RTI NEWS
CIC directed for complimentary passes for hockey matches being put in public domain
CIC issues show-cause notice to RBI governor for non-disclosure of wilful defaulters’ list
Can get information under RTI despite other laws: High Court
Differently-Abled Not To Be Deprived Of Benefits Of RTI Act: SC Directs Authorities To Explore Advanced Technology To Make Information Accessible To Them
Serial RTI applicant warned for misuse of Information Act
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- CIC Decision dated 08.11.2018 on the Appeal filed by Shri Subhash Chandra Agrawal v. CPIO, Min. of Youth Affairs & Sports, New Delhi – The CIC directed for complimentary passes for hockey matches being put in public domain [Sections 6(3), 7(6), 8(1)(d), (e) & (j), 8(2); File Notings, Complimentary Passes, Hockey India League]
- CIC Decision dated 02.11.2018 on the Appeal filed by Shri Sandeep Singh Jadoun v. PIO, DGEAT – CIC issued show-cause notice to RBI governor for non-disclosure of wilful defaulters’ list [Sections 2(f), 4(1)(b),(c),(d), 8(1)(a),(d),(e) & (h), 8(2), 19(8), 22; NPA]
- Differently-Abled
SC: “Additionally, we think it appropriate to ask the authorities to explore any kind of advanced technology that has developed in the meantime so that other methods can be introduced. We are absolutely sure that if the petitioner would point out, the cognizance of the same shall be taken. We are also certain that the authority shall, with all sincerity and concern, explore further possibilities with the available on-line application/mechanism.” – SC Judgment dated 27.09.2018 – Aseer Jamal Vs. Union of India & Ors. - CIC Decision dated 05.09.2028 on the Appeal filed by R.P. Verma Vs. CPIO, Ordnance Factory, Raipur, Dehradun – CIC: The CPIO was directed to place this order before their competent authority to pass a speaking order ….. Appellant was warned against the misuse of RTI Act in future and was advised to make judicious use of his right to information. [Appointment, Misuse of RTI]
- CIC Decision dated 27.06.2018 on the Appeal,Complaint filed by Mr. R. Natarajan Vs. PIO, Ministry of Health & Family Welfare – The CIC observed as under:-
“The society is a creation of MCI, housed in the MCI building for extending ease of functioning. In garb of functional autonomy, the parent body MCI cannot be said to have abrogated its right to access information from the society.”
“The process of bestowing national honours cannot be kept away from public scrutiny. Any practice facilitating opacity will go on to diminish the sanctity of the honour and its past recipients.”
The CPIO, MCI was accordingly directed to access information from Secretary, Dr. B.C. Roy National Award Fund and furnish the same to the appellant. [Dr. B.C. Roy National Award] - SC: “Weighing the need for transparency and accountability on the one hand and requirement of optimum use of fiscal resources and confidentiality of sensitive information on the other, we are of the view that information sought with regard to marks in Civil Services Exam cannot be directed to be furnished mechanically. Situation of exams of other academic bodies may stand on different footing. Furnishing raw marks will cause problems as pleaded by the UPSC as quoted above which will not be in public interest.” (Emphasis Added.) (Sections 8,9,11) – SC Judgement dated 20.02.2018 – Union Public Service Commission, etc. Vs. Angesh Kumar & Ors. Etc. >>> RTI-Court Judgements
- Delhi HC: “Section 8 of the Act provides for exemption from disclosure of certain information and none of the provisions of Section 8 provide for blanket exemption that entitles the respondent to withhold all notings on a file.”, ” …. the reasoning, that the notings or information generated by an employee during the course of his employment is his information and thus has to be treated as relating to a third party, is flawed.” [Sections 2(f),8(1)(e),11(1),19(3); File Notings, Third Party Information] – Delhi HC Judgement dated 12.02.2018 – Paras Nath Singh Vs. Union of India >>> RTI-Court Judgements
- CIC Decision dated 22.01.2018 on the Second Appeal,Complaint filed by Shri Rajender Saxena Vs. PIO,EE, Citi Zone, North Delhi Municipal Corporation – CIC: “Perusal of the records of the case reveal that the FAA has passed a non-speaking and summary order without specifying how the PIO’s order is incomplete and unsatisfactory. The case is remanded back to the FAA to adjudicate over the matter and decide the same on merits, giving specific directions to the PIO to furnish the deficient information, if any.” [FAA, CPIO]
- CIC Decision dated 18.01.2018 on the Complaint filed by A. Gopi Krishna Vs. CPIO, Syndicate Bank, Regional Office, Visakhapatnam – CIC: “The Commission, therefore,
directs the FAA, Syndicate Bank, Regional Office, Visakhapatnam, to inquire into the matter as to whether the RTI application was received in the branch and, if so, what action was taken on the RTI application. The FAA shall also, if required, take appropriate departmental action against the officers responsible for the misplacement of the RTI application. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the appellant within a period of six weeks. …” [FAA, CPIO, Departmental Action for Misplacement of RTI Application]>>> Selected Decisions of Central Information Commission (CIC)
CIC directed for complimentary passes for hockey matches being put in public domain
Nov 09, 2018 : Dtf.in
The excerpts from the Hon’ble Central Information Commission’s Decision dated 08.11.2018 on the Second Appeal filed by Shri Subhash Chandra Agrawal, are given below:-
“14. …. the Commission directs the respondent authority to put in public domain, every time when they permit the complimentary passes for the hockey matches, in the interest of transparency and prevention of corruption along with detailed break up of distribution of complementary passes. The people have a right to know for each match how many complimentaries are given, and whether anybody is making any money over distribution of those complimentary passes. The Commission feels that the HI has to give the break up and other details of the complimentary passes for each sponsorer in each match also. …
The Commission directs the respondent authority to provide complete and revised information pertaining to point no. 3 of RTI application and further directs the CPIO, Ministry of Law and Justice, Department of Legal Affairs to provide complete and revised information pertaining to rules/norms relating the fee to be paid by the public authority to their counsel, to the Appellant .…”
See complete copy of the CIC Decision dated 08.11.2018 at: CIC Decision dated 08.11.2018 on the Appeal filed by Shri Subhash Chandra Agrawal v. CPIO, Min. of Youth Affairs & Sports, New Delhi >>> Selected Decisions of Central Information Commission (CIC)
CIC issues show-cause notice to RBI governor for non-disclosure of wilful defaulters’ list
The CIC has also asked the Prime Minister’s Office, the Finance Ministry and the Reserve Bank of India (RBI) to make public the letter of former RBI governor Raghuram Rajan on bad loans.
Moneycontrol.com
Nov 05, 2018
The Central Information Commission (CIC) has issued a show-cause notice to RBI Governor Urjit Patel for “dishonouring” a Supreme Court judgment on disclosure of wilful defaulters’ list.
The CIC has also asked the Prime Minister’s Office, the Finance Ministry and the Reserve Bank of India (RBI) to make public the letter of former RBI governor Raghuram Rajan on bad loans. …
More: The excerpts from the Hon’ble Central Information Commission’s Decision dated 02.11.2018 are as under:-
- ….. “The Commission invoking its authority under Section 19(8) requires the RBI to review, revise and reform their section 4(1)(b) disclosures in tune with the RTI Act, as soon as possible but not later than 45 days. The Commission directs the CPIOs of the RBI, the PMO and office of the Finance Minister to explain the action taken on the alerting letter written by Former Governor of RBI Raghuram Rajan on February 5, 2015, before November 16, 2018.
- The Commission directs Mr. Panigrahy to file a compliance report along with proof that RBI has supplied the information to PP Kapoor and placed the list of defaulters on their official website as per orders of CIC as confirmed by the Supreme Court in Jayantilal case, within five days, failing which the Commission shall initiate penal proceedings against him.
- The Commission feels that there is no match between what RBI Governor and Deputy Governor say and their website regarding their RTI policy, and great secrecy of vigilance reports and inspection reports is being maintained with impunity in spite of Supreme Court confirming the orders of CIC in Jayantilal case. However the Commission considers that it does not serve any purpose in punishing the CPIO for this defiance, because he acts under the instructions of the top authorities. The Commission has no alternative except to hold the Governor Mr Urjit R Patel and other officers of top management of this esteemed institution for dis-hounoring the judgment and directions of Supreme Court. The Commission considers the Governor as deemed PIO responsible for non-disclosure and defiance of SC orders and CIC orders and directs him to show cause why maximum penalty should not be imposed on him for these reasons, before November 16, 2018. The Commission, considering that it is the duty and function of the Commission as a whole to secure compliance of its orders, directs the concerned administrative officers of the Central Information Commission to explore possibilities enforcing the orders of learned Information Commissioner Shailesh Gandhi taken in appeal up to Supreme Court by the RBI, who lost all their cases and contentions, taking appropriate legal measures including the action for contempt of Supreme Court against the top management of the RBI. If the banking regulatory like RBI will not honour the Constitutional Institutions directions, what will be the effect of Constitution on securing Rule of Law? The Commission recommends the RBI governor to remember once, at least one of the 3 lakh farmer dying in the field as he failed to sustain his crop or to sell his produce for appropriate price and hence could not pay of the debt before defying the transparency law and directions and discontinue the non-disclosure policy which will seriously harm of the economy of this nation, immediately.
- The Commission finds no merit in hiding the names of, details and action against willful defaulters of big bad loans worth hundreds of crores of rupees. The RBI shall disclose the bad debt details of defaulters worth more than 1000 crore at the beginning, of Rs 500 crore or less at later stage within five days and collect such information from the banks in due course to update their voluntary disclosures from time to time as a practice under Section 4(1)(b) of RTI Act. …..”
See a copy of the Decision dated 02.11.2018 at: CIC Decision dated 02.11.2018 on the Appeal filed by Shri Sandeep Singh Jadoun v. PIO, DGEAT – CIC issued show-cause notice to RBI governor for non-disclosure of wilful defaulters’ list [Sections 2(f), 4(1)(b),(c),(d), 8(1)(a),(d),(e) & (h), 8(2), 19(8), 22; NPA]
Can get information under RTI despite other laws: High Court
Tribuneindia.com
October 19, 2018
More than a decade after the Right to Information (RTI) Act came into existence, the Punjab and Haryana High Court has interpreted its scope to make it clear that even a death certificate can be obtained under the social welfare legislation. An applicant can obtain information under the Act even when a system is in place under another statute or law. …
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Differently-Abled Not To Be Deprived Of Benefits Of RTI Act: SC Directs Authorities To Explore Advanced Technology To Make Information Accessible To Them
Sep 30, 2018 : Dtf.in
Hon’ble Supreme Court, in its judgment dated 27.09.2018, has ruled as under:-
“… …. we are disposed to think that no further direction needs to be issued except granting liberty to the petitioner to submit a representation to the competent authority pointing out any other mode(s) available for getting information under the Act. If such a representation is submitted, the same shall be dealt not only with sympathy but also with concern and empathy. We say so as differently abled persons, which include visually impaired persons, should have the functional facility to receive such information as permissible under the Act. They should not be deprived of the benefit of such a utility. As indicated in the beginning, the information makes one empowered. Additionally, we think it appropriate to ask the authorities to explore any kind of advanced technology that has developed in the meantime so that other methods can be introduced. We are absolutely sure that if the petitioner would point out, the cognizance of the same shall be taken. We are also certain that the authority shall, with all sincerity and concern, explore further possibilities with the available on-line application/mechanism.”
To see copy of SC Judgment dated 27.09.2018, please click here. >>> RTI – Court Judgements
Serial RTI applicant warned for misuse of Information Act
Sep 11, 2018
Times of India
Read more at: https://timesofindia.indiatimes.com/india/serial-rti-applicant-warned-for-misuse-of-information-act/articleshow/65761329.cms?utm_source=facebook.com&utm_medium=social&utm_campaign=TOIDesktop
PIO fails to attend hearing, State Information Commission coughs up Rs 10,000 requital
Dnaindia.com
Sep 10, 2018
The State Information Commission (SIC) has awarded a compensation of Rs 10,000 to an applicant after a Public Information Officer (PIO) repeatedly failed to attend the hearing. …
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