofficers who are third, fourth and fifth senior most in rank from top in publicauthority or ministry or department of state govt at capital. For example incase of bank, committee may consist of senior most general manager, Dy. GeneralManager and Asstt. General Manager at Head Office.

20. A common citizen is not aware ofcomplexity of govt structure and hence it should be mandated that any govt.office receiving complaint under this act should forward to appropriate GROwithin 3 days of its receipt under advice to complainant. Delay beyond 3 daysshould attract penalty per day of delay against head of that office.

21. Like RTI Central / Nodal Pointconcept [mandated by DoPT] should be replicated in this act itself. All officesof District Collector/Magistrate should be central or nodal point for receivingall complaints under the proposed act. Complaint should be forward toappropriate GRO within 3 days of receipt under advice to complainant. In thiscase also delay should attract penalty per day of delay.

22. It should be made mandatory tomention official mobile number [if any], email ID, landline phone and faxnumber [if any] and full address with PIN number [ it is must for speed post] ofeach officer who signs letters under this act. All govt officers should haveemail IDs [except at village level] connected to his designation and not inpersonal name.

23. It should be provided in proposedlaw that complainant can be represented at hearings at HOD, State or CentralCommissions by a duly authorized agent. This is necessary specially in case ofilliterate, semi-literate and others who do not know working of govt. officesor who want to present their version without traveling to place of hearing byauthorizing some other person to represent him at hearings.

24. State andCentral Commissions should have benches in other parts of state/country ormobile benches at least. Govt needs to go to the door of the citizens, ratherthan citizens roaming around govt. offices frequently.

25. Token filing fee of Rs.5/- belevied by way of court fee stamp or revenue stamp or postal stamp ornon-judicial stamp/franking for each complaint. Paying filing fee will makecomplainant a consumer under Consumer Protection Act 1986, so that he canapproach consumer forum if this mechanism under proposed act does not workproperly. Now RTI applicants are moving consumer forums for solving their RTIproblems after NCDRC on 28-05-2009 inRevision Petition Nr. 1975 of 2005 held that RTI applicant is a consumer underCPA, since he has paid fee.

26. There should be penalty provisionsfor HOD also [like GRO], otherwise like first appellate authorities under RTI,it will not be answerable or accountable to any law, except service rules forviolation of act of Parliament. This never works in any govt establishment.

NEW YEAR JOKE 2011

2011-10-27T18:08:00.002+05:30

PA to Anna: Annaji, you have received email fromDirty Trick Dept of Govt and Congress that both have agreed to pass ourJanlokpal bill without any change of coma or full stop. They have conveyedHappy New Year to Anna Team.

Anna:Really? I cannot believe it. This New Year appears to be good for commoncitizens.

PA:Only they want one zero in last clause. They say zero has no value.

Anna:Where they want to add zero?

PA:They want last clause to read:

Thisact will be effective from 26^th January 20120. That is all.

Anna:Hey Ram.

What an idea

THIRD PARTY INFORMATION DENIED UNDER RTI ?

2011-10-23T11:16:00.000+05:30

NOTE ON THIRD PARTY INFORMATION- REFUSAL BY PIO underRTI ACT

Whenever information relating to orsupplied by third party is sought under RTI Act, PIOs refuse stating thatinformation pertains to third party. Some PIOs issue notice to third party u/s11.1 and if third party does not permit, PIOs decline supply of informationstating that third party has not permitted or has objected to supply ofinformation. First appeal needs to be filed based on following points undersuch circumstances:

01. Third party should have treatedinformation as confidential while supplying the information. If it is nottreated as confidential by third party section 11 will not come into operation.

02. Even when party has treatedinformation as confidential, it has to be disclosed if larger public interestis involved outweighing in importance any possible harm to interest of thirdparty. [This is not applicable to information relating to trade or commercialsecrets protected by any law].

03. PIO does not require permission or NOCfrom third party. He has to give third party opportunity to be heard orally orin writing. He should then finally decide whether information should berevealed or not.

04. Even in case of third party, PIOhas to deny information only under sections 8 or 9 as provided in section 7.1.PIO is also required to justify how he came to conclusion that section 8 or 9is applicable for such denial. Similarly third party should have objected todisclosure only under section 8 or 9, justifying non-disclosure.

05. Information of third party which is already in public domain has to berevealed without complying with section 11.

06. Denial of information just becauseit relates to or is supplied by third party and /or treated as confidential bythird party, without assigning one or more reasons mentioned in sub-sections of8.1 or 9 is in gross violation of provisions and spirit of RTI Act.

07. Section 11 comes into play only ifPIO first intends to reveal information subject to hearing point of view ofthird party. If PIO does not want to reveal, section 11 does not come intoplay.

08. Applicant is entitled to have copyof say of third party or minutes of oral hearing by PIO based on which PIO hasdecided to deny disclosure. This will enable applicant to file first appeal.This is true of first appeal proceedings also.

09. PIO is also bound to decide whetherinformation supplied by third party can be treated as confidential by thirdparty. Third party has to justify why information supplied by it should betreated as confidential.

10. When information per se or ex faciecannot be regarded as confidential, then the procedure under section 11 is notto be followed.

11. As regards information relating to thirdparty which is not supplied by third party, but created by public authority,PIO should invoke section 11 only if third party would be justified in treatinginformation as confidential.

12. Any information which is older than20 years as on date of RTI application relating to any occurrence, event ormatter of a third party has to be disclosed by PIO, without reference to thirdparty.

Itis advisable to attach this note singed by applicant with RTI applicationseeking information of third party, so that PIO does not reply on flimsygrounds.

Compiled by:

J. P. Shah 9924106490 jpshah50@yahoo.co.in www.jps50.blogspot.com

23102011

Bank pays property tax after 12 years through RTI

2011-10-14T17:24:00.002+05:30

Recovery from Bank after 12 years through RTI

Myfriend’s son rented out his premises to a public sector bank in 1997 for 10years. One of the conditions in lease agreement was that bank will bearproperty tax of Municipal Corporation. He started submitting annual demandnotices of property tax to the bank with a request to pay the amount to Corporationfrom 1997. Bank did not pay. Hence from 2003 he started writing to the bankbranch and higher offices. He with his father frequently met senior officersof bank for payment. Bank did not payand maintained deafening silence. Bank vacated the premises in 2007 withoutpaying property tax.

Myhelp was sought for RTI intervention in Feb 2011. 4 RTI applications, one firstappeal and one consumer notice for RTI were filed. In the meanwhile, in July2011 Municipal Corporation started movement of sealing various premises forrecovery of taxes. Bank was also threatened that such delay of nearly 12years would be inferred as deemed corruption since delay is one of the maintools for corruption and that matter would be referred to Central VigilanceCommission. We had ample documentary evidence of dilatory tactics by bankofficers. Bank’s Asstt Gen Managerrequested him not to scale up the matter and requested to withdraw RTIapplications. He promised that taxes will be paid immediately on receipt ofsanction from Ahmedabd. Papers started moving from Junagadh to Vadodara toAhmedabad. We did not withdraw RTIs.

Ultimatelyin first week of Oct 2011 bank paid nearly Rs.270000/- [Rs. Two lakhsseventy thousand only] towards property tax with interest and penalties etc.RTI does work.

14102011

KNOW INDIAN POSTAL ORDER [IPO]

2011-10-14T13:16:00.002+05:30

Of late RTI applicants are using Indian postal order [IPO]for paying filing fee and other charges. I append below few rules which will beuseful to RTI users:

1. IPOs are available in denominations of Re. 0.50,1, Rs. 2, 5, 7, 10, 20, 50 and 100/-.

2. Commission per IPO is Re1 to Rs.3 depending upondenomination. For Rs.10 IPO commission is Re.1/-.

3. Value of IPO can be increased bymaximum Rs.3/- by affixing unused postal stamps not exceeding 4 on its face. Eachstamp should not exceed Re1. Hence, say if you want to pay Rs.12 [and postoffice does not have denominations below Rs.10, you can buy IPO of Rs.10 andaffix two postal stamps of Re.1 [ or 4 stamps of 50 paisa] each on its face.This way IPO will be for Rs.12. This facility of value addition is notapplicable to IPO of Rs.100/-.

4. IPO is valid for six months from thelast date of the month in which IPO is purchased from post office.

5. IPO older than 6 months as above canbe revalidated for next six months by paying prescribed commission for thatdenomination of IPO in the form of postal stamps to be affixed on the reverseof IPO.

6. IPO older than 12 months from lastday of the month of issue will be forfeited if presented for payment.

7. Purchaser can get refund of IPOwithin 6 months from last day of month of issue by surrendering original IPOand counterfoil. Purchaser can also get refund after expiry of 6 months fromlast day of month of issue but before 12 months from last day of month of issueof IPO provided he pays commission for renewal at prescribed rate by affixingstamps on the reverse of IPO to be refunded.

8. In case of loss of IPO, refund canbe claimed by submitting counterfoil to Superintendent of Post Offices underwhose jurisdiction issuing post office operates.However, refund of lost IPO will not be made before expiry of 16 months fromlast day of the month of issue of IPO. Claim for lost IPO should be made within12 months from last day of month of issue. If counterfoil is not available,then number, date and post office of issue should be mentioned in theapplication for refund.

HOW TO GET COPIES OF EVALUATED ANSWER SHEETS

2011-10-09T16:54:00.002+05:30

HOW TO INSPECT OR GET COPY OF EVALUATED EXAM ANSWER SHEETS THROUGH THE RIGHT TO INFORMATION ACT 2005

If you want to verify or get copies of evaluated answer sheet of board or university exam, please file RTI application with Public Information Officer [PIO] of concerned board/university.

1. Application should be made by father or mother or guardian of the student.

2. Please use format as prescribed under your State RTI rules or if not prescribed use annexed format. Do not omit reference to judgement of High Court of Calcutta in any format. Add it as a note.Gujarat, Maharashtra, Karnataka, have prescribed formats for RTI application, which are available at RTI link at www.jps50.blogspot.com

3. If you cannot locate format, please use annexed format.

4. Please make payment of application filing fee as per RTI rules of State to which the examining board or university belongs. CBSE, Delhi is a Central Govt entity and for it you should pay Rs.10/- by postal order in favour of ACCONTS OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION. It should be payable at Delhi.-For Maharashtra board or university affix court fee stamp of Rs.10/--For Karnataka enclose postal order of Rs.10/ payable to “State Public Information Officer” and make it payable at the place where application is being sent.-For Gujarat get non judicial stamp of Rs.20/- franked at authorized banks on the application. -For other States please visit www.rti.gov.in or visit RTI link at www.jps50.blogspot.com

5. Address of PIO is available at RTI link on the website of concerned board or university. If you cannot locate exact address of PIO just address envelope as under:To, Public Information Officer,Name of borad/university:_________________Name of city where it is situated:___________________

6. Please attach self attested photocopy of mark sheet to the application and mail it by speed post or registered ad.

7. If you do not get reply within 40 days of mailing this application or if reply is not satisfactory, please immediately file first appeal by visiting RTI link at www.jps50.blogspot.com____________________________________________________

Annexure:

THE RIGHT TO INFORMATION ACT 2005

APPLICATION FOR OBTAINING INFORMATION

Date: _______

To,
PUBLIC INFORMATION OFFICER ________________________________Board/universityAddress/city of board/university_________________

1. Name of the applicant: __________________

2. Full Address of applicant: ________________________________Mobile No.__________________________________

3. Particulars of information required: My son/daughter/ward [name of examinee] appeared for _______ exam of your board/university in the month of ______. Photocopy of mark sheet is attached for ready reference. Please permit me and my above son/daughter/ward to inspect his/her answer sheet/s as well as other relevant records and also provide me certified photocopies of his/her answer sheet/s pertaining to following subjects:A]________________ B] ________________ C] _______________

4. Details of payment of filing fees:Postal Order No. ___________for Rs.________ is enclosedOr Stamp of Rs. ______is affixed on this application at the top.

5. Please rush the information to me by speed/registered post. I am an Indian citizen. Please reply in English.

6. Note:
I am emphatically drawing your kind attention to: A] 49 page judgement of 2 judge bench of Hon’ble High Court of Calcutta in M.A.T. No. 275 of 2008 in University of Calcutta & ors. Vs. Pritam Rooj which is available at http://www.judis.nic.in/Kolkata/Judge_Result_Disp.asp.B] judgement dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C)C] Madras High Court judgement dated 13-09-2010 in R. Ramasamy v/s Dr. Ambedkar Law University in W.P.(MD)NO.4815 of 2008D] Judgment dated 09-08-2011 of Hon’ble Supreme Court in CIVIL APPEAL NO.6454 OF 2011 and other 7 writs.E] CIC decision No. CIC/SM/A/2011/000368/SG/13751Penalty dated 05-10-2011.

Signature of Applicant

Authority: I authorize and permit PIO, to supply information sought by my father/mother/guardian and also allow me and my father/mother/guardian to inspect relevant answer sheet/s and connected record as requested per this application. I waive notice under section 11 of RTI Act 2005. I am an Indian citizen.

Signature of examinee ___________________

How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

2011-10-06T14:30:00.000+05:30

How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“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” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I am of the opinion that State and National Human Rights Commission have jurisdiction to hear and decide on non-submission or defective submission of information under RTI Act 2005.
6. Division Bench comprising its chairman Justice S N Jha and Justice Rajendra Prasad of Bihar Human Rights Commission has reportedly issued notices in May 2010 to State Govt. in the matter of RTI rules of the State. This shows that this Commission considers that it has jurisdiction to hear and decide RTI matters.
[ refer http://www.newkerala.com/news/fullnews-103579.html and
http://www.rtiindia.org/forum/53376-bihar-human-rights-commission-issues-notice-nitish-government.html]
7. Central Govt. and all State Govts. will be under jurisdiction of National Human Rights Commission [ www.nhrc.nic.in ]. States will be under jurisdiction of State Human Rights Commission for information pertaining to that State only. Only one commission can be approached. It is advisable to approach National Commission.
8. Complaint with Human Rights Commission can be filed before or after first appeal, but in no case after filing second appeal or complaint to Central or State Information Commission.
9. Please peruse guidelines appended below format of complaint posted at

http://nhrc.nic.in/Documents/Compformat.pdf

10. Please forward with a covering letter addressed to the respective Commission. Addresses are at www.nhrc.nic.in

11. Complaint has to be filed within one year of date on which defective information is received or date when information was due as per RTI Act [if no information is received]

12. It is advisable to send hard copy by speed ad post and also email [if email ID is available]. National Commission email ID is covdnhrc@nic.in

_______________________________________________________________

COMPLAINT WITH STATE OR NATIONAL HUMAN RIGHTS COMMISSION

A. Complainant’s Details:

Full Name:

Postal Address:

District: ________ State: ________ PIN Code: _________

Mobile/Phone No with STD code:

Email ID:

Sex: Male / Female. Age: ___ years

Religion: __________ Caste: SC/ST/OBC/Gen/Disabled ________

B: Place of incident:

Name of your village/town/city ________ Dist _______ State ______

C. Victim’s Details: My self as per details in column A supra.

D. Brief summary of facts/allegations of human rights involved:

As per attached annexure

E. Whether complaint is against Members of Armed Forces/
Para-Military: NO

F. Whether similar complaint has been filed before any Court/
State Human Rights Commission: NO

G. Name, designation & address of the public servant against whom
Complaint is being made:

Mention name [if known], Designation and address of CPIO/PIO

H. Name, designation & address of the authority/officials to whom the public servant is answerable:

Mention name [if known], designation and address of First Appellate Authority.

I. Prayer/ Relief if any, sought

a] CPIO/PIO be ordered to provide correct, complete and relevant information sought by me immediately free of cost.

b] Necessary action be initiated against CPIO/PIO and First Appellate Authority for violation of my human rights.

c] A compensation of Rs.10000/- be ordered in my favour for breach of my human rights.

d] Any other relief Hon’ble Commission deems fit be ordered.

Signature of Complainant
Encls: Self attested copies of RTI application, proof of mailing RTI application, reply of CPIO/PIO [if received], first appeal [if filed], reply of first appeal [if received]

Annexure:

D. Brief summary of facts/allegations of human rights involved

I humbly state as under:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“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” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I humbly submit that this Hon’ble Commission has jurisdiction to admit, hear, decide and act on this complaint on non-submission or defective submission of information under RTI Act 2005.
6. I had submitted enclosed application dated ______ under Right to Information Act 2005 [RTI Act, for brevity] to CPIO/PIO, described at column G in complaint, seeking certain information. Proof of mailing /submission of RTI application is attached herewith. I have paid filing fee as per RTI rules.
7. CPIO/PIO has not provided requested information within time stipulated in RTI Act.
Or
CPIO/PIO has submitted information vide his letter No. __________ dated _______ [copy enclosed] which has following defects:
a]
b]
8. As provided in RTI Act, I filed attached appeal dated ________to appellate authority as detailed in column H of complaint. He has not decided my appeal within time stipulated under RTI Act OR he has concurred with decision CPIO/PIO and thus information is not supplied to me. [ Mention this para only if first appeal is filed].
9. CPIO/PIO & Appellate Authority [if applicable] has/have not provided information mandated under RTI Act and has/have thus violated my human rights.
Signature of Complainant
________________________________________________________________
Note: Please make necessary changes to suit individual case.

Compiled by:

J. P. Shah
09924106490
jpshah50@yahoo.co.in

EGGS IN VEGETARIAN RESTAURANTS ON RAILWAY PLATFORMS

2011-09-11T18:58:00.000+05:30

Date: 30-08-2011 by email & post

To,
General Manager,
Western Railways, Head Quarters
Churchgate, Mumbai 400020
Email: gm@wr.railnet.gov.in

Dear Sir,

Subject: Eggs and omlets at Vegetarian Dinning Hall

I happened to visit Vegetarian Dinning Hall on platform No. 3 of Bharuch [Gujarat] railway station on 30-11-2010 at about 7.45 pm for refreshment. I was shocked to see trays full of eggs in vegetarian dinning hall of railways. I being Jain enquired with the contractor/ Incharge as to how eggs are being stored in a vegetarian dinning hall. He informed me that he is permitted by railways to serve omelet and eggs in this vegetarian restaurant and pointed out to menu board which showed these items. I enquired from Dy. Station Superintendent on duty but none of the staff was aware of exact situation.

2 I filed RTI application with CPIO of Railway Board, New Delhi and I have been supplied papers and information by Addl DRM, Vadodara vide his letter No. G542/1/2011/62 dated 23-08-2011.

3. As per copy of agreement for refreshment room / restaurant dated 01-04-1991 with Shri Ismail M. Malek and Railway Administration the licensee [contractor] of Bharuch station is prohibited from serving or cooking or using eggs and products of eggs as per clause No. 21, which reads as under:

“21. The Licensee [s] shall not sell or bring on the premises tinned or otherwise, cooked or uncooked beef or any other part of the cow’s flesh, bacon, ham or pork.

The Licensee [s] shall not serve, cook or use fish, meat or eggs or their products in any form or shape in the Vegetarian Refreshment Room and shall also ensure that cooking vessels and other utensils in the Vegetarian Refreshment Room are not used for cooking or handling these articles. [This will apply to Vegetarian Refreshment Rooms only].”

3. Not only Dy Station Superintendent on duty was not aware of the position of storing, serving or selling eggs and its products in Vegetarian Refreshment Rooms, officers at Vadodara with whom Dy. SS talked on phone on 30-11-2010 and 01-12-2010 were not aware of exact rules regarding this issue. Hence I had to resort to RTI.

4. By a separate RTI application I am seeking copies of inspection reports if any carried by railways of such Restaurants to find out how such serious irregularity affecting religion of passengers could not be located and checked by inspecting officials.

5. There is every possibility that at other stations such Vegetarian Refreshment Rooms may be selling, storing, serving eggs and its preparationdsor such other non-vegetarian items.

6. I shall be shortly consulting advocates for filing a writ petition against railway administration on this issue for connivance or negligence on the part of railways to maintain sanctity of religion of passengers.

7. In case there is change in policy or rules [and CPIO may not be knowing it], at least prominent notice boards outside and inside such halls should be exhibited stating that eggs or its preparations are sold here, so that passengers may decide whether to consume other items in such halls or not. Right to know is a consumers right under Consumer Protection Act.

8. In the mean while I request you to kindly intervene in the matter and ensure that eggs and its preparations are not sold, served or stored in Vegetarian Dinning Halls at any of the stations of Railways, as prohibited in said agreement. I and my friends will be continuously visiting such halls to check compliance with rules of railways by licensees [contractors] on this score.

Thanking you,

Yours faithfully,

J. P Shah

Copy to
1. Chairman, Railway Board, Ministry of Railways, New Delhi 110 001
Email: crb@rb.railnet.gov.in

BANK BOWS TO RTI PUNCHES

2011-08-20T10:36:00.000+05:30

One of my friend’s friend was having problem with a bank for finance for his small scale industry. He was trying to get finance for last 10-12 months and bank officers were just harassing him in one or the other way and by misinterpretation of circulars and RBI guidelines etc. He had approached all offices from branch to regional office to zonal office and Chairman’s office and RBI, but did not get positive results.

He contacted me through my friend. I studied his file and concluded that bank officers are unnecessarily harassing him, may be for bribe or just to enjoy predicament of common man. In a period of 15 days we filed 5 RTI applications seeking detailed information on processing of his application and copies of circulars. One RTI was filed with RBI also. In next 15 days bank officers who used to insult him, avoid him and harass him in all possible ways invited him for a meeting at regional office which lasted for nearly 3 hours. They became positive and humble with RTI punches and in next 10 days bank completed all formalities with promptness and cooperation and put the finance at his disposal.

RTI works.

ANSWER SHEETS UNDER RTI- SUPREME COURT.

2011-08-12T10:38:00.000+05:30

Answer sheets of board/university/public service commissions/professional exams
can be obtained/inspected by students

IN THE SUPREME COURT OF INDIA
CIVIL APPELALTE JURISDICTION
CIVIL APPEAL NO.6454 OF 2011
[Arising out of SLP [C] No.7526/2009]
Central Board of Secondary Education & Anr. … Appellants
Vs.
Aditya Bandopadhyay & Ors. … Respondents

Date of judgement 09-08-2011

Full judgement at:
http://www.judis.nic.in/supremecourt/helddis3.aspx

CA No. 6456 of 2011 [@ SLP (C) No.9755 of 2009 - WEST BENGAL BOARD OF SEC.EDUN.& ORS Vs. CHIEF INFOR.COMMR.W.B.INFORMN.COMMN.&ORS ]

CA Nos.6457-6458 of 2011 (@ SLP (C) Nos.11162-11163 of 2009: W.BENGAL BOARD OF SEC.EDUCATION & ORS. XVI Vs. STATE CHIEF INF.COMMR. WEST BENGAL&ORS. )

CA No.6461 of 2011 (@ SLP (C) No.11670 of 2009- UNIVERSITY OF CALCUTTA & ORS. Vs. PRITAM ROOJ & ANR.

CA Nos.6462 of 2011 (@ SLP (C) No.13673 of 2009: WEST BENGAL COUNL.OF HIG.SEC.EDU.& ANR. Vs. PRITAM ROOJ & ORS)

CA Nos.6464 of 2011 (@ SLP (C) No.17409 of 2009: CHAIRMAN,W.B. CENT.SCHOOL SERV.COMMN Vs. PRITAM ROOJ & ORS.

CA Nos. 6459 of 2011 (@ SLP (C) No.9776 of 2010 : INST.OF CHARTERED ACCOUNTANTS OF INDIA )

CA Nos.6465-6468 of 2011 (@ SLP (C) Nos.30858-30861 of 2009: ASSAM PUBLIC SERVICE COMMISSION & ORS. Vs. HAMEN BHARALI & ORS)

Source:
http://causelists.nic.in/scnew/otues/sl.html

Thus it covers exams conducted by CBSE, STATE BOARDS, UNIVERSITIES, PROFESSIONAL BODIES, PUBLIC SERVICE COMMISSIONS. It is doubtful if it can be applied to departmental promotion exams, though ratio can be reasonably extended to such exams/tests.

NO REPLY TO YOUR RTI APPLICATION ?

2011-08-04T17:58:00.000+05:30

NO REPLY TO YOUR RTI APPLICATION?

You have following options:

1. File first appeal for no reply by referring:

First Appeal for no reply to RTI application:
http://www.rtiindia.org/forum/blogs/jps50/1877-first-appeal-non-reply-rti-application.html

2. Resort to Consumer Protection Act 1986 by referring:

Additional Remedy
http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html

Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html

3. File another RTI application by referring:

Pending? :
http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

File this RTI application with CPIO of highest office of public authority i.e. Head Office, Ministry or Concerned Dept at State Capital.

4. File complaint with State or National Human Rights Commission:

As per news reports, few years back, Bihar Human Rights Commission had admitted complaint against breach of right to information. Fate is not known but it can also be tried out. Dr. Rao of Mysore opened up RTI to Consumer Protection Mechnism. Similarly new avenue can be opened up under Human Rights for RTI. I quote:

Access to government information is a human right, according to a commentary issued in July, 2011 by the United Nations' Human Rights Committee. The comment is the most comprehensive statement to date embracing freedom of information as integral to human rights under international law.

Above steps can be initiated at any stage of RTI process.

A Puncturing Joke on Jokepal Bill

2011-07-31T12:34:00.001+05:30

Sibbal to Anna: Annaji, Govt has accepted your entire draft word-by-word. Only minor rider is necessary.

Anna to Sibbal; Oh I am happy, by the way what is the rider? Sibbalji.

Sibbal to Anna; Govt and politicians and babus want last section of bill to read as under:

“If complainant cannot 100% prove charges within one year, he and his entire family will have to undergo rigorous imprisonment for their remaining lives in jail in Pakistan [or alternatively Andamans] and their property will stand confiscated to anti-corruption corpus of Govt.”

Anna: Hey Ram!

SUCCESS STORY-WIDOW GETS Rs5.29 LAKHS AFTER 13 YEARS

2011-06-16T08:57:00.002+05:30

01-06-2011
A widow and midday meal worker of Junagadh and her husband had invested in 4 term deposits with erstwhile State Bank of Saurashtra, [now merged with State Bank of India] Darbarbadh Branch, Bhavnagar Gujarat in 1996. In 1998 amount was defrauded when she and her husband were in Africa. Bank filed FIR and refused to pay back amount. This was totally against RBI directives on frauds, where in it is provided that customer should not suffer for fraud, if he is not a party to fraud. Her husband expired in 2003. Fraud was perpetrated due to negligence or connivance of officers of the bank.

She was introduced to me by my friend who works for consumer protection. Under my guidance she filed first RTI application on 26-03-2008. It took 26 letters, 9 RTI applications, 7 RTI first appeals, One second appeal and one complaint to Central Information Commission, New Delhi to get back this amount. All officers right from Branch Manager, Asstt. Gen Manager Bhavnagar, General Manager LHO Ahmedabad, Chief General Manager LHO, Ahmedabad, Bank Chairman at H.O. Mumbai, Directorate of Public Grievances Govt. of India, New Delhi, Governor RBI Mumbai, Ministry of Finance and Ministry of Law & Justice were repeatedly hammered to get back this amount, without moving courts/consumer forums [as case was time barred]. It took me 1162 days to help her get back amount Rs.5.29 lakhs with interest for 13 years, after extensive follow up and RTI interventions.

I could dig out bank’s internal papers through RTI and could force country’s biggest and most adamant bank to repay the amount, based on their own papers and circulars. The lady had hardly any details of deposits, except name of bank branch and probable period of deposit. All other details were sucked through RTI.

RTI does work.

FIRST APPEAL IF NO REPLY IS RECEIVED IN STIPULATED TIME LIMIT

2011-06-02T15:57:00.001+05:30

If no reply is received within 40 days of mailing RTI application[ including postal time of 10 days], first appeal needs to be filed within 30 days from the date reply should have been received.

I append below format for ready use. It can also be emailed followed by hard copy by ordinary post or else it has to be mailed by registered AD /speed post. If ACPIO is available nearby, it can be delivered to him against his acknowledgement. In case if designation of appellate authority is not known you can address to ‘APPELLATE AUTHORITY UNDER RTI ACT’ and mail at the address where you had mailed RTI application. For appeal for information of any central govt. office, this appeal can be delivered to Post Master of any Head Post Office, who is designated as ACPIO for all central govt. public authorities [offices].

No fee need be paid for central govt. information. However, some State Govts. [like Maharashtra and Orissa -Rs.20 by affixing court fee stamp] have prescribed fee for first appeal which needs to be paid as per RTI rules applicable to that State. Gujarat, Karnataka, Kerala, WB, Rajasthan, Tamil Nadu, Delhi, UP, AP, Goa have not prescribed fee for first appeal. Details of state-wise rules are available at www.rti.gov.in or at
http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/.

F O R M A T
_______________________________________________________________

From:
Address:
Phone/Cell No.:

________________________________________________________________

Date: _________ By post and email

To,
__________ {Designation of FAA under RTI Act},

Name of public authority/office ____________

Address: ______________________________

Dear Sir,

Subject: First Appeal under RTI Act 2005

I had submitted enclosed RTI application dated ______ by registered /speed post / in person. I have not received reply from C/PIO within stipulated time, despite lapse of stipulated time limit under the act. Thus RTI Act 2005 is violated by C/PIO.

I humbly file this appeal for your kind decision any pray as under:

1. Please provide or order supply of information sought by me.

2. Please initiate disciplinary action under service rules against Asstt C/PIO or C/PIO or deemed C/PIO for violation of law passed by Parliament.

I quote following decisions in your own interest:

No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010
No. CIC/AT/A/2010/000451 dated, the 18-11- 2010 [SBI]
No. CIC/DS/A/2011/000220 dated 12-05-2011
and office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT, Govt of India, New Delhi.

Yours faithfully,

______________

Encls: Self attested RTI application with its enclosures.

________________________________________________________________

The principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi judicial proceeding if such a proceeding has to inspire confidence in the mind of those who are subject to it.
--SUPREME COURT OF INDIA in CIVIL APPEAL NO. OF 2010 (Arising out of Special Leave Petition (C) No.27615/08) ORYX Fisheries Private Limited ...Appellant(s)
- V/sUnion of India and others DELIVERED ON 29-10-2010

Non-compliance of orders of First Appellate Authority by C/PIO

2011-05-31T09:42:00.000+05:30

At times C/PIO does not release information, even when first appellate authority decides and orders supply of information. Applicant should file second appeal/complaint to CIC/SIC. Additionally Applicant can invoke Consumer Protection Act 1986 and also section 80 of CPC. These are time consuming recourse. I suggest that a letter as per following draft should be tried first. Threat of departmental action against C/PIO may sensitize him for supply of information.

============================================================

From:
Address:
Cell No.

Date: ________ By regd ad post and email

To, [mention name if know to you]
____________ [Designation] &
First Appellate Authority under RTI Act
Name of public authority ____________
Address: _____________________
Email ID [if any]

Dear Sir,

Subject: First Appeal dated _______--Non compliance by C/PIO

I thank you for your decision No. ________ dated ______[copy enclosed] on my captioned appeal relating to my RTI application dated _______, ordering release of information by C/PIO.

2. I regret to inform you that concerned C/PIO [mention name if you know it] has not yet complied with your orders and continue to evade supply of information. This act of omission and commission by C/PIO amounts to gross misconduct under service rules of your organization, in addition to transgression of duties enjoined on CPIO under RTI Act 2005. It also violates my rights as consumer under The Consumer Protection Act 1986.

3. I therefore humbly request you to kindly:

a. Use your authority to ensure that your lawful and reasonable orders are sincerely and faithfully obeyed by C/PIO.

b. Initiate or recommend departmental / disciplinary action against C/PIO for flouting your orders as senior officer to C/PIO.

c. Ensure that requested information is supplied by C/PIO immediately.

4. I am sure C/PIO and you will not compel me to invoke The Consumer Protection Act 1986. I may add that I am a consumer under this act as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005. Dist. Consumer Fora at Nagpur, Vijaynagaram and Coimbatore have ordered release of information and compensation to RTI applicants under said act. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest two senior officers of State Govt. [one of director rank].

Yours faithfully,
_________________

Encl: 1
Copies to:

1. CPIO,

2. Head of public authority– for necessary administrative action please.

Lokpal Bill-Suggestion

2011-04-25T09:52:00.001+05:30

Suggestion for Jan Lokpal Bill Date: 25-04-2011

Existing rule that anonymous complaints should not be entertained by CVC/SVC/Lokayukta/other govt. offices is one of the biggest facilitator of corruption and misdeeds in govt. offices. This clause guarantees safety to wrong doers, at the cost of life of whistle blowers who state their true name and address in complaints. It would be interesting to find out how name and address of complainant will make any difference to gravity and veracity of contents of complaint. There is no justification on the part of govt. to risk life of whistle blowers by knowing their names and addresses. Govt. should be more concerned about contents of complaint.

If anonymous complaints are also being looked into by Govt., it will act as a deterrent to corrupt officers/politicians and other wrong doers, to some extent. Public has wealth of information which can be developed to contain corruption. Common man has first hand experience of corruption in govt. offices. However they do not want to share at the cost of harassment or life from politicians and high ranking officers of govt.

If there is some substance indicative of corruption or wrong doings, a full fledged investigation may be ordered. Normally citizens will try to anonymously supply more proofs to substantiate complaint. He would be tracking progress of investigation through his channels in office. Resources which will be used for ensuring safety of whistle blowers, can be better utilized for preliminary enquiries of anonymous complaints. This system will encourage more whistle blowers to ‘shout’ silently, for containing corruption and wrongs in governance. He will himself guarantee his safety through anonymity of his identity, while helping the country in exposing misdeeds of govt. offices.

I therefore suggest that proposed bill should provide for inquiry of anonymous complaints by Lokpal, provided reasonable information is available in the complaint pointing towards corruption.

Details of Recruitment through RTI Act 2005

2011-04-24T15:35:00.000+05:30

Of late, large number of youths are facing problem of accessing marks, answer sheets and details of recruitment etc from Govt. Depts/organizations/undertakings. I append below RTI application and guidelines for accessing all relevant information of recruitment through RTI Act 2005.

These guidelines and format are for recruitments by all departments, undertakings and organizations of Central Govt. [including Delhi Govt. and Union Territories]

In case of recruitment by State Govt. departments, state undertakings or organizations, you will have to follow RTI Rules of concerned State for format and fee payment. These details are available at www.rti.gov.in or http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/. You may retain “Particulars of information required” as stated in this RTI application format as stated at column No. 3, in application for State Govt. recruitment. In case of State Govt. please address application to “State Public Information Officer” instead of “Central Public Information Officer”[CPIO].

In case if any State Govt. has not prescribed format for RTI application, you may use annexed format meant for Central Govt. with changes as above. In this case also follow fee payment rules as stated in RTI rules of that State and accordingly amend column No. 4. If stamps are affixed as prescribed in State rules, amend column as “ I have affixed on top of this application relevant stamp for Rs. ___”

You may also visit: http://www.rtiindia.org/forum/blogs/jps50/331-how-apply-if-format-not-prescribed-state-rti-rules.html

Details of payment of RTI application filing fee of few states are as under:

Gujarat: Rs.20 by affixing court fee stamps or non-judicial stamp paper [including franking at selected banks].

Maharashtra, West Bengal : Rs. 10 by affixing court fee stamp.

Karnataka, Kerala : Rs.10/- by postal order in favour of “State Public Information Officer” payable at the place where application is being sent.

Tamil Nadu: Rs.10/- by non-judicial court fee stamp.

Rajasthan & U. P.: Rs.10/- by postal order [refer-point no. 3 of short guidelines.

Short guidelines:

1. Locate exact CPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

2. If you cannot get it as above, address application to CPIO of Head Office/ministry to whom the information may pertain. He will mail to correct CPIO within five days of receipt of your application.

3. Attach crossed postal order of Rs.10/-. It is available in post offices. Mention your name and address in it and leave other items blank

4. Attach self-attested photocopies of hall ticket for written test and call letter for interview [if you attended interview].

5. Retain photocopy of entire set including postal order etc.

6. Mail by speed/regd. AD post. Avoid courier/hand delivery.

7. Carefully retain postal proof of mailing, AD and official acknowledgement if any received.

8. If you do not receive reply within 40 days of mailing by you, file first appeal. You have 30 days time from the date when information should have reached you, for first appeal. For first appeal please refer RTI link of
http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-write-first-appeal-under-rti-2/

9. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal as above.

10. It is advisable to consult local RTI NGO/activists for first and second appeals for better results. Consultation is normally free as a social service.

All the best.

Format for RTI Application for Central Govt Recruitment:

THE RIGHT TO INFORMATION ACT 2005

APPLICATION FOR OBTAINING INFORMATION __________________________________________________________

Date: _______ By Regd Ad post

To,
Central Public Information Officer
Name of recruiting dept/organization________________
Address: _____________
_______________________

1. Name of the Applicant: ____________

2. Full Address: _____________

Mobile No: ___________________

3. Particulars of information required:

I had appeared in written test for recruitment for the post of ______ conducted in the month of _______, as per enclosed photocopy of hall ticket dated __________ . My roll No. was ________.

And/Or

I appeared for interview at ________ place on _______ as per enclosed copy of call letter dated _________@

In this connection please provide me following papers and information:

3.1 Paper-wise marks obtained by me in written test.

3.2 Certified copies of evaluated answer sheets.

3.3 Cut of marks in written test up to which candidates were called for interview.

3.4 Details of marks obtained in interview by me.@

3.5 Cut off total marks [written test + interview] obtained by the last candidate who is declared successful.@

3.6 Certified copy of merit list prepared for appointment.

3.7 Serial number in merit list up to which candidates have been actually appointed.

3.8 Number of candidates who have joined as on date of this application.

3.9 Certified extract from service rules which provide for action and punishment to your employees for defying rules and laws enacted by Parliament/State assembly.

[@delete if not called for interview ]

4. Payment of filing fee:

Postal Order No. _____________for Rs.10/- is enclosed. Since I could not locate exact name of payee etc I am enclosing blank postal order with a request to fill in the details u/s 5.3 of RTI Act 2005.

5. Please rush the information to me by speed/registered post. I am an Indian citizen. Please reply in English.

6. Please refer relevant decisions No. CIC/SM/A/2009/001877AT dated 18-11-2010 [against SBI], No. CIC/SM/A/2009/001342 dated 30-06-2010, CIC/SM/A/2010/000903 dated 08-04-2011 and No. CIC/AD/C/2010/001216 dated 27-01-2011 of Central Information Commission New Delhi. Please also refer judgement dated 30-08-2010 of Hon’ble HIGH COURT OF KERALA AT ERNAKULAM in WP(C).No. 6532 of 2006(C).

Signature of Applicant: _____________

Encl: a/a

SUGGESTIONS ON PROPOSED AMENDMENT TO CENTRAL RTI RULES

2010-12-16T10:13:00.001+05:30

Date: 15-12-2010 by email

To,
Shri R.K. Girdhar
Under Secretary [RTI]
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel Training
Government of India
North Block, New Delhi-110001
Email ID usrti-dopt@nic.in

Dear Sir,

Subject: Amendment to Central Govt. RTI Rules.

This bears reference to OM Nr. 113512008-IR dated 10-12-2010. I thank you for inviting suggestion from stake holders on proposed amendment to Central Govt. RTI Rules.

It appears to me that Central Govt. is trying to puncture RTI Act through procedural hurdles and complications in RTI rules, as some state govts have done by clandestinely weakening SICs. While I object to proposed changes, I humbly append below my suggestions for kind consideration, if at all Govt. is bent upon to amend the rules:

01. Ceiling of 250 words should be limited to “Particulars of Information required” part of application [as provided in Karnataka RTI Rules as amended on 17-03-2008 for 150 words], because applicant is at times required to mention back ground or references so that it is easy for CPIO to locate information. In addition applicant has to mention date, details of payment of application fee and enclosures etc. He has to declare citizenship and also mode of mailing information to him by CPIO. He has also to mention that this application is under RTI Act 2005.

02. It is also suggested that if limit of 250 words exceeds, CPIO should reply queries up to first 250 words rather than rejecting application for this reason.

03. I suggest that if application seeks information on more than one subject, CPIO should reply for first subject mentioned instead of rejecting application for multi-subjects. There could be dispute about whether subject matter is one or more between CPIO and applicant.

04. Gujarat Govt. has provided for payment of application fee by revenue stamps [in addition to court fee stamps, non-judicial stamps, IPO etc] vide its notification dated 22-03-2010. I suggest that revenue stamps should be made one of the modes for payment of application fee in central rules. This will solve problem of name of payee of DD or IPO etc also.

05. You have suggested format for first appeal in rule 7. However it should also be provided that “for the purpose of removing any doubt it is hereby clarified that the 'forms', as prescribed under these rules, need not be in authorized pre-printed stationery, but any format neatly typed, handwritten or in electronic form which covers essential details described in the form shall be valid.” as stated in aforesaid Gujarat RTI rules of 22-03-2010.

06. Rule 5f [postal charges] should be deleted, since it will create large number of operational problems for public authorities and RTI users and will prove expensive for both as even for petty amount, CPIO will require payment. A speed post or registered envelope requires minimum Rs.25/- and hence if reply is required by speed or registered post, for each application, applicant will be required to pay Rs.15/- for which he will incur Rs.25/- on postage plus bank charges. In addition CPIO will expend Rs.25/- to intimate additional postal charges. This will amount to penny wise, pound foolish. It will also delay supply of information.

07. Rule 5g [Machine Hiring Charges] should be deleted, as this rule will also open Pandora box and CPIOs and applicants will be busy in sorting out exact amount, wasting good public money on trivial issues. It is difficult to calculate hiring charges. This can be misused by CPIO to dodge information or over burden applicants. The rule is patently absurd and anti-citizen aimed at complicating the matter.

08. There is need to fix time limit on CIC to decide appeals and complaints. It could be ideally 90 or 120 days. Delay beyond this period should entitle appellant compensation of Rs.50/- per day. This will be a step towards concept of Govt. Service Guarantee Act as introduced by Delhi and M.P States and is being actively considered by Bihar Govt.

09. In rule 8 and 10 self attested copies of documents should be prescribed instead of ‘duly authenticated and verified’. FAA and CIC can always get authenticated copies from CPIO during hearing.

10. Rule 5 [a] it should be A-4 size instead of A-3. Normally A-4 size is used.

11. A limit of 50 free pages for BPL applicants should be prescribed under rule 5. More than 50 pages should attract normal charges prescribed in rule 5. There are reports that provision of free supply of information to BPL applicants is being misused.

12. Money order in favour of CPIO should be approved as mode of payment for other charges and application fee under rule 6, since demand drafts for exact amount of other charges are costly. At times IPOs are not available for exact amount of charges.

13. Words ‘Central Public Information Officer’ should be included in rule 6 [a], otherwise CPIO may not accept cash. All public authorities do not have ACPIO in all their offices.

14. ‘Banker’s Cheque’ word in rule 6[b] is causing confusion and applicants are sending their own cheques drawn on banks. It should be replaced with “ pay order, local cheque issued by banks”

15. It should be made mandatory for first appellate authority to inform to appellant along with his decision, reasons for delaying decision by extra 15 days beyond 30 days, which he is presently required to record in writing as per section 19.6 of RTI Act.

16. In rules 14 [1] period should be 15 days, as 7 days are too short to prepare and travel.

17. It should be also provided that CPIO may waive application fee in his discretion, since recovery of application fee of Rs.10/- will require more than Rs.100/- by way of postal charges, man hours and cost of stationery. DoPT has reportedly advised recently on this score to all public authorities.

18. It should also be provided in rule 5 that fees for providing information [other charges] exceeding Rs.50/- should only be recovered from applicant. Usually Govt. expends Rs.100/- by way of postal charges, man hours and stationery for obtaining petty amount of say Rs.10 or Rs.20 or Rs.50. In addition applicant incurs another Rs.50/- for paying small amount towards postal charges, bank commission, visits to post office and banks etc. This process also causes delay in supply of information. This is more than justified when Govt. is wasting huge sums of good public money in scams, frauds, committees, and huge avoidable wasteful expenses. Let Govt. waive petty amount for benefit of common men and his fundamental rights Govt. will in turn save double the amount used for recovery of small charges. Some banks and few Gujarat offices follow this practice of not insisting for petty amount for supply of information.

19. Audio/video recording of proceedings at FAA and CIC should be permitted at appellant’s cost and request.

20. To avoid filing of writs in High Court against decisions of CIC and to avoid congestion in courts as per National Litigation Policy of Govt. of India, there should be provision of review of decisions of single Information Commissioner by larger or full bench of CIC.

I quote: The State is not only under an obligation to respect rights of the citizen, but is equally under an obligation to ensure conditions under which rights can be meaningfully and effectively enjoyed by one and all.

Yours faithfully,
J. P. Shah

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

2010-12-10T13:22:00.000+05:30

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 Court of Kerala at Ernakulam in WP(C).No. 6532 of 2006(C) Treesa Irish Vs CPIO Dept of Post, Govt. of India and others dated 30-08-2010 [27 pages]
...

iii] Public Service Com Exam: In CWJC NO. 160665 of 2008 (Bihar Public Service Commission Vs. State Information Commission and others) decided on 11.12.2008, the High Court of Judicature at Patna upheld the order passed by the State Information Commission directing supply of photocopy of the answer books of two papers to the information seeker, of an examination conducted by Bihar Public Service Commission. The Hon’ble High Court directed that, “…..the BPSC shall supply a certified copy of the answer books demanded by the petitioner, as undertaken by the learned Advocate General on its behalf, within a period of three weeks from today.”

iv] Professional Exams: High Court of Delhi on 30.04.2009 in W.P.(C) 8529/2009 Institute of Chartered Accountants of India, v/s. Central Information Commission, New Delhi.

v] Departmental Exams: WP (C) No.30963 of 2006 (J), (V.B.Santosh vs. CPIO o/o the Post Master General, Kerala Circle) of Hon’ble High Court of Kerala vide order dated 29.2.2008.

vi] University Exams: W.P.(MD)NO.4815 of 2008 of Madurai Bench of Madras High Court on 13/09/2010 - R.Ramasamy v/s 1.The Secretary, Ministry of Higher Education, Chennai, 2.The Registrar, T.N. Dr. Ambedkar Law University, Chennai and others.

vii] All types of answer sheets: STATE INFORMATION COMMISSION, PUNJAB, Chandigadh .dated 27-05-2010 CC No. 3033 of 2009:Sh. Surinder Kumar Vs Public Information Officer, O/o Commissioner, Excise & Taxation Punjab, [IMPORTANT].

Note: High Court of Gujarat in its judgement dated 29-06-2009 in SCA No. 5178 of 2008 has decided that answer sheets are not records as per RTI Act. This is available at
http://gujarathc-casestatus.nic.in/gujarathc/showoj.jsp?side=C&casetype=SCA&caseno=5178&caseyr=2008&orddate=29/06/2009&ordno=3&incrno=3&findcatg=ordnSearch&h=asda#238#901dsdsa

Please also visit:

HOW TO ACCESS EVALUATED ANSWER SHEETS:
http://www.rtiindia.org/forum/blogs/jps50/481-how-access-exam-answer-sheets.html

_______________________________________________________

Compiled by J P Shah, Junagadh Cell 9924106490

Reminder for First Appeal under RTI Act

2010-11-19T17:04:00.004+05:30

REMINDER TO FIRST APPEAL

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 know that Information Commissions will at the most remand back to FAAs only, after 6 to 36 months, without fixing accountability for not performing their duties under the Act. In addition to this, appellants are put to inconvenience, expenses, visits, frustration and wastage of time and money in approaching Commission and again to FAAs. This style pampers ego of FAAs and dignity of common men is lowered down in a democratic country. Appellants will once again be required to approach Commission if they are not satisfied with decisions of FAAs. This amounts to merry-go-round [pillar to post] bureaucratic procedure well known in India, which is antithetical to letter and spirit of RTI. This procedure not only delays supply of information and causes hardship to appellants, it also increases avoidable work load of Information Commissions.

I suggest that a letter as per attached draft should be addressed to FAA with copy to Head of Organization, if no decision is received within stipulated time of 45 days + 10 days [both side postal time] from date of mailing first appeal. Simultaneously file second appeal or complaint and attach copy of this reminder with it. Mail copy of second appeal or complaint to FAA and PIO under UPC post with suggested reminder.

This may expedite decision of first appeal and if you are not satisfied with reply of FAA, you can file addendum to second appeal/complaint pending with Information Commission. If you still do not get reply of FAA, this reminder may deter information commissioner from remanding appeal/complaint back to FAA. Commission will itself take decision. This reminder will justify and strengthen your prayer for disciplinary action against FAA and for compensation also. Head of Organization may take cognizance of flouting RTI Act by FAA if repeated complaints of this type are received by him. A positive impact will result due to reminder over a period of time, if consistently pressed by applicants.

____________________________________________________________________________________

From:

Address:

Cell:

_______________________________________________________________

Date: _______

REMINDER

By Regd AD post

To,
___________________ [Designation]
Appellate Authority under RTI Act,
__________________________

___________________________

Subject: FIRST APPEAL UNDER RTI ACT 2005-REMINDER

I had mailed first appeal dated _____ for my RTI application dated _______, in connection with ________________.

2. My appeal has not been replied within stipulated period as yet. Thus I would have been justified in lodging complaint u/s 18 or second appeal u/s 19.3 of RTI Act. Before I lodge this complaint/appeal, I remind you to decide my said appeal at the earliest.

3. In case if I do not get decision within 15 days from the date hereof, I shall presume that you have decided to deliberately, knowingly and malafidely defy provisions of an act passed by the Parliament. I may remind you that this is a quasi-judicial duty enjoined on you in personal capacity under RTI Act. This is not just an administrative duty, which you can bunk with impunity. Your indifference is affecting my fundamental right guaranteed under article 19.1.a of Constitution of India.

4. I am sure, service rules of your dept/organization must have classified transgression of law of land and breaching fundamental rights of a citizen by public servants, as gross misconduct. By not deciding on my appeal within stipulated time frame, you are rendering yourself liable and answerable to govt/management through departmental action.

5. I am aware FAAs hardly care for decisions of Information Commissions. None the less, I invite your kind attention to following CIC decisions:

No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010 and also
office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT,
Govt of India, New Delhi and judgements in following petitions in the matter of delay:

Writ petition No. 8348/2009 in High Court of Bombay [Aurangabad bench] dated 25-01-2010.

SLP No. 6584/2010 in High Court of Gujarat dated 01-09-2010

6.I also draw your kind attention to the fact that you are rendering your organization/department accountable under The Consumer Protection Act 1986, since I am consumer under this act as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005.

7. I humbly append important extract from judgement of Hon’ble SUPREME COURT OF INDIA in Lucknow Development Authority V/s. M.K. Gupta [CITATION: 1994 AIR 787 1994 SCC (1) 243 JT 1993 (6) 307 1993 SCALE (4)370}

“Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law. “

8. Please speed up your decision in your own interest.

Yours faithfully,

_______________

Copy by post to:
Head of Govt. dept or organization

-I request you to initiate [or order] departmental action against FAA for transgression of law passed by Parliament, which must be a gross misconduct under your service rules. For common men and women, it is shocking to witness that public servants are having such scant respect for laws of the country and fundamental rights of citizens.

Unhealthy Trend at Gujarat Information Commission

2010-10-16T09:57:00.000+05:30

Date: 12-10-2010 by email

To,
State Chief Information Commissioner,
Gujarat Information Commission,
Bureau of Eco and Statistics Bldg, 1st floor
Sector 18, Gandhinagar, Gujarat 382018
Email: gscic@gujarat.gov.in

Hon’ble Sir,

Subject: Remanding Appeals / Complaints--Suggestion

On perusal of recent decisions of the Hon’ble Commission I have witnessed a trend in large number of cases, where by second appeals or complaints are remanded back to First Appellate Authorities [FAAs], even when appellants had filed first appeals and waited for at least 30 or 45 days + 10 days [both side postal time], before preferring second appeals or complaints. While remanding, explanation of FAAs is not sought for not having decided first appeal within stipulated time. Some of the recent decisions are:

1. Appeal No. 1098/2010-11 decided on 15-07-2010
2. Appeal No. 1181/2010-11 decided on 20-07-2010
3. Appeal No. 1240/2008-09 decided on 16-08-2010
4. Appeal No. 1284/2010-11 decided on 30-07-2010

Under such circumstances, FAAs will be encouraged not to decide on first appeal and thus compel appellants to file second appeals or complaints, since FAAs know that Hon’ble Commission will at the most remand back to FAAs only, after 3 to 6 months, without fixing accountability for not performing their duties under the Act. In addition to this, appellants are put to inconvenience, expenses, visits, frustration and wastage of time and money in approaching Hon’ble Commission and again to FAAs. This style pampers ego of FAAs and dignity of common men is lowered down in a democratic country. Appellants will once again be required to approach Hon’ble Commission if they are not satisfied with decisions of FAAs. This amounts to merry-go-round [pillar to post] bureaucratic procedure well known in India, which is antithetical to letter and spirit of RTI. This procedure not only delays supply of information and causes hardship to appellants, it also increases avoidable work load of already overburdened Hon’ble Commission.

I am aware that decisions of CIC are not legally bound on SICs, but can act as a guide and may lead to best practices worth emulation by SICs. I therefore append below details of few recent decisions of CIC against non-performing FAAs:

1. No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
2. No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
3. No. CIC/AT/A/2008/00290 dated 17-07-2008
4. No.CIC/AD/A/2010/000952 dated August 18, 2010

While I respect decisions of Hon’ble GIC, which has to its credit many landmark and path breaking decisions in the past, I humbly suggest that time has come when at least FAAs’ explanation should be sought for dereliction of duties enjoined under RTI Act, while remanding appeals/complaints as is being followed by CIC. Hon’ble Commission may recommend disciplinary action in cases of bluntant transgression of RTI Act by FAAs. Two-three sentences in decision order will make FAAs responsible. This will have positive and cascading effect on attitude of FAAs, who must be studying trend in decisions of Hon’ble Commission. This will reduce congestion at GIC, reduce time and cost for appellants and will infuse sense of accountability in FAAs, at least for RTI.

I am sure yourgoodselves will take my suggestion in a positive manner for the benefit of information seekers of this State.

Yours faithfully,
J. P. Shah

SUGGESTION TO RBI

2010-10-10T01:22:00.001+05:30

Date: 30-06-2010 by email & Courier

Chief General Manager,
Reserve Bank of India,
Customer Service Dept,
Central Office,
Amar Bldg, P. M. Road, Fort,
Mumbai 400 001
Email: helpdoc@rbi.org.in

Respected Sir,

Subject: Suggestion - Customer Service Committee.

I refer to press note No 2009-2010/1712 dated 16-06-2010 and thank RBI for initiating steps to improve customer service in banks.

02. I being proactively interested in improving customer satisfaction would like to humbly submit following suggestions on customer service in banks.

03. I am attaching herewith my letter dated 17-08-2009 addressed to RBI for your kind reference. It was scaled up to Joint Director [Banking], MoF, Govt. of India. In addition to this, I offer my following suggestions:

04. A] Though RBI has made its directives on ATM failed transactions more customer friendly, its implementation on pro-actively paying penalty beyond 12 days is less than satisfactory. I suggest that if a bank does not credit penalty amount of its own along with amount of failed transaction, bank should be required to pay Rs.150/- per day beyond 12 days’ delay instead of Rs.100/-, if customer is required to represent for penalty amount.

B] Customer awareness on this provision is negligible. All ATMs should carry details of this directive prominently near ATM machines for creating awareness in public. RBI needs to release advertisements. Banks may release leaflets in news papers. Statements of account and covering letters of ATM cards should also contain such information.

C] Facility of complaint for failed transactions by sms and email should be arranged, as written complaints may take time, specially if account holder is out of station, where transaction fails. Separate mobile number and email ID should be provided to customers with ATM cards.

D] Alternatively Committee may consider following suggestion:

Some Banks have automated payment of failed transaction penalty by system itself. In this case bank staff can manipulate date of receipt of complaint from customer and bunk penalty or part of it. Banks must be getting information of such failed transactions within a day through system. Hence it is advisable to amend rule that instead of paying penalty after 12 days of receipt of claim of customers, banks of its own should pay penalty if claim is not credited within 12 days from date of failure of transaction. 12 days can be made 15 days if need be. This will solve all operational issues, manipulations by bank staff and repeated intervention of customers.

E] RBI should seek confirmation every six months from bank signed by two of General Managers confirming that penalty of failed transactions have been paid as per RBI circular and no penalty is unpaid as on date of certificate.

05. At present services of Banking Ombudsman are free and hence complainant may not be a consumer under The Consumer Protection Act 1986. To enable complainant to move Consumer Forum/Commissions against deficiency in service [other than quasi judicial decision of Ombudsman] at office of Banking Ombudsman, a nominal fee of Rs.50/- should be charged for filing complaints with it. This will make working of staff of office of banking ombudsman more alert, polite and efficient, as office of ombudsman can be pulled up in Consumer Forum/Commission.

06. RTI is also a part of interface with public and customers of banks.
Following banks have yet not nominated their branch heads as ACPIO under RTI Act 2005:

United Bank of India, Syndicate Bank, Bank of Baroda, UCO Bank, Punjab & Sind Bank, Union Bank of India, State Bank of Patiala, Indian Bank, Corporation Bank, Bank of Maharashtra, Allahabad Bank, and Vijaya Bank.

It makes it difficult for semi literate citizens to locate the office where RTI application is to be submitted or mailed. Normally branches hide notice boards containing details of ACPIO/CPIO, behind posters so that customers cannot read these details. Some branches do not display such information at all in customer lobby. When oral enquiries are made, officers/managers pretend that they do not know any thing about RTI etc. Hence all banks should have uniform nomination of branch heads as ACPIO.

07. In majority of customer service related problems, where employees/officers have harassed and insulted customers [specially common men], by flouting RBI and HO directives, the errant staff are not pulled up and usually system tries to save such staff [like Ruchika case]. This gives boost to such staff as nothing happens to them for enjoying predicament of bank customers. They continue to harass customers with impunity. This is more so in public sector banks at branch level.

I suggest that at least 25 to 30 percent of all complaints should be scrutinized every year by a committee of senior executives at HO level and banks must take strong punitive and corrective action against all such staff who have unduly harassed small customers. Some “outsiders” [like representatives of NGOs of Consumer Protection, management consultants in CRM, educated senior clients of other banks] may also be thought of.

Incidentally, I append below relevant paragraph from e-Times of India dated 08-06-2010 [Ahmedabad edition] for your kind reference on “Outsiders”:

“As part of making the bureaucracy more responsive, a system of outside assessment is now in place. Annual confidential reports (ACRs) are examined by committees of ex-officials who can recommend a change in grading. Though the committees' powers are limited, the move is aimed at ensuring assessment is not an in-house affair………..”

The very existence of such a process will be deterrent for errant officers from indulging in harassing public [mainly due to inflated ego, power [?] of chair and security cover provided by management and unions] with impunity. A note should also be made in annual performance reports of such officers.

08. Whenever judgements of courts and consumer commissions/forums are delivered against bank, it should be made mandatory for banks to conduct in-depth enquiry and punish decision makers whose decisions could not be sustained in courts/consumer commissions/forums. This will decongest courts also and make decision making process at bank level more just and fair. This is what our Hon’ble Prime Minister and Hon’ble Minister for Law and Justice call “Justice in administration”. Reference is also invited to judgement dated 30-10-2009 of Hon’ble Supreme Court of India in SLP[C] 29852 OF 2009 [CC NO.11768] and National Litigation Policy recently declared by Government of India.

09.Banks can also consider appointing retired judge of High or Supreme Court or retired President of NCDRC/State Consumer Commission or retired senior executive of banks as their internal [in-house] ombudsman for the bank itself, who can be approached by customers in all the matters of dispute [except sanction of loans but including delay in loan decisions]. Present banking ombudsman of RBI confines to limited area of customer service only.

This will make resolution of grievances fast, cost effective and will improve customer satisfaction in addition to reducing burden on courts. This internal ombudsman can be paid per case. Present nodal officers [like vigilance officers] mostly are not impartial and try to protect officers and bank, compelling aggrieved customer to resort to banking ombudsman or consumer forums. An element of external/outsider and unconnected element at each bank level, in resolution of customer grievance, will make a difference.

10. Some private banks and mobile companies have facility of automatic scaling up of complaints. Most public sector banks do not have this type of facility, which needs to be introduced for written and e-filed complaints.

11. Some banks [like SBI] provide email IDs of all branches/offices on their websites, while most of banks do not have this information. Some banks do not provide email IDs of field administrative offices [regional/zonal/circle offices] also. Customers find it difficult to send emails to branches or field administrative offices directly. Hence all banks should be advised to have email IDs of all CBS branches and also field administrative offices on their websites.

12. Citizens should be allowed and encouraged to have audio recorder/ spy pen/mobile with recording facility with them, when visiting banks or discussing with bank staff. RBI has permitted such recording facility during visits of recovery agents. This will make bank employees courteous and they will not be in a position to mislead the public. Citizens will be able to substantiate facts in their complaints.

13. Barring president of Depositors’ Association, all other dignitaries on committee seem to be from Govt. sector. Even govt. approved NGOs working for decades in the field of Consumer Protection have not been included. Private sector banks are also not represented. Thus approach of RBI is governmental and not holistic in the matter of customer service in banks. RBI should welcome participative democracy at least in the matters affecting citizens directly. It may get some valuable out-of-box suggestions and solutions from non-govt. members/NGOs also.

14. I have experienced that RBI itself is not serious for getting its own circulars implemented by banks, even in the matter of customer service or illegal hostile methods for recovery of small loans. It does not reply or try to pass on the bucks to others for enforcing compliance of its circulars. This attitude of RBI needs overhaul if it really means business. Citizens are not interested in tons of circulars and reports on customer service, but their effective implementation at branch level. Now some vigilant citizens are forcing banks to implement directives of RBI through RTI punch. The duty that RBI should discharge, is now being taken over by such alert citizens. This issue requires serious introspection and remediation by RBI.

15. Nearly a dozen charters, codes, policy declarations made by banks on their websites, have not made any material change in customer service at branch level. Majority of staff and branch mangers do not even know of it or at least pretend so. These are not enforceable in courts/consumer forums. Majority customers do not also know of such averments of banks. This requires revisit. Some of them should be made enforceable at law as a matter of right. At present it is charity by bank staff.

16. Period of filing complaint with Ombudsman should be extended to two years. Normally customers first represent to branch and on not being satisfied with reply or no reply he resorts to RTI. He requires at least one year to get information and papers under RTI Act 2005 [including second appeal to CIC]. Thereafter he again represents to branch and then scales up to RO/HO, based on information received. It takes 6 to 9 months. Thus by 21st month he gets final decision of the bank. Hence period of one year from first level decision, is too short to effectively present a complaint before Ombudsman.

17. Tracking system should be introduced for complaints with Ombudsman, as is available with Central Information Commission and Passport Offices. Complainant should be periodically informed of status and progress of complaints, by banks through SMS, since villagers now have mobiles.

18. On 12-05-2010 I visited CPIO/Superintendent of Post Offices [SPO], HPO, Junagadh. I came to know that they have a system whereby an officer from office of Chief PMG, Delhi or Ahmedabad can at any time of the day request SPO to show live on computer to that officer actual working of any dept or floor of the building, including customer lobbies, staff working etc. Officer at Delhi/Ahmedabad can record entire position. He also passes immediate instructions to correct deficiency. Officer in Delhi or Ahmedabad has details of sitting of staff of entire post office. The officer raises queries on long queues, dirty look, absence of staff etc. I think this best practice needs attention of RBI for replication by it in its offices and few large bank branches.

19. Installing few CCTVs in bank branches [not only at entrance] will make lot of difference not only for security but customer service.

20. For a common man, it is difficult to decide which RBI circulars are mandatory, informational, advisory etc. I had filed RTI application on 27-10-09 [RIA 1377/2009-10] with RBI, but reply was ambiguous, since there is no clarity at RBI level on this issue. I suggest that RBI circulars on customer service at least, should be prominently marked on its first page as to mandatory, informational, advisory etc. This will be useful for general public.

21. Language of RBI circulars should be such that it can be understood by a graduate who has studied in English/Hindi. Most of branch mangers also fail to grasp RBI circulars due to jargons and technical language used. Most banks have to simplify contents to make their branch managers pickup contents and implement it. Now that common man is also directly reading RBI circulars on net, language should be simple, specially of circulars meant for common users of bank services. Every such circular should at least contain point-wise operative gist which common man can easily grasp.

22. All banks should be advised to upload circulars connected to customer services on their websites, as is being done by RBI. This is otherwise also mandatory as per section 4.1.b.v of RTI Act 2005. Most of banks compel applicants to resort to CIC for copies of their circulars affecting common customers of bank.

23. There is at present no provision for payment of compensation for harassment, damages, delay, mental and emotional agony, insults, loss, expenses under Banking Ombudsman Scheme 2006 [except for credit card complaints]. It is necessary that scheme should include payment of compensation up to Rs.1.00 lakh in case of all complaints. Since there is no such provision, aggrieved customers resort to Consumer Forums, instead of Ombudsman. This will prove to be deterrent to errant bank officers, from whom bank will or should ultimately recover the amount.

24. If on any matter there is decision of State CDRC or NCDRC, then that judgement should be followed for all similar claims at bank level itself, rather than forcing the aggrieved customer to pass through tedious process of getting justice through Ombudsman/Consumer Forum.

25. Banks and RBI should have a system whereby customer can register with them, so that he gets copies of all circulars on a particular subject [specially customer service] by email. This is now possible with IT, where in group emails can be sent instantly. This will save time and inconvenience in visiting websites and searching for circulars, issued by a bank or RBI on a particular subject.

26. Assessment of quality of service at branch level:

At present, banks are relying mainly on internal audit reports to evaluate quality of service at the branch level. It mainly includes filling in few forms casually and as a routine matter. Administrative offices hardly scrutinize such reports on customer service, which are cosmetic in nature.

I suggest that bank HO should prepare a panel of service quality assessors from public, [specially retired persons from government, banks, insurance, telecom, military, management consultants in customer care etc and a team of two of them should visit 2-3 branches anonymously without revealing their identities, as a common man to open account or borrow or exchange notes or purchasing demand draft, lodging complaint, observing time limits, cleanliness, courtesy of the staff etc etc. Selection of branches for a team of 2 assessors should be done by a senior executive not connected with customer service dept at HO for a state or region. He should maintain total confidentiality. Thus every year 10-15% branches of the bank should be covered by various teams. Every year team members should be changed. The assessors should submit detailed report of their live experience at the branch to HO. They may be reimbursed suitably. Even RBI can follow this type of assessment for its own services and services of other banks.

This type of system was followed by public centric kings in olden days. It will factually reveal quality of service being offered at branch level in routine manner. I have found that staff offers better service and courtesies to customers when audits are in progress and once it is over, things dramatically change. Most of the customers who have problem just walk to some other bank without making complaint or giving feed back. Public sector banks do not have system of contacting customers who severed relationship with banks through independent agency/staff from controlling office for their feed back.

The suggestion if implemented will improve day to day customer service on the counter as staff will have apprehension that the person may be assessor from HO and it will give vital feedback to HO to fine tune its policies and procedures.

27. The press-note contains facility for email, but it is difficult to have suggestions running into 10-12 pages emailed through it. Attachment facility is also not available in the link. RBI should have provided separate email ID for getting suggestions.

28. I suggest that per day penalty provision should be prescribed for delay in communication of decision on loan applications, like the one provided for failed ATM transactions. Govt. of Delhi have recently mandated for penalty per day for employees for delays in few depts. This will be extended to all other departments over a period of time.

29. Normally in Govt. offices, importance is given to “WHO made the suggestion” rather than “WHAT is the suggestion”. I am sure Committee will take into account my submission in a positive and open manner. I have invested time, energy and money for this presentation, only to improve customer satisfaction.

Yours faithfully,
J.P. Shah
Encls: as above

“...We believe that empowerment of the common person is the surest and the safest way to preservation of wealth.” –RBI Website

…In sum, were professionals in the financial sector legally right, but only legally right and morally wrong? --Dr. D. Subbarao, Governor, Reserve Bank of Ind

National Anticorruption Strategy

2010-10-10T01:17:00.001+05:30

Date: 10-09-2010

Shri K. Subramaniam
OSD to CVC
Central Vigilance Commission
Satarkta Bhawan, INA, New Delhi - 110023
e-mail: subramaniam.k@nic.in

Dear Sir,

Subject : National Anticorruption Strategy

I thank CVC for inviting suggestions of general public on above subject. I humbly submit as under:

1. A common Indian feels that there is too much churning out reams of reports by govt. offices on corruption [and such other matters affecting common persons], but there is no real and decisive action on the ground. There is every possibility that the above policy will remain on papers only. Few raids [on petty officers] here and there will be conducted immediately after launch of policy with all fun fair, to show to public and international media that India is serious about Corruption. It is not the deficiency of knowledge, but the efficiency of execution that is crux of the matter. India is heaven on papers but hell on ground for common citizen.

2. Expecting a govt. dept to eradicate or contain corruption of another dept is far fetched expectation at least in India. Normally corrupt officers get absolved by corrupting the investigating agency or dept. Judiciary normally sees what is shown to it by investigating team. This is an open secret.

3. Unless common man and civil society organizations are empowered [like RTI] to easily, safely and effectively challenge corruption, nothing much will change. Rewards like in Income Tax evasion cases need be considered to such informers of corruption. I am attaching my suggestion made to then CVC on 21-09-2000 [ a decade ago] for kind consideration.

4. The rule that anonymous complaints should not be entertained by CVC/SVC/Lokayukta/other govt. offices is one of the biggest facilitator of corruption and misdeeds in govt. offices. This clause guarantees safety to wrong doers, at the cost of life of whistle blowers who state their true name and address in complaints. It would be interesting to find out how name and address of the complainant would make any difference to gravity and veracity of contents of complaint. There is no justification on the part of govt. to risk life of whistle blowers by knowing their names and addresses. Govt. should be more concerned about contents of complaint.

5. If anonymous complaints are also being looked into by Govt., it will act as a deterrent to corrupt officers/politicians and other wrong doers, to some extent. Public has wealth of information which can be developed to contain corruption. Common man has first hand experience of corruption in govt. offices. However they do not want to share at the cost of harassment or life from politicians and high ranking officers of govt.

6. Our hon’ble Prime Minister is repeatedly emphasizing zero tolerance to corruption in last at least 5 years, but hardly any concrete and effective steps are taken under one pretext or the other. It appears that he is finding himself helpless like a common Indian. People believe that if only IAS, IPS, IFS, IRS and such other senior officers [central and state] are raided honestly and continuously for one year, govts. will not be required to levy taxes for next 5 years.

7. In fact working of CVC and State ACBs should first be redefined and reinvented to make them truly effective. They should have powers not only to recommend but to punish the guilty. They are totally ineffective when it comes to senior officers and politicians. These commissions and bureaus should be headed by a judicial officer [like NHRC, SHRC, Lokayukta etc] and assisted by bureaucrats/police. State ACBs should be accountable to CVC also.

8. Laws are old, irrelevant and out of date, causing injustice to common citizen, as majority of these laws were enacted by Britishers to keep Indians in slavery. Now these laws are used to frame common man by Indian rulers [politicians, police and babus]. In fact thanks to corruption that large number of Indians are presently not in jail, otherwise if all these laws are followed honestly [without corruption] by governments, half of adult population of India would be behind bars under one or the other law, regulation, rules, notification, GR, circular etc. Hence to contain corruption, laws will have to be rewritten befitting a democratic country.

9. Common Indian has now realized that it is not Governments’ lack of information and evidence leading to corruption, but lack of will of politicians and babus to act against corruption, which is their major source of income and wealth.

10. I am totally convinced that proposed strategy will be made to remain in books by corrupt system. There is no genuine political and administrative will to eradicate or even reduce corruption in India. Nothing material will happen at least in next 50 years in Indian corruption level. It will only aggravate. We shall also be corrupting the world, by exporting corrupt governance despite India being a country of religious population, whose religion stops at the last step of temple and last word of prayer. Has Govt. created conditions where honest Indians can survive and prosper?

11. Our judicial system [last resort for common man in India, other than media] has reduced courts to Kaydalays from Nyayalays and people have stopped expecting justice in true sense of the word from the system. This has given rise to internal terrorism [naxals etc] out of frustration and helplessness of common man.

12. Corruption now needs major super surgery and not dressing by preparing reports [which are not to be implemented in true sense]. When honest prime minister is finding himself helpless against corruption, how do you expect a common Indian to believe in reports and strategy framed by govt. depts. The strategy is just an eye wash and waste of time and public money. It is collection [copy-paste] of old failed ideas, which every one knows but no one dare to implement for lack of commitment. It will gather dust in a securely locked cupboard of a babu or a minister in New Delhi.

13.Every new law, rule [being enacted day in and day out] open up additional avenues for corruption by govt. servants and politicians, since laws and rules are being made to control [enslave] common man of so called free India.

14. Youths have now realized that they have to live with Indian corruption through out their lives from birth to death and hence they are learning tricks of trade [without being directly taught in schools which are run by corrupt managers]. They do not require “Indian Institute of Corruption” to master it. They learn by experience right from taking admission in schools through corruption.

15. We are only to wait for a revolution like ‘quit India’ for ‘quit corruption from India’ to happen. It will take one more Gandhi to take birth in India. In 1947 he replaced Britishers with Indian rulers, who have proved them to be worst than their predecessors at least for common Indian.

16. Please do not waste public resources for drafting such strategy and plans to be ultimately consigned to files. Better utilize hard earned public money by conducting raids on few corrupt politicians and babus. It would be interesting to replicate sincerely Corruption Eradication Commission of Indonesia.

17. Editorial of Times of India of 09-09-2010 on appointment of new CVC supports perception of common man of this country. Interview of recently retired CVC is more frustrating. He has become truly wiser on the day of retirement. He could have done some thing tangible [like Mr. Seshan, Ex CEC] when in chair. CWG has showcased to the world our expertise to get gold medal in corruption even before beginning of the games. Appointment of new CVC has raised many questions in media and civil society.

Yours faithfully,
J. P. Shah
Encls: as above

WHISTLEBLOWERS' PROTECTION LAW

2010-10-10T01:15:00.002+05:30

Date: 03-09-2010 by email

Shri V.K. Velukutty,
Deputy Secretary (V-Ill),
Department of Personnel and Training,
Room No. 10-8/11, North Block,
New Delhi-110001.
E-mail : vkvkuttv@nic.in

Respected Sir,

Subject: The Public lnterest Disclosure and Protection to Persons Making the Disclosure Bill. 2010.

I refer to OM Nr. P.N0.37112212007-AVD.111 dated 27-08-2010 and humbly append below my views/suggestions:

1. Reliability, credibility and integrity of public servants in the perception of common man [including govt. employees] is so low, that hardly any one will rely on true intention and capability of CVC or SVC [competent authority] to keep names of complainants secret at all times. These officers and their immediate assistants may unofficially leak the name and address of the whistle blower, which may cost life of whistle blowers. General public knows that govt. officers give way through money or political pressure. Even senior govt. officers cannot withstand political pressure. Hence the proposed bill will not generate positive participation from public or other govt. officers, who care for their lives.

2. There is provision to penalize complainant for frivolous complaints. For a common man and small govt. officers/employees, it is not possible to documentarily prove corruption or misdeeds of senior officers or politicians. He can only give rough information about misdeeds in the organization. If he uses RTI to unravel, his name becomes public in the organization before he gets protection. In case if enquiry officer of CVC/SVC does not [or do not intend to] get all the proofs beyond doubts on paper to prove allegations, the complainant will be in soup, for frivolous complaint. Why one should get involved in punishment etc while trying to do public good? This provision needs to be deleted.

3. Penalising CVC/SVC or other officer for breach of this act will be a near impossible task during service or life time of the officer. Mostly no documentary evidence will be available to nail down leaking officer or CVC/SVC.

4. CVC/SVC has to rely on state police for ensuring protection of whistle blower. Public knows state of affairs of state police. The very fact, that police protection is provided to an officer in an organization at the instance of CVC/SVC, will make his identity open directly or through police. Then, any investigation by CVC/SVC will be attributed to such police-protected whistle blower, risking his life.

5. When crores of rupees are leaking from govt. vaults daily and hardly any one is pulled up, I doubt how this act will infuse confidence in whistle blowers that their details will not leak out from govt. records. It appears that this legislation is just an eye-wash to Indian public and international community to show that govt. is serious about corruption and wrong doings in governance. There will be few takers of this act.

6. There is provision in the proposed act that CVC/SVC will counter check name and address etc of the complainant, before acting on it. Thus the govt. wants to be sure that complainant is a genuine gentleman and that he has honestly supplied his name and address. CVC/SVC may also start calling the complainant to CVC/SVC office for checking his veracity through pan card/election card/telephone bill and cross examining him for complaining. This is like torturing the accuser before looking for the accused, as happens in police stations.

7. There is every likelihood that accused officer under this act will blame the whistle blower himself for having knowingly or negligently revealed his own identity, when some harm is done to whistle blower.

8. I humbly suggest that whistle blowers should be encouraged to lodge anonymous complaints by post or emails. [emails can be tracked back, but it is not easy]. The same may be enquired upon by CVC/SVC and if no substance is found, the same may be filed out for future reference. If there is some substance indicative of corruption or wrong doings, a full fledged investigation may be ordered. Normally whistle blower will try to anonymously supply more proofs to substantiate complaint. He would be tracking progress of investigation through his channels in office. Resources which will be used for ensuring safety of whistle blowers, can be better utilized for preliminary enquiries of anonymous complaints. This system will encourage more whistle blowers to ‘shout’ silently, for containing corruption and wrongs in governance. He will himself guarantee his safety through anonymity of his identity, while helping the country in exposing misdeeds of govt. offices.

9. In fact, the rule that anonymous complaints should not be entertained by CVC/SVC/Lokayukta/other govt. offices is one of the biggest facilitator of corruption and misdeeds in govt. offices. This clause guarantees safety to wrong doers, at the cost of life of whistle blowers who state their true name and address in complaints. It would be interesting to find out how name and address of complainant will make any difference to gravity and veracity of contents of complaint. There is no justification on the part of govt. to risk life of whistle blowers by knowing their names and addresses. Govt. should be more concerned about contents of complaint.

10. If anonymous complaints are also being looked into by Govt., it will act as a deterrent to corrupt officers/politicians and other wrong doers, to some extent. Public has wealth of information which can be developed to contain corruption. Common man has first hand experience of corruption in govt. offices. However they do not want to share at the cost of harassment or life from politicians and high ranking officers of govt.

Thanking you for seeking views and suggestions of public on legislation and ensuring public participation in our democracy.

Yours faithfully,
J.P. Shah

Decisions on Private Entity Information under RTI Act 2005

2010-08-19T12:35:00.002+05:30

Decisions on Private Entity Information under RTI Act 2005

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 No. CIC/OK/A/2006/ 00127-- Shri Jehangir B. Gai vs Bureau of Secondary Education,

4. CIC decision dated 25-05-2009 in appeal No.CIC/AT/A/2008/ 01083 ---Shri Bhoj Raj Sahu vs SEBI

5.CIC decision No.714/IC(A)/2007 F. No.CIC/MA/A/2007/00104 dated 18-05-2007 and Decision No. 1231 /IC(A)/2007 -- Shri D.K. Chopra vs Directorate of Education, GNCT of Delhi

6. Decision of Andhra Pradesh State Information Commission in appeal No. 914/SIC-ASR/2006 between N. Subba Rao v/s Principal, Bapatla Engineering College, Bapatla

7. CIC decision Nr. CIC/WB/A/2007/00179 dated 14-2-2007 - Abid Khan vs Directorate of Education, GNCT Delhi,

8. CIC decision of 09-06-2010 in Appeal No. CIC/WB/C/2006/00080

9. CIC decision dated 1-8-2008 in appeal No. CIC/WB/A/2007/00315 - Shri Ramesh N. Gandhi, Ulhasnagar vs Hq. SWAC, Gandhinagar

10. CIC full bench decision No.5607/IC(A)/2010dated 14-07-2010 in appeal No. CIC//MA/A/2008/01117 Ms. Bindu Khanna V/S Directorate of Education, Government of NCT of Delhi

11. CIC full bench decision dated 30-11-2006 in application No. CIC/WB/A/2006/00011 Shri Sarbajit Roy v/s Delhi Electricity Regulatory Commission, New Delhi.

12. CIC decision dated 09-09-2010 in Case No. CIC/ SS/A /2010/000634 Dr. Haroon Siddiqui v/s Ministry of Agriculture

13. CIC decision No.CIC/DS/C/2010/000332 dated 25-10-2010
Shri Virajoo Kumar v/s Telecom Regulatory Authority of India

Please also refer
http://jps50.blogspot.com/2009/01/private-party-under-rti.html

18082010

NON-REFUND OF FEES BY COLLEGES?

2010-07-14T15:28:00.000+05:30

ARE YOU A VICTIM OF NON-REFUND OF FEES BY COLLEGES?

In case if you have not joined a college after paying fees and the college is not refunding fees or returning originals, please initiate following steps:

1. Lodge a written complaint with Principal of the college with photocopies of payment receipts etc and obtain acknowledgement on photocopy thereof. Alternatively, mail by speed or registered Ad post.

2. Endorse copies of complaint by speed or registered Ad post to:

A] All India Council for Technical Education [AICTE]
7th Floor, Chanderlok Building, Janpath, New Delhi-110 001

B] Chairman,
University Grant Commission [UGC]
Bahadur Shah Zafar Marg, New Delhi 110 002

3. If you do not get refund and originals in a month, file RTI applications with AICTE and UGC by visiting following links:

Long pending?:
http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html

Central Govt application:
http://www.rtiindia.org/forum/blogs/jps50/19-rti-application-central-govt-info.html

4. Send photocopies of RTI application by post to Principal of the College for his information. This will be a reminder to him.

5. If still you do not get refund and originals or positive reply within one and half months, please file complaint with District Consumer Forum under The Consumer Protection Act 1986 and quote judgement dated 06-07-2010 of NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI in Revision Petition 3926 /2009. This judgement is available at http://164.100.72.12/ncdrcrep/judgement/00100708145925395RP392609.html

6. For filing consumer complaint, you can take free help of NGOs working for consumer protection in your area. State-wise list is available at http://www.cccindia.net/fm.asp. You may take assistance of an advocate also.

7. Relevant paragraph from advertisement No. AICTE/DPG/06(02)/2009 of AICTE is reproduced for your information:

“In the event of a student/ candidate withdrawing before the starting of the courses, the wait listed candidates should be given admission against the vacant seat. The entire fee collected from the student, after a deduction of the processing fee of not more than Rs.1000/- (Rupees one thousand only), shall be refunded and returned by the Institution to the student/ candidate withdrawing from the programme. It would not be permissible for Institutions to retain the School/ Institution Leaving Certificates in original. Should a student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent, wherever applicable.”

8. Similar public notice is issued by UGC vide its press note Nr. 1-3/2007 [CPP-II] dated 23-04-2007.

9. Please note that Systems do not work on their own in our country, one has to make it work. Law is only as strong as an individual is.

J.P. Shah, Junagadh [Gujarat]
Cell: 9924106490 Email: jpshah50@yahoo.co.in

RTI HELPED NGO TO SUCCESSFULLY RESIST FALSE CASES

2010-07-06T18:33:00.000+05:30

An NGO [a charitable trust] constructed nearly 200 small houses in 2001 in Kutchh after earthquake for affected persons on no profit no loss basis. The project was funded by Govt. and houses were to be constructed as per govt. guidelines. In 2008 two house allotees filed consumer case against NGO and trustees for poor material and workmanship of houses and claimed damages of Rs. 3.00 lakhs each. NGO came to know that nearly 175 other allotees are preparing papers for filing cases each claiming Rs.3.00 lakhs. Trustees got frightened and their advocate was finding it difficult to prove use of govt. mandated material and workmanship. The leader of allotees was black mailing trustees and was prepared to settle for Rs.1.00 lakh per house.

I was contacted for help through RTI. I was informed that officers of Gandhidham Development Authority, Mamlatdar office and National Council for Cement and Building Materials, Haryana were visiting periodically for inspecting quality of construction. However all these three offices were not cooperating in providing inspection reports to NGO. I guided the NGO to file RTI applications and within 45/60 days we got certified photocopies of inspection report from all these offices pertaining to two houses of which cases were filed. Certificates revealed material and workmanship as per govt. prescribed rules for such construction. Recently both the cases were dismissed based on contents of certificates. Other allottees have now decided not to file cases. NGO got relieved of impending huge liability for noble help they provided to victims of earthquake. I am happy through RTI I could help NGO successfully resist false cases and blackmailing.

RTI does work.

21062010

16 years’ waiting ended in One month through RTI

2010-07-06T18:32:00.000+05:30

A retired bank officer had taken Bhavishya Arogya Policy, for which premium of Rs.3140/- was paid on 30-03-1994. Public sector insurance company did not issue original policy despite constant follow-up by letters and visits to the office of Insurance Company. He was compelled to complete formalities for duplicate copy, but was not issued duplicate one. The policy was valid for life time. This senior citizen got frustrated and tired. Recently my friend at Rajkot introduced him to me for invoking RTI for this problem. He filed RTI application on 24-03-2010 and Insurance Company sent him original policy on 29-04-2010. 16 year old problem was solved in a month through RTI. Times of India Ahmedabad edition published this story.

RECOVERY FROM BANK THRU RTI

2010-07-06T18:30:00.002+05:30

A nationalized bank in a small town had debited Rs.1165/- towards minimum balance charges from a small customer, without pre-intimation of such condition or even sending advice of debit. The account holder contacted bank manger with his brother who was income tax practitioner. Bank Manager was very rude and challenged the customer that you may approach any body, but amount will not be refunded. Similar was the case of other 4 account holders.

I was approached for help. I prepared one RTI application and a detailed complaint addressed to Nodal Officer of the bank [to be routed through bank manager]. Since bank manager is ACPIO, I advised the account holder to lodge RTI application with Rs.10/- and complaint with the same bank manager.

On 06-04-2010, account holder and his brother visited bank and handed over above papers to bank manger and requested for acknowledgement on photocopies. Bank manager read RTI application and complaint and was literally shocked and perturbed. He very politely offered to refund these charges immediately with a request not to press for RTI application and complaint. He also refunded these charges to other four account holders by calling them on phone to bank for collecting refund cheques.

RTI DOES WORK without RTI even !!!.

RECOVERY FROM BANK THRU RTI

2010-07-06T18:30:00.001+05:30

A leading public sector bank had recovered Rs.10000/- from account of my friend’s son towards various service charges while closing the account in Nov 2009. The bank did not respond to normal channels of redressal of complaint. At my guidance, RTI application was filed on 07-12-2009 followed by first appeal for no reply on 07-02-2010. On 05-03-2010 bank contacted him and requested him to collect refund of Rs.5000/- and withdraw RTI application and first appeal. RTI does work.
05032010

RTI HELPED IN MATRIMONIAL DISPUTES

2010-07-06T18:29:00.000+05:30

RTI HELPED IN MATRIMONIAL DISPUTES

One of my friends is facing matrimonial cases in UP. His wife has contended that she never visited Gujarat where my friend lived. I helped him file RTI application with Western Railway, Ahmedabad to obtain travel details based on date and train number for journeys from Agra to Ahmedabad and back. Since the matter was one year old, CPIO replied that these details cannot be supplied as record is destroyed in 6 months.

He filed another RTI application asking for details of destruction of record. CPIO visited my friend and requested him to withdraw this second application and assured that he will get details of travel from Ahmedabad to Agra. As assured he provided reply to one query of first application. He could not get details of other inward journey.

My friend filed first appeal but it was of no help. He moved CIC for both the applications. IC was explained urgent requirement of these details in video hearing for being produced in criminal complaints. IC ordered CPIO to get the record and provide all the details within 2 days or provide details of destruction as sought in second RTI application. She also advised that CPIO can access electronic data base and provide required remaining information. My friend got details of both journeys and it will disprove allegations of his wife in her complaint u/s 498a, 125 etc.

30062010

INCOME TAX REFUND

2010-07-06T18:28:00.000+05:30

INCOME TAX REFUND

Last week a salaried friend of mine got a phone from IT Dept that his refund of Rs.15000/- was ready and come to dept. When he went there, clerk asked him to pay Rs.750/- [fixed rate for refunds upto Rs.25000/-!!!]. He refused and refund order was not given. He contacted me and I emailed him RTI application and requested him to go to CPIO. When he visited, CPIO called the clerk and tax assistant and informed of RTI application being filed. They after 10-15 minutes delivered the refund order to my friend without bribe.

110209

RTI MADE THEM REPLY FAST

2010-07-06T18:27:00.000+05:30

My friend’s wife was chasing branch, administrative office of a public sector Insurance Company and also IRDA for last 4 months for getting cancellation letter of her agency, so that she can renew her agency with LIC. Due date for submission of this letter to LIC and also updating data on IRDA website was fast approaching. She was at the verge of losing LIC agency also due to non-renewal.

At my request she filed RTI application on the line of my blog posted at http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html. I redrafted at her instance to suit her case. And within 3 days of mailing application, her husband got phone from branch head that letter is being mailed and that he can come for a cup of tea to his office etc. She got required letter within 5 days of delivery of RTI application.

080909

PROOF OF SERVICE

2010-07-06T18:26:00.001+05:30

PROOF OF SERVICE

A youth served for six years as temporary computer operator in a university. After 6 years his services were suddenly discontinued by the university. A case was filed in labour court for restoration of job. Labour court ordered university to take back the youth as labourer, based on records produced by the university in court. Youth challenged this decision in High Court. He was not having documents which can prove that he worked as Computer Operator in the university for 6 years, hence his advocate was not very hopeful of success.

He came in my contact through a friend. We filed RTI application with the university and it had to supply 203 pages indicating that the youth worked as computer operator. The young man could not recollect other records which can help him. We sought inspection of record of the department where he worked in 6 years. He could locate and get additional nearly 200 pages which can substantiate his claim.

All these papers obtained through RTI were given to the advocate and he has found them to be very useful and effective to win the case in High Court. We were required to file first appeal for getting these papers and inspection of record.

WRONG INTEREST CHARGED REFUNDED THROUGH RTI

2010-07-06T18:21:00.000+05:30

A retired bank employee from Jamnagar [Gujarat] was wrongly charged overdue and penal interest amounting to Rs.3400/- in his loan account by the public sector bank, with whom he worked through out his life. He represented for refund from branch to regional office to head office of the bank. Retired employees association also took up his grievance. However, nothing worked.

I was contacted for RTI intervention. On 26-05-2010 aggrieved employee filed RTI application with the bank seeking status of representations made by him. It was received by bank at Mumbai HO on 01-06-2010. Bank refunded entire amount on 24-06-2010.

RTI works.

03072010

TRANSFER OF APPLICATION WITHIN PUBLIC AUTHORITY

2010-05-26T11:40:00.000+05:30

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 of RTI application within public authority is against provisions of RTI Act.

B] PIO has also violated directives issued by Government of India
Department of Personnel & Training, North Block, New Delhi as contained in its notification No.1/14/2008-IR dated 28-07-08, which deals with transfer of applications.

C] CIC has been quoted as under in judgement pronounced on 02.09.2009 by HIGH COURT OF DELHI in W.P. (C) 288/2009
CPIO, SUPREME COURT OF INDIA, versus
SUBHASH CHANDRA AGARWAL & ANR [Judges’ assets case]

“23. In view of this, the question of transferring an application under Section 6(3) of the Right to Information Act by the CPIO of the Supreme Court cannot arise. It is the duty of the CPIO to obtain the information that is held by or available with the public authority. Each of the sections or department of a public Authority cannot be treated as a separate or distinct public authority. If any information is available with one section or the department, it shall be deemed to be available with the Public Authority as one single entity CPIO cannot take a view contrary to this.”

Note: I will not advise filing of first appeal, if you get proper information even when application is wrongly transferred. Above paragraphs can be highlighted only when filing first/second appeal for non-receipt of reply or incomplete reply.

NOTICE UNDER CONSUMER PROTECTION ACT FOR RTI ACT

2010-05-25T13:42:00.003+05:30

From:
Name:
Address:
Cell No.
Email ID
_____________________________________________________________

Date: __________

by regd ad post & Email

To,
1. Head of Public Authority and his address

and

2. SPIO/CPIO and his address

Dear Sirs,

Subject: NOTICE UNDER THE CONSUMER PROTECTION ACT 1986 and SEC 80 OF CPC

I had sought certain information from SPIO/CPIO of your public authority under The Right to Information Act 2005 vide my RTI application dated __________ [copy enclosed with proof of mailing or receipt].

2. I have not received reply from SPIO/CPIO within period mandated in RTI Act 2005.

OR

Since I did not get reply within stipulated time I filed first appeal dated ______. Copy of appeal is enclosed with proof of its mailing or receipt.

OR

I have received reply vide letter No. __________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulated time limit under RTI Act

B]

3. The foregoing amounts to deficiency in service and / or supply of defective, incomplete, irrelevant, wrong, misleading information under Consumer Protection Act 1986. This also leads to violation of Human Rights as defined by United Nations Declaration.

4. I humbly add that Hon’ble National Consumer Disputes Redressal Commission, New Delhi has in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] has decided on 28-05-2009 that applicant under RTI Act is a consumer under The Consumer Protection Act 1986.

5. Other District Consumer Forums [ Guntur, Nagpur, Faridkot, Vizainagaram, Medhak, Coimbatore etc] have also ordered supply of information under RTI Act and ordered payment of compensation to applicants.

6. Before I proceed further, I request you to kindly supply or cause to be supplied proper information sought by me immediately and also pay me an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India, etc latest within 60 days from the date hereof.

7.In addition to above, I request you to please initiate departmental action against erring officers of your public authority for defiance of law, dereliction of duties and infringement of fundamental rights of common Indian guaranteed under article 19.1.a, under service rules of your organization, under advice to me.

8. As Head of public authority, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

9. Please note that this notice and proposed complaint as above are exclusively at your risk, cost, responsibility and consequences and without prejudice to writ which I may file in Hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

10. I quote for your information:

a. In Lucknow Development Authority V/S M .K. Gupta the Apex Court held that when public servants by malafide, oppressive and capricious acts in performance of official duty causes injustice harassment and agony to common man, renders the State or its instrumentality liable to pay damages to the person aggrieved. And the State or its instrumentality is duty bound to recover the amount of compensation so paid from the public servant concerned. (1994) 1 SCC 24,

b. “If civilisation is not to perish in this country as it has perished in some others too well known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the damage done by its officers to the petitioner's rights. It may have recourse against those officers."- HON’BLE Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141

I am sure you both will not dare to defy above averments of Hon’ble Supreme Court, which can have serious personal repercussions.

11. This notice may also be treated as notice under section 80 of the Civil Procedure Code and be directed to appropriate authority of Govt.

Yours faithfully,

[ __________]

Encls: as above

Copies by Regd AD and email to

2. FAA [only if first appeal is already filed]

This is a proforma draft and should be amended to suit individual case.

You can issue this notice. There is no need of advocate for it.

Please also visit:

NCDRC decision:
http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

Additional Remedy
http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html

Consumer complaint draft and guide
http://www.rtiindia.org/forum/blogs/jps50/2114-consumer-complaint-rti.html

All the best.

PROCEDURAL DEFICIENCIES

2010-05-23T22:14:00.000+05:30

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) 4 SCC 343]

b) “A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore be construed liberally and in such manner as to render the enforcement of substantive rights effective”. [Ram Manohar Lal Vs NBM Supply, AIR 1969 [17-03-1969 SC]

c) “Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial questions, not on technical tortures and Courts cannot be "abettors". [Noronha V Prem Kumari, AIR 1980.]

d) “Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the Government or a Public Officer to deny just claim”. [Jones V Nicholls, (1844) 13 M & W 361.]

ACPIO/CPIO OF BANKS

2010-05-18T18:57:00.001+05:30

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 Zonal Office or Circle Office:

Union Bank of India, United Bank of India, Syndicate Bank, Bank of Baroda, UCO Bank, Punjab & Sind Bank, State Bank of Patiala, Indian Bank, Corporation Bank, Bank of Maharashtra, Allahabad Bank. Vijaya Bank.

Appellate Authorities are at Head Office or Zonal/Circle level.

NOTE: Central Information Commission in decision dated 15-12-2009 under file No.CIC/SM/A/2009/000187, has sought explanation of branch head for delay in forwarding RTI application to CPIO, even when branch head was not designated as ACPIO.

IMPORTANT NOTE FOR RTI APPLICATIONS AND APPEALS

2010-05-18T18:55:00.000+05:30

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, Mysore.

Disproportionate Diversion of Resources under RTI Act 2005

2010-03-16T09:11:00.003+05:30

Disproportionate Diversion of Resources under RTI Act 2005

Section 7 (9) of RTI Act 2005 reads as under:

An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

In following cases it has been decided by CENTRAL INFORMATION COMMISSION, NEW DELHI that Section 7(9) of the Act does not provide ground for denial of information.

1. Decision No.CIC/OP/A/2009/000204-AD dated 12-01- 2010

………….As for information having been denied since its is voluminous, the Commission holds that Section 7(9) of the Act does not allow denial of information but denial of providing the same in the form in which it has been sought in the event this leads to disproportionate diversion of resources of the Public Authority………

2. Decision dated 12-03-2009 in appeal No.CIC/WB/A/2007/01042:

This would mean only that allowance is given where compiling information already held would present the difficulties described in the law to the public authority concerned. Information can in no case be denied u/s 7(9), which has only a qualifying clause and no exemption such as is provided u/s 8 sub sec. (1). The decision of Dr. Aditya Arya is, therefore, flawed, and is set aside. He will now review his decision in light of the above observations and ensure that appellant Shri Ajit Kar is provided the information to which he is entitled under the law within twenty working days of the date of issue of this Decision Notice. Appellant Shri Ajit Kar specifically invited our attention to the information sought in Para 30, which may be taken into consideration by the First Appellate Authority Dr. Aditya Arya, Jt. Commissioner of Police (Operations) during his examination. The appeal is thus allowed.

3. Decision dated 25.2.06 in appeal No.10/1/2005-CIC “

…Sec 7(9) of the Act does not authorize a public authority to deny information. It simply allows the authority to provide the information in a form easy to access….”

4. Decision dated 26.3.2008 in appeal No.CIC/WB/A/2007/00349 “..

It was explained to respondents that section 7(9) does not authorize refusal of information but only disclosure in a form other than that asked for, for reasons given ion that Section..”

5. Decision dated 9.1.2009 in appeal No.CIC/OK/A/2008/01256
“…The denial of information on the basis of Section 11 and Section 7 (9) of the Act was without any basis in law. Denial of information can only be under Section 8 (1) or Section 9. Section 11 sets out a procedure for giving the opportunity to a third party to give his objections and Section 7 (9) can be invoked only to state that information in the format demanded by the appellant is not possible. However the PIO would have to offer the information in an alternate format when invoking Section 7 (9)…”

6. Decision dated 22.10.08 in Appeal No. CIC/WB /A/2007/00528-SM

“…It is true that the Section 7(9) provides that information sought in a particular form should be provided in that form unless it would disproportionately divert the resources of the public authority or would be detrimental to preservation of record in question. That means, the public authority concerned should provide the information sought in a different form if he thinks, on reasonable grounds, that the form in which it has been sought would disproportionately divert the resources of the public authority. This provision in Section 7 is not a license to deny information. ..”

7. Decision No. CIC/OK/A/2008/01256/SG/0937 dated 09-01-2009.

Denial of information can only be under Section 8 (1) or Section 9.
Section 11 sets out a procedure for giving the opportunity to a third party to give his objections and Section 7 (9) can be invoked only to state that information in the format demanded by the appellant is not possible. However the PIO would have to offer the information in an alternate format when invoking Section 7 (9). Besides the queries do not lend themselves at all to using Section 11 or Section 7 (9). The PIO is directed to give the information to the appellant. He is also warned that denying information in this casual manner will invoke the penal provisions of Section 20 of the Act.

__________________________________________________________________________________

8. Extract from judgement dated 07-01-2010 of HIGH COURT OF JUDICATURE AT MADRAS in W.P.NO.20372 of 2009 and M.P.NO.1 OF 2009

Available at http://judis.nic.in/chennai/qrydisp.asp?tfnm=22544

“13. The other objections that they are maintaining a large number of documents in respect of 45 departments and they are short of human resources cannot be raised to whittle down the citizens' right to seek information. It is for them to write to the Government to provide for additional staff depending upon the volume of requests that may be forthcoming pursuant to the RTI Act. It is purely an internal matter between the petitioner archives and the State Government. The right to information having been guaranteed by the law of Parliament, the administrative difficulties in providing information cannot be raised. Such pleas will defeat the very right of citizens to have access to information. Hence the objections raised by the petitioner cannot be countenanced by this court. The writ petition lacks in merit.”

9. Judgement dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C)

_______________________________________________________

Happy RTIing

J. P. Shah 09924106490

COLLECTION OF INFORMATION UNDER RTI ACT

2010-03-05T15:35:00.000+05:30

NOTE ON COLLECTING AND COMPILING OF INFORMATION UNDER RTI ACT 2005

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.

[ Please also refer DoPT Office Memorandum dated 01-06-2009 appended at the end]
________________________________________________________________

Complaint No. CIC/WB/C/2007/00931
Appeal No.CIC/WB/A/2008/00886
Appellant - Mr. Muzibur Rahman
Respondent - Central Bureau of Investigation (CBI)
Decided on 28-08-2008
http://cic.gov.in/CIC-Orders/WB-28082008-06.pdf

Appeal No.CIC/MA/A/2006/00653 refers to a public authority not being expected to “create and generate afresh information ” where none exists, “because it is sought by an appellant”. Where the information already exists and the issue is simply compiling it to provide an applicant, it is quite clearly the responsibility of the CPIO who is expected to collate the existing information and provide it to the applicant, in the form ordinarily to be provided in which it is sought.
_________________________________________________________

Appeal No. CIC/WB/A/2007/00522 dated 1-4-2007
Appellant: Shri B. Madhusoodhanan Nair, Ernakulam
Respondent: Indian Rare Earths Ltd., Mumbai
Decision dated 26-09-2008
http://cic.gov.in/CIC-Orders/WB-26092008-03.pdf

Notwithstanding the above, however we are of the opinion after
discussing with CPIO that the information sought against question no. 4 of the RTI application will take not more than 2-3 days to compile since all that is required is 38 names together with their qualifications. Because appellant is facing difficulty in visiting the office of Indian Rare Earths Ltd. In order to inspect the files the CPIO has no objection to mailing this to him, which he has agreed to do.

CPIO Shri Sridharan will now compile and provide to appellant Shri
Madhusoodhanan Nair a summary of the list of candidates who applied against the said notification with their education qualification and experience and courier the same to him within 10 working days of the date of receipt of this decision notice.
_________________________________________________________

Appeal No. CIC/WB/A/2007/00999 dated 16-12-2006
Appellant: Shri Satya Narain Shukla, IAS (Rtd)
Respondent: Union Public Service Commission (UPSC)
Decision dated 08-05-2008
http://cic.gov.in/CIC-Orders/WB-08052008-02.pdf

Moreover, Section 7 (9) of the RTI Act clearly states that “an information should ordinarily be provided in the form in which it is sought1”. It is therefore, the duty of the CPIO to compile the information and provide it in the manner sought by appellant unless this would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
_____________________________________________________________

Complaint No.CIC/WB/C/2007/00345 dated 16.5.2007
Appellant - Sh. Karthik Jayashankar
Respondent - Ministry of Environment & Forests (MoEF)
Date of decision 18-02-2008
http://cic.gov.in/CIC-Orders/Decision_18022008_02.pdf

We agree with learned Counsel assisting appellant Ms. Lakshmi Jayashankar’s rejoinder quoted above that none of the grounds decided upon for denying information is valid. Under Rule 4 (a) of the RTI Act (Regulation of Fee & Cost Rules) 2005 which came into force on September 16, 2005 a fee is expected to be charged for each page “created or copied”, which indicates that all information held by or under the control of any public authority is accessible to the public as is covered by the ‘right to information’ defined in sec. 2(j), even when it needs to ‘collected’. This is, of course, subject to the exceptions laid down in sec. 7(1).
________________________________________________________________

DoPT OFFICE MEMORANDUM No. 10/2/2008-IR dated 01-06- 2009

www.rti.gov.in

“Attention is invited to clause (iii) of para 3 of this Department's OM of even number dated 12th June, 2008 on the above noted subject which, inter-alia, states as follows:

"It is beyond the scope of the Act for a public authority to create information. Collection of information, parts of which are available with different public authorities,
would amount to creation of information which a public authority under the Act is not required to do."

2. The Central Information Commission while deciding an appeal has observed that collection of information cannot amount to creation of information and desired that the above referred OM should be modified so as to avoid any confusion among public authorities.

3. The undersigned is directed to clarify that the OM dated 12.6.2008 does not propose to say that collection of information per se amounts to creation of information. The above referred statement has been made to emphasize that the public authority to whom the application is made is not required to collect information from different public authorities to supply it to the applicant.” [emphasis added]

___________________________________________________________

Compiled by J. P. Shah, Junagadh Gujarat 09924106490
03032010

NOT SATISFIED WITH DECISION OF INFORMATION COMMISSIONER?

2010-02-20T23:47:00.000+05:30

Large number of appellants/complainants is not satisfied with decisions of Information Commissioners [ICs]. However, since there is no provision of review of decisions of ICs at SIC or CIC level, the only remedy lies in filing a writ petition in High Court. This is costly, time consuming and outcome is also uncertain.

I suggest that whenever appellant/complainant is not satisfied with decision of an IC, he should represent the matter in personal name of concerned IC, with copy to Chief Information Commissioner and Secretary of DoPT, New Delhi and Head of Dept which oversees RTI act in the state. The representation should be detailed one, preferably drafted by experience RTI activist, with all supporting averments or earlier decisions of other SIC/CIC in similar matter.

If this is followed, it will have administrative, moral, positive and persuasive pressure on ICs to refine their future decisions and approach towards information seekers. They will realize that their decisions are being audited by public. Creation of record of defective decisions will also be a deterrent. Govt and Chief Information Commissioner can take administrative steps to correct the situation. There are small solutions to big problems. Little money, time and efforts will have salutary bearing on decisions of ICs, if large number of aggrieved citizens act against faulty decisions of ICs.

Draft of letter to be addressed is attached, which can be used with changes to suit each individual decision.

_______________________________________________________

FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________

Date: By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
_________ Information Commission
Address:
Email ID:

Hon’ble Sir,

Subject: Decision in Appeal/Complaint No. ____________

I thank you for your decision dated _______ in above appeal/complaint dated _______ relating to my RTI application dated _______ addressed to PIO of ___________[name of public authority].

Unfortunately, I am not satisfied with your above decisions because of following infirmities:

1.

2.

3.

The only remedy available to me is to file writ petition in High Court. I do not afford this remedy as it is costly, time consuming and frustrating. However as a citizen interested in good governance, I have deemed it fit to give you my humble feed back on your decision. I sincerely hope, this feed back will have positive effect on your future decisions in consonance with spirit and letter of RTI Act 2005.

I may also add that the basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people.

May GOD be with you always and every time to strengthen RTI for common man of this democratic country.

Yours faithfully,

[ ]

Copies by UPC & email to:

1. Chief Information Commissioner of CIC/SIC

2. Secretary,
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
Government of India
New Delhi, email id: secy_mop@nic.in

3. Secretary,
Dept or Ministry of State govt overseeing RTI in the State

GUIDELINES FOR INSPECTION UNDER RTI

2009-11-16T14:13:00.000+05:30

GUIDELINES FOR INSPECTION UNDER RTI

1. Even if you do not desire to carry out actual inspection of records, invariably make a request as under in RTI application:

“After receipt of information under this application, I intend to carry out actual inspection of records and obtain certified photocopies of records identified by me during inspection. I may be permitted such inspection.”

This will have deterring effect on PIO against providing false information.

2. If you are not very conversant with language of record or have any other disability, please also add following sentence in RTI application:

“I may also be permitted to seek assistance of one of my assistant/advocate/C.A. during inspection, as I am not fully conversant with the language in which your records are maintained. [refer decision dated 15-10-08 of Central Information Commission
in appeal No. CIC/WB/A/2007/00692-SM]”

3. When you get permission for inspection from PIO, FAA or Information Commissioner, send a letter by speed post to PIO stating list of records that you would like to inspect. Please also mention three tentative dates with time which would be convenient to you and also seek exact name, address, email ID and phone number of PIO.

4. On appointed day, visit the office well before fixed time with your assistant [if permitted] and with copy of relevant decision, photocopy of your photo ID proof [election card, PAN card, passport etc], digital camera, mobile [with recording facility], blank papers, carbon papers, note pad, blank CD, 20-25 paper flaps [ for putting in registers or files to identify papers], pen, pencil, copy of RTI Act and Rules etc.

5. Please make note of your visit and that of your assistant in register maintained at entry point or reception as now most of govt. offices are having such register. This will be proof of your visit at the fixed date and time.

6. Contact the PIO and request for inspection.

7. Ask PIO to prepare inspection slip for noting down date and time etc of commencing inspection and ending inspection and payment of inspection charges. Some offices have register for these details. If he insists that charges be paid in advance before commencing inspection as per tentative hours required for inspection, pay the amount against receipt and then start inspection.

8. Please insist that PIO or any other person from office should be present with you during inspection.

9. In case if sitting arrangement, lighting and air in the room are not conducive to inspection, inform PIO orally and in writing [if need be], with time and date.

10. Start inspection and whatever record you find worth obtaining certified photocopies, use your digital camera and put a paper flap.

11. Go on making notings in your note pad of what ever is necessary from record with page number and name of register or file etc.

12. In case despite all efforts you are not in a position to inspect, give in writing to PIO all the reasons and obtain his acknowledgement on copy then and there. Also inform personally or on phone to FAA.

13. If you need data from computers, ask PIO to provide assistance of office staff for accessing computer data. Note down details so that required information can be obtained in a CD. Do not operate office computer yourself.

14. Whenever you talk to PIO keep the audio recorder on in your mobile and ensure that conversation is recorded.

15. At the end of inspection or during it ask PIO that you need certified photocopies of record where flaps are kept and collect the same before leaving the office.

16. Once you end inspection, make entry into inspection slip or register with problems faced by you if any or that you want to continue inspection on next date. Put date and time and pay or seek refund of balance of inspection fees. Pay as per RTI rules applicable for central govt. or state govt. rules for inspection as the case may be.

17. In case certified copies or CDs are not provided before leaving the office, give a written request [against acknowledgement] with page numbers of record etc to PIO for certified copy.

18. Be cool, collected and courteous during entire visit and inspection. Thank all the staff and PIO if they have cooperated with you for inspection.

19. Do not write any thing on govt. record.

20. Next week mail a list of papers you require from PIO which have been identified by you during inspection, as a reminder. Pay the charges if papers are provided within 30 days of submission of RTI application.

21. If you face serious difficulties in inspection, file detailed written complaint with FAA or Information Commissioner [with copy to PIO in his name] and request for appropriate orders to facilitate proper inspection.

Happy officially inspecting of govt. records by a common citizen under RTI.

J. P. Shah, Junagadh [Gujarat] Cell: 09924106490

_______________________________________________________

“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi

IF PIO & FAA ARE NOT PENALISED BY IC

2009-10-30T14:36:00.001+05:30

Appellants or complainants have experienced that ICs order supply of information, but they do not penalize PIO or FAA. Under such circumstances I would request aggrieved appellants or complainants to address attached letter to concerned IC. Suitable changes can be made to suit individual case. If large numbers of information seekers address such letters, over a time it will have positive and desired effect. After all in democracy, numbers count.

_______________________________________________________

FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________
Date:

By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
Central Information Commission or State Information Commission
Address:
Email ID:

Hon’ble Sir,

Subject: Decision in Appeal/Complaint No. ____________

I thank you for your decision dated _______ in above appeal/complaint dated _______ relating to my RTI application dated _______ addressed to PIO of ___________[name of public authority]. You have kindly decided that information sought by me be supplied and same is awaited from PIO.

However, you have not imposed any penalty nor sought explanation of PIO or FAA despite there being following infirmities and violation of RTI Act 2005 by them:

1. There is delay in supply of information well beyond time limit mandated in the Act.

2. PIO has denied information for fabricated and untenable reasons, which were not upheld by the Commission.

3. FAA has not passed speaking order and has just concurred with PIO, thus he has failed in his quasi judicial duties.

4. FAA has not decided within time limit fixed under the Act.

5.

6.

I humbly invite your kind attention to section 20 of RTI Act which makes it obligatory on the part of Information Commissioner to impose penalty on PIO and FAA, once breach of provisions of the Act are on record. This has been further substantiated in judgement dated 28-04-2009 of Hon’ble High Court of Delhi in W.P. (C) 3845/2007 MUJIBUR REHMAN versus CIC.

In addition to above, PIO has committed breach of my consumer rights under Consumer Protection Act 1986, as decided by hon’ble National Consumer Disputes Redressal Commission, New Delhi in decision dated 28-05-2009 in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore]. There is deficiency in service and resorting to unfair trade practices

It has been experienced that PIO resort to filibustering tactics by assigning arbitrary and baseless reasons for refusing information, which do not withstand test at CIC/SIC. Lack of knowledge cannot be now treated as reasonable excuse after 4 years of existence of the Act. PIO and FAA are educated, experienced and well informed officers at senior level, and hence error of judgement is not possible in such a simple law.

I was forced to approach CIC/SIC, at heavy expenses [by way of postage, conveyance, computer print-outs] and information is inordinately delayed. My further legal or administrative action against PA has been delayed or rendered time barred. The entire avoidable exercise entails anxiety, tension on the part of information seeker. PIO and FAA happily escape punitive action and enjoy harassment of applicant. One of the reasons for heavy flow of complaints/appeals at CIC/SIC is that PIO and FAA know that they will not be penalized and information can be delayed inordinately, thus compelling citizen not to ever again invoke RTI Act in future and forget it. This will permanently defeat the intention of the legislature and collective will of the people of this country.

Thus by being soft towards PIO and FAA the Commission is increasing its own work load, making RTI Act less effective, causing avoidable expense, delay and frustration to citizen. The Commission in a way facilitates transgression of fundamental rights of citizenry under article 19.1.a. ICs by their soft approach become party to the grave sins and clandestine manipulations of PIO and FAA to frustrate the Act. For a common man ICs are guardians of RTI and fundamental right attached to it.

I therefore once again request you to issue show cause notice to PIO and FAA and penalize them for breach of provisions of RTI Act 2005, under advice to me. This will have all round cascading and positive effect on approach of PIO and FAA in future.

I may add that the basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people. May GOD be with you always and every time to strengthen RTI for common man of this democratic country.

Yours faithfully,

[ ]

Copy by UPC to:

PIO

FAA

ADDITIONAL REMEDY FOR INFORMATION SEEKERS

2009-09-14T18:26:00.002+05:30

ADDITIONAL REMEDY FOR INFORMATION SEEKERS

On 28-05-2009 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION [NCDRC] NEW DELHI, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore; has delivered landmark judgement concerning right to information of citizens. It is available at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html This has opened additional avenue for information seekers, in addition to RTI set up.

My inferences are now as under:

1. District Consumer Forum and State/National Consumer Commissions have jurisdiction to try complaints relating to deficiency in service concerning RTI.

2. Information seeker under RTI is a consumer of public authority under Consumer Protection Act 1986.

3. Non-supply of information or supply of defective, incomplete, misleading information, would amount to deficiency in service by the public authority under the Consumer Protection Act 1986.

4. Supply of information beyond time limit fixed by RTI Acts would also amount to deficiency in service by the public authority.

5. Public authority under RTI is a service provider under Consumer Protection Act 1986.

6. Information seeker should have paid fee while seeking information under RTI.

7. Information seeker under RTI can claim compensation and damages under the Consumer Protection Act.

8. Information seeker under RTI can obtain appropriate directions to the public authority from Consumer Forum/ Commissions under the Consumer Protection Act 1986, for removing deficiency in service.

9. Remedies under Consume Protection Act 1986 are in addition to remedies available under Right to Information Acts.

10. Provisions of Consumer Protection Act 1986 can reasonably be extended to first appeal since appeal is an extension of RTI application.

11. Payment of compensation, damages, expenses to information seeker is rarity under RTI Acts, while it is normally allowed under Consumer Protection Act 1986.

12. Applicants under earlier RTI Acts of various States and of Right to Information Act 2005 can avail this additional remedy against public authority.

13. Consumer Protection Act 1986 can also be invoked against SICs [specially for delay in decision] where fees are to be paid for second appeal/complaint. Some one can try this remedy against CIC and also SICs, where fees are not required to be paid for second appeal or complaint.

14. CIC and all SICs can be proceeded against under Consumer Protection Act 1986 for deficiency in supply of their own information.

15. Verbatim judgement of NCDRC referred above is available at post No. 25 at http://www.rtiindia.org/forum/1745-judgements-decisions-under-right-information.html?highlight=court+decisions.

16. RTI Act 2005 is also applicable to Consumer Forums, State and National Commissions!

Note: 1. Recently a SIC supplied information pertaining to its functioning sought by me on receipt of my notice under Consumer Protection Act 1986 claiming compensation and damages of Rs.25000/- and quoting above judgement of NCDRC. This SIC was not responding to my RTI application for nearly 11 months despite exhausting all remedies under RTI Act 2005 and complaining thrice to Chief IC and Governor of the State, who appoints ICs and Chief IC of SIC.

2. Consumer District Fora at Nagpur [in Dec 2010], Vijaynagaram [AP] on 21-01-2011 and Coimbatore [TN] on 07-04-2011 have ordered supply of information and compensation to applicant under RTI Act 2005. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest these two officers of State Govt.

J.P. Shah, Junagadh [Gujarat] 09924106490 jps50@sify.com

HOW TO ACCESS EXAM ANSWER SHEETS

2009-06-10T20:07:00.002+05:30

THE RIGHT TO INFORMATION ACT 2005

APPLICATION FOR OBTAINING INFORMATION

Date: ___ ___ By speed post

To,

PUBLIC INFORMATION OFFICER [PIO]
________________________________Board

Address:

1. Name of the Applicant: __________________

2. Full Address: ________________________________

Mobile No.__________________________________

Email ID_____________________________________

3. Particulars of information required:

My son/daughter/ward ______________ appeared for _____ standard exam of your board in the month of ______. Photocopy of mark sheet is attached for ready reference.

Please permit me and my above son/daughter/ward to inspect his/her answer sheet/s as well as other relevant records and also provide me certified photocopies of his/her answer sheet/s pertaining to following subjects:

A]

B]

4. Details of payment of filing fees:

5. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

6. Please also provide me file notings and action taken report on this application along with your reply.

7. Note: I am emphatically drawing your kind attention to:

A] 49 page judgement of 2 judge bench of Hon’ble High Court of Calcutta in M.A.T. No. 275 of 2008 in University of Calcutta & ors. Vs. Pritam Rooj which is available at http://www.judis.nic.in/Kolkata/Judge_Result_Disp.asp.

B] Judgement dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C)

C] Madras High Court judgement dated 16-09-2010 in R. Ramasamy v/s Dr. Ambedkar Law University.

Signature of Applicant

Authority:

I authorize and permit PIO, to supply information sought by my father/mother/guardian and also allow me and my father/mother/guardian to inspect relevant answer sheet/s and connected record as requested per this application. I waive notices under section 11 of RTI Act 2005. I am an Indian citizen.

Signature of examinee ___________________
_____________________________________________________

To enable you to take informed decision please refer:
Decision in Complaint No.CIC/AT/A/2007/01502 dated 24-10-08 available at www.cic.gov.in

Guidelines:

1. If the student has not completed 18 years of age, application has to be made by his/her father or mother or guardian to be on safer side. The student has to give consent only.

If student is above 18 years of age on date of filing application, he himself can file RTI application with relevant changes in above format or he can get it filed by his father/mother/guardian in above format by signing authority portion.

2. Please make payment of filing fee as per RTI rules of your state to which the examining board belongs.

CBSE is a central govt entity and for it you should pay Rs.10/- by postal order in favour of ACCONTS OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION. It should be payable at Delhi

3. Please use the format as prescribed by your state RTI rules or if not prescribed use above format. Do not omit reference to judgement of High Court of Calcutta in any format. Add it as a note.

4 Format and fee payment state-wise are available at www.rti.gov.in and also in guide section of www.rtiindia.org.

5. Address of PIO is available at RTI link on the website of concerned examining board.

6. Above format and procedure can be followed for University exams also with relevant changes.

7. If you do not get reply within 40 days of mailing this application or if the reply is not satisfactory, please immediately file first appeal by visiting:
http://www.rtiindia.org/forum/blogs/jps50/341-first-appeal-state-govts.html

Good luck.

RTI AND INDIAN PENAL CODE

2009-05-07T18:21:00.000+05:30

I am appending below sections 217 & 218 of Indian Penal Code 1860, which an RTI applicant/appellant or complainant can invoke in deserving cases against PIO, FAA OR INFORMATION COMMISSIONER. Even if these sections are just enclosed with application or appeals or complaint for kind information of addressee, it will have desired effect, since most of public servants are not aware of such provisions. In addition he now knows that you know, what even he does not know !

Section: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.

Section 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will there by save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.

Section 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.--Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will there by cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

ANDHRA PRADESH RTI RULES

2009-03-29T18:13:00.000+05:30

ANDHRA PRADESH RIGHT TO INFORMATION RULES

1. APPLICATION:

State rules do not provide for a format for application for seeking information under RTI Act 2005. Applicants can therefore use format annexed herewith.

2. FEES:

A] Application Fee:
• Public Authorities at Village level – NO FEE
• Public Authorities at Mandal level – Rs. 5.00
• All other Public Authorities – Rs. 10.00
• White card holders: NIL
Mode of payment:

• By Demand Draft or Banker’s Cheque or Indian Postal Order [IPO] in the name of “Accounts Officer, name of dept/office” to which application is submitted [e.g. “Accounts Officer, Municipal Corporation, Guntur”] payable at the place where application is filed.
• By affixing court fee stamp on the application [This mode should be preferred or IPO be used]
• By direct payment in cash against proper receipt of SPIO.

B] Other charges:

• Rs.2/- per page created / copied for A4 / A3 sizes;
• actual charges for larger paper;
• Actual cost / price for samples / models;
• For inspection of records : Rs.5/- per hour or part thereof.
First hour is free.
• Rs.100/- per CD, Rs.200/- per DVD
• Actual cost of books and other printed matter.
• Postage charges: actual
Charges can be paid in the mode stated under A supra

3. APPEALS:

a. Rules provide no format for first/second appeal or complaint.
b. No fees are charged for appeals/complaint.
c. Guidelines and suggested formats for appeals/complaint are available at following links:

FIRST APPEAL STATE:
http://www.rtiindia.org/forum/blogs/jps50/341-first-appeal-state-govts.html

SECOND APPEAL/COMPLAINT STATE:
http://www.rtiindia.org/forum/blogs/jps50/342-second-appeal-complaint-state-information.html

Second appeal/complaint should be addressed to the State Information Commission at following address.

4. ADDRESS OF STATE INFORMATION COMMISSION:

ANDHRA PRADESH Information Commission
Ground Floor, HACA Bhavan
Opposite Public Gardens,
Hyderabad 500004

CONTACT DETAILS:
Phone 040- 23230245/246 , 040- 23230607
Fax 040- 23230591
E-Mail: info.apic@gmail.com
Website: www.apic.gov.in

5. RTI ACTIVISTS IN A. P.:

Shri C J Karira
Secunderabad - 500026
Tel: 040-27733114, 27732227
Mob: 9848203583
email: karira@eth.net

Shri Srinivas Madhav
Centre for Good Governance
Hyderabad - 500 033
Mob: 9247159343
madhavsmadhav@yahoo.co.in

9. Format for RTI Application:
THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: ________ By speed/regd .AD post

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant:

2. Full Address [with phone No.]:

3. Particulars of information required:

4. Details of payment of filing fees:

5. Details of enclosures:

6. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

7. Please also provide me file notings and action taken report on this application along with your reply.

Signature of Applicant
_______________________________________________________

Short guidelines for applying:

1. Decide the exact information you desire to have with period etc. Do not ask questions. Seek information and copies of record relating to your matter.

2. Locate the exact SPIO/Asstt SPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to SPIO of concerned office or Head Office or ministry to whom the information may pertain. He will mail to correct SPIO within five days of receipt of your application.

4. Please pay application fee as prescribed above.

5. Attach self-attested photocopies of papers, which you think would help locate the information by SPIO.

6. Retain photocopy of entire set.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD.

9. Remit other charges promptly as mentioned above, if requested by SPIO.

10. If you do not receive reply within 40 days, including postal delay, from the date of mailing by you; prepare to file first appeal to the FIRST APPELLATE AUTHORITY. You have 30 days time from the date when information should have reached you, for first appeal.

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal.

12. It is advisable to consult local RTI NGO/activists/useful website like www.rtiindia.org for first and second appeals or complaint for better results.
_______________________________________________

Compiled on 28-03-2009 based on following G.Os.:

http://www.apic.gov.in/454.do
http://www.apic.gov.in/530.do
http://www.apic.gov.in/545.do
http://www.apic.gov.in/740b.do
http://www.apic.gov.in/G.O.Ms.No.66.do

RTI APPLICATION FOR STATE GOVT INFORMATION

2009-03-27T13:11:00.001+05:30

Format of RTI Application for Information of State Govts, where format is not prescribed under State RTI Rules:

Some states have prescribed format for RTI application under their RTI rules, which needs to be used for that state. Many states have not prescribed such a format. In such cases following format can be used.
__________________________________________________

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: ________ By speed/regd .AD post

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant:

2. Full Address [with phone No.]:

3. Particulars of information required:

4. Details of payment of filing fees:

5. Details of enclosures:

6. Please rush the information to me by speed/registered post.
I am an Indian citizen. Please reply in English.

7. Please also provide me file notings and action taken report on this application along with your reply.

Signature of Applicant
_______________________________________________________

Short guidelines for applying:

1. Decide the exact information you desire to have with period etc. Do not ask for questions. Seek information and copies of record relating to your matter.

2. Locate the exact SPIO/Asstt SPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to SPIO of concerned office or Head Office or ministry to whom the information may pertain. He will mail to correct SPIO within five days of receipt of your application.

4. Please pay application filing fee as prescribed in State RTI Rules, which are available state-wise at www.rti.gov.in

5. Attach self-attested photocopies of papers, which you think would help locate the information by SPIO.

6. Retain photocopy of entire set.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD and official acknowledgement if received.

9. Remit charges if requested by the SPIO towards photocopying etc.

10. If you do not receive reply within 40 days, including postal delay, prepare to file first appeal to the FIRST APPELLATE AUTHORITY. You have 30 days time from the date when information should have reached you, for first appeal.

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal.

12. It is advisable to consult local RTI NGO/activists/useful website like www.rtiindia.org for first and second appeals or complaint for better results. Consultation is normally free as a social service.

SECOND APPEAL/COMPLAINT FOR STATE INFORMATION

2009-03-27T12:54:00.001+05:30

The Right to Information Act, 2005

Appeal/Complaint before

STATE INFORMATION COMMISSION

To,
State Chief Information Commissioner
State Information Commission, ________State
________________________________________

________________________________________

As I am aggrieved by decision/ NO decision of Public

Information Officer and/or First Appellate Authority, I hereby

file this appeal/complaint for your kind decision.

1. Details of appellant/complainant

1.1 Full Name:

1.2. Full Address:

1.3 Phone/Cell No.:

1.4 Email ID:

2. Details of PIO:

2.1 Designation:

2.2 Full Address:

2.3 Name of Public Authority:

3. Details of First Appellate Authority [FAA]:

3.1 Designation of the FAA:

3.2 Full Address of FAA:

4. Dates of RTI application/first appeal:

4.1 To CPIO: ________ & mailed on: _________

4.2 To FAA: ________ & mailed on: _________

5. Particulars of Decisions:

5.1 Reference No & Date of PIO’s Decision:

5.2 Reference No & Date of FAA’s Decision:

5.3 Date/s of personal hearing by FAA:

6. Dates of receipt of replies by appellant/complainant from:

6.1 PIO:

6.2 FAA:

7. Details of information sought:

as per enclosed RTI application.

8. Brief facts of the case:

9. Reasons/grounds for this appeal / complaint:

10. Any other information in support of appeal/complaint:

11. Prayer/relief sought for:

A] Full and correct information be ordered to be supplied immediately by registered post at my address.

B] Information be now supplied to me free of cost.

C] PIO be advised to permit inspection of record, as requested by me. [if applicable]

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

12. Grounds for prayer/relief sought for:

13. Personal Presence at hearing: YES / NO

14. Payment of fee [ if prescribed in State RTI Rules] :
Fee of Rs. ____for filing second appeal/complaint is paid as under:

IPO/Bank DD No.________/court fee stamps/non-judicial stamps

Declaration: I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Place: Date: Signature of appellant/complainant

INDEX OF APPEAL/COMPAINT
of Mr._________________ dated ________with SIC

Particulars Page Sr. No. from/ to

1. Original second appeal/complaint

2. Chronology chart

3. Copy of RTI application dtd____
with its enclosures.

4. Copy of proof of mailing RTI application

5. DD/IPO/PS/Cash receipt for filing fees
and other charges.

6. Copy of first appeal dtd.____ with its enclosures

7. Copy of proof of mailing first appeal

8. Postal A.D. card/Acknowledgement letter,
received from PIO & FAA

9. Copy of decision of PIO dated________

10 Copy of decision of FAA dated________

11. Proof of mailing complaint/second
appeal to PIO and FAA

12. Other documents in support:

13. Index

Signature of appellant/complainant

CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.__________________________ dated ________

Action Date

1. Application mailed to APIO/PIO on

2. Application received by APIO/PIO on

3. Date of receipt of letter for paying charges

3. Date of remitting charges to PIO

3. Date of decision of PIO

4. Date of receipt of decision of PIO
by appellant/complainant

5. First appeal mailed to FAA on

6. Date of receipt of appeal by FAA

7. Date/s of personal hearing by FAA

8. Date of decision of FAA

9. Date of receipt of decision of FAA
by appellant/complainant

10. Date of Second Appeal/complaint

11. Date of mailing copy of second
appeal/ complaint to PIO & FAA

12. Date of mailing Second Appeal /complaint to SIC

Signature of appellant/complainant

Guidelines for filing second appeal/complaint with SIC

1. Few state information commissions [SIC] have prescribed format for second appeal or complaint. Please check from www.rti.gov.in for state-wise details. If format is prescribed, please use the same. Otherwise above form can be used.

2. l in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”. Get it typed in double space.

3. Get one photocopy of:
• Original application under RTI with its enclosures
• First appeal with its enclosures
• Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee and other charges
• Copy of demand letter of PIO for charges if any
• Postal proof of mailing original application and first appeal
• Postal AD slips received from PIO and FAA [if received]
• Decisions of PIO and FAA if received.

4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is one original set of second appeal/complaint.

5. Prepare additional four sets as above by photocopying.

6. Sign each page of appeal, index and chronology chart [all five sets].

7. Self attest all the photocopies by signing under the word “Self Attested”

8. Send one set by UPC post to each of PIO and FAA and attach photocopy of UPC of mail to original, extra copy of second appeal/complaint and your copy after filling details in index/chronology chart.

9. Mail original set and one extra copy of set by Speed AD to the commission. Address can be had from www.rti.gov.in

10. Email to SIC. Details can be obtained from website of concerned SIC, by visiting www.rti.gov.in.

11. Retain one set for your record and reference, with proof of mailing and AD received from SIC/PIO/FAA for having received second appeal/complaint.

12. Track progress of your appeal/complaint by visiting tracking system at the website of SIC.

13. Speed post can be tracked and copy of delivery details can be downloaded from www.indiapost.gov.in. Please retain these details for further reference to SIC.

14. Few states have mandated small fee for second appeal. Please visit RTI Rules of the state by referring to www.rti.gov.in and pay the same. Fill in details of payment in the above format.

Note: Unless you are well versed with RTI, it is advisable to consult local NGO/RTI activist for filing first or second appeal to have better result. Services are normally free.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat. 09924106490
27032009

“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi.

FIRST APPEAL FOR STATE INFORMATION

2009-03-27T12:52:00.001+05:30

FORMAT FOR FIRST APPEAL FOR INFORMATION OF STATE WHERE STATE RTI RULES DO NOT PRESCRIBE FORMAT FOR FIRST APPEAL

________________________________________________________

The Right to Information Act, 2005

First Appeal

Date:

By Registered AD post.

To,

The First Appellate Authority under RTI Act
Dept/Office___________________ _______________________

Sir,

As I am aggrieved by decision/no decision of Public

Information Officer, I hereby file this appeal for your kind decision.

1. Details of appellant

1.1 Full Name :

1.2. Full Address :

1.3 Phone/Cell No. :

1.4 Email ID :

2. Details of PIO:

2.1 Name/Designation:

2.2 Full Address :

2.3 Name of Public Authority:

3. Details of RTI application to PIO:

Date of Application________

Mailed on: _________

by registered/speed post No.________/hand delivery.

Date of receipt by PIO:______________

4. Particulars of payment of appeal filing fee:

Paid Rs. ______by Court fee stamp/non- judicial stamp/IPO/Bank

D.D.No _________

[Please refer guideline No. 4 at the end]

5. Details of information sought:

As per enclosed RTI application

6. Particulars of Decision of PIO:

Letter reference No _________________dated________

Date of receipt of decision by the appellant: ___________

7. Brief facts of the case:

8. Reasons/grounds for this appeal:

9 Any other information in support of appeal:

10. Prayer/relief sought for:

A] Full and correct information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] PIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

11. Grounds for prayer/relief sought for:

12. Personal Presence at hearing: YES / NO

13. Enclosures: Photocopies of original RTI application with its enclosures, postal proof of mailing, self attested decision letter of PIO [if received], Original IPO/DD for appeal filing fee.

14. Declaration:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with any information commission nor is pending with any Court or tribunal or authority.

Place: Signature of Appellant

P.S. For informed decision on appeals please refer: 1. Office memorandum No. 10/23/2007-IR dated 09-07-2007 issued by DoPT, Govt. of India and 2. Decision No. CIC/AT/A/2007/01502 dated 24-10- 2008 of CENTRAL INFORMATION COMMISSION New Delhi. Thank you, Sir.

______________________________________________________

Guidelines for filing FIRST APPEAL for State Govt. Information

1. This format has to be used where State RTI Rules do not prescribe format for first appeal. State-wise details are at www.rti.gov.in. Majority of states have not mandated such form, but if it is prescribed, that form should be used. If in doubt, use the above form, which is exhaustive.

2. First appeal has to be filed within 30 days from date of receipt of decision of PIO by the applicant with First Appellate Authority [FAA].

If no reply is received within 30 days [35 days if application is lodged with APIO] from the date of receipt by PIO [APIO], then first appeal has to be filed within 30 days from the date when reply was due from PIO.

2. Find out designation and address of first appellate authority from the decision letter of PIO. If no reply is received, visit the web-site of the govt. dept/office/undertaking and refer RTI icon for these details.

3. Despite above efforts, if you are not in a position to locate details of FAA, address your first appeal as under:

The First Appellate Authority under RTI Act 2005
C/O. Head of _______________Dept/office

and mention address of PIO’s dept/office

4. Some states [like Maharashtra etc] have fixed fee for filing first appeal. For state-wise amount and mode of payment of fee please refer www.rti.gov.in

5. All photocopies of enclosures mentioned in the appeal should be self-attested by the applicant under the word ‘Self Attested’ and his full signature.

6. Retain one set of appeal and postal receipt and AD receipt.

7. You can deliver personally also, but mailing by regd. ad/speed post is preferable. Couriers should be avoided.

8. FAA has to decide within 30 days from the date of receipt of first appeal. You can file second appeal with Central Information Commission, New Delhi within 90 days from the date of receipt of decision of FAA or from date when it was due, if no reply is received.

9. FAA is a senior officer in the office/dept of PIO.

Thanks. Happy RTIing!

Jitendra P. Shah, Junagadh-Gujarat 09924106490
27-03-09

HARYANA RTI RULES

2009-03-27T12:50:00.002+05:30

HARYANA RIGHT TO INFORMATION RULES 2005

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is annexed herewith.

2. FEES:

A. Application fee: Rs.50/- to be paid by bank’s demand draft or pay order or Indian Postal Order [IPO] or in cash against receipt or through treasury challan. Applicants holding BPL certificate need not pay any application fee.

Payment by IPO should be preferred being cheap and convenient. IPO should be in favour of “Accounts Officer, [mention name of public authority i.e. govt dept/organization etc]” and should be made payable at the place where application is sent.

B. Other charges: Information in A-3 or A-4 size paper….Rs.10 per page, Large size: actual cost, publications: actual cost. CD Rs.100/- per CD. Inspection: Rs.10/- each fifteen minutes or part of it, with first hour free.

3. APPEALS:

Rules do not provide for formats for first appeal, second appeal/complaint. No fees are charged for appeals.
Suggested formats for appeals/complaint are annexed hereunder.

4. Address of State Information Commission, Haryana:

State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.

5. Contact details of Commission:
Telephone No. 0172-2726568, Fax No. 0172-2783834
Website: http://cicharyana.gov.in/

6. NGO/Individuals active in HARYANA for RTI:

Pardeep Singh Rapria, Advocate
State President cum Legal Advisor,
HARYANA NYAY MANCH
Mobile in Delhi : +-91-9999212148
Mobile in Haryana:+ -91-9896040307
______________________________________________________

7. HARYANA State Format for RTI Application:

The Right to Information Act, 2005

Form A [See rule 3 (1)]

To
The State Public Information Officer/
State Assistant Public Information Officer,
(Name of the office with address)

1. Full name of the applicant:

2. Address:

3. Particulars of information required:-
(i) Subject matter of information*
(ii) The period to which the information relates**
(iii) Description of the information required***
(iv) Whether information is required by post or in person
(the actual postal charges shall be included in addition to the fees.)
(v) In case by post (Ordinary, Registered or Speed)

4. IPO No. ____________for Rs.50/- is enclosed.

Place :

Date:

Signature of the Applicant.

* Broad category of the subject to be indicated (such as Grant/Government land/ Service matters/Licenses etc.)
** Relevant period for which information is required to be indicated.
*** Specific details of the information are required to be indicated.
ACKNOWLEDGEMENT
Received your application dated _______________ ,-- vide Diary No.______________ dated _____________ .
(Signature)
State Public Information Officer/ State Assistant Public Information Officer, Name of the Department/Office
_____________________________________________________

8. HARYANA State Format for First Appeal:

The Right to Information Act, 2005
First Appeal

Date:______________

To
The Appellate Authority By regd AD post
(Department/office)………………

Sir,
As I have not received any decision/As I am aggrieved by the decision of the Public Information Officer…………, I hereby file this appeal. The particulars of my application are as under:

1. Name of the appellant :
2. Address of appellant :
3. (A) Designation of the State Public Information Officer :
Address of State Public Information Officer:
(B) Department/office and address :
(C) Particulars of the decision against which the
appeal is preferred including the No. &
Date of such decision.
4. Date of application submitted in the Form A :
5. Details of Information sought: as per enclosed form A
6. Reasons for Appeal:
7. Brief facts of the case.
8. Prayer/relief’s sought for :

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

9. Enclosures: Self attested copies of RTI application, reply of SPIO [if received], postal proof of mailing RTI application.

I hereby state that the information and particulars given above are true to the best of my knowledge and brief.

Place Signature of Appellant

___________________________________________________

9. HARYANA State suggested format for second appeal/complaint:
SEOND APPEAL/COMPLAINT
TO STATE INFORMATION COMMISSION, HARYANA

Date: By speed post AD

To,
State Chief Information Commissioner,
State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.

Respected Sir,

As I have not received any decision/As I am aggrieved by the decision of the PIO & First Appellate Authority, I here by file this second appeal/complaint for your kind consideration. The particulars are as under:

[1) Full name of the Applicant :

[2] Address of Applicant with
phone No. and email ID if any :

(3) Name and address of StatePublic Information Officer:

No. and date of reply if received:

(4) Name and address of the First Appellate Authority:

No. and date of reply if received:

[5] Date of receipt of order of
first appellate authority :

(6) Particulars of information sought- as per enclosed RTI application

(7) Brief facts and grounds for appeal:

[8] PRAYER/Relief:

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

(9) Enclosures: Self attested photo copies of the following documents :

A. Application in form A dated________ with its enclosures if any,
B. Reply dated ________of PIO if received, C. First Appeal dated ________D. Reply dated_______ to first appeal, if received, E. Postal proof of posting of Form A and first appeal.

[10]. Verification: I the undersigned hereby state that the information and particulars given here-in-above are true to the best of my knowledge and belief.

Place : Signature of Appellant/Complainant