Saturday, June 30, 2012

Shailesh Gandhi retire as CIC of RTI Act.

Shailesh Gandhi retire as Central information commissioner (CIC). Mr. Shailesh Gandhi, a noted Right To Information (RTI) activist from Mumbai, was appointed to the central information commission in 2008. He was a Central Information Commissioner(CICI) for Right to Information (RTI) who runs a fileless digital office. 
About Shailesh Gandhi: Shailesh Gandhi is a graduate in Civil Engineering from IIT Bombay. He was a first generation entrepreneur in plastic packaging and was CMD of Clear Plastics Ltd. In 2003, he sold his packaging business and become a Right-to-Information (RTI) activist. He was Chairman of the IIT Bombay Alumni Association for 3 years. RTI Promoting and teaching RTI to various sections of society. Effective user of RTI using it to improve governance. Conducted over 500 workshops for Citizens and Government officers in slums, clubs, offices, schools and colleges, without any charges. Helping and guiding many Citizens in using RTI responsibly.

Friday, June 22, 2012

Withholding info under RTI Act violation of fundamental right: CIC

In a significant judgment, the Chief Information Commissioner of Jammu & Kashmir GR Sufi has ruled that prohibiting disclosure of any information under the Right to Information Act-2009 without any justification is a violation of a fundamental right. The CIC asked the Deputy Commissioner Srinagar to dispose of an appeal filed by an applicant seeking information about Public Safety Act (PSA) detentions within 30 days.
 Khurram Parvez of Jammu & Kashmir Coalition of Civil Society (JKCCS) had filed an application under RTI Act - 2009 in the office of Divisional Commissioner Kashmir seeking information about detentions under PSA in the Valley during the past two decades. Later the Public Information Officer of Divisional Commissioner Kashmir forwarded the application to DC office Srinagar on January 20 this year.
 However, the Additional Deputy Commissioner Srinagar, then PIO, refused to disclose the information invoking Section 8 of the Act. The Deputy Commissioner, who happens to be First Appellate Authority, also rejected the application citing same grounds.  After hearing both sides, the State Information Commission said that the "FAA was duty bound to pass well –reasoned order which will be justifiable.” “(But) no such attempt has been made,” the judgment reads.
For Details visit: Greater Kashmir

RTI applicants paying Rs 500 for information from Allahabad HC

RTI applicants seeking information from Allahabad High Court are shelling out Rs 500 for each piece of information as the Uttar Pradesh government has not notified reduced fee recommended by the High Court in the Gazette. This came to light during a hearing at the Central Information Commission where Allahabad High Court officials conceded that they have reduced the fee rules but the state government had not notified it resulting in continuation of higher fee. According to RTI Act, public authorities can frame rules regarding fee.

RTI Act. Covers Employee information: Information Commissioner

A public body cannot refuse information concerning appointment of employees under the RTI Act on the pretext that it is personal, third party information which is exempt under the RTI Act, the Central Information Commission has held.  Information Commissioner Sushma Singh said that all the information on appointments made by public authorities would be covered under the Right to Information (RTI) Act. The transparency panel was hearing an appeal filed by Sunil Chhabra against the decision of Bharat Cooking Coal Ltd (BCCL), denying him information regarding the appointment of one Pujari Mandal.

Govt. Departments Websites for RTI Links

All Departments list with Websites and their Right To Information(RTI) Act. links are provided at below website link provided to get easy access to Website and concern officers/Authority in a particular Govt. Departments.

Friday, June 8, 2012

RTI Format for MLA Development Fund details

RTI Format for MLA Development Fund details and work carried out:
 
Public Information Officers
(Name of the Department)
(Office)
(Place)
 
Sub: Application under the RTI Act, 2005
 
Sir,
1. Please intimate the constituency in which the following address falls:
(Give your address here)
2. Please provide the following details for all the works awarded during the period __________to ___________for this whole constituency out of the MLA Constituency Development Fund:
a. Name of work
b. Brief Description of work
c. Amount sanctioned
d. Date of sanction
e. Status of completion
f. Name of agency
g. Date of start
h. Date of completion
i. Rate at which work awarded
j. Amount paid
k. Copy of sketch
l. How was the decision taken to carry out this work?
2. How much money was allotted to him during the current year and how much has been carried over from previous years?
3. Out of the above, projects worth how much money have already been sanctioned?
4. How many projects worth how much money are awaiting sanction?
I am depositing the application fee (Rs.10/-) separately/ I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:…./ If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request., where I may if required file my first appeal.
 
Thank you,
XYZ

RTI Format for Misuse of official vehicles details

RTI Format for Misuse of official vehicles details

Public Information Officers
(Name of the Department)
(Office)
(Place)

Sub: Application under the RTI Act, 2005

Sir,

Please provide the following information:
1. Please provide copies of log books of the all the official vehicles, which are either at the disposal of __________________________________________ or were used by him/her during the FY _____.
2. Please provide a copy of the rules that apply to the usage of official vehicles by politicians/bureaucrats at his/her level. Please also provide copies of rules governing recovery of excess usage done by them.
I am depositing the application fee (Rs.10/-) separately/ I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:…./ If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request., where I may if required file my first appeal.

Yours sincerely,
ABC

RTI for Indira Awaas Yojna Scheme Details

RTI for Indira Awaas Yojna Scheme Details:

Public Information Officers
(Name of the Department)
(Office)
(Place)

Sub: Application under the RTI Act, 2005

Sir,
I am a resident of ………… village of …………. Panchayat. I am homeless and yet i have not been allotted a house under the Indira Awaas Yojna Scheme. Provide the following information regarding the same:
1. Am I eligible to receive the benefits of the Indirs Awaas Yojna Scheme acoording to governmental records? if no then specify the reason.
2. If yes, then why have I not been allotted a house under the Indirs Awaas Yojna Scheme? Provide the names and designations of the officers/employees responsible ensuring that I receive the benefits of Indira Awaas Yojna Scheme .
3. How many people from my village have been allotted houses under the Indira Awaas Yojna Scheme in the last 5 years? Provide a list of such allottees with the following information:
• Name of the beneficiary
• Date of allotment
• Basis of allotment.
4. Provide an attested copy of the attendance register of the Gram Sabha in which the slection of the beneficiaries of the Indira Awaas Yojna Scheme was done.
5. Have the above mentioned allotments been done on the basis of the BPL List. Provide an attested copy of the BPL list of the above mentioned Panchayat.
6. Provide an attested copy of all the governing orders/directions/rules/regulations related to Indira Awaas Yojna Scheme allotments.
I am depositing the application fee (Rs.10/-) separately/ I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:…./ If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request., where I may if required file my first appeal.

Yours faithfully,
ABC

RTI Format for Expenditure of the Gram Panchayat and Work Details

Know the Description, Details and Expenditure on work by Gram Panchayat by RTI Act 2012. The RTI Application Format:
Public Information Officers
(Name of the Department)
(Office)
(Place)

Sub: Application under the RTI Act, 2005

Sir,

Provide the following information related to ………………….. Gram Panchayat.

1. What is the total amount of funds/money allocated under various heads/schemes to ………….. Gram Panchayat during the year 2001-06?

2.  Provide the following details of works done by the above mentioned Gram Panchayat with following particulars:

    Work/purpose for which the expenditure was incurred
    Brief description of the work/purpose
    Approved fund/amount for the work/purpose
    Date of approval of work/purpose
    Position/ state of completion of work or the ongoing work
    Name of the agency responsible for getting the work done
    Date of commencement of work
    Date of completion of work
    What is the rate at which the contract for work has been given?
    How much money has already been paid?
    An Attested copy of the sketch of the work
    When and on which basis the decision for getting the work done was taken? provide a copy of the decision
    Provide the names of the Assistant Engineer and the super intending engineers who supervised the work and approved the payments. Which part of the work was supervised by him?

3. Provide the expenditure (incurred) details of the …….. Gram Panchayat in the year ………. On various works/schemes:
    Name of work on which the expenditure was incurred
    Brief description of the work
    Approved fund/amount for the work/purpose
    Name of the agency responsible for getting the work done
    Date of commencement of work
    An Attested copy of the sketch of the work
    When and on which basis the decision for getting the work done was taken? provide a copy of the decision


I am depositing the application fee (Rs.10/-) separately/ I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:…./ If you feel that above requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005/Also as per the provisions of the RTI Act, 2005 please provide the details (Name and Designation) of the first appellate authority w.r.t to your department with the reply to the above request., where I may if required file my first appeal.


Yours faithfully,
ABC

Thursday, June 7, 2012

Second Appeal to CIC under RTI Act,2005

Second Appeal to CIC under RTI Act,2005

RTI Act confers right to access to information held by a Public Authority on all Citizens. In case,you have been denied the access to information you may file Appeal / Complaint before the Central Information Commission (CIC).

When to file an Appeal

19 (1) Any person who, does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Officer or State Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information Officer or State Public Information Officer as the case may be, in each public authority:
  1. Provided that such officer may admit the appeal after the expiry of the period of thirty days if he or she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
19 (2) Where an appeal is preferred against an order made by a Central Public Information Officer or a State Public Information Officer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.
19 (3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission:
  1. Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
19 (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.
19 (7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.
19 (8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to
  1. require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including
    1. by providing access to information, if so requested, in a particular form;
    2. by appointing a Central Public Information Officer or State Public Information Officer, as the case may be;
    3. by publishing certain information or categories of information;
    4. by making necessary changes to its practices in relation to the maintenance, management and destruction of records;
    5. by enhancing the provision of training on the right to information for its officials;
    6. by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;
  2. require the public authority to compensate the complainant for any loss or other detriment suffered;
  3. impose any of the penalties provided under this Act;
  4. reject the application.
19 (9) The Central Information Commission or State Information Commission, as the case may be, shall give notice of its decision, including any right of appeal, to the complainant and the public authority.
19 (10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.

RTI Complaint to CIC on denial access to the information

RTI Complaint  to CIC on denial access to the information

RTI Act confers right to access to information held by a Public Authority on all Citizens. In case,you have been denied the access to information you may file Appeal / Complaint before the Central Information Commission (CIC).

When to file a Complaint

18 (1) Subject to the provisions of this Act, it shall be the duty of the Central Information Commission or State Information Commission, as the case may be, to receive and inquire into a complaint from any person, -
  1. who has been unable to submit a request to a Central Public Information Officer or State Public Information Officer, as the case may be, either by reason that no such officer has been appointed under this Act, or because the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be, has refused to accept his or her application for information or appeal under this Act for forwarding the same to the Central Public Information Officer or State Public Information Officer or senior officer specified in sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be;
  2. who has been refused access to any information requested under this Act;
  3. who has not been given a response to a request for information or access to information within the time limit specified under this Act;
  4. who has been required to pay an amount of fee which he or she considers unreasonable;
  5. who believes that he or she has been given incomplete, misleading or false information under this Act; and
  6. in respect of any other matter relating to requesting or obtaining access to records under this Act. 

Wednesday, June 6, 2012

Second Appeal Format under RTI Act,2005


Second Appeal Format under RTI Act,2005
Date:
To
Chief Information Commissioner
Central/State Information Commission
(Address/Place)

Sub: Second appeal under Section 19/18 of the Right to Information Act,2005

S. no.
Required Information
To be filled by applicant
1.
Name and address of the appellant
XXXX

XXXXXXXX
PIN-XXXX
2.
Name and address of the Central Public Information Officer against the decision of whom the appeal is preferred
XXXX
The Central Public Information Officer
DGM (MIS)  & CPIO ,BSNL Co.
XXXXXXXX
XXXXXX
XXXXX - 110001
3.
Particulars of the order including number, if any, against which the appeal is preferred

4.
Brief facts leading to the appeal
I filed an application to CPIO,BSNL CO,New Delhi for seeking information under RTI Act,2005 regarding pay anomaly of JTOs (recruitment Year 2007 & 2008) which was deivered on 1st Aug,2011. After No reply from CPIO,I filed first appeal. On 21st Sep,2011 I received partial reply from APIO,BSNL stating that all these are “not a valid RTI request” without telling any section under which he can not provide information.
I have not received any correspondence from First Appellate Authority under RTI Act,2005


I filed an application under RTI Act, 2005 on to the PIO I got a reply from the PIO, Home Police-I/Establishment Department on stating that the information sought by me in my RTI application is exempted for disclosure U/S 8(1) ( ) of the Right to Information Act, 2005. Aggrieved I filed my first appeal on stating that the above provisions did not apply to the information sought by me in my RTI application. The First Appellate Authority in its orderdated dismissed the appeal “on the grounds of non-merit of the case. Hence this second appeal.
5.
If the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the central public information officer to whom the application was made
No.
6.
Prayer or relief sought
Please order the PIO to provide complete information within seven working days without charging any fee as the PIO has not provided the information within stipulated period.
As the PIO has not provided the information so far, the commission is also requested to impose a penalty under Section 20(1) of the Right to Information Act 2005 and also order for the departmental disciplinary proceedings under section 20(2) of the Right to Information Act 2005.
7.
Grounds for the prayer or relief
As the PIO has not provided the complete information so far, this appeal is filed as per section 19 of the Right to Information Act 2005. The PIO is also required to provide the information for free under section 7(6) of the Right to Information Act 2005. This Hon’ble Commission is also empowered to impose penalty and order for the disciplinary proceedings against the PIO under section 20 of the Right to Information Act 2005.
8.
Verification by the appellant
Verified the contents of this appeal on at Delhi.
9.
Any other information which the Commission may deem necessary for deciding the appeal.
Name & Address of the First Appellate Authority

Place: Delhi

Date: ( )

Index of Annexure:
1. Copy of the application under Right to Information Act, 2005 (Annexure I)
2. Copy of the receipt (Annexure II)
3. Copy of the reply received from the PIO (Annexure III)
4. Copy of reply by PIO (Annexure IV)
5. Copy of first appeal filed under Right to Information Act, 2005 (Annexure V)
6. Copy of the order of the appellate authority (Annexure VI)


Brief fact of the appealOrder of the Appellate Authority: Annexed as Annexure 4.


Grievance against the reply of Appellate Authority: Aggrieved, I filed the first appeal on ……….. The Appellate Authority did not give any hearing in the matter.


Prayer Sought: The CPIO should be directed to provide all the information sought in the initial application within a week. and impose the penalty to PIO under section 20(1).and also under section 20(2) action will be taken against the public information officer.


Request to the Commission: I would urge that I should be intimated about each hearing at the commission. I would also like to be present in each hearing.


Verification: Verified the contents of this appeal on the ___ day of___, 2006 at Delhi.


Yours truly,


First Appeal Format under RTI Act.2005


First Appeal Format under RTI Act.2005


To

                        Shri XXXXX, RPFC,
                        The First Appellate Authority under RTI Act  
XXXXXXXXXXXXXX,
Bangalore - XXXXX



Subject: First Appeal under RTI ACT,2005 for filed RTI application to CPIO


Dear Sir

I, (Name)  want to state that I have filed an RTI application for seeking information about status of my EPF account trsfers from KA/XXXX/XXX,  to my present accounts KA/BNG/XXXX/XXX at EPFO, Bangalore under RTI Act, 2005.However I have not received any reply from the CPIO, EPFO, Bangalore.

My RTI application (Copy attached) with IPO 10/- has reached on (Date) as per Speed post data (Copy attached).I am enclosing all the relevant documents with this application.

As I am aggrieved by no reply of Central Public Information Officer, EPFO, XXXX  I hereby file this appeal for your kind decision and provide me the information.

1. Details of appellant

Name of Appellant      :           XXXXXXX

Full Address                :           XXXXXXXXXX
XXXXXXX-144001
Email address              :           CONTACTS@rtiforum.org

Mob. No.                     :           94*************

2. Details of Central Public Information Officer (CPIO):

Name/Designation       :           Shri XXXXXX,RPFC

Full Address                :           XXXXXXXXX
                                                XXXXXXXXX 

3. Details of RTI application to CPIO/SPIO:

Date of Application     :          
Mailed on                    :            
Speed post Delivered   :          
Date of receipt by CPIO:         No reply

4. Particulars of payment of filing fee:

Paid Rs.10/- by IPO No. XXX XXXXXX  Dated                 of Bangalore(Karnataka)

5. Reasons/grounds for this appeal:

No reply from CPIO, EPFO, xxxx  till date.

6. Personal Presence at hearing: NO

7. Enclosures: Photocopies of original RTI application with its enclosures, postal proof of mailing

                                               


                                                                                    Signature of Appellant

Place:                                                  
Date:

Tuesday, June 5, 2012

RTI Format for EPF account transfer

RTI Application Format for EPF account transfer Details:
To
                     The Central Public Information Officer
            XXXXXXXXXXXXXX
            XXXXXXXXXXXXXXX
            Golibar Maidan, Pune - 411 001

         Name of Applicant         :                
         Full Address                          :               XXXXXXXXXXXXXX
                                                          XXXXXXXXXXXXXX
Email:
         Contact No.
Sub: Information regarding EPF account transfer from MH/PUN/XXX/XXX to my present accounts PN/CHD/XXX/XXX at Jalandhar & about an application in annexure A sent to RPFC-1, EPFO, Pune

Dear Sir,

I want to obtain following information under the Right to Information Act, 2005. The details are as under:
I have applied for transfer of my EPF account from MH/PUN/XXX/XXX to my present account MH/PUN/XXX/XXX at Jalandhar (Pb) on XXX/XXX.EPFO, Jalandhar has forwarded my application with Form-13 to RPFC-1, EPFO, Pune (MH) on 27-01-2011. In response to an on line grievance no. SRO/XXX/XXX, EPFO, Jalandhar has also sent reminder letter no. CSD/epfigms/SRO/JAL/ XXX/XXX dated XXXXX to RPF Commissioner-1, Pune. I have also sent an application as Annexure A to EPFO, Pune regarding EPF statement and status of my application for EPF transfer as above mentioned which has been delivered to EPFO, Pune on XXXXX by speed post.
Please provide the following information under the Right to Information Act, 2005:
Please provide the following information under the Right to Information Act, 2005:
1. Daily progress of my application with Form-13 (EPF acc. No. MH/PUN/XXX/XXX) forwarded to RPFC-1,EPFO,Pune by EPFO, Jalandhar
2. Daily progress of the reminder letter no. CSD/epfigms/SRO/JAL/ XXX/XXX dated XXXXX  sent from EPFO, Jalandhar to RPF Commissioner-1,Pune (Copy attached)
3. Daily progress of my application as Annexure A (Copy attached) to RPFC-1,EPFO,Pune
4. Names, designations and office addresses of the officials with whom my application  was lying during this period and date wise period with each official and detail of action taken by him/her for each of the above mentioned letters/applications
5. Please give evidence of receipt and dispatch of my application in the offices of each of these officials
Please inform me, according to your rules or citizens charter or any other order, number of days in which     such a matter should have been dealt with and resolved. Please also provide a copy of these rules.
6. Please let me know when I am likely to receive reply to my said application/letter
7. Please provide me certified photocopy of file notings held on my said application
8. Please inform me number of complaints which were received against your office in last one year or last  financial year
9. Please inform me number of employees of your office against whom disciplinary/departmental action was initiated in last one year or in last financial year for dereliction of duties
10. Also tell me daily progress of online grievance no. SRO/JAL/ XXX/XXX dated XXXXX filed on 21-01-2011 with date wise details of action taken

An IPO of Rs/- 10 payable to RPFC, EPFO payable at Pune (Maharashtra) enclosed having No. XXE XXXXXX

                                              Applicant’s Name & signature
                                            (ABC – APPLICANT’S NAME)