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.