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RTI: Information concerning pension should be provided within 48 hours and the FAAs should initiate hearing proceedings within 48 hours: CIC …

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Information concerning pension should be provided within 48 hours and the FAAs should initiate hearing proceedings within 48 hours: CIC
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Draft RTI rules: Clause allowing appeals to be withdrawn puts applicants at risk, warn activists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
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RECENT DECISIONS/POSTS

RTIInformation concerning pension should be provided within 48 hours and the FAAs should initiate hearing proceedings within 48 hours: CIC

May 01, 2017 : Dtf.in
In the case of the second appeal filed by the Appellant, Hon’ble Information Commissioner, on March 30, 2017, ordered as under:-
“The Commission also requires as per Section 19(8)(a)(i, iii & iv) of RTI Act, the public authority to consider pension related information as life and liberty concerned information to provide quick access to information, publish necessary guidelines to deliver the pension related information and circulate amongst all CPIOs, and train them to provide such information concerning pension within 48 hours and the FAAs to initiate hearing proceedings within 48 hours.”
[Sections 7(1) and 19(8)(a)(i,iii & iv) of the RTI Act, Art. 21 of Constitution, and Section 125 of CrPC; Pension, Right to Life, Sr. Citizen]CIC Decision dated 30.03.2017 on Second Appeal filed by Amrika Bai V. EPFO, Raipur >>> https://dtf.in/selected-decisions-of-cic/

RTIRejection 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.

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

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Income Tax return leaked, Information Commission orders inquiry

RTIDraft 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. …

RTICIC 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.

RTIInformation 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). …

RTICooperative 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. …

RTIHC 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. …

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.  …

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.

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. …

Air Show
Representational Photo (Pixabay Image)

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

Amit University Students awaken patriotic poems of the Nation (Image Courtesy: Amity.edu)
Amity University Students awaken patriotic poems of the Nation (Image Courtesy: Amity.edu)

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 

    School should be made a place of pleasant learning for kids, free from assaults and humiliations.
School should be made a place of pleasant learning for kids, free from assaults and humiliations. (Pixabay Image)

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. …

Report CardGovt 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. …

Training on RTIComing 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. …

Right to Information

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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