Cooperative Banks within the purview of the RTI Act: Bombay High Court
Housing societies bound by RTI Act, must share info: Court
Delhi HC stays CIC fine on DU for rejecting RTI queries on PM, Irani
HC quashes CIC order asking BCD to give minutes of meetings
Frivolous queries irk officials
Students can now seek ICSE answer sheets, re-evaluation: Info panel
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- 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)]
- CIC Decision dated 09.02.2017 on Appeal filed by Shri Shrigopal Soni Vs. PIO, National Science Centre -CIC: “If the complaint by an admonished misuse leads to punishment, RTI will become a mockery, encouraging removed employees like this complainant to further misuse RTI and demoralize the disciplinary authorities. Hence, the complaint is rejected with another record of admonition against this complainant.” [Disciplinary Case, Suspension, Misuse of RTI, Action Against Complainant]
- CIC Decision dated 06.02.2017 on Appeal filed by Shri Gopal Rao Gudi Vs.PIO, National Council of Science Museum – CIC: “The Commission directs the public authority to provide certified copies of contract copy, records of bills payable to outsourced employees and to update information about service records of outsourced employees on their noticeboard/website regularly under section 4 (1) (b) of the RTI Act.” [Sections 2(j),4(1)(b),20; Outsourced Employees]
- CIC Decision dated 20.01.2017 on Appeal filed by Mr. Ashwani Kumar Gupta, Distt. Durg, Chhattisgarh Vs. CPIO, Office of the CLC (C), Raipur, Chhattisgarh -“Once an applicant seeks information as defined in Section 2(f) of the RTI Act, the same cannot be denied to the information seeker except on any of the grounds mentioned in Section 8 or 9 of the RTI Act, the CPIO cannot add or introduce new reasons or grounds for rejecting furnishing of information.” [Sections 2(f), 8 and 9; Conciliation Proceedings]
>>> CIC Decisions
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)]
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
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. …
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). …
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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”. …
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. …
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. …
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. …
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.” …
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. …
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. …
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.
Order issued on an application by Rohtak-based RTI activist
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. …
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. …
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. …
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”. …
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.inThe 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
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. …
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. …
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. …
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. …
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.
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. …
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. …
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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