22 November 2009,
NEW DELHI: The CBI, which has decided to
close the case against Italian businessman Ottavio Quattrocchi,
has refused to reveal information about
him relating to Bofors payoff case under the RTI Act
on the ground that it will "impede" the prosecution of the accused.
The disclosure "would impede the process of apprehension
and prosecution of accused," the investigating agency said
in reply to a plea under the Right to Information Act.
CBI said as the criminal case against Quattrocchi was
still pending in the trial court and that various other
petitions relating to the case were yet to be disposed
of in the Delhi High Court and the Supreme Court,
the documents and the information can neither be
provided nor allowed to be inspected.
The CBI's reply came on the RTI application filed by
advocate Ajay Agrawal seeking all documents, notings
and files pertaining to defreezing of Quattrocchi and
his wife's accounts at London.
The lawyer, who has opposed closure of case against
Quattrocchi in the apex court and trial court, had
also sought all information including advices, opinions
and notings of law officers as well as CBI's officers who
allegedly favoured him, leading to withdrawal of the
Red Corner Notice against him in November 2008.
Sunday, November 29, 2009
R R Patil orders probe into Karkare's 'missing' jacket
28 November 2009,
MUMBAI: Maharashtra home minister R R Patil
has directed the police to probe the case of
the "missing" bulletproof vest of Anti-Terror Squad
chief Hemant Karkare, who died fighting terrorists
during the 26/11 attacks.
"Patil has taken a serious view of the issue
(of missing jacket) and asked crime branch to
look into it," an aide of Patil said.
Union Home minister P Chidambaram has said it was
"shoddy" of the Mumbai Police to have not been able
to locate the bulletproof vest worn by Karkare when
he was fatally shot and added that he was sorry for the lapse.
Karkare was killed on the night of 26/11 near
Cama Hospital along with Additional Police Commissioner
Ashok Kamte and encounter specialist Vijay Salaskar.
Karkare's widow Kavita had said she filed an application
under the Right to Information Act to locate the jacket
but was told it was not traceable.
There have been allegations that the bulletproof vest
worn by Karkare at the time of his death was defective.
MUMBAI: Maharashtra home minister R R Patil
has directed the police to probe the case of
the "missing" bulletproof vest of Anti-Terror Squad
chief Hemant Karkare, who died fighting terrorists
during the 26/11 attacks.
"Patil has taken a serious view of the issue
(of missing jacket) and asked crime branch to
look into it," an aide of Patil said.
Union Home minister P Chidambaram has said it was
"shoddy" of the Mumbai Police to have not been able
to locate the bulletproof vest worn by Karkare when
he was fatally shot and added that he was sorry for the lapse.
Karkare was killed on the night of 26/11 near
Cama Hospital along with Additional Police Commissioner
Ashok Kamte and encounter specialist Vijay Salaskar.
Karkare's widow Kavita had said she filed an application
under the Right to Information Act to locate the jacket
but was told it was not traceable.
There have been allegations that the bulletproof vest
worn by Karkare at the time of his death was defective.
More awareness needed for RTI
AHMEDABAD: The awareness level among common people about the
Right to Information Act is not satisfactory.
This was stated by chief information
commissioner RN Das at a seminar on Your Rights under
Right to Information Act' at the Gujarat Chamber of
Commerce and Industry on Friday.
Das said several studies have revealed that the RTI
awareness level in the entire state is not satisfactory,
with a huge contrast seen in rural areas where some parts
were actively using it and some were completely ignorant.
According to Das, many people still do not know how to file
an application for seeking information.
Das further said that the provision of pro-active disclosure
should vary from area to area. Citing example of Panchmahal,
he said that the authorities have gone in for pro-active
disclosure but the information sought by the applicants
was slightly different.
Hence a study at the grass root
level needs to be carried out and authorities should disclose
information looking at the need of that area, he said.
Das further added that one has to ensure that the justice was
done to the poor and downtrodden, who are living within limitation
of the law.
level needs to be carried out and authorities should disclose
information looking at the need of that area, he said.
Das further added that one has to ensure that the justice was
done to the poor and downtrodden, who are living within limitation
of the law.
He cited two examples in which how he ensured justice
to the victims living within the parameters of the law. He said a
widow had sought information about the labour insurance after her
husband death.
to the victims living within the parameters of the law. He said a
widow had sought information about the labour insurance after her
husband death.
The labour department informed that the application
was sent to Oriental Insurance. Though the insurance company
was not in the purview of the state, he wrote to the
insurance company and during the hearing the widow got the cheque.
Speaking at the event, former city civil and session
judge BN Jani said that one cannot civilise the society
with bunch of laws. He also objected to the use of
the word request in the RTI.
was sent to Oriental Insurance. Though the insurance company
was not in the purview of the state, he wrote to the
insurance company and during the hearing the widow got the cheque.
Speaking at the event, former city civil and session
judge BN Jani said that one cannot civilise the society
with bunch of laws. He also objected to the use of
the word request in the RTI.
DVAC comes under RTI Act:: info panel
CHENNAI: In a landmark ruling, the Tamil Nadu State
Information Commission has held that the
Right To Information (RTI) Act would apply to the
Directorate of Vigilance and Anti-Corruption (DVAC),
nullifying the effect of a State government order of
August 26 last year exempting the DVAC and the State
Vigilance Commission from the purview of the Act.
The decision of the Commission has come as a shot
in the arm for RTI activists, who have been campaigning
for greater transparency among several government
departments in furnishing information.
The State Information Commission directed DVAC to
furnish within two weeks the number of investigations
completed, the number of those convicted
from 2003-04 to 2007-08, and their names and
designations to RTI applicant V Madhav, a resident of Porur.
Personal info can be sought under RTI, saysCHENNAI HC
21 November 2009,
CHENNAI: Can personal information such
as an address of an employee or
a pensioner be demanded under the
provisions of the Right To Information
(RTI) Act?
Yes, says the Madras high court.
Justice K Chandru, pointing out that the writ petitioner
M Kaliaperumal of Chennai wanted the personal details only
to execute a court decree, said:
"A pensioner does not cease
to become totally out of control from the government. On the
contrary, his conduct and character are continuously monitored
by the central government. In that context, the whereabouts of
such pensioner is also very much relevant and it cannot be a private
information. The authorities are bound to help
in the execution of court orders."
Kaliaperumal approached the postal department authorities at Gudur
in Andhra Pradesh, seeking information about a man named
K Ramachandra Rao, against whom a court order had been passed
in a forgery case.
Unable to find him at his residence, Kaliaperumal
filed an RTI application demanding to know the postal address of Rao
as the latter had been receiving his pension from the Gudur post office.
However, the RTI plea was rejected on the
ground that this was a personal
information and had no public interest. His appeal
too met with the similar fate.
Pointing out that the address was sought only to execute a court order,
Justice Chandru said Kaliaperumal was not able to take further civil
and criminal action against Rao as the latter's address was not known.
Directing the authorities to furnish the correct address of
Rao within 30 days, the judge said the plea did have a public
interest as the pensioner's exact whereabouts would clear doubts
as to whether such a pensioner really existed on the date of receipt
of his pension or whether a fraudulent claim had been made on his behalf.
"Such information cannot be denied," he said.
CHENNAI: Can personal information such
as an address of an employee or
a pensioner be demanded under the
provisions of the Right To Information
(RTI) Act?
Yes, says the Madras high court.
Justice K Chandru, pointing out that the writ petitioner
M Kaliaperumal of Chennai wanted the personal details only
to execute a court decree, said:
"A pensioner does not cease
to become totally out of control from the government. On the
contrary, his conduct and character are continuously monitored
by the central government. In that context, the whereabouts of
such pensioner is also very much relevant and it cannot be a private
information. The authorities are bound to help
in the execution of court orders."
Kaliaperumal approached the postal department authorities at Gudur
in Andhra Pradesh, seeking information about a man named
K Ramachandra Rao, against whom a court order had been passed
in a forgery case.
Unable to find him at his residence, Kaliaperumal
filed an RTI application demanding to know the postal address of Rao
as the latter had been receiving his pension from the Gudur post office.
However, the RTI plea was rejected on the
ground that this was a personal
information and had no public interest. His appeal
too met with the similar fate.
Pointing out that the address was sought only to execute a court order,
Justice Chandru said Kaliaperumal was not able to take further civil
and criminal action against Rao as the latter's address was not known.
Directing the authorities to furnish the correct address of
Rao within 30 days, the judge said the plea did have a public
interest as the pensioner's exact whereabouts would clear doubts
as to whether such a pensioner really existed on the date of receipt
of his pension or whether a fraudulent claim had been made on his behalf.
"Such information cannot be denied," he said.
Vijay Naik used the RTI to know why in 2000 his bank cut off his capital limit for no reason
November 11, 2009 Pune
 |
 All nationalised banks also fall under the purview of the RTI Act and non-compliance should be dealt with by the CIC.—Vijay Kumbhar |
“In January 2000, a branch manager and four officers of the Central Bank of India regional office suspiciously and suddenly cancelled our entire working capital limit.
It was a shock to me. I was working with the same bank before and knew all the rules and practices at the bank,” says Naik.
Naik pursued the matter for five years by submitting three complaints to the bank’s various offices upto the head office. “I approached the complaints redressing authorities (CRA) right upto the Reserve Bank of India.
I tried to find out the actual cause of the act and its documentation, but bank officers and executives at the Central Bank of India, including the public information officer (PIO) and appellate authority, suppressed the case and locked the files for 5 years,” says Naik.
In year 2005, the RTI Act came into realisation. “The PIO at Central Bank refused my RTI application in writing and so I approached the Appellate Authority.
Finally, I approached the CIC in Delhi. However, the CIC to dragged its feet and inspite of submitting proof against the bank, they took no action.
Just for the simple and legitimate task of allowing me to inspect the files, CIC New Delhi, conducted two unwarranted personal hearings (PH) at Delhi,” said Naik.
“On November 26, 2005, I started correspondence on the basis of RTI Act and fought till April 12, 2007 for about 16 months as opposed to the 30-day deadline,” added Naik. Also, the whole process cost him over Rs 20,000 as opposed to the Rs 10 official fee.
Naik, at last, tasted success. “The CIC released an order stating no officer/ staff can prepare internal notings, P&C documents on fake and fabricated information or documents.
Also, no executive can intentionally or unintentionally or by oversight approve or sign on such internal non-public notes, unless they are absolutely true,” Naik informed.
“Complaints with proofs obtained through RTI process were submitted to the Chairman and Managing Director of the Central Bank of India. They are still pending with him,” said Naik.
Vijay Kumbhar, RTI activist said, “I have studied the Vijay Naik’s RTI case and it has been proved that the Central Bank is dening to release papers under the RTI Act.
All nationalised banks also fall under the purview of the RTI Act and non-compliance should be dealt with by the CIC.
inputs by Vidya Ranade
Panjab University fails to give info under RTI
TNN 29 November 2009,
CHANDIGARH: Panjab University (PU) scrapped the list of 48 items,
which had been exempted from the purview of Right To Information (RTI) Act,
from its handbook on the direction of chief information commission (CIC).
However, it failed to provide complete information sought by an applicant
under RTI, following which, the complainant again approached the CIC
on Thursday. A few months ago, complainant Nitin Goyal had filed an
RTI seeking some details, which were, however, not acceded to by the
university. It claimed that the information sought was among the list
of 48 items included in the university hand book that was not included
under RTI.
The complainant had then approached the CIC demanding relief.
The CIC on November 6 directed the university to withdraw the list of
48 exempted items, titled list of items of information that cannot be
disclosed under the RTI Act, from the handbook. It further directed the
PIO to give complete information sought by the complainant before
November 26.
However, the complainant claimed that the information
provided by the PIO was insufficient. According to the complaint,
the PIO was directed to give the complainant copy of complaints and
actions taken by the disciplinary committee on these. If no action was
taken, it should also be stated. But the PIO provided him with incomplete
information on November 25.
Copies of complaints against Sukhmani Bal Riar, Rohit Sharma,
Semha Rai and Jaspreet Kaur were denied on the pretext that
these cases were pending, claimed Goyal.
Moreover, in October,
PU employee Gurcharan Singh Malhi was allegedly caught tampering
with re-evaluation results of two students. Finance development
officer Vikram Nayyar said “If the complainant was dissatisfied,
he was free to check the documents with PU.”
CHANDIGARH: Panjab University (PU) scrapped the list of 48 items,
which had been exempted from the purview of Right To Information (RTI) Act,
from its handbook on the direction of chief information commission (CIC).
However, it failed to provide complete information sought by an applicant
under RTI, following which, the complainant again approached the CIC
on Thursday. A few months ago, complainant Nitin Goyal had filed an
RTI seeking some details, which were, however, not acceded to by the
university. It claimed that the information sought was among the list
of 48 items included in the university hand book that was not included
under RTI.
The complainant had then approached the CIC demanding relief.
The CIC on November 6 directed the university to withdraw the list of
48 exempted items, titled list of items of information that cannot be
disclosed under the RTI Act, from the handbook. It further directed the
PIO to give complete information sought by the complainant before
November 26.
However, the complainant claimed that the information
provided by the PIO was insufficient. According to the complaint,
the PIO was directed to give the complainant copy of complaints and
actions taken by the disciplinary committee on these. If no action was
taken, it should also be stated. But the PIO provided him with incomplete
information on November 25.
Copies of complaints against Sukhmani Bal Riar, Rohit Sharma,
Semha Rai and Jaspreet Kaur were denied on the pretext that
these cases were pending, claimed Goyal.
Moreover, in October,
PU employee Gurcharan Singh Malhi was allegedly caught tampering
with re-evaluation results of two students. Finance development
officer Vikram Nayyar said “If the complainant was dissatisfied,
he was free to check the documents with PU.”
Saturday, November 21, 2009
UPA ministers' travel bill Rs 300 crore in 3 years
New Delhi: This is staggering. A whopping Rs 300 crore has
been spent between 2006 and 2009 as travelling expenses
of the cabinet ministers in the previous UPA government.
In a reply to an RTI query by activist Subhash Chandra
Agarwal, the statistics reveal such mammoth figures even
at a time when the country was going through economic
slowdown.
The reports from the cabinet secretariat clearly reveal the
fact that 30 cabinet ministers in the UPA's first term have
spent Rs 137 crore on travelling to foreign destinations
between fiscal 2006-07 and 2008-09.
Even the domestic travel expenses amounted to Rs 163 crore.
The statistics further reveal that expenditure incurred by the
Cabinet ministers during 2008-09 was around Rs 95 crore.
According to J L Khurana, senior accounts officer at the
ministry of personnel, public grievances and pension,
UPA ministers the office does not have any record of how
much an individual minister has spent since all the expenditure
is recorded under one respective account of all the ministers.
been spent between 2006 and 2009 as travelling expenses
of the cabinet ministers in the previous UPA government.
In a reply to an RTI query by activist Subhash Chandra
Agarwal, the statistics reveal such mammoth figures even
at a time when the country was going through economic
slowdown.
The reports from the cabinet secretariat clearly reveal the
fact that 30 cabinet ministers in the UPA's first term have
spent Rs 137 crore on travelling to foreign destinations
between fiscal 2006-07 and 2008-09.
Even the domestic travel expenses amounted to Rs 163 crore.
The statistics further reveal that expenditure incurred by the
Cabinet ministers during 2008-09 was around Rs 95 crore.
According to J L Khurana, senior accounts officer at the
ministry of personnel, public grievances and pension,
UPA ministers the office does not have any record of how
much an individual minister has spent since all the expenditure
is recorded under one respective account of all the ministers.
Right to Information Act-2005,The Common Man's BRAHMASTRA
JATINDER JAIN
Monday, 09 November 2009
India got Independence in 1947 and proclaimed itself
a Republic in 1950, with a great Constitution.
However, in practice, a brown elite replaced the
white masters and Swaraj did not come.
Mahatma Gandhi had said, “Real Swaraj will
come not by the acquisition of authority by
a few but by the acquisition of capacity
to resist authority when abused.”
A few did acquire the authority and retained it
The Right to Information is derived from
our fundamental right of expression
under Article 19 of the Constitution of India.
If we do not have information on how our
Government and Public Institutions function,
we cannot express any informed opinion on it.
This has been clearly stated by various
Supreme Court judgments, since 1977.
Citizens Right to Know is paramount.
Since the Government is run on behalf of the
people, they are the rightful owners who have
a right to be informed directly. Nine States
had enacted the Right To Information Acts
across India. On 11 and 12 May, 2005, the
two houses of Parliament passed the Right
To Information Act as Act 22 of 2005.
This become operational from 12 October, 2005 –
significantly Vijayadashmi.
The Importance of RTI
1. At the price of Rs.10, it provides the facility
for Citizens to get information on the Government's
actions and decisions. If you send your application
by registered post or courier, the extra cost will be
about 10 to 25 Rupees. The cost of getting the
information of about five pages would be Rs. 10/.
Even if you add the postage cost of getting the
information the total will be about 70 rupees.
The law mandates that the information has to be
given within 30 days.
2. If a few thousand Citizens spend about
Rs. 70 per month and about an hour in their
own house they can file a new RTI application
and get information about matters, which concern them.
The power of getting accountability,
reducing corruption, impacting policy
decisions and ensuring better governance
is now with us. We missed our opportunity in 1950,
but have another chance now.
YOU individually can make a big contribution
to getting the Nation we want.
A small effort from our own house,
can bring Swaraj.
What can the Right To Information Act do?
1. It restores to Citizens the right to get
information on rules, expenditure, reasons
for taking decisions, copies of Government
orders, agreements, Audit reports and so on.
Virtually most activities of the Government
can be monitored by the people.
2. Any Citizen can use RTI, without going
to any Government office, and with a very low cost.
With a ten rupee fee and a proper format,
a Citizen initiates a very powerful legal
course, which entitles him to information,
which can be demanded by MLAs and MPS on the
floor of the house! You do not have to get
forms from anywhere. Just use the format,
specified in some States.
3. Citizens have felt helpless as individuals
to question or correct wrongs as individuals.
This Act restores the majesty of the Citizen
and empowers him to use the Power of ONE.
4.It can convert our purely electoral democracy
into a true participatory democracy, by which we
can get and monitor better governance, and
also be early participants in framing policy.
Right to information is defined under Section 2(j) as:
"right to information" means the right to information
accessible under this Act which is held by or under
the control of any public authority and includes the
right to -
inspection of work, documents, records;
1.taking notes, extracts, or certified copies of documents or records.
2.taking certified samples of material;
obtaining information in the form of diskettes,
floppies. tapes, video cassettes or in any other
electronic mode or through printouts where such
information is stored in a computer or in any
other device; ‘
3. Information can be demanded from all Public
authorities, ie. all Govt. bodies and organizations
substantially financed by Government including NGOs
and aided schools and Colleges.
4. A time period within which information must
be provided, namely 30 days.
Method of giving the information.
1. Ten exemptions of information- Section 8 (1),- which
will not be given. However Section 8(2) specifies that
if there is great Public interest in disclosure, all
information must be given, even if it is exempt.
2. Citizens can ask for information by getting Xerox
copies of documents, permissions, policies and decisions.
3. Inspection of files can also be done and samples can be asked for.
4. All administrative offices of public authorities
have to appoint ‘Public Information Officers (PIO)’
or ‘Assistant Public Information Officer’ (APIO).
5. Citizens apply for information to the Public
Information Officer of the concerned office.
6. If information is not provided or wrongly refused,
the Citizen can go in appeal to an Appellate Authority
who would be an official in the same department, senior
to the PIO. The Appellate authority has to give a
decision in 30 days.
7. If this too does not give a satisfactory result,
one can appeal to the State or Central Information
Commissioner, which is an independent Constitutional
Authority, established under the Act.
The Act provides for a penalty for delay on the PIO
at a rate of Rs. 250 per day of delay, or for malafide
denial of information, or giving false information.
In case of information being delayed, no charges for
information are to be paid.
Thus RTI provides for a time bound and defined process
for Citizens to access information about all actions
taken by Public authorities. The penal provisions on
the PIO are the real teeth of the Act, which ensure
that the PIO cannot treat Citizen’s demands for
information in a cavalier manner
Make the RTI application clearly defining the
information you are seeking in Appendix A, sign it
and take a xerox copy for your record. Send it to
the office from which you are seeking information.
If you or your representative is delivering it personally,
get an acknowledgement on the Xerox copy.
You can also
send it by courier, or registered post, in
which case you should keep the acknowledgement.
Some offices cause problems in accepting hand-delivered
requisitions. In such cases, courier or post is advisable
Jatinder Jain
O/o SANKALP
135, BHATTAN STREET,
SUNAM-148028
DISTT SANGRUR
PUNJAB
PH 09417601110, 01676222299
Monday, 09 November 2009
India got Independence in 1947 and proclaimed itself
a Republic in 1950, with a great Constitution.
However, in practice, a brown elite replaced the
white masters and Swaraj did not come.
Mahatma Gandhi had said, “Real Swaraj will
come not by the acquisition of authority by
a few but by the acquisition of capacity
to resist authority when abused.”
A few did acquire the authority and retained it
The Right to Information is derived from
our fundamental right of expression
under Article 19 of the Constitution of India.
If we do not have information on how our
Government and Public Institutions function,
we cannot express any informed opinion on it.
This has been clearly stated by various
Supreme Court judgments, since 1977.
Citizens Right to Know is paramount.
Since the Government is run on behalf of the
people, they are the rightful owners who have
a right to be informed directly. Nine States
had enacted the Right To Information Acts
across India. On 11 and 12 May, 2005, the
two houses of Parliament passed the Right
To Information Act as Act 22 of 2005.
This become operational from 12 October, 2005 –
significantly Vijayadashmi.
The Importance of RTI
1. At the price of Rs.10, it provides the facility
for Citizens to get information on the Government's
actions and decisions. If you send your application
by registered post or courier, the extra cost will be
about 10 to 25 Rupees. The cost of getting the
information of about five pages would be Rs. 10/.
Even if you add the postage cost of getting the
information the total will be about 70 rupees.
The law mandates that the information has to be
given within 30 days.
2. If a few thousand Citizens spend about
Rs. 70 per month and about an hour in their
own house they can file a new RTI application
and get information about matters, which concern them.
The power of getting accountability,
reducing corruption, impacting policy
decisions and ensuring better governance
is now with us. We missed our opportunity in 1950,
but have another chance now.
YOU individually can make a big contribution
to getting the Nation we want.
A small effort from our own house,
can bring Swaraj.
What can the Right To Information Act do?
1. It restores to Citizens the right to get
information on rules, expenditure, reasons
for taking decisions, copies of Government
orders, agreements, Audit reports and so on.
Virtually most activities of the Government
can be monitored by the people.
2. Any Citizen can use RTI, without going
to any Government office, and with a very low cost.
With a ten rupee fee and a proper format,
a Citizen initiates a very powerful legal
course, which entitles him to information,
which can be demanded by MLAs and MPS on the
floor of the house! You do not have to get
forms from anywhere. Just use the format,
specified in some States.
3. Citizens have felt helpless as individuals
to question or correct wrongs as individuals.
This Act restores the majesty of the Citizen
and empowers him to use the Power of ONE.
4.It can convert our purely electoral democracy
into a true participatory democracy, by which we
can get and monitor better governance, and
also be early participants in framing policy.
Right to information is defined under Section 2(j) as:
"right to information" means the right to information
accessible under this Act which is held by or under
the control of any public authority and includes the
right to -
inspection of work, documents, records;
1.taking notes, extracts, or certified copies of documents or records.
2.taking certified samples of material;
obtaining information in the form of diskettes,
floppies. tapes, video cassettes or in any other
electronic mode or through printouts where such
information is stored in a computer or in any
other device; ‘
3. Information can be demanded from all Public
authorities, ie. all Govt. bodies and organizations
substantially financed by Government including NGOs
and aided schools and Colleges.
4. A time period within which information must
be provided, namely 30 days.
Method of giving the information.
1. Ten exemptions of information- Section 8 (1),- which
will not be given. However Section 8(2) specifies that
if there is great Public interest in disclosure, all
information must be given, even if it is exempt.
2. Citizens can ask for information by getting Xerox
copies of documents, permissions, policies and decisions.
3. Inspection of files can also be done and samples can be asked for.
4. All administrative offices of public authorities
have to appoint ‘Public Information Officers (PIO)’
or ‘Assistant Public Information Officer’ (APIO).
5. Citizens apply for information to the Public
Information Officer of the concerned office.
6. If information is not provided or wrongly refused,
the Citizen can go in appeal to an Appellate Authority
who would be an official in the same department, senior
to the PIO. The Appellate authority has to give a
decision in 30 days.
7. If this too does not give a satisfactory result,
one can appeal to the State or Central Information
Commissioner, which is an independent Constitutional
Authority, established under the Act.
The Act provides for a penalty for delay on the PIO
at a rate of Rs. 250 per day of delay, or for malafide
denial of information, or giving false information.
In case of information being delayed, no charges for
information are to be paid.
Thus RTI provides for a time bound and defined process
for Citizens to access information about all actions
taken by Public authorities. The penal provisions on
the PIO are the real teeth of the Act, which ensure
that the PIO cannot treat Citizen’s demands for
information in a cavalier manner
Make the RTI application clearly defining the
information you are seeking in Appendix A, sign it
and take a xerox copy for your record. Send it to
the office from which you are seeking information.
If you or your representative is delivering it personally,
get an acknowledgement on the Xerox copy.
You can also
send it by courier, or registered post, in
which case you should keep the acknowledgement.
Some offices cause problems in accepting hand-delivered
requisitions. In such cases, courier or post is advisable
Jatinder Jain
O/o SANKALP
135, BHATTAN STREET,
SUNAM-148028
DISTT SANGRUR
PUNJAB
PH 09417601110, 01676222299
EVM info can't be revealed under RTI Act
By : Jithendra.H.J on 07 November 2009
The Delhi High Court has held that information stored in
Electronic Voting Machine(EVM) cannot be made public
under the RTI Act. Justice Sanjiv Khanna set aside the
order of the Central Information Commission which had
asked the Election Commission to reveal information in
EVM to an information seeker under the transparency law.
"Right to information is an important right.
At the same time, maintaining secrecy and
confidentiality of the ballot papers is also an
equally valuable right," the court said.
The Court passed the order on a petition
filed by the Election Commission challenging
the CIC's order which had directed it to provide
information pertaining to which were noted down
from electronic voting machines. It had pleaded
that confidentiality of voters have to be protected
at any cost and it would be very easy to find out
voting pattern if such information are revealed.
"We are under law precluded from having access
to the information. We have custody of the machines
but we don't have custody of the information containing
in the machine," the Commission had said while expressing
its inability to disclose such information.
"Once EVMs are sealed, it is no longer open
to the Election Commission to de-seal them and
re-examine the data stored in the control unit except
under pre-conditions," the court said adding it could be
desealed only after an order of a competent court.
The Delhi High Court has held that information stored in
Electronic Voting Machine(EVM) cannot be made public
under the RTI Act. Justice Sanjiv Khanna set aside the
order of the Central Information Commission which had
asked the Election Commission to reveal information in
EVM to an information seeker under the transparency law.
"Right to information is an important right.
At the same time, maintaining secrecy and
confidentiality of the ballot papers is also an
equally valuable right," the court said.
The Court passed the order on a petition
filed by the Election Commission challenging
the CIC's order which had directed it to provide
information pertaining to which were noted down
from electronic voting machines. It had pleaded
that confidentiality of voters have to be protected
at any cost and it would be very easy to find out
voting pattern if such information are revealed.
"We are under law precluded from having access
to the information. We have custody of the machines
but we don't have custody of the information containing
in the machine," the Commission had said while expressing
its inability to disclose such information.
"Once EVMs are sealed, it is no longer open
to the Election Commission to de-seal them and
re-examine the data stored in the control unit except
under pre-conditions," the court said adding it could be
desealed only after an order of a competent court.
Monday, November 16, 2009
Court to hear plea on appointment of information commissioner
New Delhi, Nov 8
The Delhi High Court is likely to hear Monday a plea seeking transparency
in the appointment of a new chief information commissioner of the Central
Information Commission (CIC) and urging that bureaucrats should not be
first choice for the post as "an essential safeguard".
The petition was filed by Krishna Rao and six others demanding that
the government advertise the post of CIC chief widely and give equal
opportunity for submitting candidatures to those who are eligible.
The petition filed last week through advocate A. Rasheed Quereshi
submitted that “the function of Information Commissioner is to act as
transparency of public administration, so appointment of those who
have held key positions and high offices in the public administration
violates the principles of natural justice and creates a constant
threat of conflict of interest.”
“It is undesirable that bureaucrats are first choice for appointment
to the CIC, in fact non-bureaucrats should be the first choice for CIC
commissioner. This is necessary for providing an essential safeguard,”
the petition states.
Stressing that advertising for the CIC commissioner's post is necessary,
the petition says: “The process of issuing advertisements are part
of international best practices. Since CIC's position is quasi judicial
in nature, so it cannot be filled up through the closed process of
in-house selection from within the public authorities over which
it is expected to exercise jurisdiction.”
The present selection process is done by a committee comprising
the prime minister, Leader of Opposition and a union minister
nominated by the prime minister.
The activists have pleaded before the court that the government
select such candidates for quasi-judicial posts whose occupational
backgrounds make them "predisposed to conflicts of interest".
The petition also states that since the government does not advertise
or make efforts to get independent, talented and qualified persons
from other walks of life, they deprive the citizen the right to be
served by well-qualified second appellate authorities in matters
of Right to Information (RTI).
The CIC chief commissioner Wajahat Habibullah has resigned to
take up his new appointment as Jammu and Kashmir Information
Commissioner. His resignation is yet to be accepted.
The Delhi High Court is likely to hear Monday a plea seeking transparency
in the appointment of a new chief information commissioner of the Central
Information Commission (CIC) and urging that bureaucrats should not be
first choice for the post as "an essential safeguard".
The petition was filed by Krishna Rao and six others demanding that
the government advertise the post of CIC chief widely and give equal
opportunity for submitting candidatures to those who are eligible.
The petition filed last week through advocate A. Rasheed Quereshi
submitted that “the function of Information Commissioner is to act as
transparency of public administration, so appointment of those who
have held key positions and high offices in the public administration
violates the principles of natural justice and creates a constant
threat of conflict of interest.”
“It is undesirable that bureaucrats are first choice for appointment
to the CIC, in fact non-bureaucrats should be the first choice for CIC
commissioner. This is necessary for providing an essential safeguard,”
the petition states.
Stressing that advertising for the CIC commissioner's post is necessary,
the petition says: “The process of issuing advertisements are part
of international best practices. Since CIC's position is quasi judicial
in nature, so it cannot be filled up through the closed process of
in-house selection from within the public authorities over which
it is expected to exercise jurisdiction.”
The present selection process is done by a committee comprising
the prime minister, Leader of Opposition and a union minister
nominated by the prime minister.
The activists have pleaded before the court that the government
select such candidates for quasi-judicial posts whose occupational
backgrounds make them "predisposed to conflicts of interest".
The petition also states that since the government does not advertise
or make efforts to get independent, talented and qualified persons
from other walks of life, they deprive the citizen the right to be
served by well-qualified second appellate authorities in matters
of Right to Information (RTI).
The CIC chief commissioner Wajahat Habibullah has resigned to
take up his new appointment as Jammu and Kashmir Information
Commissioner. His resignation is yet to be accepted.
'Fearless' journalist Prabhash Joshi dies at 72
2009-11-06 18:20:00
Well-known Indian journalist Prabhash Joshi, 72, died following a heart attack here late Thursday. His demise was widely mourned as the passing away of a 'fearless editor' who was dedicated to 'ethics and transparency'.
Joshi was taken to a private hospital after he complained of chest pain at 11.30 p.m. where doctors declared him dead, hospital officials said. He is survived by his wife, two sons and a daughter.
Joshi began his career with 'Nai Duniya' and became the founder-editor of the leading Hindi daily 'Jansatta' in 1983.
'His family has taken the body by a chartered plane to Indore, Madhya Pradesh. They will travel to his native place Badwaha, 100 km away from Indore, where the cremation will take place Saturday afternoon,' a family friend said.
Information and Broadcasting Minister Ambika Soni expressed grief and recalled his immense contribution to the world of Hindi journalism.
'The journalistic fraternity has lost a multi-faceted personality with the demise of Joshi,' said Soni while recounting his career as a noted columnist, political analyst and a popular television commentator in his later years.
Former prime minister Atal Bihari Vajpayee said in a statement: 'He was representative of that generation of journalism which, despite everything, stayed rooted to issues of the common man, villagers and the grassroots.'
'His writing reflected Indianness. Journalism was not only his profession but also his social responsibility. He played an important part in Gandhian movement, Bhoodan movement, in the surrender of bandits and in the struggle against emergency,' Vajpayee said.
'I am saddened with the death of a determined, people's journalist who was a great friend,' he added.
Pankaj Pachauri of NDTV news channel said: 'Prabhashji was someone who never came under any pressure, either political or market pressure. He was one of his kind. He singlehandedly ran a campaign against communal forces at the time of the Ram Janmabhoomi campaign.
'His understanding of Hinduism was very clear and that's why he could talk about it while keeping politics away from it. His book on Hindutva is the best in the country for anyone who wants to understand Hinduism. It is a must read for everyone,' Pachauri said.
'Secondly, he used to love cricket and Sachin Tendulkar was his favourite. He used to watch cricket matches live to understand the game more,' he added.
Writer and magazine editor Pankaj Bisht said: 'Joshi was one of the important Hindi editors. His contribution to maintaining the seriousness of Hindi newspapers and keeping the position of editors intact at a time when papers were getting commercialised is commendable. He was a fearless editor.'
The National Campaign for People's Right to Information (NCPRI) also expressed condolence on Joshi's death.
'We, in the NCPRI, deeply grieve the demise of Prabhash Joshiji, a great advocate of the right to information, creator of the campaign and supporter of ethics,' an official statement by NCPRI said.
'He was a journalist of great repute. Apart from his immense contribution to journalism, his commitment and dedication towards ethics, transparency and his belief in securing social justice for all has inspired and encouraged many of us in the RTI campaign,' the statement added.
'Prabhashji was not only a prolific writer, he was a brilliant orator who spoke with frankness, and a ready sense of humour. His persistent support for transparency and ethics as the backbone of democracy. He also played a very important role in drafting the RTI legislation,' it added.
Well-known Indian journalist Prabhash Joshi, 72, died following a heart attack here late Thursday. His demise was widely mourned as the passing away of a 'fearless editor' who was dedicated to 'ethics and transparency'.
Joshi was taken to a private hospital after he complained of chest pain at 11.30 p.m. where doctors declared him dead, hospital officials said. He is survived by his wife, two sons and a daughter.
Joshi began his career with 'Nai Duniya' and became the founder-editor of the leading Hindi daily 'Jansatta' in 1983.
'His family has taken the body by a chartered plane to Indore, Madhya Pradesh. They will travel to his native place Badwaha, 100 km away from Indore, where the cremation will take place Saturday afternoon,' a family friend said.
Information and Broadcasting Minister Ambika Soni expressed grief and recalled his immense contribution to the world of Hindi journalism.
'The journalistic fraternity has lost a multi-faceted personality with the demise of Joshi,' said Soni while recounting his career as a noted columnist, political analyst and a popular television commentator in his later years.
Former prime minister Atal Bihari Vajpayee said in a statement: 'He was representative of that generation of journalism which, despite everything, stayed rooted to issues of the common man, villagers and the grassroots.'
'His writing reflected Indianness. Journalism was not only his profession but also his social responsibility. He played an important part in Gandhian movement, Bhoodan movement, in the surrender of bandits and in the struggle against emergency,' Vajpayee said.
'I am saddened with the death of a determined, people's journalist who was a great friend,' he added.
Pankaj Pachauri of NDTV news channel said: 'Prabhashji was someone who never came under any pressure, either political or market pressure. He was one of his kind. He singlehandedly ran a campaign against communal forces at the time of the Ram Janmabhoomi campaign.
'His understanding of Hinduism was very clear and that's why he could talk about it while keeping politics away from it. His book on Hindutva is the best in the country for anyone who wants to understand Hinduism. It is a must read for everyone,' Pachauri said.
'Secondly, he used to love cricket and Sachin Tendulkar was his favourite. He used to watch cricket matches live to understand the game more,' he added.
Writer and magazine editor Pankaj Bisht said: 'Joshi was one of the important Hindi editors. His contribution to maintaining the seriousness of Hindi newspapers and keeping the position of editors intact at a time when papers were getting commercialised is commendable. He was a fearless editor.'
The National Campaign for People's Right to Information (NCPRI) also expressed condolence on Joshi's death.
'We, in the NCPRI, deeply grieve the demise of Prabhash Joshiji, a great advocate of the right to information, creator of the campaign and supporter of ethics,' an official statement by NCPRI said.
'He was a journalist of great repute. Apart from his immense contribution to journalism, his commitment and dedication towards ethics, transparency and his belief in securing social justice for all has inspired and encouraged many of us in the RTI campaign,' the statement added.
'Prabhashji was not only a prolific writer, he was a brilliant orator who spoke with frankness, and a ready sense of humour. His persistent support for transparency and ethics as the backbone of democracy. He also played a very important role in drafting the RTI legislation,' it added.
Thursday, November 5, 2009
Transfer order of STC driver, who sought information under RTI Act, stayed
K.T. Sangameswaran,The Hindu
CHENNAI: The Madras High Court has granted interim stay of the operation of a State Transport Corporation order transferring a driver, who sought information from his employer under the Right to Information (RTI) Act. Justice K. Chandru ordered notice.
R. Ravikumar stated that he was a driver in Mettupalayam-2 branch of the Tamil Nadu State Transport Corporation, Coimbatore. Not satisfied with politically affiliated trade unions, he and some other likeminded employees wanted to set up the Driver Conductor Social Welfare Association.
He was also trying to get the grievances of employees, who proposed to join the new union, redressed. In the process, he requested the Public Information Officer to furnish details of the functioning of the Corporation.
In the reply, certain information was true and the others irrelevant. He sought the details of the functioning of the legal section.
He failed to get the information but earned officials’ displeasure. In January this year, he was informed that he should go to the branch office and receive his transfer order.
He informed the branch manager and officials that unless he was informed of genuine reasons for his transfer, he would not accept the order but would go on fast with his family in front of the branch office.
He submitted a representation to the General Manager in January. After nearly six months, he was relieved from duty on July 14 and asked to report at Gudalur the next day. The relieving order was issued before the transfer order dated January 22.
He said that the transfer was with the mala fide intention of punishing him for seeking information under the RTI Act.
CHENNAI: The Madras High Court has granted interim stay of the operation of a State Transport Corporation order transferring a driver, who sought information from his employer under the Right to Information (RTI) Act. Justice K. Chandru ordered notice.
R. Ravikumar stated that he was a driver in Mettupalayam-2 branch of the Tamil Nadu State Transport Corporation, Coimbatore. Not satisfied with politically affiliated trade unions, he and some other likeminded employees wanted to set up the Driver Conductor Social Welfare Association.
He was also trying to get the grievances of employees, who proposed to join the new union, redressed. In the process, he requested the Public Information Officer to furnish details of the functioning of the Corporation.
In the reply, certain information was true and the others irrelevant. He sought the details of the functioning of the legal section.
He failed to get the information but earned officials’ displeasure. In January this year, he was informed that he should go to the branch office and receive his transfer order.
He informed the branch manager and officials that unless he was informed of genuine reasons for his transfer, he would not accept the order but would go on fast with his family in front of the branch office.
He submitted a representation to the General Manager in January. After nearly six months, he was relieved from duty on July 14 and asked to report at Gudalur the next day. The relieving order was issued before the transfer order dated January 22.
He said that the transfer was with the mala fide intention of punishing him for seeking information under the RTI Act.
Punjab varsity seeks Rs 12L for RTI reply
TNN 2 November 2009 TOI
CHANDIGARH: Chandigarh’s Panjab University (PU) has asked an
LLM student, Varun Malik, to pay a whopping Rs 12.22 lakh
for replies that he had
sought to 19 queries under
the Right to Information Act.
Malik alleged that PU asked him to pay through the nose to
discourage him from seeking information that could blow the
lid off various scams on the campus.
The officials maintain that Malik has to pay the fee as RTI
rules make it clear that the petitioner has to
pay Rs 2 per page for the information sought.
‘‘The information Malik has sought runs into more
than 6 lakh pages,’’ an official said. Malik is unconvinced.
‘‘It’s surprising that the information would run into so many pages,’’
he said.
PU has sent Malik two reminders for the payment,
saying the information was almost complete.
He has been advised to avoid using ‘‘unparliamentary”
language while talking to its officials.
RTI Act: TN commission not facilitating access to info, say NGOs
CHENNAI: The Tamil Nadu Right To Information Campaign (TNRTIC),
a group of NGOs working in the area of the Right To Information (RTI) Act,
onWednesday criticised the State Information Commission
for giving false information pertaining to the availability of order copies.
Releasing a report here on a national-level study conducted by
National RTI Awards Secretariat, a Delhi-based NGO, on the
functioning of 28 information commissions from across the country,
TNRTIC coordinator Ossie Fernandes said that the Tamil Nadu State
Information Commission was not included in the study since it
had given false information to an RTI application filed by the
National RTI Awards Secretariat in June this year.
In its reply, the commission said that it had disposed off 40,400
complaints and appeals during 2008 and that all orders were
uploaded on its website, while earlier it had uploaded only 900 orders,
the TNRTIC coordinator pointed out. "The discrepancy between the
disposal of 40,400 cases and the availability of only 900 orders
lies at the crux of the Tamil Nadu State Information Commission's
ineffectiveness in facilitating citizens' access to information,'' he added.
Stating that the Tamil Nadu commission was passing orders without
conducting hearings in 90% of the cases, Nithyanand Jayaraman, one
of the coordinators, said that no other commission in the country
followed such a procedure.
"We urge the commission to conduct hearings whenever there is a
prima facie case of delaying, refusing or providing incomplete or
wrong information. In the absence of a hearing, public information
officers will not take the commission's order seriously,'' Jayaraman said.
"Although 70% of the orders of the commissions in the country are in
favour of disclosure of information, many public authorities don't
abide by it. The study revealed that RTI appellants before
the information commissions have only 27% chance to get
information; it did not beyond 40% even if the commission
concerned ordered for it (disclosure),'' said V Madhav,
another TNRTIC coordinator.
The study parameters included overall public satisfaction,
effectiveness, deterrent impact and pro-disclosure.
It analysed 51,000 orders passed by the commissions
and responses from about 6,000 appellants from across
the country.
The Karnataka State Information Commission
topped in terms of overall public satisfaction,
while the West Bengal State Information Commission
was placed at the bottom.
Anna Hazare, Aamir Khan want Kiran Bedi to hold top RTI job
Abhinav Garg & Anil Singh,TOI
NEW DELHI/MUMBAI: The issue of who succeeds Wajahat Habibullah
as the country's chief information commissioner has taken on an interesting
dimension with film star Aamir Khan, social activist Anna Hazare,
RTI activist Arvind Kejriwal and a procession of renowned personalities
mounting a vigorous campaign for the baton to be handed over to
the first woman IPS officer, Kiran Bedi.
Hazare, Aamir and a host of eminent persons have written to
PM Manmohan Singh as well as Congress chief Sonia Gandhi,
making a strong pitch that Bedi had the best credentials for a
job that is crucial for promoting transparency in governance.
"If you are appointing another person, please let us know how
that person is more suitable than Kiran Bedi," says the letter.
Signatories include Subhash Chandra of the Zee group, while
several other celebrities such as Narayana Murthy of Infosys,
are sending their letters on Monday.
The letter comes in the wake of fears that the hard-earned,
albeit limited, progress on the right to information is
endangered with bureaucracy invoking the specious plea
of public interest to negate the gains. A recent study
showed that less than one-third of RTI applicants got the
information they sought.
The judiciary is yet to warm up to the idea of public
disclosure of assets of judges, and the resistance seems
to have encouraged the bureaucracy. As a matter of fact,
secretaries of key ministries at the Centre are meeting on
Tuesday to discuss whether public servants should be made
liable to disclose their assets under RTI Act.
The CIC under Habibullah had several run-ins with the
bureaucracy as it sought to push the transparency envelope.
Though he did not always succeed in the face of entrenched
opposition, the country's first chief information commissioner,
with access to the top echelons of power, often managed
to hold his own.
Information rights activists are wary of the bureaucracy seeking
to influence the selection process to help install someone as
the CIC who will not be a hurdle in their efforts to reclaim lost ground.
"We have learnt that the government is appointing a person of
its choice as CIC this week without the wide consultation that is
needed for it," said Kejriwal, echoing the fear that a determined
attempt would be made to roll back the progress in making
transparency a right available to every Indian citizen.
Obviously, the two information commissioners --
M M Ansari and A N Tiwari -- who are in contention for
the job don't inspire much confidence among the activists.
They cite the findings of a study analysing the performance
of information commissioners to justify their scepticism as
well as why they consider Bedi to be the
ideal replacement for Habibullah.
A national tennis champ, Bedi joined the Indian
Police Service in 1972. She received the Magsaysay
award in 1994 for her work in prison reforms
as inspector-general of police in charge of Tihar jail.
Bedi opted for voluntary retirement in 2007 after being
overlooked for the post of Delhi police commissioner.
The CIC is chosen by a three-member panel comprising
the PM, the Leader of Opposition and a Cabinet minister
nominated by the PM (Veerappa Moily).
The post is at par with that of the chief election
commissioner and the term is five years or up to
the age of 65.
Section 12(5) of the RTI Act states:
"The chief information commissioner
and information commissioners shall be
persons of eminence in public life with wide knowledge
and experience in law, science and technology, social
service, management, journalism, mass media or
administration and governance."
To give such persons a fair chance to apply, RTI activists say,
the government must cast its net far and wide, all over India
and in all walks of life. It must advertise the position, attract a
good number of candidates and select the best from among
them with proper screening procedures. Hand-picking people
from a small inner circle at DoPT, PMO and Central Information
Commission, as it is doing now, is a sure way of "defeating
excellence, nurturing mediocrity and protecting vested interests"
within the administration, say RTI activists.
Speaking to TOI from Oman, Bedi said the news that Aamir
and Anna Hazare had recommended her name for the post was
"interesting".
However, the feisty former cop wondered if such
recommendations mattered.
"I wonder if these letters carry any
weight with the government. If the responsibility comes through,
I will serve the country but won't take any salary. I am independent
since the past two years and don't need any salary from the
government. If they still insist, I would like to donate it to my
foundation for poor children," Bedi said.
Trial run of video conferencing At Tamilnadu
Jeeva, TOI
CHENNAI: The much-awaited video conferencing facility
at the Tamil Nadu State Information Commission (TNSIC)
is likely to become reality next
month.
With the Electronics Corporation of Tamil Nadu (ELCOT)
scheduled to complete installation of equipment at
a cost of Rs 15 lakh at the commission's headoffice in
Teynampet by October 31, officials in the commission
said that the new system would be put on trial for ten
days once installation is complete.
"ELCOT has already demonstrated how the system works
and it is now coordinating with the National Informatics
Centre (NIC) and BSNL. We have reminded ELCOT to
complete installation as per schedule. Once it is over,
the system will be interlinked with the existing video
conferencing facility in the other district headquarters
in Tamil Nadu in a few days for trial run,'' official sources
in the information commission told The Times India.
With various departments in the secretariat and in NIC's office
in Besant Nagar already using the video conferencing facility,
the commission wanted ELCOT to arrange for a separate line
so that the commission's hearings could be conducted smoothly.
"We expected the facility to be ready by July or August.
However, it has taken longer as various agencies are involved.
Now, everything has been finalised and we are awaiting
installation of equipment,'' said S Ramakrishnan,
chief information commissioner.
"It will be a great help not only to appeallants but also
to us, since every week two information commissioners
visit the districts to conduct hearings,'' Ramakrishnan
pointed out. Presently, the commission hears
about 100 to 150 RTI appeals a day, most of them
from outside Chennai.
The commission's move to introduce video conferencing for
hearing cases has evoked a welcome response from appellants,
particularly from other districts. "We need not travel to Chennai
to participate in hearings. We appeal to the state commission to
arrange for online filing of appeals as implemented by the
Central Information Commission (CIC),'' said N Baskaran from Pollachi.
CIC, in New Delhi, has for more than two years now been hearing
cases from across India with the help of video conferencing.
Warning against misusing RTI Act
The Hindu
CHENNAI: There are 17 types of information, ranging from
log books and records to memos, maintained by a government
department which the public can access using the Right
to Information (RTI) Act. All that one needs to exercise this
fundamental right to information is a sheet of paper
and a Rs.10 worth legal stamp.
All this and more was discussed at a dissemination meet to
commemorate the celebration of RTI week (October 6-12)
held at the Tamil Nadu Dr. MGR Medical University here
on Monday. Speaking on the occasion, V. Srikumar,
law officer of the University, said that according to
official statistics, over 1.11 lakh RTI applications have
been filed in the State in the past four years.
More than 43,000 applications were filed in 2008 alone.
“The trend of seeking information through the RTI is
picking up. People are beginning to appreciate the
power of the Act and Tamil Nadu is one of the States
where a vast number of applications have been filed,”
said Mr. Srikumar.
“The RTI Act has also made government departments more
efficient by forcing officials to maintain the records properly,”
said Meer Mustafa Hussain, Vice-Chancellor of the University.
“Websites are also promptly updating anticipating request for
information,” he added.
He however had a word of caution for the public and said that
the Act is meant to help them and should not be used as a tool
to harass the administration.
The NCC Directorate organised a lecture on Monday as part
of the Week at Agarwal Vidhyalaya in which Sartaj Imam,
Deputy Director General of NCC, addressed the students.
Awareness rally
An awareness rally on RTI Act was organised by the
cadets of 1 (TN) battery NCC at Avadi. The unit is conducting
a CATC-cum-SSB camp at CRPF, Avadi, from
October 6th to October 15th. The rally was flagged off
by camp commandant Lt. Col. Ravikumar.
About 300 cadets took part in the rally carrying
banners and placards spreading the importance of the Act.
Government programmes should focus on efficiency of delivery: Pranab Mukherjee
New Delhi, Nov 3 : Union Finance Minister Pranab Mukherjee on Tuesday
said that efficiency of delivery has to increasingly become the focus of
Government programmes, as there is an urgent need to strengthen the
accountability mechanisms in the public domain.
Addressing the two-day Annual Economic Editors’ Conference in the
national capital, Mukherjee said the implementation of the Right to
Information Act (RTI) at the Centre and in many States, the setting up
of the National Authority to operationalise the Unique ID number, and
launch of National Skill Development Corporation are some steps in
the direction of improving governance with regard to delivery of
public services.
“Steps are being taken to strengthen the project monitoring and
evaluation system for public programmes and linking the performance
and feedback with subsequent allocations of resources and continuation
of programmes,” Mukherjee said.
The minister also said that the objective of deepening and broadening
the agenda for inclusive development is a major commitment of the
Government.
“To ensure that no individual, community or region is denied the
opportunity to participate in and benefit from the development
process and that there is food for all, education for all and health
for all, the Government has undertaken a paradigm shift for making
the development process more inclusive,” Mukherjee said.
“It involves creating entitlements backed by legal guarantee in
those areas of the development process, where existing institutional
arrangements and delivery mechanisms have so far been
unsuccessful in breaking down the barriers to universal access
to basic public goods and opportunities for livelihood,” he added.
Mukherjee further said that the Government has already seen great
success in programmes such as the NREGA that have been
implemented as a part of the initiative.
“In the past months extensive review of the programme has been
undertaken and changes introduced to make it more effective and
flexible in meeting local concerns. However, there is still a long way
to go and we need to further improve the momentum of our efforts,”
the Finance Minister said.
“For us, economic growth has to be an instrument for development
and not an end in itself. It has to be not only inclusive but also
equitable so as to sustain it over long period. In the last five years,
we have moved steadfastly in that direction and I am sure that we
will cover considerable ground in the next five years,” Pranab added.
Make RTI Act available in all Indian languages, says vice president
New Delhi, Oct 13 (IANS) Vice President Hamid Ansari Tuesday
expressed concern over unavailability of information on the
Right to Information (RTI) Act, 2005, or the act itself in 22 official
languages of India and said this needs to be addressed at the earliest.
Ansari was speaking at the second and the concluding day of the
4th annual RTI convention oragnised by the Central Information
Commission (CIC) here. The two-day convention is organized by
the Central Information Commission and its theme this year was
‘Strengthening Right to Information’.
‘The website of the ministry of personnel, public grievances and
pensions has the RTI Act in only 11 languages. The web sites of
most information commissions are not multilingual covering the
official languages adopted by the appropriate governments,’ he
said while delivering his valedictory address.
‘For example, the CIC does not have a Hindi website for dissemination
of information. Likewise, neither the RTI Act nor data on the web sites
of Information Commissions of states where Urdu is the second official
language are available in Urdu. This issue needs to be addressed at the
earliest,’ he added.
The vice president further said that empowerment would be meaningless
if it is sought to be achieved through a language that the citizen does not
understand.
The RTI Act was passed by the central government in June 2005 after
years of struggle by NGOs and civil society groups. It came into force
October 12, 2005, and completed four years Monday.
Ansari also raised concern over suo motto disclosure by the government
authorities and about organisations that are covered under the definition
of ‘public authority’ one way or another but have not come forward
pro-actively to be covered by the act.
He said that the previous conventions of the CIC came forth with an
exhaustive list of recommendations.
‘I am not aware about the extent of acceptance and implementation
of these recommendations by various stake holders. The collective
outcome of a convention of information commissioners must be
subject to serious deliberation and active consideration, with
a view to appropriate implementation. I hope the results of this
convention will also be seriously studied and lead to better
implementation of the act,’ he added.
‘Far from being a nuisance to the process of governance,
it is such dissatisfaction that propels government to improve
its functioning, be sensitive and empathetic to the problems
of citizens and ensures efficient allocation and spending of
public resources,’ he said.
The two-day convention is being attended by representatives
of civil society and media, both from within the country and
from the South Asian Association for
Regional Cooperation (SAARC) countries.
Saturday, October 31, 2009
Karnataka best in RTI implementation, WB worst
Chennai, Oct 27:
Karnataka Information Commission tops the Overall Public
Satisfaction (OPS) with 55 per cent according to National
RTI Awards Secretariat followed by Kerala, Punjab, Assam and Orissa.
Representing Tamil Nadu Right to Information
campaign, Madhav Vishnubhatta said the decision
involve feedback of 6,000 of nearly 35,00 respondents
and efficiency of the commission in providing
information including the impact of disclosure
against whom the application was made.
Vishnubhatta said that the report did not include
Tamil Nadu, Uttar Pradesh and Sikkim though a 51,000
orders were passed by the Information Commission.
"Tamil Nadu follows a unique procedure of passing
directions without any (proper) hearing based on appea
l received by the Commission," he said.
He said each of the three states failed to provide the
copies of the total registered orders.
However, inspite of topping the chart the percentage
of getting information through the Information
Commission is only 27 per cent. Earlier Karnataka
ranked low in report issued by the city-based Public Affairs
Centre (PAC) on Mar 10, 2009.
26/11 Hero's Wife Gets RTI Order to Seek Police Record
Mumbai | Oct 24, 2009
The Maharashtra Chief Information Officer (CIO) has asked
city police to allow Vinita, widow of slain police officer Ashok Kamte,
scrutiny of the original transcripts of telephone calls between control
room and police officers on the day of terror attacks last year.
CIO Suresh Joshi has also asked the police to provide copies of
original transcripts of telephone calls and control room log book
and documents to Kamte within 30 days.
The order was passed on Kamte's appeal against the order of a
Deputy Police Commissioner who allowed her scrutiny of
documents but refused to provide copies of the originals.
Kamte and two other police officers, Hemant Karkare and
Vijay Salaskar, were shot dead by terrorists Abu Ismael
and Ajmal Kasab on November 26 last year.
Kamte told PTI, "there were too many discrepancies in reports
on shoot-out in which my husband and two other senior officers
were killed. Unfortunately, police never told us what had happened.
According to a news report, police control room was not aware
that bodies of the slain officers were lying for 40 minutes behind
Cama Hospital after the shoot-out".
"Only when I went to the spot and talked to people
and officers I learnt that there was an exchange of
fire between terrorists and the three officers. Police
clarified this later but it was a half hearted explanation.
Therefore, I was curious to know what had happened
on that night," she said.
Kamte clarified she was seeking details of control room records
only for own satisfaction and that she had not embarked on
a blame game exercise.
Kamte said, initially, she wrote a letter to the city Police
Commissioner seeking details. He forwarded her letter to
Joint Police Commissioner Rakesh Maria but there was no
response. Kamte then filed an application through
Right to Information Act to get details.
The RTI officer rejected Kamte's application.
He attached a letter from Maria, saying the case
was on and the matter was sub-judice, Kamte said,
adding, she filed an appeal before DCP who allowed
her scrutiny of documents but refused to provide the originals.
Kamte said she then filed another appeal which has now
allowed her scrutiny of original documents.
A citizens' guide to using RTI
How does one file an Right to Information application?
How can it help? If the power of the sunshine law is anything
to go by, it's time for more widespread use, has come.
By Sunil Tinani
Citizen Matters
Unhygienic drinking water. Moon-cratered roads. Uncollected
, stinking garbage pile-ups. Power thefts. Statue-like BBMP officers.
Land grabs. Unauthorised structures. Residential plots converted to
commercial properties. Bribe-hankering government staff.
This list can go on and on.
Bangalore is down in the dumps and its leaders and administrators
seem to have abandoned their virtues and lost their will
along with their sense of right. Looking at the current state
of affairs, there appears to be no hope in sight unless the
average citizen picks up the gauntlet. If the power of the
Right to Information law is anything to go by, it is time for
the common citizen to wake up and smell the kaapi.
It may even be that the average Joe Bangalorean can
redeem himself of the mess our leaders have created, a
nd perhaps even turn into an everyday superman.
This article will show you how.
As a citizen, you have the right to know about
how the government is going about improving your
living conditions. The RTI Act entitles you to receive
all the information you need from government departments
and this is how you should get it:
1. Figure out what your ward number is. This information is there in the BMP website, and sometimes it's written on the yellow colour streetname signs. Your residents' association or apartment owners' association head will usually know this. You can also find out by calling the Corporation office.
2. Find out who the Executive Engineer is for your ward. Get his or her name, telephone and mobile number.
3. Now find out who the Assistant Executive Engineer (AEE) is for your area. Remember this: Mostly, the AEE doubles up as a PIO (Public Information Officer) under the RTI Act, and he is liable to give you information. In some cases the EE (Executive Engineer and in some cases the JD (Joint Director) is designated as the PIO, and there is an appellate authority who supersedes him.
4. Now it's time to get into action mode - fill out an RTI form and submit it to the AEE (or PIO) and ask for a list of all the development works that have been executed in your area during a certain period. For example, ask for a list of works executed for the last 6 months, or for the last financial year. Also, ask for a list of the contractors and the corporation officials who were involved with the work, the total amount spent, the budgeted amount and what is the balance left, if any.
5. The PIO has to furnish this information within 30 days. Be ready for a delay as sometimes PIOs are not cooperative, and if their non-cooperation continues, you may approach the appellant authority that presides over the PIO and sits in the same department as him. If the appellate authority too does not act, you can approach the CIC (Chief Information Commissioner), who sits at MS Building, Gate No. 2, 3rd Floor, Dr. Ambedkar Veedhi, Bangalore-560001. The Chief Information Officer (CIC) will then take up the mater with the PIO. You must ask for a penalty of Rs. 250/- per day for every day starting from the 31st day of your original request.
6. Once you receive the information from the BBMP, you must check to see if the work has been done as per the estimate. Check the list of development works against the actual work done. It's as easy as that. In many cases it will not be, and that is why Bangalore is where it's at today. This then becomes the basis to seek remedies.
7. Note, in some cases, you should also examine tender documents to remove any doubt you may have.
From the documentation you have gathered, when you are
convinced that something's amiss, you can formally complain
to the Commissioner of the Corporation or to the chief of the
government department as the case may be, enclosing the
evidence you have assembled using the RTI Act.
Tell the official, in writing, to take action and rectify
the damage done and take a time-commitment from him.
Wait for him to rectify the shoddy work and to penalise the guilty officers.
If the top officials do not act, there are two steps you can take -
approach the media. Along with unleashing the media,
let us also add that it makes sense to tackle corruption in a group.
You can form a group of like-minded citizens, and sure enough
you will find many who are fed up with the civic infrastructure and amenities.
With the evidence collected, you can complain to the top officials as a group.
Another option is to team up with city-based organisations that are active
in the RTI arena - their list is provided in a box on this page.
Whichever way, your goal is to ask the administration,
using your evidence to take action.
As a final resort, you can also file a court case.
Yes, this can mean even more precious time spent,
in addition to all the time you may have spent in
unearthing the evidence. Sometimes, this method
works if the issue itself is broad and is impacting
thousands of residents. Remember if a few residents
welfare associations had not filed a litigation against
the Sakrama law's penalty clauses (which were holding
citizens culpable and letting officials go scot free),
the High Court may not have suspended the implementation
of the penalties at all. Citizen action does help.
The RTI Act can really work wonders because government
officials are aware that if their record of indulging in corruption
is made public, then the past can prove to be their nemesis
and come back to haunt them even after they retire.
Consequently, in some cases, it has been observed that
a mere filing of an RTI application has sets things right.
Rider: We have spoken mainly about the city corporation
in this feature as it the major local body in the city dealing
with citizens' matters. However, you may use the RTI Act to
obtain information from any government department -
just refer the RTI Act online - with some exceptions in the
area of Security and Intelligence operations.
Refer to these links for more information:
http://persmin.nic.in/RTI/WelcomeRTI.htm and http://rti.gov.in/
Beyond the type of probing described in part 1, if you
still would like to know how to go about figuring cases
of corruption, here are a few pointers:
Roads: There's a science behind how potholes have to
be filled, but in reality they are just stuffed with tar and
patchily covered up. Similarly, there is a method behind
building speed humps, which is not followed.
The same goes for asphalting broken-down roads.
Ask for documents relating to road repairs and you
are sure to find inflated estimates, high-quality materials
requisitioned but low quality materials used, thickness
of asphalting will not tally with that in the contract,
unscientific methods used, etc. You will be able to
unearth collusion between contractors and the BBMP
officials, when it exists.
Parks: You will see substandard kiddies' play equipment
purchased at astronomical rates, uneven pathways,
gazebos and artificial plants constructed at monstrous
costs, and of course, you may come across small
structures that will most likely be used for a purpose
other than the one they were constructed for.
You can ferret out all this information and act accordingly.
Garbage: Garbage cleaning is yet another scam.
Most contractors do not pay the minimum wages to
the cleaning staff and neither do they contribute to their
PF or ESI. The minimum wages claimed by contractors
from the corporation are 2,075/- per month per staff and
they have to contribute to PF and ESI from the first month
of employment.
In reality, the wages paid range between 1,500 and 1,800,
and PF/ESI contributions are not made. Check this with any
garbage collector in your area. Additionally, contractors
must provide safety equipment (boots, gloves, masks,
full uniform, etc.) for the staff - but in many cases, what
is actually provided just a coat and an ID card without a number.
Land Scams: Government land in area can be allotted for
cultural activities, parks, educational institutes, and for sites
to be distributed to specified people. In every area, there will
be a few stray cases involving misuse of government land.
Either the purpose for which the land is allotted will not be
served or fictitious claimants will usurp sites. You will also c
ome across residential property okayed for commercial
purposes without any valid reasons and documentation.
These are some areas where you are sure to sniff out
corruption and defects with ease.
In conclusion, you, the citizen, can become a catalyst
of change by using the RTI law and working with other
like-minded groups, and using the media to press your
case. In the end, remember, our leaders are mere public
servants - we have elected them so that can serve us.
If we find them neglecting their work, then it's time to take
action and bring them to book. Good luck. ⊕
Published on18 Feb 2008
Sunil Tinani is a freelance journalist. S N Subramanya of KRIA Katte,
an Banglore city-based RTI organization, and Guru Ravindranath,
one of the coordinators of Coalition Against Corruption (CAC)
provided information for this article.
RTI activist who filed 69 applications kidnapped?
Vikram Chowdhary NDTV
Saturday, July 18, 2009, (Ferozepur)
Right to Information can right many wrongs.
But in Kiran Pandey's experience, the backlash is equally severe.
A month ago, Pandey had filed his latest application
asking for information on the workings of the Cantonment
Board in Ferozepur.
He suspected corruption and embezzlement in the board
and had already filed 69 applications over the past few
years to gather evidence.
An attempt was made on his life; he received threats.
Then five days ago, he went for an evening walk - and
never came back. The family suspects kidnapping.
''Earlier too, there was an attempt on his life.
We suspect the Cantonment Board. Vice-Presiden
t Joginder Singh and Satish Arora are behind this,''
says Rekha Pandey, Kiran's sister.
For three days the police did not register a case.
After fellow RTI activists took his disappearance to
court, the Punjab-Haryana High Court issued notices
to the Punjab Home Department to treat the case as critical.
''Police should immediately look into this. Otherwise
we will be forced to resort to protests.
This is criminal. How he has gone missing?'' asks
Sukhdev Narang, lawyer, Ferozepur.
They are insisting on protection for activist-whistleblowers
who are often attacked.
Just last week, it was a Sports Authority of India doctor
in Patiala assaulted because he wanted to go public
with malpractices in the organization.
Tuesday, October 13, 2009
'RTI empowers people to control governance'
By: Shailesh Bhatia Mid Day, Mumbai
As RTI turns four, Aruna Roy, who led the movement for RTI, talks
of how rural India is putting the law to use and the lessons that
Mumbai can learn from it
Ramon Magsaysay Award recipient in Community
Leadership and Nobel Peace Prize nominee Aruna Roy
can best be described as one of the pioneers of
modern day Right To Information (RTI). It was a movement
which she spearheaded in 1994, under the flagship of
Mazdoor Kisan Shakti Sangathana and sought financial
records of expenditure from the local Government institutions,
including panchayats.
Roy speaks on the lessons learnt in her village Devdungri
in Rajasthan. Roy feels that metros such as Mumbai have a
lot to learn from small towns and villages. It took over three
years of grit and determination on her part to make sure that the
State Legislature passed the landmark Rajasthan State
Right to Information Act and other states followed suit in
the coming years to accept what is today respected as the
most vigorous transparency legislation in the world.
Excerpts from an interview:
What is the basic difference between the use of
RTI in rural India and metros like Mumbai?
In rural India, unlike bigger cities, the RTI is aimed at more
common causes like panchayats, school buildings and public
health and has gone way beyond the parameters of things
pertaining to micro level grievances, which lie within the
vicinity of an individual.
What are the lessons to be learnt here?
Mumbaikars will have to inculcate the commonality of existence.
After all, not everybody lives in bungalows.
A common man lives in apartments with multiple
neighbours, who share their space. The village
of Devdungri, in Rajasthan where I reside, is the perfect
example to follow. People have their squabbles and individual
grievances, but are collective in their approach to address a
common cause and at the end of the day, share a sense of warmth
and compassion.
Does Mumbai lack compassion?
I was deeply touched by comments made by a slain police
officer's widow and daughter, who categorically stated on
national television that hanging Kasab will not be a solution
to the problem of terrorism, which rocked Mumbai recently
and that the deeper question should be addressed.
This by itself is the biggest example of compassion, as I know it.
What was the initial spark, which led you to pursue RTI?
It was in 1992, when we were facing obstacles to get relevant
information on the State Government's minimum wages programme.
Our primary aim was to ensure that the ordinary man could lead his life
with dignity and justice. Our initial movement was also due to struggle
for a community land, illegally held by a feudal landlord, which created
a need to expose the official opposition to disclosure of records.
This flagged off the struggle of the people. It became clear in my
mind that access to relevant information is a fundamental tool
for ensuring transparency and accountability of the government
and of all bodies that affect public interest.
How diverse are the types of RTIs from rural and urban India?
India is a very big and diverse country. Every state has its own set of problems,
like a farmer in Rajasthan may be facing drought, while a person in Mumbai is
concerned about flooding of roads in monsoons. Similarly, a villager may want
to know why anti-venom is not available in his local clinic in case of a snakebite.
A poor man is more concerned about his basic necessities.
What are the current areas where you would like to
implement change through RTI?
We have to ensure that democracy becomes a winning system.
In a democracy, without the right to know, there can be no real
right to exercise power and make the Government and the state
accountable to its people.
If a government official does not respond to RTI,
he or she should be suitably penalised and accountable for the actions.
Have there been cases where RTIs filed for individual
needs mushroomed into larger social issues?
There have been instances where what could be regarded
as relatively smaller issues, like the postman not delivering
pension cheques to a retired school teacher have come under
the RTI scanner and exposed bigger rackets of money being
transferred to fraudulent accounts or laxity of revenue officials.
What is your opinion on the new breed of RTI activists?
Youth today are much better informed and are using RTI on diverse
topics like college canteen contracts and the health risks of consuming
genetically modified brinjals.
Would you like RTI activists to become cult figures?
Not at all. The cause should always be bigger than an individual.
Hero worship has its own pitfalls.
What gives the RTI movement its bite?
RTI is an effective tool to control the arbitrary exercise of power.
It has the power to transform the relationship between the citizens
and the Government by empowering people to exercise control over
the governance.
What ticks you off?
I have some very bad memories of Partition and cannot
tolerate violence instigated on the basis of religion, be it in
Gujarat or riots in Delhi, after the assassination of Indira Gandhi.
Jab jaati ke naam pe logo ko ladaya jata hai to bahut ghinn hoti hai.
I can understand when individuals fight our issues, but communities
cannot be instigated to clash, based on religion, caste, creed or colour.
Warning against misusing RTI Act to harass administration
“The Act is meant to help people and should not be used
as a tool to harass the administration”
CHENNAI: There are 17 types of information, ranging from
log books and records to memos, maintained by a government
department which the public can access using the Right
to Information (RTI) Act. All that one needs to exercise this
fundamental right to information is a sheet of paper and a
Rs.10 worth legal stamp.
All this and more was discussed at a dissemination meet to
commemorate the celebration of RTI week (October 6-12)
held at the Tamil Nadu Dr. MGR Medical University here on
Monday. Speaking on the occasion, V. Srikumar, law officer
of the University, said that according to official statistics, over
1.11 lakh RTI applications have been filed in the State in the
past four years. More than 43,000 applications were filed in 2008 alone.
“The trend of seeking information through the RTI is picking up.
People are beginning to appreciate the power of the Act and
Tamil Nadu is one of the States where a vast number of
applications have been filed,” said Mr. Srikumar.
“The RTI Act has also made government departments more
efficient by forcing officials to maintain the records properly,”
said Meer Mustafa Hussain, Vice-Chancellor of the University.
“Websites are also promptly updating anticipating request for information,”
he added.
He however had a word of caution for the public and said that the
act is meant to help them and should not be used as a tool to harass
the administration.
The NCC Directorate organised a lecture on Monday as part of the
Week at Agarwal Vidhyalaya in which Sartaj Imam, Deputy Director
General of NCC, addressed the students.
Awareness rally
An awareness rally on RTI Act was organised by the cadets of 1
(TN) battery NCC at Avadi. The unit is conducting a
CATC-cum-SSB camp at CRPF, Avadi,
from October 6th to October 15th.
The rally was flagged off by camp commandant
Lt. Col. Ravikumar. About 300 cadets took part in
the rally carrying banners and placards spreading
the importance of the Act.
RTI a tool in hands of aam-admi to fight red-tapism
New Delhi: To own a house was the dream of 70-year-old rickshaw
puller Mazloom Nadaf which he nurtured throughout his life.
For once, he felt his wish will be realised when he was given Rs 25,000
for a house under Indira Awaas Yozna but little did he know that getting
the money from Block Development Officer would be a tough task.
Nadaf, hailing from Madhubani district in Bihar, claims that he was asked
to pay a bribe of Rs 5,000 to get the due amount under the scheme.
Four years ago, the Right to Information Act came into being and Nadaf
utilised it to the fullest, an NGO that helps educate people on the RTI Act said.
Not only did he get the substantial amount without paying any bribe within 10
days of filing an application, but he also became one of the first persons from
Bihar to reap the benefits of the Act.
Later, the remaining portion was also sent to him with which he managed to
fulfil his dream of buying a house.
On the eve of the Act completing four years, many a common man like
him find themselves empowered.
"Nadaf was the first RTI applicant from Bihar and today many have followed
his footsteps. Most of the time you will find Nadaf transporting people
who have problems, in his rickshaw. He carries them to some RTI activist,"
said Ashok Kumar Singh, a member of the NGO.
Manish Sisodiya, an RTI activist in Delhi said,
"This is the power of RTI - even an ordinary rickshawala becomes
as powerful as the member of Parliament."
In another case, villagers filed different RTI applications and
have successfully brought eight villages under the count of the Census.
"Bhawanipur, Bichiya, Naibarti Tadiya, Kailash Nagar Dhakia,
Dilshad Nagar, Gokulpur, Mehboobnagar and Kautarniya Ghat
were never under the count of the Census. All development work
was denied with the excuse that it was not in the map.
People were devoid of school, clean drinking water, toilet and
all development schemes of the government," Sisodia said.
"People living in this area were considered encroacher of land by
the government. We had bright students in this area who got
in Shastastra Seema Bal but were denied jobs as they did not have a
residence proof. They could vote but they did not have a voter I-card," he said.
Finally, these eight villages are recognised and all come
under the count of the Census, he said.
"It's a very difficult question. The point here is that it has started
having an impact. So to say that it has delivered is going a little far.
What I can say that it has started making a major impact on
government's functioning," Chief Information Commissioner
Wajahat Habibullah said when asked whether the Act has delivered on
the expectations of the common man.
President of India to inaugurate 4th Annual Convention on RTI tomorrow
|
| |
| 15:44 IST | |
RTI -Not yet a strong tool
BANGALORE: While the Right to Information Act has done its bit to ensure
India is a successful working democracy, its implementation leaves a lot
to be desired. Sadly, many citizens are still unaware of how to file applications.
The suo motu disclosure should have been implemented within 120 days
of enforcement of the Act, but it's still pending.
The Commonwealth Human Rights Initiative (CHRI), along with organizations
like CIVIC, CREAT, Kria Katte and PAC, organized a discussion on Saturday to
assess how well the Act has been utilized in the past four years.
CHRI programme coordinator Venkatesh Nayak said a study is needed to
find out if it has affected government operations. RTI has worked best in
tackling corruption and holding officers accountable, he pointed out.
"The first two objectives of creating informed citizenry and transparency
in government functioning haven't improved much."
"Even if RTI Act has helped expose corruption, there is no plan to deal
with such cases. They remain pending for long, till people forget about it.
Gujarat has a special redressal system which helps deal with them faster,"
said Nayak.
The government is still secretive about many issues. Citizens need to be
vigilant about free trade agreements that the government is entering into
with other countries and file RTI applications strategically to understand
implications of such policies, Nayak pointed out.
Lokayukta Justice Santosh Hegde said the right to information is as vital as
the right to free speech. Though it is a statutory right and has its limitations,
it gives citizens many opportunities.
"We receive 20 to 30 cases per day. Since 1986, the composition of our staff
has remained the same. We have nine judges and one of them is an
information officer. The government has given us other assignments like
the Nandguri SEZ, Hassan Ring Road, PWD recruitments, etc, which leaves
us with less time to track corruption," he said.
The Cromptroller and Auditor General's 2007-08 report points that a whopping
Rs 51,000 crore has gone unaccounted for in eight government projects, which
include JNNURM and NREGA.
Chief information commissioner K K Mishra stressed on the need for a
state-level RTI cell. He said 7,000 cases are pending with the commission.
The government had commissioned a private company to review implementation
of the Act in the past four years. Others like the National Campaign for People's Right
To Information have also reviewed it in several states and the findings have been
similar.
"People still find it diffiocult to file RTI applications. It is pathetic.
In all departments there should be a nodal officer to implement the Act,"
he said. He also recommended that 1 lakh common service centres the
government is planning to set up should also accept RTI applications.
* BBMP gets one of the highest number of RTI queries. In two cases from Ward
No. 50, huge misappropriation of funds was revealed. In the case of asphalting
of Ramaiyengar Road, Rs 3,60,650 was paid to the contractor but the work
wasn't carried out
* In the case of six roadside drains in the same ward, work was done according
to the sanctioned estimate of Rs 6.55 lakh, but Rs 16.48 lakh was paid to the
contractor.
Delhi dedicates week to RTI on fourth anniversary
New Delhi: Oct 10 -IANS As the Right to Information (RTI) Act Monday
completes four years of empowering the people of India through access
to hitherto privileged information, the Delhi government has been celebrating
the run up to D-day as the RTI week.
Posting a circular on its website, the Delhi government asked
all government offices to organise lectures, workshops,
publicity campaigns on RTI in celebration of the week which began Oct 6.
The RTI Act was passed by the Congress-led United Progressive
Alliance (UPA) government in June 2005 after years of struggle
by NGOs and civil society groups.
The act ensures a timely response to citizens' requests for
government information, promoting transparency and accountability.
For the benefit of the people, the circular also suggested that all
offices and organisations set up a separate counter to receive RTI
applications and the requisite fee.
'The public information officers and assistant public information
officers should assist and guide applicants in preparing RTI applications,'
the guidelines said.
It is further suggested that the RTI webpage on the Delhi government's
website www.delhigovt.nic.in is updated in all respects.
The Central Information Commission (CIC), which is the apex body
under the RTI Act 2005, has disposed of 33,000 cases in the last four
years. But nearly 10,000 cases are still pending with the commission.
Sunday, October 11, 2009
Staff shortage at State Info Commission delays orders
Jeeva
|
CHENNAI: V Madhav, an RTI activist in Porur, recently appealed
to the Tamil Nadu Information Commission seeking a direction
to the state public department to disclose the status of declaration
of assets by IAS and IPS officials.
On August 25, the Commission pronounced that the department
provide the required information to the appellant within two weeks.
Madhav is still waiting for the department to respond to the Commission's
directive. Reason: The commission has not been able to deliver the
order copy for want of adequate staff.
Madhav is not alone. Several others who have filed appeals before
the Commission have not got the copies of the orders
even a month after they were pronounced.
"Earlier, we had been complaining that the Commission was
taking over eight months to take up an appeal for inquiry.
Now, the appeals are being taken up for inquiry in two months.
But still we have not been able to get the order copies on time.
In most cases, the commission directs a public authority to provide
information within ten days but by the time the order copies are
actually delivered more than 40 days have passed,'' said
M Thooyamurthy, an RTI activist in Tondiarpet.
"We move the Commission only after the public information
officer and the first appeallate authority have failed to provide
the information. While it takes a minimum of four to six month
for a case to reach finality, why should we be made to wait
even further? And that too after the prouncement of the order
by the Commission,'' said M Sivaraj, another activist, in Vellore.
Official sources in the Commission said the delay was due to
shortage of staff to type the orders. "We hear 100 to 150 cases a
day but we have only one steno-cum-computer operator for each
of the seven commissioners. If the state government appoints 10 more
persons, we can ensure that there won't be any delay in delivering
the order copies. We have now asked our staff to work till late in the
evening and also on Saturdays. We will deliver all pending order
copies by October 15,"
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