RTI NEWS

Rejection of RTI application not proper on the ground of the addressee for the IPO not being correct: CIC
Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists
CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report
More …

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Rejection of RTI application not proper on the ground of the addressee for the IPO not being correct: CIC

April 12, 2017 : Dtf.in
In the case of a complaint/second appeal, Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) has decided that it was not proper on part of the CPIO, EPFO, Mumbai, to reject the RTI application on the ground that name of the addressee for IPO was not correct.
The appellant had filed two RTI applications dated 01.02.2016 and 04.02.2016, seeking information about the recovered amount by M/s. Shogun Organics Ltd. She had sought to know the reasons on her application seeking withdrawal of her PF amount and why the same was not immediately disbursed; details with regard to copy of appeal memo filed by M/s. Shogun Organics Ltd. upon APFC, Kandivali through eight and nine points, respectively. The CPIO rejected the RTI appeal by giving the reason that the complainant had not paid RTI application fee and requested to submit fresh application along with the requisite fee. Being dissatisfied by the decision, the appellant filed second appeal before the Hon’ble Commission.
The Information Commissioner has, inter alia, decided that it was not proper on the part of the PIO “to reject RTI application on the ground that name of the addressee for IPO was not correct.” The Information Commissioner further decided as under:-
“Besides rejecting the CPIO spent around Rs.100/- Rupees in demanding another IPO in name of correct addressee. In fact the appellant has already paid Rs.10/- to Govt. of India when he purchased the IPO. Both common sense and prudence does not justify spending Rs. 100/- asking for Rs.10/-. If PIO had furnished information and along with that had he asked for properly addressed IPO, there could have been justification for spending Rs.100/-. The Commission records its admonition against the CPIO for such rejection and warns the public authority not to reject RTI applications in this manner. …”
The Commission directed the concerned officers to show cause why maximum penalty should not be imposed upon each of them for unnecessarily rejecting RTI application and for not providing information to the appellant, The respondent authority was also directed to provide complete information.

More: CIC Decision dated 05.04.2017 on the Second Appeal filed by Sucheta Sureshkumar Vs. PIO, EPFO, Mumbai

Income Tax return leaked, Information Commission orders inquiry

Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists

Scroll.in
Apr 04, 2017
After five years, the Union government has decided to update the rules for the implementation of the Right to Information Act, which was passed by the Congress-led United Progressive Alliance regime in 2005 to provide a transparent mechanism for citizens to access information.
The Department of Personnel and Training, the nodal department enforcing the Act, put up the draft rules on its website last week, seeking feedback from the public by April 15. The idea behind the revamp of the rules is to simplify the process of obtaining information. However, certain changes proposed in the new draft rules have not gone down well with transparency activists, who fear it may end up as a tool to intimidate them and discourage citizens from using the law. …

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CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report

March 13, .2017 : Dtf.in
New Delhi. The Chief Passport Officer has been directed by the Hon’ble CIC, inter alia, to lay down clearly articulated policy, shared with general public, for re-verification of police report. The Hon’ble CIC’s order was passed while deciding the second appeal from an RTI applicant who had applied for issuance of a new passport.
The respondent participated in the hearing through counsel in person. The appellant did not participate in the hearing.
In the order passed on March 08, 2017, the respondent was directed to provide to the appellant the information in context of his RTI application within 30 days of the said order. The Respondent CPIO was directed to show cause why action should not be taken against them for contravening the provisions of the RTI Act including not giving correct information, within 30 days of the said order. Further, the Chief Passport Officer was “directed to issue directions to all offices for:
(i) Invariably giving point-wise replies to RTI application.
(ii) Specific deficient documents should be clearly mentioned.
(iii) If an adverse police report is received, its copy should be sent to applicant immediately for his comments.
(iv) Clearly articulated policy, shared with general public, for re-verification of police report should be laid down.” The time granted for compliance is “within 30 days”.

The above information is subject to the Disclaimer of Dtf.in.

Information on consumer amenities must be given under RTI: CIC

Timesofindia.indiatimes.com
Mar 9, 2017
CHENNAI: Data on the number of toilets, water supply, electricity and number of counters provided for transactions of receipts and withdrawals in a bank branch cannot be denied under the Right to Information Act.
This is the gist of a ruling by the Central Information Commission (CIC) recently, in response to an RTI petition filed by Chennai-based consumer activist, T Sadagopan, who, in 2015 had filed an RTI petition with the Avadi branch of Bank of India (BoI). …

Cooperative Banks within the purview of the RTI Act: Bombay High Court

March 3, 2017 : Dtf.in
It has been held by the Aurangabad bench of the Bombay High Court that co-operative institutions “need to supply” information to any “public authority” established under the Cooperative Societies Act. The petitioners had sought exemption under the RTI Act, 2005.
In para 10 of their judgment dated February 13, 2017, in the case of Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. State of Maharashtra & Ors., Hon’ble Bombay High Court has decided as under:-
“The provisions of the Maharashtra Cooperative Societies Act if read with the definition of information given in section 2(f) of the Act, it can be said that everything which is mentioned in the definition of information needs to be supplied  by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of ‘public authority’ given in section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Register and his subordinate officers are appointed under the Cooperative Societies Act and they have the control over the aforesaid things. In view of these circumstances, the observations made by the Apex Court in the paragraphs already quoted can be used safely when the information is sought from the authority like Register or his subordinates under the Cooperative Societies Act. Thus, the reliefs claimed in the present petition cannot be granted as the reliefs can be used directly or indirectly by the cooperative institutions to deny the supply of the information. The circumstances that the other matters were allowed by this court, other Bench of this Court, cannot come in the way of giving present decision by this Court as the decision of the Supreme Court was not there when other matters were decided by this Court. This Court holds that no relief which is claimed in the present petition can be given to the petitioner. The previous interpretation made by this Court is not correct interpretation in view of the law laid down by the Apex Court. In the result, the petition stands dismissed.”

More: Cooperative Banks/Societies within the ambit of RTI Act –  Bombay HC Judgment dated 13.02.2017 – Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. The State of Maharashtra & Others [Section 2(h)]

Housing societies bound by RTI Act, must share info: Court

The petitioner had argued before the court that cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960 cannot be treated as `public authority’ under sections 2(h) and 8 of the RTI Act
Economic Times
March 02, 2017
Cooperative institutions, including around 75,000 housing societies in the Mumbai metropolitan region, can no longer refuse to share records under the Right To Information (RTI) Act with the Aurangabad bench of the Bombay high court ruling that these establishments come under the purview of the transparency legislation. …

HC quashes CIC order asking BCD to give minutes of meetings

India.com
February 15, 2017
New Delhi, Feb 15 (PTI) The Delhi High Court has set aside a CIC order directing the Bar Council of Delhi (BCD) to provide the minutes of all meetings held by it from April 2010 till March 2015 and its sources of income.
Justice Sanjeev Sachdeva said the Central Information Commission (CIC) “fell in error” in issuing the direction to put all such information in public domain as the minutes of meetings would contain “confidential personal information and information received in fiduciary capacity”. …

Frivolous queries irk officials

Timesofindia.indiatimes.com 
Feb 08, 2017
AURANGABAD: Several government and semi-government officials here said they have become familiar with some persons, who habitually file RTI applications. They claimed that a closer scrutiny of such applications would reveal that the whole purpose of filing the Right To Information pleas contravenes the purpose of the transparency Act. …

Students can now seek ICSE answer sheets, re-evaluation: Info panel

Timesofindia.indiatimes.com
Feb 6, 2017
MUMBAI: The Central Information Commission (CIC) has brought the private Council for Indian School Certificate Examinations (CISCE) board under the purview of the RTI Act. The ruling came after the appellant’s request for copies of his son’s ICSE exam answer sheets for six subjects was turned down. Kaushik’s father had applied for rechecking of his son’s papers, but CISCE norms only allow the verification of marks at a fee of Rs 4,000 for all papers. …

Top law officer out of RTI ambit: HC

Telegraphindia.com
New Delhi, Feb. 3 (PTI): The office of the attorney-general of India does not come under the Right to Information Act as it is not a “public authority”, Delhi High Court ruled today.
The verdict by a division bench of Chief Justice G. Rohini and Justice Jayant Nath came on an appeal by the Centre challenging the decision of a single judge who had held that the AG’s office is a public authority under the ambit of the transparency law. …

More than 60 per cent CIC orders flawed: study

Dnaindia.com 
Mon, 30 Jan 2017
It was conducted by the Research, Assessment and Group (RAAG) and Satark Nagrik Sangathan, which look after the implementation of RTI
More than 60 percent of the central information commission (CIC) orders are “deficient” in terms of “recording critical facts” and “grounds for decision of the IC and the basis thereof.” …

CIC has no power to order jail authorities reg compensation: HC

Business-standard.com 
January 27, 2017
Central Information Commission (CIC) does not have the power to direct Tihar Jail to develop a system of compensating inmates who have been incarcerated beyond their period of sentence, Delhi High Court has held.  …

Central Information Commission order on Narendra Modi degree stayed by Delhi HC

Timesofindia.indiatimes.com
Jan 24, 2017
NEW DELHI: The Delhi high court on Monday stayed till April 27 a Central Information Commission order asking Delhi University to allow inspection of records of all students who cleared BA examination in 1978, which includes prime minister Narendra Modi. …

Man uses RTI to prove his wife is employed

Timesofindia.indiatimes.com
Dec 24, 2016
LUCKNOW: Settling family disputes through RTI is a trend not new to UP State Information Commission (UPSIC). The latest to have reached the commission is from Meerut. The case pertains to a harried husband.
The man has filed a complaint in the commission and said he is being harassed by his wife. He has urged to provide him the information he has sought under the Right to Information (RTI). The information, he said, if given, would be of extreme help. …

CIC directs Railway Board to amend the rules for copying charges under RTI

Dec 14, 2016 : Dtf.in
New Delhi. The Central Information Commission has, on December 5, directed the Railway Board to stop charging Rs 750 per page for photocopying and follow the provisions of the RTI Act and Rules. Under the RTI Act, Rs. two per page has been fixed for photocopying. The appellant did not participate in the hearing.
The respondent stated that the appellant was asked to deposit copying fee Rs. 750/- for reservation chart as per Railway Rules but the appellant did not respond to that letter. The appellant filed 2nd appeal before the CIC.
Hon’ble CIC, in its order, directed the Railway Board to take steps to amend the rules regarding copying charges suitably to bring them in conformity with the letter and spirit of the RTI Act and Rules.

Disclose details of corrupt officials: Info panel to govt

Order issued on an application by Rohtak-based RTI activist 
Tribuneindia.com
Rohtak, December 5, 2016
Efforts of a Rohtak-based RTI activist to get details about the involvement of IAS, HCS, IPS and HPS officers in corruption cases finally seem to be bearing fruit.
The Haryana government as well as the State Information Commission had earlier refused to furnish the information sought by the applicant under the RTI Act. The applicant then moved the Punjab and Haryana High Court, which directed the commission to reconsider the matter. …

Right of retired employee & RTI

Thehansindia.com
Nov 29,2016
Two issues show the inefficiency in the system– non-filling of the vacancies and not giving pension and other benefits on the day of retirement. …

Citizens To File Information Commission Complaints, Appeals Online

Ndtv.com
November 04, 2016
New Delhi:  Right To Information or RTI applicants will soon be able to file complaints and appeals with Central Information Commission (CIC) online.
Home Minister Rajnath Singh will inaugurate the two-day annual convention of the CIC on Monday, during which he will launch the ‘e-Court’ system – aimed at enabling speedy disposal of appeals and complaints by using digital technology. …

Make public report on aviator death: CIC

Timesofindia.indiatimes.com
Sep 28, 2016
NEW DELHI: The Central Information Commission (CIC) has directed the Navy to make public the inquiry report on the death of Lt Cdr Rahul Nair during a 2010 air show even as it pulled up officials for their “cavalier attitude”. In a strongly worded order, information commissioner D P Sinha said that it appeared as if an “attempt has been made to protect the interest of the defaulters and that certainly does not out-weigh the interest of the soldier who lost his life in such an accident”. …

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets

Enaindia.in 
New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.

According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …

Compensation to be paid by teacher, school if kids subjected to corporal punishment 

July 25, 2016 : Dtf.in

The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law.
As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted.
The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.”
The Information Commissioner has, inter alia, passed the following order:-

“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”

See CIC Order dated 22.07.2016 >>> CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow
[Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] >>> CIC Decisions

High Court seeks Centre’s reply on notary’s plea against CIC order

India.com
In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal.
July 7, 2016
New Delhi, Jul 7 : Delhi High Court has sought the Centre’s response on a notary’s plea challenging Central Information Commission’s (CIC) order declaring her to be a deemed Public Information Officer (PIO) and imposing a fine of Rs 25,000 for not furnishing records sought under RTI. Apart from the Centre, Justice Sanjeev Sachdeva also issued notice to the RTI applicant, who had under the Right to Information Act (RTI) sought details of attestations made by the notary from 2008 to 2013, seeking his reply by the next date of hearing on July 13. In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal. …

Govt asks all departments to upload report cards on websites every month

Hindustantimes.com
Jun 27, 2016
This small step could go a long way to raise the transparency bar.
The Modi government has told all central departments to go public with a report card of its activities and achievements on a monthly basis. …

Coming soon: IGNOU to offer diploma course on Right to Information

Hindustantimes.com
Jun 11, 2016
In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. …

Private colleges, schools under RTI ambit

Tribuneindia.com
Shimla, June 9, 2016
To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …

CIC wants RTI activist punished for misuse of law

Timesofindia.indiatimes.com
Apr 21, 2016
NEW DELHI: In an unusual move, the Central Information Commission (CIC) has recommended action against an RTI applicant for misusing the law to harass his colleagues in a Delhi college.

CIC bans appearance of lawyer, HC stays order

Timesofindia.indiatimes.com
Apr 3, 2016
New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …

Central Information Commission does away with need of hard copies for online appeals

Zeenews.india.com  
March 15, 2016
New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …

Don’t disclose students’ information without consulting parents: CIC    

Zeenews.india.com
In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future.
January 26, 2016
The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …

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Real Estate Act comes into force from tomorrow; A new era begins, says the Government

 

Go to NEWS.

Real Estate Act comes into force from tomorrow; A new era begins, says the Government

“Ongoing and new projects shall be registered with Regulatory Authorities by July end
Model Regulations issued by the Government
Regulation of real estate sector becomes a reality ending nine year wait
April 30, 2017
Ending the nine year long wait, regulation of real estate sector involving over 76,000 companies across the county becomes a reality from tomorrow i.e May 1, 2017 with the Real Estate (Regulation & Development) Act,2016 coming into force.
With all the 92 Sections of the Act coming into effect from tomorrow, developers shall get all the ongoing projects that have not received Completion Certificate and the new projects registered with Regulatory Authorities within three months i.e by July end. This enables the buyers to enforce their rights and seek redressal of grievances after such registration.
Minister of Housing & Urban Poverty Alleviation Shri M.Venkaiah Naidu in his tweets on the occasion said today; “Real Estate Act coming into force after a nine year wait marks the beginning of a new era making buyer the King while developers benefit from the confidence of the King in the regulated environment. Prime Minister Shri Narendra Modi’s personal interest in the matter made the Act a reality now. The Act ushers in the much desired accountability, transparency and efficiency in the sector with the Act defining the rights and obligations of both the buyers and developers. This important legislation gained momentum under this Government and could see the light finally”.
Ahead of the Act coming into force, Ministry of Housing & Urban Poverty Alleviation has formulated and circulated Model Real Estate Regulations for adoption by the Regulatory Authorities in the States/UTs. Under these Regulations, developers are required to display sanctioned plans and layout plans of at least 3 feet X 2 feet size at all marketing offices, other offices where properties are sold, all branch offices and head office of the promoters in addition to the site of project. Real Estate Regulatory Authorities may take decisions on all issues preferably through consensus failing which through voting with Chairman using Casting Vote in case of a tie. There shall be quorum for the meetings of the Regulatory Authorities and if a meeting is adjourned due to lack of such quorum, such meeting can take place without quorum. Members of Regulatory Authorities shall declare interest if any in the matters coming up for discussion and shall not participate there in.
Some of the major provisions of the Act, besides mandatory registration of projects and Real Estate Agents include:
1.Depositing 70% of the funds collected from buyers in a separate bank account in case of new projects and 70% of unused funds in case of ongoing projects;
2. Projects with plot size of minimum 500 sq.mt or 8 apartments shall be registered with Regulatory Authorities;
3.Both developers and buyers to pay the same penal interest of SBI’s Marginal Cost of Lending Rate plus 2% in case of delays;
4.Liability of developers for structural defects for five years; and
5. Imprisonment of up to three years for developers and up to one year in case of agents and buyers for violation of orders of Appellate Tribunals and Regulatory Authorities.
Further to several rounds of consultations, the Ministry of HUPA has made several and substantial changes in the Real Estate Bill that was first introduced in the Rajya Sabha in 2013 to make the final Act more effective towards promotion of the sector.
At the time of passing of the Bill in Rajya Sabha in March last year, there were 76,044 companies were operating in the real estate sector including 17,431 in Delhi, 17,010 in West Bengal, 11,160 in Maharashtra, 7,136 in Uttar Pradesh, 3,054 in Rajasthan, 3,004 in Tamil Nadu, 2,261 in Karnataka, 2,211 in Telangana, 2,121 in Haryana, 1,956 in Madhya Pradesh, 1,270 in Kerala, 1,202 in Punjab and I,006 in Odisha.
As per industry information, between 2011 and 2015, real estate projects in the range of 2,349 to 4,488 projects were launched every year amounting to a total of 17,526 projects with a total investment of Rs.13.70 lakh cr in 27 cities including 15 State capitals. About ten lakh buyers invest every year with the dream of owning a house.
Chronology of events leading to regulation of real estate sector including both residential and commercial segments from May 1, 2017:
1.May,2008: Ministry of HUPA first prepared a Concept Paper on regulation of real estate sector and a model law for legislation by States/UTs;
2. Conference of Ministers of Housing in 2011 suggested a central law for regulation of real estate sector;
3.July, 2011: Ministry of Law & Justice too suggested central legislation for regulation;
4. June,2013: Union Cabinet approved Real Estate Bill, 2013
5. August, 2013: Real Estate Bill was introduced in Rajya Sabha and was referred to Standing Committee;
6. February, 2014: Report of Standing Committee was laid on the Tables of both Houses of Parliament;
7. February, 2014: Attorney General upheld validity of central law for regulation of the sector
8. April,2015: Union Cabinet approved official amendments based on recommendations of Standing Committee;
9. May, 2015: Matter referred to the Select Committee of Rajya Sabha
10. July, 2015: Report of Select Committee tabled in Rajya Sabha
11. December, 2015: Real Estate Bill, 2015 incorporating several modifications based on Select
Committee report and stakeholder consultations was approved by the Union Cabinet;
12. March 10, 2016: The Real Estate (Regulation & Development) Bill, 2016 passed by Rajya Sabha;
13. March 15, 2016: Lok Sabha passed the Bill as passed by Rajya Sabha;
14. March 25, 2016: President gives assent to the Bill;
15. April 26, 2016: 59 Sections of the Act were notified making them effective from May 1, 2016 enabling preparation of Real Estate Rules, setting up of Regulatory Authorities and other infrastructure;
16. April 19, 2017: Remaining 32 Sections of the Act notified making them effective from May 1st this year requiring registration of projects within three months from tomorrow.
17. May 1, 2017: New era begins for development of real estate sector in an atmosphere of investor confidence.”
(Source: pib website)

 

 

Contributory Pension Scheme
7th Pay Commission report on revised allowances: Announcement likely after April 12
Women fighting harassment entitled to 90 days paid leave under the Leave Rules
GPF Withdrawal Rules Liberalized
Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee
More …

Go to NEWS.

Contributory Pension Scheme

Thehansindia.com
Mar 18, 2017
The New Pension Scheme works on defined contribution basis and will have two tiers – Tier-I and II. Contribution to Tier-I is mandatory for all government servants joining government service on or after 1-1-2004 (except the armed forces in the first stage), whereas Tier-II will be optional and at the discretion of government servants. …

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GPF Withdrawal Rules Liberalized

New Delhi, March 08, 2017 : Dtf.in  
After a review the General Provident Fund Rules have been liberalized by the Government of India. It has been decided by the Government to permit withdrawals from the fund by the subscriber for the following purposes:
(i) Education – This will include primary, secondary and higher education, covering all streams and institutions,
(ii) Obligatory Expenses, viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants,
(iii) Illness of self, family members or dependants,
(iv) Purchase of consumer durables.
It has been decided by the Government to permit withdrawal of up to twelve months’ pay or three-fourth of the amount standing at credit, whichever is less. For illness, the withdrawal may be allowed up to 90% of the amount standing at credit of the subscriber. A subscriber may seek withdrawal after completion of ten years of service.
(v) Housing including building or acquiring a suitable-house or a ready-built flat for his residence,
(vi) Repayment of outstanding housing loan,
(vii) Purchase of house site for building a house,
(viii) Constructing a house on a site acquired,
(lx) Reconstructing or making additions on a house already acquired,
(x) Renovating, additions or alterations of ancestral house.
A subscriber may be allowed to withdraw up to ninety percent of the amount standing at credit for the above purposes. It is also decided do away with the present instructions which lay down that subsequent to the sale of house for which GPF withdrawal has been availed, the amount. withdrawn has to be deposited back. GPF withdrawal for housing purpose will no longer be linked with the limits prescribed under HBA rules. A subscriber may be permitted to avail the facility at any time during his service.
(xi) Purchase of motor car/motor cycle/ scooter, etc., or repayment of loan already taken for the purpose,
(xii) Extensive repairs /overhauling of motor car,
(xiii) Making deposit to book a motor car/motor cycle/scoter, moped, etc.
Further, a subscriber may be permitted to withdraw three-fourth of the amount standing at credit or cost of the vehicle, whichever is less for the above purposes. Withdrawal for the above purpose will be permitted after completion of 10 years of service.
Presently, withdrawal of up to 90% of balance without assigning reasons is allowed for Government servants who are due for retirement on superannuation within a year. It is proposed that this may be allowed for up to two years before superannuation.
In all cases of withdrawal from the fund by the subscriber, the declared Head of Department is competent to sanction withdrawal. No documentary proof will be required to be furnished by the subscriber. A simple declaration form by the subscriber explaining the reasons for withdrawal would be sufficient.
As per the GPF(CS) Rule 1960, no time limit has been prescribed for sanction and payment of withdrawal amount. Therefore, it has been decided by the Government to prescribe a maximum time limit of fifteen days for sanction and payment of withdrawal from the Fund. In case of emergencies like illness etc., the time limit may be restricted to seven days.
Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.
See the original DPPW O.M. >>> Pension Rules

Note:- The above information is subject to the Disclaimer of Dtf.in.

Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee

Livelaw.in 
March 6, 2017
Bombay High Court refused to grant relief to a MSEDCL (Maharashtra State Electricity Distribution Company Ltd) employee who was charged with accepting a bribe of Rs.5000 in 2007. The concerned employee was a Junior Engineer with MSEDCL, he sought.
The concerned employee was a Junior Engineer with MSEDCL, he sought directions from the court to his employers to pay a sum of Rs.20 lakhs (approx.) towards his salary and other allowances from December 2008 to February 2012. …

Now, IAS, IPS officers must file performance report online

Timesofindia.indiatimes.com
Mar 1, 2017
NEW DELHI: The Centre has decided to amend rules to allow online filing of performance reports of IAS and IPS officers.
The move will help in checking delayed submission of the confidential reports and claims of bias in giving low ratings to an officer to affect his or her career growth.
“Performance Appraisal Report shall be generated and written by the officer reported upon electronically as prescribed by the central government,” as per the draft rules formed by Department of Personnel and Training (DoPT). …

See copy of DoPT’s Letter dated 01.03.2017 > DoPT Letter dated 01.03.2017 – Proposal to amend AIS (PAR) Rules, 2007 >>> AIS – Rules/Circulars

Extraordinary leave is not matter of right: Delhi HC

Thehindu.com
February 26, 2017
‘Employee cannot be allowed to work at her convenience’
Legal entitlement to leave is with regard to leave which is authorised, like maternity leave or child care leave. However, extraordinary leave is not a matter of right, the Delhi High Court has said. Justice Valmiki Mehta has held that the “grant of extraordinary leave is not a matter of legal right and every employer, before granting extraordinary leave, has to balance various aspects, including the working requirement of the employer not being affected on account of leave sought by an employee”. …

UPSC cannot reject candidates for trivial slips, rules SC

Deccanherald.com
NEW DELHI: Feb 19, 2017
The Supreme Court has said the Union Public Service Commission cannot reject a candidate for misspelling or entering a wrong date of birth on the job application.
A bench of Justices Adarsh Kumar Goel and U U Lalit dismissed a special leave petition filed by the UPSC against a Delhi High Court judgement, directing the country’s highest recruitment body to clear the selection of Ajay Kumar Mishra to the National Defence Academy. …

Govt employee gets 7-yr-jail for depositing public money in daughter’s account

Deccanchronicle.com
Feb 17, 2017
New Delhi: A 63-year-old retired government servant has been awarded a seven-year jail term by a special court for depositing Rs 13.67 lakh of public money into her daughter’s bank account, using her as a ghost employee.
Special CBI Judge Gurdeep Singh, who also imposed a fine of over Rs 15 lakh on CGHS staffer Neelam Sehgal, awarded a five-year-jail term to her 77-year-old husband Jagdish Sehgal, a retired government servant too, for being part of the criminal conspiracy in the offence. …

‘CAT can have a say in transfer of govt staff’

Timesofindia.indiatimes.com
Feb 16, 2017
CHENNAI: Can the Central Administrative Tribunal (CAT) ask government to reconsider a transfer of a government employee? Yes, said the Chennai bench of CAT recommending the authorities concerned to consider an officer’s representation to stay transfer on the basis of some health conditions in his family. …

Public servants can’t show gifts as income from legal sources, says SC

Timesofindia.indiatimes.com
Feb 16, 2017
NEW DELHI: In its judgment deflating Sasikala’s ambition to become CM of Tamil Nadu, the Supreme Court has dealt a blow to gift-loving public servants by ruling that presents could not be counted as income from lawful sources.
A bench of Justices Pinaki Chandra Ghose and Amitava Roy said: “Gifts to Jayalalithaa, a public servant in the context of Sections 161to 165A of Indian Penal Code now integrated into the Prevention of Corruption Act, are visibly illegal and forbidden by law. The endeavour to strike a distinction between ‘legal’ and ‘unlawful’ as sought to be made to portray gifts to constitute a lawful source of income is thus wholly misconstrued.” …

Govt warns employees of action for misusing LTC

India today.intoday.in
February 13, 2017
New Delhi, Feb 13 (PTI) Central government employees found misusing Leave Travel Concession (LTC) will face disciplinary action, the Department of Personnel and Training (DoPT) has warned.
A government employee gets reimbursement of tickets for to-and-fro journey, in addition to leaves, when he avails LTC.  …

Missing government servant, spouse eligible for pension: High Court

Timesofindia.indiatimes.com
Feb 3, 2017
HYDERABAD: Stating that if a government servant goes missing and remains untraceable for seven years, it should be presumed that the person died, the Hyderabad High Court has directed the central government to pay pension and all other relevant benefits to the spouse of a missing government servant who remained untraceable for more than seven years. …

Officers to face action for delay in GPF payments

India.com
New Delhi, Jan 29 (PTI). Action will be taken against the officers concerned in cases of delay in processing payment of General Provident Fund (GPF) to retiring employees, the Centre has said. …

Employees to get promotion in pendency of appeals in courts

Financialexpress.com

NCST has no power to direct grant of promotion: High Court

Indianexpress.com 
January 12, 2017
The National Commission for Scheduled Tribes (NCST) has no power to pass orders directing the Centre to grant promotion to an employee, the Delhi High Court has said. The court said this while allowing a petition filed by the Centre challenging the April 30, 2015 order passed by the NCST directing that Ram Kishore Meena, an employee of the National Crime Records Bureau, be promoted to the post of lower division clerk from 2006. …

Govt Servant, Who Has Begotten Child By Surrogacy, Entitled To Maternity Leave: Chhattisgarh HC [Read Judgment]

Livelaw.in
January 10, 2017
There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court has observed while holding that a female government servant, who has begotten a child by procedure of surrogacy, is entitled to avail of maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010. …

Government jobs are not lollipops: High Court

Timesofindia.indiatimes.com
Dec 23, 2016
CHANDIGARH: The Punjab and Haryana high court has held that ex gratia or compensatory appointments cannot be treated like lollipops, which the court can give to a crying adult to pacify. …

Govt servant benefits not for brothers older than 18

Timesofindia.indiatimes.com
Dec 16, 2016
The terminal benefits, including death-cum-retirement gratuity, due to a government servant, cannot be given to her/his brothers if they are 18 at the time of being nominated to receive them, the Madras high court has ruled. …

Denial of ACR breaches Article 14

Thehansindia.com
Dec 05, 2016
The Annual Confidential Report (ACR) system is an old system started in the 1940s but is still used in the public sector organizations of many middle- and low-income countries (MLICs) such as India, Swaziland (Africa), and Sri Lanka. …

New rule limits babus’ foreign trips to four a year   

Timesofindia.indiatimes.com
Jan 15, 2016
NEW DELHI: Bureaucrats can go on a maximum of four overseas trips in a year, the finance ministry has directed in fresh guidelines which also say secretaries should only undertake foreign travel when no one else can be deputed. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf[dot]in.

RTI NEWS

RTI pleas on pension issues should be decided in 48 hrs: Central Information Commission
Rejection of RTI application not proper on the ground of the addressee for the IPO not being correct: CIC
Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists
More …

Go to NEWS.

RTI pleas on pension issues should be decided in 48 hrs: Central Information Commission

The Commission also directed that if an RTI application is a genuine grievance of a pensioner, steps should be initiated within 48 hours to redress it.
April 2, 2017
RTI applications seeking pension details should be replied to within 48 hours as it pertains to the “life and liberty” of the elderly, the Central Information Commission has held as it pitched for early redressal of such grievances. The Commission also directed that if an RTI application is a genuine grievance of a pensioner, steps should be initiated within 48 hours to redress it. …

Rejection of RTI application not proper on the ground of the addressee for the IPO not being correct: CIC

April 12, 2017 : Dtf.in
In the case of a complaint/second appeal, Prof. M. Sridhar Acharyulu (Madabhushi Sridhar) has decided that it was not proper on part of the CPIO, EPFO, Mumbai, to reject the RTI application on the ground that name of the addressee for IPO was not correct.
The appellant had filed two RTI applications dated 01.02.2016 and 04.02.2016, seeking information about the recovered amount by M/s. Shogun Organics Ltd. She had sought to know the reasons on her application seeking withdrawal of her PF amount and why the same was not immediately disbursed; details with regard to copy of appeal memo filed by M/s. Shogun Organics Ltd. upon APFC, Kandivali through eight and nine points, respectively. The CPIO rejected the RTI appeal by giving the reason that the complainant had not paid RTI application fee and requested to submit fresh application along with the requisite fee. Being dissatisfied by the decision, the appellant filed second appeal before the Hon’ble Commission.
The Information Commissioner has, inter alia, decided that it was not proper on the part of the PIO “to reject RTI application on the ground that name of the addressee for IPO was not correct.” The Information Commissioner further decided as under:-
“Besides rejecting the CPIO spent around Rs.100/- Rupees in demanding another IPO in name of correct addressee. In fact the appellant has already paid Rs.10/- to Govt. of India when he purchased the IPO. Both common sense and prudence does not justify spending Rs. 100/- asking for Rs.10/-. If PIO had furnished information and along with that had he asked for properly addressed IPO, there could have been justification for spending Rs.100/-. The Commission records its admonition against the CPIO for such rejection and warns the public authority not to reject RTI applications in this manner. …”
The Commission directed the concerned officers to show cause why maximum penalty should not be imposed upon each of them for unnecessarily rejecting RTI application and for not providing information to the appellant, The respondent authority was also directed to provide complete information.

More: CIC Decision dated 05.04.2017 on the Second Appeal filed by Sucheta Sureshkumar Vs. PIO, EPFO, Mumbai

Income Tax return leaked, Information Commission orders inquiry

Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists

Scroll.in
Apr 04, 2017
After five years, the Union government has decided to update the rules for the implementation of the Right to Information Act, which was passed by the Congress-led United Progressive Alliance regime in 2005 to provide a transparent mechanism for citizens to access information.
The Department of Personnel and Training, the nodal department enforcing the Act, put up the draft rules on its website last week, seeking feedback from the public by April 15. The idea behind the revamp of the rules is to simplify the process of obtaining information. However, certain changes proposed in the new draft rules have not gone down well with transparency activists, who fear it may end up as a tool to intimidate them and discourage citizens from using the law. …

You may like to click on any of the following links:-
RTI Rules/Orders * RTI – Court Judgments * Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars * Latest Department of Personnel & Training (DOPT)/DPPW Orders/Circulars * Latest Ministry of Finance Orders/Circulars * Deptt. of Public Enterprises (DPE) Circulars  * Vigilance Clearance and Vigilance Clearance Certificate * Vigilance Related GOI/CVC  Orders/Circulars * Decisions of Central Information Commission – Section-Wise * CGHS Circulars/Empanelled Hospitals/Package Rates * Reserve Bank of India (RBI) – Circulars & Master Circulars (Subject-Wise)

CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report

March 13, .2017 : Dtf.in
New Delhi. The Chief Passport Officer has been directed by the Hon’ble CIC, inter alia, to lay down clearly articulated policy, shared with general public, for re-verification of police report. The Hon’ble CIC’s order was passed while deciding the second appeal from an RTI applicant who had applied for issuance of a new passport.
The respondent participated in the hearing through counsel in person. The appellant did not participate in the hearing.
In the order passed on March 08, 2017, the respondent was directed to provide to the appellant the information in context of his RTI application within 30 days of the said order. The Respondent CPIO was directed to show cause why action should not be taken against them for contravening the provisions of the RTI Act including not giving correct information, within 30 days of the said order. Further, the Chief Passport Officer was “directed to issue directions to all offices for:
(i) Invariably giving point-wise replies to RTI application.
(ii) Specific deficient documents should be clearly mentioned.
(iii) If an adverse police report is received, its copy should be sent to applicant immediately for his comments.
(iv) Clearly articulated policy, shared with general public, for re-verification of police report should be laid down.” The time granted for compliance is “within 30 days”.

The above information is subject to the Disclaimer of Dtf.in.

Information on consumer amenities must be given under RTI: CIC

Timesofindia.indiatimes.com
Mar 9, 2017
CHENNAI: Data on the number of toilets, water supply, electricity and number of counters provided for transactions of receipts and withdrawals in a bank branch cannot be denied under the Right to Information Act.
This is the gist of a ruling by the Central Information Commission (CIC) recently, in response to an RTI petition filed by Chennai-based consumer activist, T Sadagopan, who, in 2015 had filed an RTI petition with the Avadi branch of Bank of India (BoI). …

Cooperative Banks within the purview of the RTI Act: Bombay High Court

March 3, 2017 : Dtf.in
It has been held by the Aurangabad bench of the Bombay High Court that co-operative institutions “need to supply” information to any “public authority” established under the Cooperative Societies Act. The petitioners had sought exemption under the RTI Act, 2005.
In para 10 of their judgment dated February 13, 2017, in the case of Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. State of Maharashtra & Ors., Hon’ble Bombay High Court has decided as under:-
“The provisions of the Maharashtra Cooperative Societies Act if read with the definition of information given in section 2(f) of the Act, it can be said that everything which is mentioned in the definition of information needs to be supplied  by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of ‘public authority’ given in section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Register and his subordinate officers are appointed under the Cooperative Societies Act and they have the control over the aforesaid things. In view of these circumstances, the observations made by the Apex Court in the paragraphs already quoted can be used safely when the information is sought from the authority like Register or his subordinates under the Cooperative Societies Act. Thus, the reliefs claimed in the present petition cannot be granted as the reliefs can be used directly or indirectly by the cooperative institutions to deny the supply of the information. The circumstances that the other matters were allowed by this court, other Bench of this Court, cannot come in the way of giving present decision by this Court as the decision of the Supreme Court was not there when other matters were decided by this Court. This Court holds that no relief which is claimed in the present petition can be given to the petitioner. The previous interpretation made by this Court is not correct interpretation in view of the law laid down by the Apex Court. In the result, the petition stands dismissed.”

More: Cooperative Banks/Societies within the ambit of RTI Act –  Bombay HC Judgment dated 13.02.2017 – Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. The State of Maharashtra & Others [Section 2(h)]

Housing societies bound by RTI Act, must share info: Court

The petitioner had argued before the court that cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960 cannot be treated as `public authority’ under sections 2(h) and 8 of the RTI Act
Economic Times
March 02, 2017
Cooperative institutions, including around 75,000 housing societies in the Mumbai metropolitan region, can no longer refuse to share records under the Right To Information (RTI) Act with the Aurangabad bench of the Bombay high court ruling that these establishments come under the purview of the transparency legislation. …

HC quashes CIC order asking BCD to give minutes of meetings

India.com
February 15, 2017
New Delhi, Feb 15 (PTI) The Delhi High Court has set aside a CIC order directing the Bar Council of Delhi (BCD) to provide the minutes of all meetings held by it from April 2010 till March 2015 and its sources of income.
Justice Sanjeev Sachdeva said the Central Information Commission (CIC) “fell in error” in issuing the direction to put all such information in public domain as the minutes of meetings would contain “confidential personal information and information received in fiduciary capacity”. …

Frivolous queries irk officials

Timesofindia.indiatimes.com 
Feb 08, 2017
AURANGABAD: Several government and semi-government officials here said they have become familiar with some persons, who habitually file RTI applications. They claimed that a closer scrutiny of such applications would reveal that the whole purpose of filing the Right To Information pleas contravenes the purpose of the transparency Act. …

Students can now seek ICSE answer sheets, re-evaluation: Info panel

Timesofindia.indiatimes.com
Feb 6, 2017
MUMBAI: The Central Information Commission (CIC) has brought the private Council for Indian School Certificate Examinations (CISCE) board under the purview of the RTI Act. The ruling came after the appellant’s request for copies of his son’s ICSE exam answer sheets for six subjects was turned down. Kaushik’s father had applied for rechecking of his son’s papers, but CISCE norms only allow the verification of marks at a fee of Rs 4,000 for all papers. …

Top law officer out of RTI ambit: HC

Telegraphindia.com
New Delhi, Feb. 3 (PTI): The office of the attorney-general of India does not come under the Right to Information Act as it is not a “public authority”, Delhi High Court ruled today.
The verdict by a division bench of Chief Justice G. Rohini and Justice Jayant Nath came on an appeal by the Centre challenging the decision of a single judge who had held that the AG’s office is a public authority under the ambit of the transparency law. …

More than 60 per cent CIC orders flawed: study

Dnaindia.com 
Mon, 30 Jan 2017
It was conducted by the Research, Assessment and Group (RAAG) and Satark Nagrik Sangathan, which look after the implementation of RTI
More than 60 percent of the central information commission (CIC) orders are “deficient” in terms of “recording critical facts” and “grounds for decision of the IC and the basis thereof.” …

CIC has no power to order jail authorities reg compensation: HC

Business-standard.com 
January 27, 2017
Central Information Commission (CIC) does not have the power to direct Tihar Jail to develop a system of compensating inmates who have been incarcerated beyond their period of sentence, Delhi High Court has held.  …

Central Information Commission order on Narendra Modi degree stayed by Delhi HC

Timesofindia.indiatimes.com
Jan 24, 2017
NEW DELHI: The Delhi high court on Monday stayed till April 27 a Central Information Commission order asking Delhi University to allow inspection of records of all students who cleared BA examination in 1978, which includes prime minister Narendra Modi. …

Man uses RTI to prove his wife is employed

Timesofindia.indiatimes.com
Dec 24, 2016
LUCKNOW: Settling family disputes through RTI is a trend not new to UP State Information Commission (UPSIC). The latest to have reached the commission is from Meerut. The case pertains to a harried husband.
The man has filed a complaint in the commission and said he is being harassed by his wife. He has urged to provide him the information he has sought under the Right to Information (RTI). The information, he said, if given, would be of extreme help. …

CIC directs Railway Board to amend the rules for copying charges under RTI

Dec 14, 2016 : Dtf.in
New Delhi. The Central Information Commission has, on December 5, directed the Railway Board to stop charging Rs 750 per page for photocopying and follow the provisions of the RTI Act and Rules. Under the RTI Act, Rs. two per page has been fixed for photocopying. The appellant did not participate in the hearing.
The respondent stated that the appellant was asked to deposit copying fee Rs. 750/- for reservation chart as per Railway Rules but the appellant did not respond to that letter. The appellant filed 2nd appeal before the CIC.
Hon’ble CIC, in its order, directed the Railway Board to take steps to amend the rules regarding copying charges suitably to bring them in conformity with the letter and spirit of the RTI Act and Rules.

Disclose details of corrupt officials: Info panel to govt

Order issued on an application by Rohtak-based RTI activist 
Tribuneindia.com
Rohtak, December 5, 2016
Efforts of a Rohtak-based RTI activist to get details about the involvement of IAS, HCS, IPS and HPS officers in corruption cases finally seem to be bearing fruit.
The Haryana government as well as the State Information Commission had earlier refused to furnish the information sought by the applicant under the RTI Act. The applicant then moved the Punjab and Haryana High Court, which directed the commission to reconsider the matter. …

Right of retired employee & RTI

Thehansindia.com
Nov 29,2016
Two issues show the inefficiency in the system– non-filling of the vacancies and not giving pension and other benefits on the day of retirement. …

Citizens To File Information Commission Complaints, Appeals Online

Ndtv.com
November 04, 2016
New Delhi:  Right To Information or RTI applicants will soon be able to file complaints and appeals with Central Information Commission (CIC) online.
Home Minister Rajnath Singh will inaugurate the two-day annual convention of the CIC on Monday, during which he will launch the ‘e-Court’ system – aimed at enabling speedy disposal of appeals and complaints by using digital technology. …

Make public report on aviator death: CIC

Timesofindia.indiatimes.com
Sep 28, 2016
NEW DELHI: The Central Information Commission (CIC) has directed the Navy to make public the inquiry report on the death of Lt Cdr Rahul Nair during a 2010 air show even as it pulled up officials for their “cavalier attitude”. In a strongly worded order, information commissioner D P Sinha said that it appeared as if an “attempt has been made to protect the interest of the defaulters and that certainly does not out-weigh the interest of the soldier who lost his life in such an accident”. …

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets

Enaindia.in 
New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.

According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …

Compensation to be paid by teacher, school if kids subjected to corporal punishment 

July 25, 2016 : Dtf.in

The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law.
As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted.
The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.”
The Information Commissioner has, inter alia, passed the following order:-

“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”

See CIC Order dated 22.07.2016 >>> CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow
[Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] >>> CIC Decisions

High Court seeks Centre’s reply on notary’s plea against CIC order

India.com
In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal.
July 7, 2016
New Delhi, Jul 7 : Delhi High Court has sought the Centre’s response on a notary’s plea challenging Central Information Commission’s (CIC) order declaring her to be a deemed Public Information Officer (PIO) and imposing a fine of Rs 25,000 for not furnishing records sought under RTI. Apart from the Centre, Justice Sanjeev Sachdeva also issued notice to the RTI applicant, who had under the Right to Information Act (RTI) sought details of attestations made by the notary from 2008 to 2013, seeking his reply by the next date of hearing on July 13. In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal. …

Govt asks all departments to upload report cards on websites every month

Hindustantimes.com
Jun 27, 2016
This small step could go a long way to raise the transparency bar.
The Modi government has told all central departments to go public with a report card of its activities and achievements on a monthly basis. …

Coming soon: IGNOU to offer diploma course on Right to Information

Hindustantimes.com
Jun 11, 2016
In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. …

Private colleges, schools under RTI ambit

Tribuneindia.com
Shimla, June 9, 2016
To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …

CIC wants RTI activist punished for misuse of law

Timesofindia.indiatimes.com
Apr 21, 2016
NEW DELHI: In an unusual move, the Central Information Commission (CIC) has recommended action against an RTI applicant for misusing the law to harass his colleagues in a Delhi college.

CIC bans appearance of lawyer, HC stays order

Timesofindia.indiatimes.com
Apr 3, 2016
New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …

Central Information Commission does away with need of hard copies for online appeals

Zeenews.india.com  
March 15, 2016
New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …

Don’t disclose students’ information without consulting parents: CIC    

Zeenews.india.com
In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future.
January 26, 2016
The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf.in.

RTI NEWS

Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists
CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report
Information on consumer amenities must be given under RTI: CIC
Cooperative Banks within the purview of the RTI Act: Bombay High Court
More …

Go to NEWS.

Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists

Scroll.in
Apr 04, 2017
After five years, the Union government has decided to update the rules for the implementation of the Right to Information Act, which was passed by the Congress-led United Progressive Alliance regime in 2005 to provide a transparent mechanism for citizens to access information.

The Department of Personnel and Training, the nodal department enforcing the Act, put up the draft rules on its website last week, seeking feedback from the public by April 15. The idea behind the revamp of the rules is to simplify the process of obtaining information. However, certain changes proposed in the new draft rules have not gone down well with transparency activists, who fear it may end up as a tool to intimidate them and discourage citizens from using the law. …

CIC directed Chief Passport Officer to lay down clearly articulated policy, shared with general public, for re-verification of police report

March 13, .2017 : Dtf.in
New Delhi. The Chief Passport Officer has been directed by the Hon’ble CIC, inter alia, to lay down clearly articulated policy, shared with general public, for re-verification of police report. The Hon’ble CIC’s order was passed while deciding the second appeal from an RTI applicant who had applied for issuance of a new passport.
The respondent participated in the hearing through counsel in person. The appellant did not participate in the hearing.
In the order passed on March 08, 2017, the respondent was directed to provide to the appellant the information in context of his RTI application within 30 days of the said order. The Respondent CPIO was directed to show cause why action should not be taken against them for contravening the provisions of the RTI Act including not giving correct information, within 30 days of the said order. Further, the Chief Passport Officer was “directed to issue directions to all offices for:
(i) Invariably giving point-wise replies to RTI application.
(ii) Specific deficient documents should be clearly mentioned.
(iii) If an adverse police report is received, its copy should be sent to applicant immediately for his comments.
(iv) Clearly articulated policy, shared with general public, for re-verification of police report should be laid down.” The time granted for compliance is “within 30 days”.

The above information is subject to the Disclaimer of Dtf.in.

Information on consumer amenities must be given under RTI: CIC

Timesofindia.indiatimes.com
Mar 9, 2017
CHENNAI: Data on the number of toilets, water supply, electricity and number of counters provided for transactions of receipts and withdrawals in a bank branch cannot be denied under the Right to Information Act.
This is the gist of a ruling by the Central Information Commission (CIC) recently, in response to an RTI petition filed by Chennai-based consumer activist, T Sadagopan, who, in 2015 had filed an RTI petition with the Avadi branch of Bank of India (BoI). …

You may like to click on any of the following links:-
RTI Rules/Orders * RTI – Court Judgments * Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars * Latest Department of Personnel & Training (DOPT)/DPPW Orders/Circulars * Latest Ministry of Finance Orders/Circulars * Deptt. of Public Enterprises (DPE) Circulars  * Vigilance Clearance and Vigilance Clearance Certificate * Vigilance Related GOI/CVC  Orders/Circulars * Decisions of Central Information Commission – Section-Wise * CGHS Circulars/Empanelled Hospitals/Package Rates * Reserve Bank of India (RBI) – Circulars & Master Circulars (Subject-Wise)

Cooperative Banks within the purview of the RTI Act: Bombay High Court

March 3, 2017 : Dtf.in
It has been held by the Aurangabad bench of the Bombay High Court that co-operative institutions “need to supply” information to any “public authority” established under the Cooperative Societies Act. The petitioners had sought exemption under the RTI Act, 2005.
In para 10 of their judgment dated February 13, 2017, in the case of Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. State of Maharashtra & Ors., Hon’ble Bombay High Court has decided as under:-
“The provisions of the Maharashtra Cooperative Societies Act if read with the definition of information given in section 2(f) of the Act, it can be said that everything which is mentioned in the definition of information needs to be supplied  by the cooperative institution to the authority created under the Cooperative Societies Act. The definition of ‘public authority’ given in section 2(h) shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Register and his subordinate officers are appointed under the Cooperative Societies Act and they have the control over the aforesaid things. In view of these circumstances, the observations made by the Apex Court in the paragraphs already quoted can be used safely when the information is sought from the authority like Register or his subordinates under the Cooperative Societies Act. Thus, the reliefs claimed in the present petition cannot be granted as the reliefs can be used directly or indirectly by the cooperative institutions to deny the supply of the information. The circumstances that the other matters were allowed by this court, other Bench of this Court, cannot come in the way of giving present decision by this Court as the decision of the Supreme Court was not there when other matters were decided by this Court. This Court holds that no relief which is claimed in the present petition can be given to the petitioner. The previous interpretation made by this Court is not correct interpretation in view of the law laid down by the Apex Court. In the result, the petition stands dismissed.”

More: Cooperative Banks/Societies within the ambit of RTI Act –  Bombay HC Judgment dated 13.02.2017 – Jalgaon Jillha Urban Cooperative Banks Association Ltd., Jalgaon Vs. The State of Maharashtra & Others [Section 2(h)]

Housing societies bound by RTI Act, must share info: Court

The petitioner had argued before the court that cooperative institutions registered under the Maharashtra Cooperative Societies Act, 1960 cannot be treated as `public authority’ under sections 2(h) and 8 of the RTI Act
Economic Times
March 02, 2017
Cooperative institutions, including around 75,000 housing societies in the Mumbai metropolitan region, can no longer refuse to share records under the Right To Information (RTI) Act with the Aurangabad bench of the Bombay high court ruling that these establishments come under the purview of the transparency legislation. …

Delhi HC stays CIC fine on DU for rejecting RTI queries on PM, Irani

Indianexpress.com
February 21, 2017
The Delhi High Court today stayed three separate CIC orders imposing Rs 25,000 penalty on Delhi University’s public information officer for rejecting RTI applications seeking facts about the graduation degrees of Prime Minister Narendra Modi and Union Minister Smriti Irani. Justice Sanjeev Sachdeva observed that the RTI applicants “wasted judicial time” by filing “frivolous” pleas before the Central Information Commission (CIC) for rejection of their applications on technical grounds, instead of addressing the deficiencies pointed out by the central public information officer (CPIO) of Delhi University (DU). …

HC quashes CIC order asking BCD to give minutes of meetings

India.com
February 15, 2017
New Delhi, Feb 15 (PTI) The Delhi High Court has set aside a CIC order directing the Bar Council of Delhi (BCD) to provide the minutes of all meetings held by it from April 2010 till March 2015 and its sources of income.
Justice Sanjeev Sachdeva said the Central Information Commission (CIC) “fell in error” in issuing the direction to put all such information in public domain as the minutes of meetings would contain “confidential personal information and information received in fiduciary capacity”. …

Frivolous queries irk officials

Timesofindia.indiatimes.com 
Feb 08, 2017
AURANGABAD: Several government and semi-government officials here said they have become familiar with some persons, who habitually file RTI applications. They claimed that a closer scrutiny of such applications would reveal that the whole purpose of filing the Right To Information pleas contravenes the purpose of the transparency Act. …

Students can now seek ICSE answer sheets, re-evaluation: Info panel

Timesofindia.indiatimes.com
Feb 6, 2017
MUMBAI: The Central Information Commission (CIC) has brought the private Council for Indian School Certificate Examinations (CISCE) board under the purview of the RTI Act. The ruling came after the appellant’s request for copies of his son’s ICSE exam answer sheets for six subjects was turned down. Kaushik’s father had applied for rechecking of his son’s papers, but CISCE norms only allow the verification of marks at a fee of Rs 4,000 for all papers. …

Top law officer out of RTI ambit: HC

Telegraphindia.com
New Delhi, Feb. 3 (PTI): The office of the attorney-general of India does not come under the Right to Information Act as it is not a “public authority”, Delhi High Court ruled today.
The verdict by a division bench of Chief Justice G. Rohini and Justice Jayant Nath came on an appeal by the Centre challenging the decision of a single judge who had held that the AG’s office is a public authority under the ambit of the transparency law. …

More than 60 per cent CIC orders flawed: study

Dnaindia.com 
Mon, 30 Jan 2017
It was conducted by the Research, Assessment and Group (RAAG) and Satark Nagrik Sangathan, which look after the implementation of RTI
More than 60 percent of the central information commission (CIC) orders are “deficient” in terms of “recording critical facts” and “grounds for decision of the IC and the basis thereof.” …

CIC has no power to order jail authorities reg compensation: HC

Business-standard.com 
January 27, 2017
Central Information Commission (CIC) does not have the power to direct Tihar Jail to develop a system of compensating inmates who have been incarcerated beyond their period of sentence, Delhi High Court has held.  …

Central Information Commission order on Narendra Modi degree stayed by Delhi HC

Timesofindia.indiatimes.com
Jan 24, 2017
NEW DELHI: The Delhi high court on Monday stayed till April 27 a Central Information Commission order asking Delhi University to allow inspection of records of all students who cleared BA examination in 1978, which includes prime minister Narendra Modi. …

Man uses RTI to prove his wife is employed

Timesofindia.indiatimes.com
Dec 24, 2016
LUCKNOW: Settling family disputes through RTI is a trend not new to UP State Information Commission (UPSIC). The latest to have reached the commission is from Meerut. The case pertains to a harried husband.
The man has filed a complaint in the commission and said he is being harassed by his wife. He has urged to provide him the information he has sought under the Right to Information (RTI). The information, he said, if given, would be of extreme help. …

CIC directs Railway Board to amend the rules for copying charges under RTI

Dec 14, 2016 : Dtf.in
New Delhi. The Central Information Commission has, on December 5, directed the Railway Board to stop charging Rs 750 per page for photocopying and follow the provisions of the RTI Act and Rules. Under the RTI Act, Rs. two per page has been fixed for photocopying. The appellant did not participate in the hearing.
The respondent stated that the appellant was asked to deposit copying fee Rs. 750/- for reservation chart as per Railway Rules but the appellant did not respond to that letter. The appellant filed 2nd appeal before the CIC.
Hon’ble CIC, in its order, directed the Railway Board to take steps to amend the rules regarding copying charges suitably to bring them in conformity with the letter and spirit of the RTI Act and Rules.

Disclose details of corrupt officials: Info panel to govt

Order issued on an application by Rohtak-based RTI activist 
Tribuneindia.com
Rohtak, December 5, 2016
Efforts of a Rohtak-based RTI activist to get details about the involvement of IAS, HCS, IPS and HPS officers in corruption cases finally seem to be bearing fruit.
The Haryana government as well as the State Information Commission had earlier refused to furnish the information sought by the applicant under the RTI Act. The applicant then moved the Punjab and Haryana High Court, which directed the commission to reconsider the matter. …

Right of retired employee & RTI

Thehansindia.com
Nov 29,2016
Two issues show the inefficiency in the system– non-filling of the vacancies and not giving pension and other benefits on the day of retirement. …

Citizens To File Information Commission Complaints, Appeals Online

Ndtv.com
November 04, 2016
New Delhi:  Right To Information or RTI applicants will soon be able to file complaints and appeals with Central Information Commission (CIC) online.
Home Minister Rajnath Singh will inaugurate the two-day annual convention of the CIC on Monday, during which he will launch the ‘e-Court’ system – aimed at enabling speedy disposal of appeals and complaints by using digital technology. …

Make public report on aviator death: CIC

Timesofindia.indiatimes.com
Sep 28, 2016
NEW DELHI: The Central Information Commission (CIC) has directed the Navy to make public the inquiry report on the death of Lt Cdr Rahul Nair during a 2010 air show even as it pulled up officials for their “cavalier attitude”. In a strongly worded order, information commissioner D P Sinha said that it appeared as if an “attempt has been made to protect the interest of the defaulters and that certainly does not out-weigh the interest of the soldier who lost his life in such an accident”. …

Haryana Information Commission rules that Students can seek Photocopies of Answer Sheets

Enaindia.in 
New Delhi. August 12 (ENA). State Information Commission of Haryana has ruled that students seeking photocopies of their answer sheets under the Right to Information (RTI) Act cannot be denied permission by universities.

According to the ruling of the information commission even if university rules don’t permit the distribution of photocopies of answer sheets to students on demand, the rules under the RTI Act supersedes any university rule thereby giving students the right to demand and get photocopies of their answer sheets. …

Compensation to be paid by teacher, school if kids subjected to corporal punishment 

July 25, 2016 : Dtf.in

The Central Information Commission (CIC) has on last Friday held that the teacher and the school also shall be liable to pay compensation to the injured child according to law.
As per the order of the Information Commissioner, the denial of information by the Central Public Information Officer (CPIO) was unwarranted.
The information was denied by the CPIO on the ground that it was third party information. The applicant submitted that he needed the information so that his daughter could secure custody of children in her marital dispute against husband Yagya Dutt Arya. The Information Commissioner has decided that “Even if Section 8(1)(j) is assumed to be invoked, the school should have considered that imposing corporal punishment on children is against several laws including Juvenile Justice Act, 2000, is a public wrong, its disclosure has relationship with public activity and it will be in public interest, the revelation of which would not cause unwarranted invasion of the privacy of the individual, besides larger public interest is involved in disclosure only.”
The Information Commissioner has, inter alia, passed the following order:-

“28. The teacher and the school also shall be liable to pay compensation to the injured child according to law. The Commission directs the KVS, headquarters and regional directors to voluntarily disclose whether they have framed policy as advised by the NCPCR to eliminate the corporal punishment in their schools, details of incidents of corporal punishments and action taken against liable teachers, compensation to be paid and amount of compensation paid to the victims etc, every year, beginning with 2015-16, within three months. The Commission recommends that each school shall publish such a report every year, which shall be the model for other school. It will go a long way in making school a place of pleasant learning free from assaults and humiliations. The KVS also should have a policy of paying some amount as compensation to the victim children and that amount should be deducted from the salary of liable teacher. The public authority is directed to collect details of teachers punished for corporal assaults on children including the case of Mr. Yagya Dutt Arya. The Commission directs the KVS headquarters to circulate copy of this order to all schools and regional offices. Disposed of.”

See CIC Order dated 22.07.2016 >>> CIC Decision dated 22.07.2016 on Appeal filed by Bhramanand Mishra Vs. PIO, Kendriya Vidyalaya Sangthan, Lucknow
[Sections 4(1)(a) & 8(1)(j); RTE Act, JJ Act; Art. 21,21A & 39(e) of the Constitution of India; Inquiry Report, School] >>> CIC Decisions

High Court seeks Centre’s reply on notary’s plea against CIC order

India.com
In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal.
July 7, 2016
New Delhi, Jul 7 : Delhi High Court has sought the Centre’s response on a notary’s plea challenging Central Information Commission’s (CIC) order declaring her to be a deemed Public Information Officer (PIO) and imposing a fine of Rs 25,000 for not furnishing records sought under RTI. Apart from the Centre, Justice Sanjeev Sachdeva also issued notice to the RTI applicant, who had under the Right to Information Act (RTI) sought details of attestations made by the notary from 2008 to 2013, seeking his reply by the next date of hearing on July 13. In the interim, the court extended till the next date the time for payment of the first installment of the penalty and also stayed CIC’s direction to the notary to pay Rs 1000 as compensation to RTI applicant Nand Lal. …

Govt asks all departments to upload report cards on websites every month

Hindustantimes.com
Jun 27, 2016
This small step could go a long way to raise the transparency bar.
The Modi government has told all central departments to go public with a report card of its activities and achievements on a monthly basis. …

Coming soon: IGNOU to offer diploma course on Right to Information

Hindustantimes.com
Jun 11, 2016
In order to encourage people to understand societal relevance of the Right to Information Act and its nuances, the Indira Gandhi National Open University (IGNOU) has decided to introduce certificate and diploma courses in the subject. …

Private colleges, schools under RTI ambit

Tribuneindia.com
Shimla, June 9, 2016
To ensure transparency in the functioning of private educational institutions, the government has decided to bring all private colleges, senior secondary and high schools under the RTI Act 2005 with immediate effect. However, the Act will not cover medical and nursing colleges and schools affiliated to the CBSE and the ICSE. …

CIC wants RTI activist punished for misuse of law

Timesofindia.indiatimes.com
Apr 21, 2016
NEW DELHI: In an unusual move, the Central Information Commission (CIC) has recommended action against an RTI applicant for misusing the law to harass his colleagues in a Delhi college.

CIC bans appearance of lawyer, HC stays order

Timesofindia.indiatimes.com
Apr 3, 2016
New Delhi, Apr 3 () An Information Commissioner has “banned” the appearance of a counsel for the External Affairs Ministry before his bench on the ground that he was not discharging his duties as an advocate, an order which has been stayed by the Delhi High Court. …

Central Information Commission does away with need of hard copies for online appeals

Zeenews.india.com  
March 15, 2016
New Delhi: In a major procedural change, the Central Information Commission has done away with the mandatory provision of sending signed hard copy of appeals through post even though the appellant approached it online. …

Don’t disclose students’ information without consulting parents: CIC    

Zeenews.india.com
In a warning to the RTI applicant, Acharyulu said, “The Commission records its admonition against the appellant for misuse of RTI against the school child and warns him against such misuse in future.
January 26, 2016
The Commission admonished the principal of RD Public School and Central Public Information Officer (CPIO) of Directorate of Education (DoE) of Delhi government for disclosing information about a student to his relatives who had a dispute with the student’s family. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf.in.

7th Pay Commission: Lavasa panel report on HRA, allowances this week
Contributory Pension Scheme
7th Pay Commission report on revised allowances: Announcement likely after April 12
Women fighting harassment entitled to 90 days paid leave under the Leave Rules
GPF Withdrawal Rules Liberalized
Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee
More …

Go to NEWS.

7th Pay Commission: Lavasa panel report on HRA, allowances this week

Livemint.com
Apr 18, 2017
New Delhi: The high-level committee headed by finance secretary Ashok Lavasa on allowances under the 7th Pay Commission is expected to submit its final report this week to finance minister Arun Jaitley, according to Zee News.
The committee had held a conclusive meeting on 6 April, according to Zee News. The committee has been tasked to examine the 7th Pay Commission recommendation for abolition of 53 allowances out of a total of 196 and subsuming another 36 into larger existing ones, according to the Zee News report. …

Contributory Pension Scheme

Thehansindia.com
Mar 18, 2017
The New Pension Scheme works on defined contribution basis and will have two tiers – Tier-I and II. Contribution to Tier-I is mandatory for all government servants joining government service on or after 1-1-2004 (except the armed forces in the first stage), whereas Tier-II will be optional and at the discretion of government servants. …

You may like to click on any of the following links:-
* Latest DOPT / CVC / RTI / MOF / CGHS / DPE Orders/Circulars
* Conduct Rules
* CCA/Discipline Rules  
* Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars
* Reservation for SCs/STs/OBCs  
* Vigilance Clearance
* Right to Information (RTI) – Rules/Orders/Circulars
* Decisions of Central Information Commission – Section-Wise 
* CGHS Circulars/Empanelled Hospitals/Package Rates

GPF Withdrawal Rules Liberalized

New Delhi, March 08, 2017 : Dtf.in  
After a review the General Provident Fund Rules have been liberalized by the Government of India. It has been decided by the Government to permit withdrawals from the fund by the subscriber for the following purposes:
(i) Education – This will include primary, secondary and higher education, covering all streams and institutions,
(ii) Obligatory Expenses, viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants,
(iii) Illness of self, family members or dependants,
(iv) Purchase of consumer durables.
It has been decided by the Government to permit withdrawal of up to twelve months’ pay or three-fourth of the amount standing at credit, whichever is less. For illness, the withdrawal may be allowed up to 90% of the amount standing at credit of the subscriber. A subscriber may seek withdrawal after completion of ten years of service.
(v) Housing including building or acquiring a suitable-house or a ready-built flat for his residence,
(vi) Repayment of outstanding housing loan,
(vii) Purchase of house site for building a house,
(viii) Constructing a house on a site acquired,
(lx) Reconstructing or making additions on a house already acquired,
(x) Renovating, additions or alterations of ancestral house.
A subscriber may be allowed to withdraw up to ninety percent of the amount standing at credit for the above purposes. It is also decided do away with the present instructions which lay down that subsequent to the sale of house for which GPF withdrawal has been availed, the amount. withdrawn has to be deposited back. GPF withdrawal for housing purpose will no longer be linked with the limits prescribed under HBA rules. A subscriber may be permitted to avail the facility at any time during his service.
(xi) Purchase of motor car/motor cycle/ scooter, etc., or repayment of loan already taken for the purpose,
(xii) Extensive repairs /overhauling of motor car,
(xiii) Making deposit to book a motor car/motor cycle/scoter, moped, etc.
Further, a subscriber may be permitted to withdraw three-fourth of the amount standing at credit or cost of the vehicle, whichever is less for the above purposes. Withdrawal for the above purpose will be permitted after completion of 10 years of service.
Presently, withdrawal of up to 90% of balance without assigning reasons is allowed for Government servants who are due for retirement on superannuation within a year. It is proposed that this may be allowed for up to two years before superannuation.
In all cases of withdrawal from the fund by the subscriber, the declared Head of Department is competent to sanction withdrawal. No documentary proof will be required to be furnished by the subscriber. A simple declaration form by the subscriber explaining the reasons for withdrawal would be sufficient.
As per the GPF(CS) Rule 1960, no time limit has been prescribed for sanction and payment of withdrawal amount. Therefore, it has been decided by the Government to prescribe a maximum time limit of fifteen days for sanction and payment of withdrawal from the Fund. In case of emergencies like illness etc., the time limit may be restricted to seven days.
Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.
See the original DPPW O.M. >>> Pension Rules

Note:- The above information is subject to the Disclaimer of Dtf.in.

Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee

Livelaw.in 
March 6, 2017
Bombay High Court refused to grant relief to a MSEDCL (Maharashtra State Electricity Distribution Company Ltd) employee who was charged with accepting a bribe of Rs.5000 in 2007. The concerned employee was a Junior Engineer with MSEDCL, he sought.
The concerned employee was a Junior Engineer with MSEDCL, he sought directions from the court to his employers to pay a sum of Rs.20 lakhs (approx.) towards his salary and other allowances from December 2008 to February 2012. …

Now, IAS, IPS officers must file performance report online

Timesofindia.indiatimes.com
Mar 1, 2017
NEW DELHI: The Centre has decided to amend rules to allow online filing of performance reports of IAS and IPS officers.
The move will help in checking delayed submission of the confidential reports and claims of bias in giving low ratings to an officer to affect his or her career growth.
“Performance Appraisal Report shall be generated and written by the officer reported upon electronically as prescribed by the central government,” as per the draft rules formed by Department of Personnel and Training (DoPT). …

See copy of DoPT’s Letter dated 01.03.2017 > DoPT Letter dated 01.03.2017 – Proposal to amend AIS (PAR) Rules, 2007 >>> AIS – Rules/Circulars

Extraordinary leave is not matter of right: Delhi HC

Thehindu.com
February 26, 2017
‘Employee cannot be allowed to work at her convenience’
Legal entitlement to leave is with regard to leave which is authorised, like maternity leave or child care leave. However, extraordinary leave is not a matter of right, the Delhi High Court has said. Justice Valmiki Mehta has held that the “grant of extraordinary leave is not a matter of legal right and every employer, before granting extraordinary leave, has to balance various aspects, including the working requirement of the employer not being affected on account of leave sought by an employee”. …

UPSC cannot reject candidates for trivial slips, rules SC

Deccanherald.com
NEW DELHI: Feb 19, 2017
The Supreme Court has said the Union Public Service Commission cannot reject a candidate for misspelling or entering a wrong date of birth on the job application.
A bench of Justices Adarsh Kumar Goel and U U Lalit dismissed a special leave petition filed by the UPSC against a Delhi High Court judgement, directing the country’s highest recruitment body to clear the selection of Ajay Kumar Mishra to the National Defence Academy. …

Govt employee gets 7-yr-jail for depositing public money in daughter’s account

Deccanchronicle.com
Feb 17, 2017
New Delhi: A 63-year-old retired government servant has been awarded a seven-year jail term by a special court for depositing Rs 13.67 lakh of public money into her daughter’s bank account, using her as a ghost employee.
Special CBI Judge Gurdeep Singh, who also imposed a fine of over Rs 15 lakh on CGHS staffer Neelam Sehgal, awarded a five-year-jail term to her 77-year-old husband Jagdish Sehgal, a retired government servant too, for being part of the criminal conspiracy in the offence. …

‘CAT can have a say in transfer of govt staff’

Timesofindia.indiatimes.com
Feb 16, 2017
CHENNAI: Can the Central Administrative Tribunal (CAT) ask government to reconsider a transfer of a government employee? Yes, said the Chennai bench of CAT recommending the authorities concerned to consider an officer’s representation to stay transfer on the basis of some health conditions in his family. …

Public servants can’t show gifts as income from legal sources, says SC

Timesofindia.indiatimes.com
Feb 16, 2017
NEW DELHI: In its judgment deflating Sasikala’s ambition to become CM of Tamil Nadu, the Supreme Court has dealt a blow to gift-loving public servants by ruling that presents could not be counted as income from lawful sources.
A bench of Justices Pinaki Chandra Ghose and Amitava Roy said: “Gifts to Jayalalithaa, a public servant in the context of Sections 161to 165A of Indian Penal Code now integrated into the Prevention of Corruption Act, are visibly illegal and forbidden by law. The endeavour to strike a distinction between ‘legal’ and ‘unlawful’ as sought to be made to portray gifts to constitute a lawful source of income is thus wholly misconstrued.” …

Govt warns employees of action for misusing LTC

India today.intoday.in
February 13, 2017
New Delhi, Feb 13 (PTI) Central government employees found misusing Leave Travel Concession (LTC) will face disciplinary action, the Department of Personnel and Training (DoPT) has warned.
A government employee gets reimbursement of tickets for to-and-fro journey, in addition to leaves, when he avails LTC.  …

Missing government servant, spouse eligible for pension: High Court

Timesofindia.indiatimes.com
Feb 3, 2017
HYDERABAD: Stating that if a government servant goes missing and remains untraceable for seven years, it should be presumed that the person died, the Hyderabad High Court has directed the central government to pay pension and all other relevant benefits to the spouse of a missing government servant who remained untraceable for more than seven years. …

Officers to face action for delay in GPF payments

India.com
New Delhi, Jan 29 (PTI). Action will be taken against the officers concerned in cases of delay in processing payment of General Provident Fund (GPF) to retiring employees, the Centre has said. …

Employees to get promotion in pendency of appeals in courts

Financialexpress.com

NCST has no power to direct grant of promotion: High Court

Indianexpress.com 
January 12, 2017
The National Commission for Scheduled Tribes (NCST) has no power to pass orders directing the Centre to grant promotion to an employee, the Delhi High Court has said. The court said this while allowing a petition filed by the Centre challenging the April 30, 2015 order passed by the NCST directing that Ram Kishore Meena, an employee of the National Crime Records Bureau, be promoted to the post of lower division clerk from 2006. …

Govt Servant, Who Has Begotten Child By Surrogacy, Entitled To Maternity Leave: Chhattisgarh HC [Read Judgment]

Livelaw.in
January 10, 2017
There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court has observed while holding that a female government servant, who has begotten a child by procedure of surrogacy, is entitled to avail of maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010. …

Government jobs are not lollipops: High Court

Timesofindia.indiatimes.com
Dec 23, 2016
CHANDIGARH: The Punjab and Haryana high court has held that ex gratia or compensatory appointments cannot be treated like lollipops, which the court can give to a crying adult to pacify. …

Govt servant benefits not for brothers older than 18

Timesofindia.indiatimes.com
Dec 16, 2016
The terminal benefits, including death-cum-retirement gratuity, due to a government servant, cannot be given to her/his brothers if they are 18 at the time of being nominated to receive them, the Madras high court has ruled. …

Denial of ACR breaches Article 14

Thehansindia.com
Dec 05, 2016
The Annual Confidential Report (ACR) system is an old system started in the 1940s but is still used in the public sector organizations of many middle- and low-income countries (MLICs) such as India, Swaziland (Africa), and Sri Lanka. …

New rule limits babus’ foreign trips to four a year   

Timesofindia.indiatimes.com
Jan 15, 2016
NEW DELHI: Bureaucrats can go on a maximum of four overseas trips in a year, the finance ministry has directed in fresh guidelines which also say secretaries should only undertake foreign travel when no one else can be deputed. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf[dot]in.

7th Pay Commission report on revised allowances: Announcement likely after April 12
Women fighting harassment entitled to 90 days paid leave under the Leave Rules
GPF Withdrawal Rules Liberalized
Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee
More …

Go to NEWS.

7th Pay Commission report on revised allowances: Announcement likely after April 12

Financialexpress.com
Revised allowances including house rent allowance (HRA) will likely be announced for the central government staff after the ongoing Budget session of Parliament is over on April 12.
March 30, 2017
Revised allowances including house rent allowance (HRA) will likely be announced for the central government staff after the ongoing Budget session of Parliament is over on April 12. The finance secretary-led panel, which is giving final touches to the reworked allowances based on the 7th pay panel’s recommendations, will hold its final meeting shortly, sources told FE. …

Women fighting harassment entitled to 90 days paid leave under the Leave Rules

Mar 24, 2017 : Dtf.in : Ram Kumar Sharma
NEW DELHI: Women employees of the central government who file complaints of sexual harassment at the workplace now have the option of getting 90 days paid leave during pendency of the inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The move is significant as there have been complaints of those accused of sexual harassment trying to influence or threaten the victims.
The special leave in this case will be given on the recommendation of the internal complaints committee or the local committee formed to look into such charges.
The Department of Personnel and Training, Government of India, have since issued a notification under the Leave Rules. The leave granted to the aggrieved woman employee “shall not be debited against the leave account”.
As per the Department of Personnel and Training’s guidelines issued on December 22, 2016, “As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.” Further, “for a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account.”
To see the Notification dated 15.03.2017 and O.M. dated 22.12.2016, go to >>>  https://dtf.in/sexual-harassment-government-orderscirculars/

You may like to click on any of the following links:-
* Latest DOPT / CVC / RTI / MOF / CGHS / DPE Orders/Circulars
* Conduct Rules
* CCA/Discipline Rules  
* Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars
* Reservation for SCs/STs/OBCs  
* Vigilance Clearance
* Right to Information (RTI) – Rules/Orders/Circulars
* Decisions of Central Information Commission – Section-Wise 
* CGHS Circulars/Empanelled Hospitals/Package Rates

GPF Withdrawal Rules Liberalized

New Delhi, March 08, 2017 : Dtf.in 
After a review the General Provident Fund Rules have been liberalized by the Government of India. It has been decided by the Government to permit withdrawals from the fund by the subscriber for the following purposes:
(i) Education – This will include primary, secondary and higher education, covering all streams and institutions,
(ii) Obligatory Expenses, viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants,
(iii) Illness of self, family members or dependants,
(iv) Purchase of consumer durables.
It has been decided by the Government to permit withdrawal of up to twelve months’ pay or three-fourth of the amount standing at credit, whichever is less. For illness, the withdrawal may be allowed up to 90% of the amount standing at credit of the subscriber. A subscriber may seek withdrawal after completion of ten years of service.
(v) Housing including building or acquiring a suitable-house or a ready-built flat for his residence,
(vi) Repayment of outstanding housing loan,
(vii) Purchase of house site for building a house,
(viii) Constructing a house on a site acquired,
(lx) Reconstructing or making additions on a house already acquired,
(x) Renovating, additions or alterations of ancestral house.
A subscriber may be allowed to withdraw up to ninety percent of the amount standing at credit for the above purposes. It is also decided do away with the present instructions which lay down that subsequent to the sale of house for which GPF withdrawal has been availed, the amount. withdrawn has to be deposited back. GPF withdrawal for housing purpose will no longer be linked with the limits prescribed under HBA rules. A subscriber may be permitted to avail the facility at any time during his service.
(xi) Purchase of motor car/motor cycle/ scooter, etc., or repayment of loan already taken for the purpose,
(xii) Extensive repairs /overhauling of motor car,
(xiii) Making deposit to book a motor car/motor cycle/scoter, moped, etc.
Further, a subscriber may be permitted to withdraw three-fourth of the amount standing at credit or cost of the vehicle, whichever is less for the above purposes. Withdrawal for the above purpose will be permitted after completion of 10 years of service.
Presently, withdrawal of up to 90% of balance without assigning reasons is allowed for Government servants who are due for retirement on superannuation within a year. It is proposed that this may be allowed for up to two years before superannuation.
In all cases of withdrawal from the fund by the subscriber, the declared Head of Department is competent to sanction withdrawal. No documentary proof will be required to be furnished by the subscriber. A simple declaration form by the subscriber explaining the reasons for withdrawal would be sufficient.
As per the GPF(CS) Rule 1960, no time limit has been prescribed for sanction and payment of withdrawal amount. Therefore, it has been decided by the Government to prescribe a maximum time limit of fifteen days for sanction and payment of withdrawal from the Fund. In case of emergencies like illness etc., the time limit may be restricted to seven days.
Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.
See the original DPPW O.M. >>> Pension Rules

Note:- The above information is subject to the Disclaimer of Dtf.in.

Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee

Livelaw.in 
March 6, 2017
Bombay High Court refused to grant relief to a MSEDCL (Maharashtra State Electricity Distribution Company Ltd) employee who was charged with accepting a bribe of Rs.5000 in 2007. The concerned employee was a Junior Engineer with MSEDCL, he sought.
The concerned employee was a Junior Engineer with MSEDCL, he sought directions from the court to his employers to pay a sum of Rs.20 lakhs (approx.) towards his salary and other allowances from December 2008 to February 2012. …

Now, IAS, IPS officers must file performance report online

Timesofindia.indiatimes.com
Mar 1, 2017
NEW DELHI: The Centre has decided to amend rules to allow online filing of performance reports of IAS and IPS officers.
The move will help in checking delayed submission of the confidential reports and claims of bias in giving low ratings to an officer to affect his or her career growth.
“Performance Appraisal Report shall be generated and written by the officer reported upon electronically as prescribed by the central government,” as per the draft rules formed by Department of Personnel and Training (DoPT). …

See copy of DoPT’s Letter dated 01.03.2017 > DoPT Letter dated 01.03.2017 – Proposal to amend AIS (PAR) Rules, 2007 >>> AIS – Rules/Circulars

Extraordinary leave is not matter of right: Delhi HC

Thehindu.com
February 26, 2017
‘Employee cannot be allowed to work at her convenience’
Legal entitlement to leave is with regard to leave which is authorised, like maternity leave or child care leave. However, extraordinary leave is not a matter of right, the Delhi High Court has said. Justice Valmiki Mehta has held that the “grant of extraordinary leave is not a matter of legal right and every employer, before granting extraordinary leave, has to balance various aspects, including the working requirement of the employer not being affected on account of leave sought by an employee”. …

UPSC cannot reject candidates for trivial slips, rules SC

Deccanherald.com
NEW DELHI: Feb 19, 2017
The Supreme Court has said the Union Public Service Commission cannot reject a candidate for misspelling or entering a wrong date of birth on the job application.
A bench of Justices Adarsh Kumar Goel and U U Lalit dismissed a special leave petition filed by the UPSC against a Delhi High Court judgement, directing the country’s highest recruitment body to clear the selection of Ajay Kumar Mishra to the National Defence Academy. …

Govt employee gets 7-yr-jail for depositing public money in daughter’s account

Deccanchronicle.com
Feb 17, 2017
New Delhi: A 63-year-old retired government servant has been awarded a seven-year jail term by a special court for depositing Rs 13.67 lakh of public money into her daughter’s bank account, using her as a ghost employee.
Special CBI Judge Gurdeep Singh, who also imposed a fine of over Rs 15 lakh on CGHS staffer Neelam Sehgal, awarded a five-year-jail term to her 77-year-old husband Jagdish Sehgal, a retired government servant too, for being part of the criminal conspiracy in the offence. …

‘CAT can have a say in transfer of govt staff’

Timesofindia.indiatimes.com
Feb 16, 2017
CHENNAI: Can the Central Administrative Tribunal (CAT) ask government to reconsider a transfer of a government employee? Yes, said the Chennai bench of CAT recommending the authorities concerned to consider an officer’s representation to stay transfer on the basis of some health conditions in his family. …

Public servants can’t show gifts as income from legal sources, says SC

Timesofindia.indiatimes.com
Feb 16, 2017
NEW DELHI: In its judgment deflating Sasikala’s ambition to become CM of Tamil Nadu, the Supreme Court has dealt a blow to gift-loving public servants by ruling that presents could not be counted as income from lawful sources.
A bench of Justices Pinaki Chandra Ghose and Amitava Roy said: “Gifts to Jayalalithaa, a public servant in the context of Sections 161to 165A of Indian Penal Code now integrated into the Prevention of Corruption Act, are visibly illegal and forbidden by law. The endeavour to strike a distinction between ‘legal’ and ‘unlawful’ as sought to be made to portray gifts to constitute a lawful source of income is thus wholly misconstrued.” …

Govt warns employees of action for misusing LTC

India today.intoday.in
February 13, 2017
New Delhi, Feb 13 (PTI) Central government employees found misusing Leave Travel Concession (LTC) will face disciplinary action, the Department of Personnel and Training (DoPT) has warned.
A government employee gets reimbursement of tickets for to-and-fro journey, in addition to leaves, when he avails LTC.  …

Missing government servant, spouse eligible for pension: High Court

Timesofindia.indiatimes.com
Feb 3, 2017
HYDERABAD: Stating that if a government servant goes missing and remains untraceable for seven years, it should be presumed that the person died, the Hyderabad High Court has directed the central government to pay pension and all other relevant benefits to the spouse of a missing government servant who remained untraceable for more than seven years. …

Officers to face action for delay in GPF payments

India.com
New Delhi, Jan 29 (PTI). Action will be taken against the officers concerned in cases of delay in processing payment of General Provident Fund (GPF) to retiring employees, the Centre has said. …

Employees to get promotion in pendency of appeals in courts

Financialexpress.com

NCST has no power to direct grant of promotion: High Court

Indianexpress.com 
January 12, 2017
The National Commission for Scheduled Tribes (NCST) has no power to pass orders directing the Centre to grant promotion to an employee, the Delhi High Court has said. The court said this while allowing a petition filed by the Centre challenging the April 30, 2015 order passed by the NCST directing that Ram Kishore Meena, an employee of the National Crime Records Bureau, be promoted to the post of lower division clerk from 2006. …

Govt Servant, Who Has Begotten Child By Surrogacy, Entitled To Maternity Leave: Chhattisgarh HC [Read Judgment]

Livelaw.in
January 10, 2017
There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court has observed while holding that a female government servant, who has begotten a child by procedure of surrogacy, is entitled to avail of maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010. …

Government jobs are not lollipops: High Court

Timesofindia.indiatimes.com
Dec 23, 2016
CHANDIGARH: The Punjab and Haryana high court has held that ex gratia or compensatory appointments cannot be treated like lollipops, which the court can give to a crying adult to pacify. …

Govt servant benefits not for brothers older than 18

Timesofindia.indiatimes.com
Dec 16, 2016
The terminal benefits, including death-cum-retirement gratuity, due to a government servant, cannot be given to her/his brothers if they are 18 at the time of being nominated to receive them, the Madras high court has ruled. …

Denial of ACR breaches Article 14

Thehansindia.com
Dec 05, 2016
The Annual Confidential Report (ACR) system is an old system started in the 1940s but is still used in the public sector organizations of many middle- and low-income countries (MLICs) such as India, Swaziland (Africa), and Sri Lanka. …

New rule limits babus’ foreign trips to four a year   

Timesofindia.indiatimes.com
Jan 15, 2016
NEW DELHI: Bureaucrats can go on a maximum of four overseas trips in a year, the finance ministry has directed in fresh guidelines which also say secretaries should only undertake foreign travel when no one else can be deputed. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf[dot]in.

INCOME TAX NEWS

Fake rent receipt won’t help you lower tax burden anymore
Govt notifies simplified ITR form; e-filing to start from tomorrow
Are you an honest taxpayer? Find out
I-T Dept yet to comply with CBDT order on publishing names of tax-exempt charities
Concealed income by mistake? No I-T penalty
Income tax department to pay interest on TDS refund
Choose the correct income tax return form
Rules regarding quoting of PAN for specified transactions amended
More …

Go to NEWS

Fake rent receipt won’t help you lower tax burden anymore

Timesofindia.indiatimes.com
Apr 05, 2017

MUMBAI: For as long as anyone can remember, producing fake property rent receipt, often from parents and relatives, has been an easy way to lower tax burden. Such cavalier disregard for tax rule was overlooked by most employers as well as taxman, who possibly felt it was a minor transgression. Perhaps, not anymore. …

Govt notifies simplified ITR form; e-filing to start from tomorrow

Timesofindia.indiatimes.com
Mar 31, 2017
NEW DELHI: The government on Friday notified a simplified income tax return form for individuals which will be available for filing ITR for assessment year 2017-18 from Saturday.
Currently, SAHAJ (ITR 1) is filed by salaried employees and ITR 2 by individuals and HUFs whose income does not include income from business.
The government has done away with two forms ITR 2A (used by individuals & HUFs not having income from business or profession and capital gains and who do not hold foreign assets). …

Are you an honest taxpayer? Find out

Economictimes.indiatimes.com
Jul 04, 2016
Prime Minister Narendra Modi believes that “Indians are inherently honest”, but a recent survey indicates that if given a chance, 58% of taxpayers will under-report their income to save tax. The online survey conducted last week by ET Wealth got 953 respondents across age groups and income levels. On the face of it, the results of the survey validate Modi’s words. Over 82% of taxpayers have never knowingly given incorrect information in their tax returns and 13.6% have done it just “once or twice.

A mere 4.4% are the bad apples who have under-reported their income many times in their returns. …

I-T Dept yet to comply with CBDT order on publishing names of tax-exempt charities

Moneylife.in 
24 June 2016
Following repeated directions from the Central Information Commission (CIC), the Central Board of Direct Taxes (CBDT) had asked the Income Tax (I-T) Department to place in the public domain names of all organisation and entities that enjoyed tax exemption. However, the I-T department has not yet complied with the directions. …

You may like to click on any of the following links:-
* Latest DOPT / CVC / RTI / MOF / CGHS / DPE Circulars/Orders
* Reservation for SCs/STs/OBCs/PWDs/Minorities
* Vigilance Clearance
* Right to Information (RTI) – Rules/ Notifications/Circulars
* Decisions of Central Information Commission – Section-Wise 

Concealed income by mistake? No I-T penalty   

Timesofindia.indiatimes.com
Apr 28, 2016
MUMBAI: The Mumbai bench of the Income-Tax Appellate Tribunal (ITAT), in a recent order, has taken a benevolent view and dismissed the penalty levied by income-tax officials for ‘concealment of income’ in the hands of a salaried employee. …

Income tax department to pay interest on TDS refund   

Timesofindia.indiatimes.com
Apr 26, 2016
NEW DELHI: The income tax department will now add interest amount to a delayed refund made on excess TDS deductions and will also not litigate with the deductor on this issue in the future, a latest directive has said. …

Choose the correct income tax return form   

Deccanchronicle.com 
Apr 26, 2016
Every year the government notifies the tax return forms applicable for the current assessment year. This year the tax return forms have been notified well in time just before the close of the financial year on March 3oth. The newly notified forms for the financial year 2015-16 do carry some changes over the previous year’s forms. …

Rules regarding quoting of PAN for specified transactions amended   

Business-standar.com
December 16, 2015
The Government is committed to curbing the circulation of black money and widening of tax base. To collect information of certain types of transactions from third parties in a non-intrusive manner, the Income-tax Rules require quoting of Permanent Account Number (PAN) where the transactions exceed a specified limit. …

I-T dept to use email for issuing notices

Timesofindia.indiatimes.com
Sep 20, 2015
NEW DELHI: In welcome news for taxpayers, the IT department has decided to launch a new system of issuing email notices to which an assessee can respond electronically, obviating the need for a physical interface with the taxman which often led to complaints about harassment. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf.in.

Women fighting harassment entitled to 90 days paid leave under the Leave Rules
GPF Withdrawal Rules Liberalized
Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee
More …

Go to NEWS.

Women fighting harassment entitled to 90 days paid leave under the Leave Rules

Mar 24, 2017 : Dtf.in : Ram Kumar Sharma
NEW DELHI: Women employees of the central government who file complaints of sexual harassment at the workplace now have the option of getting 90 days paid leave during pendency of the inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The move is significant as there have been complaints of those accused of sexual harassment trying to influence or threaten the victims.
The special leave in this case will be given on the recommendation of the internal complaints committee or the local committee formed to look into such charges.
The Department of Personnel and Training, Government of India, have since issued a notification under the Leave Rules. The leave granted to the aggrieved woman employee “shall not be debited against the leave account”.
As per the Department of Personnel and Training’s guidelines issued on December 22, 2016, “As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013”.” Further, “for a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account.”
To see the Notification dated 15.03.2017 and O.M. dated 22.12.2016, go to >>>  https://dtf.in/sexual-harassment-government-orderscirculars/

GPF Withdrawal Rules Liberalized

New Delhi, March 08, 2017 : Dtf.in : Neha Chandra 
After a review the General Provident Fund Rules have been liberalized by the Government of India. It has been decided by the Government to permit withdrawals from the fund by the subscriber for the following purposes:
(i) Education – This will include primary, secondary and higher education, covering all streams and institutions,
(ii) Obligatory Expenses, viz. betrothal, marriage, funerals, or other ceremonies of self or family members and dependants,
(iii) Illness of self, family members or dependants,
(iv) Purchase of consumer durables.
It has been decided by the Government to permit withdrawal of up to twelve months’ pay or three-fourth of the amount standing at credit, whichever is less. For illness, the withdrawal may be allowed up to 90% of the amount standing at credit of the subscriber. A subscriber may seek withdrawal after completion of ten years of service.
(v) Housing including building or acquiring a suitable-house or a ready-built flat for his residence,
(vi) Repayment of outstanding housing loan,
(vii) Purchase of house site for building a house,
(viii) Constructing a house on a site acquired,
(lx) Reconstructing or making additions on a house already acquired,
(x) Renovating, additions or alterations of ancestral house.
A subscriber may be allowed to withdraw up to ninety percent of the amount standing at credit for the above purposes. It is also decided do away with the present instructions which lay down that subsequent to the sale of house for which GPF withdrawal has been availed, the amount. withdrawn has to be deposited back. GPF withdrawal for housing purpose will no longer be linked with the limits prescribed under HBA rules. A subscriber may be permitted to avail the facility at any time during his service.
(xi) Purchase of motor car/motor cycle/ scooter, etc., or repayment of loan already taken for the purpose,
(xii) Extensive repairs /overhauling of motor car,
(xiii) Making deposit to book a motor car/motor cycle/scoter, moped, etc.
Further, a subscriber may be permitted to withdraw three-fourth of the amount standing at credit or cost of the vehicle, whichever is less for the above purposes. Withdrawal for the above purpose will be permitted after completion of 10 years of service.
Presently, withdrawal of up to 90% of balance without assigning reasons is allowed for Government servants who are due for retirement on superannuation within a year. It is proposed that this may be allowed for up to two years before superannuation.
In all cases of withdrawal from the fund by the subscriber, the declared Head of Department is competent to sanction withdrawal. No documentary proof will be required to be furnished by the subscriber. A simple declaration form by the subscriber explaining the reasons for withdrawal would be sufficient.
As per the GPF(CS) Rule 1960, no time limit has been prescribed for sanction and payment of withdrawal amount. Therefore, it has been decided by the Government to prescribe a maximum time limit of fifteen days for sanction and payment of withdrawal from the Fund. In case of emergencies like illness etc., the time limit may be restricted to seven days.
Necessary amendment to the GPF(Central Service)Rules 1960, giving effect to the above provisions will be issued in due course.
See the original DPPW O.M. >>> Pension Rules

Note:- The above information is subject to the Disclaimer of Dtf.in.

Bombay HC Upholds Principle Of “No Work No Pay”, Refuses Relief To State Government Employee

Livelaw.in 
March 6, 2017
Bombay High Court refused to grant relief to a MSEDCL (Maharashtra State Electricity Distribution Company Ltd) employee who was charged with accepting a bribe of Rs.5000 in 2007. The concerned employee was a Junior Engineer with MSEDCL, he sought.
The concerned employee was a Junior Engineer with MSEDCL, he sought directions from the court to his employers to pay a sum of Rs.20 lakhs (approx.) towards his salary and other allowances from December 2008 to February 2012. …

Now, IAS, IPS officers must file performance report online

Timesofindia.indiatimes.com
Mar 1, 2017
NEW DELHI: The Centre has decided to amend rules to allow online filing of performance reports of IAS and IPS officers.
The move will help in checking delayed submission of the confidential reports and claims of bias in giving low ratings to an officer to affect his or her career growth.
“Performance Appraisal Report shall be generated and written by the officer reported upon electronically as prescribed by the central government,” as per the draft rules formed by Department of Personnel and Training (DoPT). …

See copy of DoPT’s Letter dated 01.03.2017 > DoPT Letter dated 01.03.2017 – Proposal to amend AIS (PAR) Rules, 2007 >>> AIS – Rules/Circulars

Extraordinary leave is not matter of right: Delhi HC

Thehindu.com
February 26, 2017
‘Employee cannot be allowed to work at her convenience’
Legal entitlement to leave is with regard to leave which is authorised, like maternity leave or child care leave. However, extraordinary leave is not a matter of right, the Delhi High Court has said. Justice Valmiki Mehta has held that the “grant of extraordinary leave is not a matter of legal right and every employer, before granting extraordinary leave, has to balance various aspects, including the working requirement of the employer not being affected on account of leave sought by an employee”. …

You may like to click on any of the following links:-
* Latest DOPT / CVC / RTI / MOF / CGHS / DPE Orders/Circulars
* Conduct Rules
* CCA/Discipline Rules  
* Latest DOPT/CVC/RTI/MOF/CGHS/DPE Orders/Circulars
* Reservation for SCs/STs/OBCs  
* Vigilance Clearance
* Right to Information (RTI) – Rules/Orders/Circulars
* Decisions of Central Information Commission – Section-Wise 
* CGHS Circulars/Empanelled Hospitals/Package Rates

UPSC cannot reject candidates for trivial slips, rules SC

Deccanherald.com
NEW DELHI: Feb 19, 2017
The Supreme Court has said the Union Public Service Commission cannot reject a candidate for misspelling or entering a wrong date of birth on the job application.
A bench of Justices Adarsh Kumar Goel and U U Lalit dismissed a special leave petition filed by the UPSC against a Delhi High Court judgement, directing the country’s highest recruitment body to clear the selection of Ajay Kumar Mishra to the National Defence Academy. …

Govt employee gets 7-yr-jail for depositing public money in daughter’s account

Deccanchronicle.com
Feb 17, 2017
New Delhi: A 63-year-old retired government servant has been awarded a seven-year jail term by a special court for depositing Rs 13.67 lakh of public money into her daughter’s bank account, using her as a ghost employee.
Special CBI Judge Gurdeep Singh, who also imposed a fine of over Rs 15 lakh on CGHS staffer Neelam Sehgal, awarded a five-year-jail term to her 77-year-old husband Jagdish Sehgal, a retired government servant too, for being part of the criminal conspiracy in the offence. …

‘CAT can have a say in transfer of govt staff’

Timesofindia.indiatimes.com
Feb 16, 2017
CHENNAI: Can the Central Administrative Tribunal (CAT) ask government to reconsider a transfer of a government employee? Yes, said the Chennai bench of CAT recommending the authorities concerned to consider an officer’s representation to stay transfer on the basis of some health conditions in his family. …

Public servants can’t show gifts as income from legal sources, says SC

Timesofindia.indiatimes.com
Feb 16, 2017
NEW DELHI: In its judgment deflating Sasikala’s ambition to become CM of Tamil Nadu, the Supreme Court has dealt a blow to gift-loving public servants by ruling that presents could not be counted as income from lawful sources.
A bench of Justices Pinaki Chandra Ghose and Amitava Roy said: “Gifts to Jayalalithaa, a public servant in the context of Sections 161to 165A of Indian Penal Code now integrated into the Prevention of Corruption Act, are visibly illegal and forbidden by law. The endeavour to strike a distinction between ‘legal’ and ‘unlawful’ as sought to be made to portray gifts to constitute a lawful source of income is thus wholly misconstrued.” …

Govt warns employees of action for misusing LTC

India today.intoday.in
February 13, 2017
New Delhi, Feb 13 (PTI) Central government employees found misusing Leave Travel Concession (LTC) will face disciplinary action, the Department of Personnel and Training (DoPT) has warned.
A government employee gets reimbursement of tickets for to-and-fro journey, in addition to leaves, when he avails LTC.  …

Missing government servant, spouse eligible for pension: High Court

Timesofindia.indiatimes.com
Feb 3, 2017
HYDERABAD: Stating that if a government servant goes missing and remains untraceable for seven years, it should be presumed that the person died, the Hyderabad High Court has directed the central government to pay pension and all other relevant benefits to the spouse of a missing government servant who remained untraceable for more than seven years. …

Officers to face action for delay in GPF payments

India.com
New Delhi, Jan 29 (PTI). Action will be taken against the officers concerned in cases of delay in processing payment of General Provident Fund (GPF) to retiring employees, the Centre has said. …

Employees to get promotion in pendency of appeals in courts

Financialexpress.com

NCST has no power to direct grant of promotion: High Court

Indianexpress.com 
January 12, 2017
The National Commission for Scheduled Tribes (NCST) has no power to pass orders directing the Centre to grant promotion to an employee, the Delhi High Court has said. The court said this while allowing a petition filed by the Centre challenging the April 30, 2015 order passed by the NCST directing that Ram Kishore Meena, an employee of the National Crime Records Bureau, be promoted to the post of lower division clerk from 2006. …

Govt Servant, Who Has Begotten Child By Surrogacy, Entitled To Maternity Leave: Chhattisgarh HC [Read Judgment]

Livelaw.in
January 10, 2017
There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court has observed while holding that a female government servant, who has begotten a child by procedure of surrogacy, is entitled to avail of maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010. …

Government jobs are not lollipops: High Court

Timesofindia.indiatimes.com
Dec 23, 2016
CHANDIGARH: The Punjab and Haryana high court has held that ex gratia or compensatory appointments cannot be treated like lollipops, which the court can give to a crying adult to pacify. …

Govt servant benefits not for brothers older than 18

Timesofindia.indiatimes.com
Dec 16, 2016
The terminal benefits, including death-cum-retirement gratuity, due to a government servant, cannot be given to her/his brothers if they are 18 at the time of being nominated to receive them, the Madras high court has ruled. …

Denial of ACR breaches Article 14

Thehansindia.com
Dec 05, 2016
The Annual Confidential Report (ACR) system is an old system started in the 1940s but is still used in the public sector organizations of many middle- and low-income countries (MLICs) such as India, Swaziland (Africa), and Sri Lanka. …

Maharashtra first state to grant 180 days maternity leave in surrogacy cases   

Indianexpress.com
Jan 21, 2016
Maharashtra will be the first state in the country where women employees in government jobs can avail up to 180 days’ maternity leave while having a baby through surrogacy. …

New rule limits babus’ foreign trips to four a year   

Timesofindia.indiatimes.com
Jan 15, 2016
NEW DELHI: Bureaucrats can go on a maximum of four overseas trips in a year, the finance ministry has directed in fresh guidelines which also say secretaries should only undertake foreign travel when no one else can be deputed. …

Note:- It may be noted that the information in this website is subject to the Disclaimer of Dtf.in. If you have a complaint with respect to any content published in this website, it may kindly be brought to our notice for appropriate action to remove such content as early as possible or publish the latest/updated content/event, if any, at info[at]dtf[dot]in.

Lok Rakshak candidates forge caste certificates, six arrested
Man held for using fake certificate to claim job
Brahmin adopted by SCs can get quota job, says Punjab and Haryana HC
The Supreme Court is examining the “creamy layer” criteria used in civil service
Karnataka government mulls 70% quota for Dalits
More …

Go to NEWS.

Lok Rakshak candidates forge caste certificates, six arrested

Timesofindia.indiatimes.com
Mar 17, 2017 
Vadodara: Six persons including five candidates, who had applied as Lok Rakshak in police force were arrested for allegedly forging caste certificates. Two other candidates are absconding. …

Man held for using fake certificate to claim job

Thehindu.com 
February 16, 2017
The Regional Office of the Civil Rights Enforcement Cell, Belagavi, has registered a criminal case against Sanjeev, son of Nagaraj Alur of Shivanand Nagar in Dharwad, for using a fake caste certificate to claim a government job, besides educational and monetary benefits. …

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Brahmin adopted by SCs can get quota job, says Punjab and Haryana HC

Timesofindia.indiatimes.com
Feb 23, 2017
CHANDIGARH: Can a person avail the benefits of reservation under Scheduled Caste (SC) if he was born a Brahmin but was adopted and brought up by SC parents? In an order that will have wide-ranging ramifications, the Punjab and Haryana high court has held that such a person cannot be denied a government job under the reserved category. …

The Supreme Court is examining the “creamy layer” criteria used in civil service

Barandbench.com
Dec 02, 2016
The government’s reservation policies, including how the benefactors are identified, is up for scrutiny in the Supreme Court of India. On Monday, J Chelameswar and Prafulla Pant JJ issued notice in a batch of petitions challenging the Department of Personnel and Training (DoPT) policies on identifying the “creamy layer” within Other Backward Classes.
x  x  x
Along with issuing notice, the bench also noted that selections made under the OBC category in the UPSC Civil Service Examination of 2015 would be subject to the “final result” of these petitions. …
See related DoPT O.M. >>> DoPT O.M. dated 20.12.2016-Supreme Court Order dated 28.11.2016 in WPs filed by Jogindher G. and Ors. etc. Vs. UOI & Ors. etc. (Creamy Layer of OBCs)

Karnataka government mulls 70% quota for Dalits

Timesofindia.indiatimes.com
Dec 11, 2016
Hubballi: The Karnataka government is mulling 70% quota for Dalits and backward classes. Addressing the Madigara Maha Samavesh here on Sunday, CM Siddaramaiah said that Tamil Nadu has already provided 69% reservation for SCs and STs, adding that the state will consult legal experts to make amendments to the existing laws and put forth a resolution in the next Assembly session. …

Rajasthan High Court strikes down Gujjar reservation

Indianexpress.com 
The court pointed out several flaws in the SBC reservation while saying that the ceiling of 50 per cent can be exceeded in exceptional cases.
December 10, 2016
The Rajasthan High Court on Friday struck down five per cent reservation for Gujjars and four other castes under the Special Backwards Classes (SBC) category, underlining that reservation should not be provided “to achieve political goals”.
“Five castes (Gujjars, Banjaras, Gadarias, Raikas and Gadia Lohars), earlier falling in the category of OBCs and getting benefit of reservation, have been brought in the category of SBCs to provide five per cent reservation exceeding the ceiling of 50 per cent,” the court said. “…it is not that the Gujjars/Gurjars and others were having no representation either for admission in the educational institutions or in services.’’ …

Cabinet approves inclusion/amendments in the Central List of Other Backward Classes notified in respect of 8 States

Nov 30, 2016
“The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval to notify inclusion/Amendments in the Central List of Other Backward Classes notified in respect of States of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand.
On the recommendation of the National Commission for Backward Classes (NCBC), a total of 2479 Entries for inclusion, including its synonyms, sub-castes, etc. in the Central List of Other Backward Classes have been notified in 25 States and 6 Union Territories. The last such notification was issued till September, 2016. Meanwhile more advices for inclusion of castes/communities and corrections in the existing list of OBCs for the State of Assam, Bihar, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Jammu & Kashmir and Uttarakhand have been received from NCBC. Accordingly, a total of 28 changes recommended by NCBC in respect of 8 states including Jammu and Kashmir (15 new entries, 09 synonyms/sub-castes and 04 corrections) have been notified.
The changes will enable the persons belonging to these castes/ communities to avail the benefits of reservation in Government services and posts as well as in Central Educational Institutions as per the existing policy. They will also become eligible for benefit under the various welfare schemes, scholarships etc. being administered by the Central Government, which are at present available to the persons belonging to the Other Backward Classes.
Background
The NCBC was set up in pursuance to the Supreme Court judgement in the Indra Sawhney case as per the NCBC Act 1993. Section 9 (“Functions of the Commission”) of the NCBC Act 1993 states as under:
(i) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
(ii) The advice of the Commission shall ordinarily be binding upon the Central Government.”
(Source: pib website)

10% reservation for poor in govt jobs to continue

Government plans to introduce quota for faculty at IIMs

Timesofindia.indiatimes.com
Sep 16, 2016
AHMEDABAD: Union HRD Ministry has proposed to introduce reservation in teaching positions at Indian Institutes of Management (IIMs) and will hold talks with the chiefs of these premier B-schools in this regard. …

Are meritorious SC, OBCs being short-changed?

Timesofindia.indiatimes.com 
Jul 29, 2016
NEW DELHI: The national commission for SCs is examining if the Centre is using the concessions given to Dalits and backwards to appear in examinations as the basis to classify them as “reserved candidates” irrespective of merit. …

Supreme Court: 3 per cent quota for disabled must in all posts

Indianexpress.com
July 04, 2016
The court was ruling on two petitions which challlenged this policy in recruitment to state-run Prasar Bharati. S K Rungta, the only visually impaired senior counsel in the country, led the legal challenge.
QUASHING THE central government’s earlier orders on restricting reservation for the differently-abled in promotion to Group A and Group B posts, the Supreme Court has ruled that three per cent reservation shall be provided to them in all posts and services under the Government of India. …

State not bound to give reservation in promotion to SC, ST: Supreme Court   

Hindustantimes.com  
Mar 11, 2016
The state is not duty-bound to give reservation in promotion to Scheduled Caste and Scheduled Tribe employees, the Supreme Court said on Friday. …

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