Disciplinary and Transparency Forum – India Diciplinary & Transparancy Forum
Public authorities to ensure maintaining, publishing of relevant information under RTI Act: SC
‘Cantankerous Litigant’: UP Information Panel Disqualifies RTI Applicant For ‘Highly Unreasonable’ Behaviour
Tamil Nadu information commission worst performing in RTI responsiveness, says study
CIC Slams RTI Applicant for ‘Clogging the System with a Barrage of RTI Applications’ – Over 118 of Them on the Same Issue!
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HC: every page of RTI replies should be attested, signed
- CIC Decision dated 21.08.2023 on the Second Appeal/Complaint filed by Shri Saurabh Agrawal v. PIO, Bharat Petroleum Corporation Limited – CIC: “Filing a series of RTI applications and inundating the CPIOs with queries is not in keeping with the spirit of the RTI Act. … … A single information seeker cannot usurp a collective right to the detriment of all others having an identical right nor should a person be allowed to file indiscriminate and unchecked Second Appeals/Complaints so as to clog the system of adjudication itself to the disadvantage of others. It will lead to a colossal waste of time and resources of the Commission which has the obligation to cater to thousands of genuine information seekers facing hurdles. The means adopted by the Complainant … … only points to the ignorance of the Complainant about the spirit of the RTI Act.”
Hence, the complaints were dismissed by the Hon’ble CIC.
[Sections 8(1)(d) & (j), 11, 18, 20; Third Party Information, Indiscriminate Second Appeals/Complaints] - Sec. 6(1), 8(1)(e) & (j); CM Arvind Kejriwal, Oral request suo motu converted into an RTI application; Educational document is personal information; Personal Information; Penalty on Respondent No.2
Gujarat High Court directed as under:-
Para 30
“In absence of any inherent or suo moto powers being vested in the commission by the RTI Act, the Commission could not have entertained an oral request and suo moto converted it into an RTI application; that too at an appellate stage.”
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“40. Further despite the degree in question being put on the website of the petitioner University for all to see and despite this fact being made expressly clear with precision in the pleadings before this Court and despite the respondent never ever disputing the degree in question either during the pendency of these proceedings or even during final hearing, the respondent No.2 has persisted with the matter. This is one more reason to impose costs while allowing this petition.
41 Accordingly, petition is allowed. The impugned order dated 29.04.2016 passed in proceeding is quashed and set aside. Respondent No.2 is directed to pay costs of Rs.25,000/- to be deposited with Gujarat State Legal Services Authority within a period of 4 weeks from the date of this judgment.” – Gujarat HC Judgment dated 31.03.2023 – Gujarat University vs. M Sridhar Acharyulu (Madabhushi Sridhar) & 3 other(s) – [Sec. 6(1), 8(1)(e) & (j); CM Arvind Kejriwal, Oral request suo motu converted into an RTI application; Educational document is personal information; Personal Information; Penalty on Respondent No.2]
>>> Selected Decisions of Central Information Commission (CIC) - Certified Copies of Court Documents
SC: “42. … … In the absence of inherent inconsistency between the provisions of the RTI Act and other law, overriding effect of RTI Act would not apply.
(ii) The information to be accessed/certified copies on the judicial side to be obtained through the mechanism provided under the High Court Rules, the provisions of the RTI Act shall not be resorted to.” – (Secs. 2, 4(b), 6(2), 8(1)(a) to (j), 19, 22, 31; Disclosure of Information; Certified Copies of Court Documents)- SC Judgment dated 04.03.2020 – Chief Information Commissioner v. High Court of Gujarat and Another >>> RTI – Court Judgements
Public authorities to ensure maintaining, publishing of relevant information under RTI Act: SC
The court’s judgement came on a PIL by Kishan Chand Jain who sought a direction to the authorities to implement the mandate of Section 4 of the Right to Information Act, 2005.
Deccan Herald
19 August 2023
The Supreme Court has asked the public authorities to ensure maintaining and publishing of relevant information as mandated under Section 4 of the RTI Act, 2005.
A three-judge bench led by Chief Justice of India D Y Chandrachud directed the central information commission (CIC) and the state information commissions (SIC) to ensure proper implementation of the provisions of the Right to Information Act.
Read more …..
‘Cantankerous Litigant’: UP Information Panel Disqualifies RTI Applicant For ‘Highly Unreasonable’ Behaviour
The order was issued last month by State Information Commissioner Ajay Kumar Uprety, who is also the presiding officer, against Prayagraj resident Deepak Shukla.
ABP Live
Aug 12, 2023
The Uttar Pradesh Information Commission has declared an RTI applicant to be a “cantankerous litigant” and urged that he be “disqualified from seeking information under the RTI Act from public authorities” in a landmark decision, news agency PTI reported. It observed that the appellant has acted in a “highly unreasonable manner” and has shown no willingness to listen to reason.
“The commission finds (that) in his hands, RTI (Right to Information) will become a tool of intimidation and oppression,” the order was quoted by PTI in its report.
The order was issued last month by State Information Commissioner Ajay Kumar Uprety, who is also the presiding officer, against Prayagraj resident Deepak Shukla.
Shukla reportedly made derogatory statements and threatened the presiding officer and his employees.
Read more …..
Tamil Nadu information commission worst performing in RTI responsiveness, says study
While the State Information Commission of T.N. furnished only 14% of the information sought, Maharashtra’s SIC was second-worst, sharing 23% of the information
Thehindu.com
December 30, 2022
The State Information Commission of Tamil Nadu has been the worst performing as far as responsiveness under the RTI Act is concerned, furnishing only 14% of the information sought. Maharashtra was second-worst, sharing 23% of the information asked for, according to a report card on the performance of Information Commissions (ICs) in India for 2021-22 by the Satark Nagrik Sangathan.
CIC Slams RTI Applicant for ‘Clogging the System with a Barrage of RTI Applications’ – Over 118 of Them on the Same Issue!
Moneylife.in
25 November 2022
An applicant, who has been filing numerous right to information (RTI) applications to seek redressal from various public authorities—over 118 of them in the last several months—was slammed by chief information commissioner YK Sinha for not only filing them to irrelevant public authorities but also remaining absent for each and every second appeal hearing, that he asked for!
Mr Sinha, in his order, stated that RTI applicant Chitresh Kumar Banjare filed his application to public authorities which are “not even the actual custodian of information” and “notwithstanding the multiplicity of cases filed, inevitably he remains absent during the hearing of his cases.”
Read more …
SIC penalises former varsity official for violating RTI Act
SEPTEMBER 10, 2022
Retd. professor, denied entry to campus, had sought details under RTI Act, but was denied them.
The State Information Commission (SIC) has fined a former official of the University of Kerala for withholding information sought by a retired professor under the Right to Information (RTI) Act.
State Information Commissioner K.L. Vivekanandan, in his order, imposed a fine of ₹25,000 on former joint registrar (administration) P. Raghavan, who was also the then State Public Information Officer (SPIO) of the university.
Read more …
RTI: Public Information Officer fined by the Information Commissioner
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Thiruvananthapuram: Information Commissioner officer slapped with Rs.25,000 fine
Times of India
Jun 20, 2022
THIRUVANANTHAPURAM: The State Information Commissioner has slapped a fine of Rs 25,000 on Tripunithura municipality information officer for giving out misleading information to an RTI applicant, that too after keeping the application under wraps for a long time.
Read more … …
Over 32,000 RTI appeals pending with Central Information Commission: Govt
Fewer RTI appeals are pending with the Central Information Commission. Initiatives to enhance and improve transparency in the government have been introduced.
Hindustan Times
Dec 16, 2021
More than 32,000 RTI appeals are pending with the Central Information Commission, the Rajya Sabha was informed on Thursday.
Read more …..
MANUSCRIPTS CATALOGUED BY NATIONAL MISSION FOR MANUSCRIPTS, TO BE IN PUBLIC DOMAIN: CIC
The CIC directed the NMM to put in public domain the around 3 lakhs manuscripts (according to the respondent) which it has digitized so far within a period of one year from the date of receipt of this order. The CIC also directed the NMM to allow the appellant official access (including downloading) of 30,000 manuscripts it has already put in public domain out of the total around 3 lakhs manuscript digitized so far. Further, the appellant was required to bear downloading cost which he had offered to bear during the course of hearing.
More: See Selected Decisions of Central Information Commission (CIC).
HC: every page of RTI replies should be attested, signed
Thehindu.com AUGUST 26, 2021
‘PIOs, appellate authorities & Information Commission officials must also provide their Aadhaar number’
The Madras High Court has ordered that while replying to Right to Information (RTI) Act applications, the public information officers, appellate authorities as well as officials of Information Commission must sign in every page and provide their Aadhaar number too so that action can be taken for furnishing false information.
Read more …
RTI applicant must disclose interest in seeking information: Delhi High Court
Jan 21, 2021 : Dtf.in
Hon’ble Delhi High Court, in its landmark judgement dated 12.01.2021, has ruled that whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bona fides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons, whose information is sought.
To see full judgement dated 12.01.2021, please click here or at Selected Decisions of Central Information Commission (CIC).
Delhi HC issues notice to CIC for misinterpreting RTI Act provisions
Indialegallive.com
December 24, 2020
The Delhi High Court has issued notice in response to a petition filed by the Central government seeking the quashing of the order passed by the Central Information Commission alleging that it has misinterpreted the provisions of the Right to Information Act, 2005.
Hearing the petition through video conferencing, a single-judge bench of Justice Navin Chawla noted, “There shall be a stay on the operation of the order till the next date of hearing.”
Read more …
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Selected Decisions of Central Information Commission (CIC) * 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
CIC Pulls up CGHS for Not Disclosing Info on Essential Medicine Supply
An RTI activist has also complained to the CIC about the defunct nature of the RTI division of ICMR.
Thewire.in
May 04, 2020
New Delhi: During the coronavirus crisis, some key health organisations in the country have stopped responding to queries or have taken to providing irrelevant data even as people are looking to them for relief and information.
The Chief Information Commissioner Bimal Julka recently pulled up the Central Government Health Scheme for not providing information on whether the supply of essential medicines to wellness centres has been stopped. Read more …
More:
The complainant attended the hearing through WhatsApp.
The Central Information Commission in the case of the complaint filed by Mr. Anil Sood Vs. CPIO & Nodal Officer of Central Govt. Health Scheme, R.K. Puram Sector 12, New Delhi-22, observed on May 01, 2020 that there were complete negligence and laxity in the public authority (CGHS) in dealing with the RTI applications. According to the CIC, it was abundantly clear that such matters were being ignored and set aside without application of mind which reflected disrespect towards the RTI Act, 2005 itself. The Commission expressed its displeasure on the casual and callous approach adopted by the respondent (CGHS) in responding to the RTI application. It was felt by the Commission that the conduct of Respondent was against the spirit of the RTI Act, 2005 which was enacted to ensure greater transparency and effective access to the information.
See CIC Decision dated 01.05.2020 on the Complaint filed by Mr. Anil Sood Vs. CPIO & Nodal Officer, Office of Central Govt. Health Scheme, R.K. Puram Sector 12, New Delhi-22.
More CIC Decisions >>> Selected Decisions of CIC
Now send urgent RTIs to E-mail IDs of Info Officers, says Central Information Commission
The order was passed following a complaint made by a former DU student and advocate Mohit Kumar Gupta.
Newindianexpress.com
29th April 2020
NEW DELHI: Keeping in mind the ongoing lockdown, the Central Information Commission has directed all public authorities in the country to create dedicated unique e-mail IDs of Public Information Officers so that citizens can file urgent e-RTI applications without depending on the resumption of postal services. Read more …
More:
The Central Information Commission in the case of complaint by Mr. Mohit Kumar Gupta Vs. CPIO, University of Delhi, decided on April 22, 2020 as under:-
(i) An advisory was issued u/s 25(5) of the RTI Act to the Secretary DoPT to evolve a system after coordinating with the Director General, NIC in the spirit of the RTI Act and take immediate steps towards providing a platform for implementation of Sec 7(1) of the RTI Act.
(ii) A report on the action taken on the advisory might be sent to the Commission by the Secretary, DoPT within 7 days from the date of withdrawal of lockdown. Due to the ongoing pandemic of coronavirus in the country and the prevalent lock down, the Commission found it appropriate to highlight the issue of Sec 7(1) implementation by citizens more so, when postal receipt of RTI applications are minimal, in such situations all public authorities should encourage RTI applications through e-mail in case of life and liberty matter.
(iii) A unique e-mail id can be created by the CPIOs in this regard and reflected in their respective website. A method of online acceptance of RTI fees also has to be thought of in this regard. In so far as other normal RTIs are concerned, the RTI portal can be used.
Read CIC Decision dated 22.04.2020 on the Complaint filed by Mr. Mohit Kumar Gupta Vs. CPIO, University of Delhi. More CIC Decisions >>> Selected Decisions of CIC
The Latest Supreme Court Order Damages Power of the RTI Act. Here Is How
Moneylife.in
17 March 2020
Earlier this month, the three-judge bench led by Justice R Bhanumathi upheld that the Right to Information (RTI) Act cannot override relevant rules under the Gujarat High Court Rules. Information or certified copies of orders held by a high court (HC) can be given to a third party only as per rules framed by the HC and not under RTI, the Supreme Court (SC) says.
This, in other words, means that a citizen cannot file RTI seeking to obtain pleadings in the HCs that have own rules. Read more …
Electronic Voting Machines Not ‘Information’ Under RTI Act: Delhi HC
Livelaw.in
Dec 17, 2019
The Delhi High Court on Tuesday quashed the order of the Central Information Commission which had held that Electronic Voting Machines are within the definition of ‘information’ under section 2(f) of the RTI Act. …
HC directs RTO to give information under RTI Act
Activist had sought details of the inquiry initiated against an employee for illegally registering Hyundai cars
Tribuneindia.com
Jammu, October 26, 2019
As the Regional Transport Office (RTO), Jammu, has denied the information sought under the RTI Act allegedly to protect the corrupt employee of the office, the appellant has knocked the doors of the High Court to get the same information. The High Court has directed the department to respond to the RTI within a month’s time. …
Giving judgement on policy of organisations not envisaged under RTI: Delhi HC
Asianage.com
Oct 21, 2019
The order came on the ministry’s appeal, filed through advocates Rahul Sharma and C K Bhatt.
New Delhi: The Delhi High Court has said that giving judgment on the policy framework of an organisation and directing change of policies are not envisaged under the Right to Information (RTI) Act.
The observation by the high court came while setting aside a Central Information Commission (CIC) direction to the Centre to revise the present policy for selection of meritorious students under the ‘Bal Shree scheme’. …
Answer scripts can be obtained by students under RTI, says Madras HC
The Hindu.com
OCTOBER 17, 2019
Observing that evaluated answer scripts would fall squarely under the definition of the term “information” under the Right to Information (RTI) Act of 2005, the Madras High Court held that universities were bound to provide copies of such answer scripts to the examinees concerned. …
Probe Agency Can Withhold Names Of Tax Evaders In Panama Papers: Central Information Commission
The agency claimed exemption from disclosure under Section 24(1) to deny the request after the matter reached the Commission, the highest adjudicating body to decide RTI matters.
Ndtv.com
October 08, 2019
NEW DELHI: The names of alleged tax evaders appearing in the Panama Papers leak can be withheld by the Enforcement Directorate from disclosure, the Central Information Commission has held.
The Commission made these observations while deciding the plea of Durga Prasad Choudhary who did not get a satisfactory response from the agency on his RTI application. …
CIC Directs Department Of Economic Affairs To Provide Information About Donors To Political Parties
Livelaw.in
7 Oct 2019
The Central Information Commission on Tuesday directed the Department of Economic Affairs to co-ordinate with the Department of Financial Services and the Election Commission, to provide a consolidated reply to the Appellant on information sought by him regarding donors to political parties. …
RTI appeals’ waiting time doubles in 2 yrs
Timesofindia.indiatimes.com
Oct 12, 2019
NEW DELHI: A new report on the performance of the central and state information commissions based on data from January 2018 to March 2019 shows that in 26 information commissions, the number of pending RTI appeals and complaints stood at a high 2,18,347. In the central information commission alone, the estimated waiting time on appeals nearly doubled between November 1, 2017 and April 1, 2019, going up from 10 months to 1 year and seven months. …
RTI panel orders HC to give info to Tamil Nadu magistrate ousted from service
Times of India
Sep 25, 2019
CHENNAI: The Tamil Nadu State Information Commission has directed the Madras high court to provide a chief judicial magistrate documents and information he had sought under RTI on his compulsory retirement from service. …
Apply judicious rationale in seeking exemption from RTI on corruption case info: CIC to CBI
The CIC had in a number of orders made it clear that allegations of corruption do not enjoy exemption but there is no change in the position of the officers handling the RTI requests in the CBI.
Moneycontrol.com
Sep 24, 2019
It is imperative for the CBI to apply “judicious rationale” before applying exemption from the RTI Act in responding to petitions seeking records of graft cases probed by its anti-corruption units, the CIC has held. …
Information appellate bodies may be penalised for lapses
It is the responsibility of the head of the institution to appoint people those who are effective public information officers and first appellate authority. The FAA orders are often not transparent, says Bhaskar Prabhu
Dnaindia.com
Sep 2, 2019
While the RTI Act allows for penal provision and disciplinary action only against the Public Information Officers (PIO), the State Information Commission (SIC) is looking to tighten the noose around First Appellate Authorities (FAA) as well. …
Kerala Information Commission allows RTI applicants to take mobile snaps of documents
Newindianexpress.com
03rd August 2019
THIRUVANANTHAPURAM: Keeping up with the times, the State Information Commission has allowed Right to Information (RTI) applicants to take mobile phone photograph of public documents required.
Information seekers can request in their application that they would opt for taking a photograph rather than waiting for the office concerned take a photocopy and send it by post. …
Explained: What has changed in RTI Act? Why are Opposition parties protesting?
Indianexpress.com
July 22, 2019
On Friday, the government introduced in Lok Sabha the Right to Information (Amendment) Bill, 2019, which proposes to give the Centre the powers to set the salaries and service conditions of Information Commissioners at central as well as state levels. The government’s move triggered protests from the Opposition. …
MP Information Commission orders to provide rape accused cop copy of survivor’s college attendance
Newindianexpress.com
25th June 2019
BHOPAL: In a significant development, the Madhya Pradesh State Information Commission has decided to provide a rape accused cop information about the rape survivor under the Right to Information Act (RTI) – after the information was denied to him twice in the past under the 2005 law.
The matter pertains to Mandla district, where a police officer was accused in 2017 of allegedly raping a woman. A case of rape was lodged at the Kotwali police station against the concerned cop on the complaint of the woman. …
State Information Commission raps FAA on knuckles for denying first appeal hearing
The information commission during the second appeal hearing said that it is not correct for the PIO to state that no FAA was appointed at the public authority.
Dnaindia.com
June 04, 2019
The state information commission (SIC) in an order has showcaused a first appellate authority (FAA) on why no disciplinary action should be recommended for not conducting a first appeal hearing and passing an order on the same.
The order was passed by Sunil Porwal, state information commissioner on May 9 based on an application filed by Pravin Gosavi, an employee of Maharashtra Medical Development, who had sought details about his provident fund, salary increment and confidential report among others. …
CIC directs RBI to provide names of big loan defaulters
Thehindubusinessline.com
May 27, 2019
The Central Information Commission (CIC) has directed the Reserve Bank of India to disclose the list of big loan defaulters it had sent to banks for resolution.
The CIC’s directive came while deciding on a plea by Lucknow-based activist Nutan Thakur, who had based her RTI application on some media reports that RBI Deputy Governor Viral Acharya in a lecture in 2017 had said accounts of some loan defaulters have been sent to banks for resolution. …
APIC website reveals IDs, passwords of officials Hans News Service
Thehansindia.com
27 April, 2019
Ongole: In order to prove that the Andhra Pradesh Information Commission (APIC) is working in a too transparent manner, the website of the commission revealed all registration IDs of the officials and their password to the public. The Central Information Commission is running a website www.cic.gov.in and allows the people to submit an appeal or file a complaint through it. …
SC Gives ‘Last Opportunity’ to RBI for Rethinking its Stance on Disclosures Under RTI
Moneylife.in
26 April 2019
While giving ‘one last opportunity’, the Supreme Court on Friday asked Reserve Bank of India (RBI) to reconsider its position on disclosure of annual inspection reports of banks, list of wilful defaulters and other details sought by activists under Right to Information (RTI) Act. The apex court just stopped short of issuing a contempt notice against RBI Governor Shaktikanta Das in this matter. …
Share list of tainted officers since 2010, CIC tells govt
Timesofindia.indiatimes.com
Mar 27, 2019
HIGHLIGHTS
Thakur in May 2017, where she sought copies of department of personnel and training’s files and letters and notes exchanged …
Supreme Court Warns RBI of Contempt Proceedings for Not Disclosing Banks’ Annual Inspection Reports Under RTI
Moneylife.in
26 March 2019
The Supreme Court on Tuesday threatened the Reserve Bank of India (RBI) with contempt proceeding for not disclosing banks’ annual inspection reports under the Right to Information (RTI) Act. In January this year, the apex court had issued notice to the central bank on a contempt petition. …
BMC’s deputy law officials fined Rs 10,000 for not sharing information with applicant
Mar 18, 2019
The state information commission (SIC), in two separate orders, has fined a Brihanmumbai Municipal Corporation (BMC) deputy law officer of Rs 10,000.
Besides this, the commission has also sought disciplinary action against the officer and another public information officer (PIO), who failed to provide information even after an order from the SIC. …
Provide footage recorded during RAS mains to candidate: Rajasthan Information Commission
Dnaindia.com
Feb 6, 2019
In an important decision that is a statement on the Rajasthan Public Service Commission’s (RPSC) approach towards transparency in its examination system; the Rajasthan Information Commission has ordered RPSC to provide the video recording of the RAS 2016 mains exams of a particular centre. The appellant had claimed that he wanted to bring forth cheating done during the exam. …
Central Information Commissioner to Have Same Status as CEC, Babus Not Only Ones Fit For Post: SC
A two-judge bench of Justices AK Sikri and Abdul Nazeer said that the selection for Information Commissioners, appointed under RTI act, should not be limited to bureaucrats and candidates from a range of professions and experience should be considered.
News18.com
February 15, 2019
New Delhi: The Supreme Court on Friday in a landmark verdict ruled that Central Information Commissioner should have the same status as that of Chief Election Commissioner, thwarting the Centre’s bid to bring it under its ambit. …
Provide footage recorded during RAS mains to candidate: Rajasthan Information Commission
Dnaindia.com
06.02.2019
BMC sexual harassment case: Info panel directs to give details to applicant
Dnaindia.com
Dec 24, 2018
Dept action ordered against 7 ward inspectors
Timesofindia.indiatimes.com
Nov 12, 2018
Disclose corruption complaints against serving ministers: Central Information Commission to PMO
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
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
PIO fails to attend hearing, State Information Commission coughs up Rs 10,000 requital
See more RTI News at: RTI NEWS
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