Sunday, July 17, 2016

SIGNED COPY SUBMISSION ABOLISHED BY CIC

THE RIGHT TO INFORMATION ACT 2005
                           APPLICATION FOR OBTAINING INFORMATIONP
                         

Date: 17-07-2016                                                                             e-filed

To,
Central Public Information Officer
Central Information Commission, New Delhi

1. Name of Applicant: J. P. Shah

2. Address:  B-12 Amrapali, Gandhigram, Junagadh [Guj] 362001.

Email: jpshah50@yahoo.co.in. Cell: 9924106490

3. Particulars of information required:

I attach copy of news appearing in The Economic Times dated 15-03-2016 regarding abolishing practice of seeking signed copy of second appeals/complaints filed online, by new Chief Information Commissioner. However, I witness that still CIC is seeking signed copy for registration of online second appeals/complaints. In this reference please provide me following information:
3.1. Certified copy of press note issued by CIC leading to above news.

3.2. Certified photocopies of notification/circular issued by CIC abolishing signed copy requirement.

3.3 Reasons held on record for not uploading such important decision on website of CIC [section 4.1.d]

3.4 Reasons on record for CIC still insisting for signed copy [ for example in SA/UG/16/94919u7 dated 17-04-2016 which is held up for signed copy]

3.5 File notings photocopies of record leading to decision of abolishing requirement of signed copy.

4. Payment of filing fees: Rs.10 is paid by debit card


5. Please rush information to me by speed/registered post. I am an Indian citizen. Please reply in English.

Signature of Applicant

Thursday, April 21, 2016

RBI PLEASE SAVE SMALL BANK LOANEES

RBI should increase out of order [overdue] period to 180 days instead of 90 days for all loans upto Rs.50.00 lakhs, before account is declared NPA. This rule should also be made applicable to existing loan accounts which are declared NPA due to 90 day condition.Small borrowers face maximum problem due to slow down and systematic delays in getting payments. Banks normally are not sympathetic towards small borrowers unless they are well "connected" or are willing to keep bank officers "happy". They chase such small defaulters instead of big defaulters. This ends in closure of MSMEs and attention of industrialists is diverted to please banks rather than make more efforts for his business.

Saturday, April 09, 2016

HARYANA RTI RULES AMENDED ON 18-03-2016 -FEES REDUCED

            HARYANA RIGHT TO INFORMATION RULES 2009 AMEDNDED 2016

[2005 rules replaced by 2009 on 21-12-2009 effective from 01-01-2010]
[Again amended on 18-03-2016 –filing fee reduced to Rs.10/-, CD Rs.50 and inspection first hour free and thereafter Rs.5/- per hour or part thereof beyond first hour]

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is annexed herewith.

2. FEES:

A. Application fee: Rs.10/- to be paid by bank’s demand draft or pay order or Indian Postal Order [IPO] or in cash against receipt or  through treasury challan. Applicants holding BPL certificate need not pay any application fee.

Payment by IPO should be preferred being cheap and convenient. IPO should be in favour of “Accounts Officer, [mention name of public authority i.e. govt dept/organization etc]” and should be made payable at the place where application is sent.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2/- per page, Large size: actual cost, publications: actual cost. CD Rs.50/- per CD.  Inspection: Free for first hour and if exceeds one hour Rs.5/- for each hour or part thereof beyond first hour.

3. APPEALS:

Rules do not provide for formats for first appeal, second appeal/complaint. No fees are charged for appeals.
Suggested formats for appeals/complaint are annexed hereunder.

4. Address of State Information Commission, Haryana:

State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.
Telephone No. 0172-2726568, Fax No. 0172-2783834
Website: http://cicharyana.gov.in/






7. HARYANA State Format  for RTI Application:

The Right to Information Act, 2005

Form A [See rule 3 (1)]

To
The State Public Information Officer/
State Assistant Public Information Officer,
(Name of the office with address)

1. Full name of the applicant:

2. Address:

3. Particulars of information required:-
(i) Subject matter of information*
(ii) The period to which the information relates**
(iii) Description of the information required***
(iv) Whether information is required by post or in person
(the actual postal charges shall be included in addition to the fees.)
(v) In case by post (Ordinary, Registered or Speed)

4. IPO No. ____________for Rs.10/- is enclosed.

Place:

Date:

Signature of the Applicant 

* Broad category of the subject to be indicated (such as Grant/Government land/ Service matters/Licenses etc.)
** Relevant period for which information is required to be indicated.
*** Specific details of the information are required to be indicated.
ACKNOWLEDGEMENT
Received your application dated _______________ ,-- vide Diary No.______________ dated _____________ .
(Signature)
State Public Information Officer/ State Assistant Public Information Officer, Name of the Department/Office 
_____________________________________________________




8. HARYANA State Format for First Appeal:

The Right to Information Act, 2005
First Appeal
                                                                                                          
Date:______________

To
The Appellate Authority                                                            By regd AD post
(Department/office)………………

Sir,
         As I have not received any decision/As I am aggrieved by the decision of the Public Information Officer…………, I hereby file this appeal. The particulars of my application are as under:

  1. Name of the appellant :
  2. Address of appellant :
  3. (A)  Designation of the State Public Information Officer :
       Address of State Public Information Officer:
(B)  Department/office and address :
(C)   Particulars of the decision against which the 
 appeal is preferred including the No. &
 Date of such decision.
  1. Date of application submitted in the Form A  :
  2. Details of Information sought: as per enclosed form A
6.  Reasons for Appeal:
7. Brief facts of the case.
8.    Prayer/relief’s sought for :

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.

9. Enclosures: Self attested copies of RTI application, reply of SPIO [if received], postal proof of mailing RTI application.
              
I hereby state that the information and particulars given above are true to the best of my knowledge and brief.

Place                                                              Signature of Appellant                                                        
                                                       
___________________________________________________

9. HARYANA State suggested format for second appeal/complaint:                 
SEOND APPEAL/COMPLAINT 
TO STATE INFORMATION COMMISSION, HARYANA
                                                                                                                       
Date:                                                                                 By speed post AD


To,     
State Chief Information Commissioner,                                                 
State Information Commission, Haryana,
SCO No. 70-71, Sector 8-C, Chandigarh.

Respected Sir,

            As I have not received any decision/As I am aggrieved by the decision of the PIO & First Appellate Authority, I here by file this second appeal/complaint for your kind consideration. The particulars are as under:

[1)       Full name of the Applicant           :


[2]       Address of Applicant  with
phone No. and email ID if any     :


(3)       Name and address of StatePublic Information Officer:                  
           
            No. and date of reply if received:

(4)       Name and address of the First Appellate  Authority:


No. and date of reply if received:

[5]       Date of receipt of order of            first appellate authority    :
                       

(6)       Particulars of information sought- as per enclosed RTI application

(7)       Brief facts and grounds for appeal:

[8]   PRAYER/Relief:

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable] 

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.

(9)       Enclosures: Self attested photo copies of the following documents :

A. Application in form A dated________ with its enclosures if any,
B. Reply dated ________of PIO if received, C. First Appeal dated ________D. Reply dated_______ to first appeal, if received,                  E. Postal proof of posting of Form A and first appeal.

[10]. Verification: I the undersigned hereby state that the information and particulars given here-in-above are true to the best of my knowledge and belief.
Place  :                                           Signature of Appellant/Complainant

[To be submitted in three copies to the Commission]

Monday, April 04, 2016

FRIVOLOUS LITIGATION BY GOVTs AND PSUs

PSUs [ specially banks and insurance companies] and Central/State Govt. departments try to harass and tire out common citizens, with huge money power and expertise at public cost at their disposal, by resorting to repeated appeals up to divisional bench of apex court, without any accountability of officers to public.

I humbly  quote following judgements of Hon’ble Supreme Court of India,  against such  frivolous litigation: 
            
 A] Judgement dated 04-09-2012 of in Civil Appeal No. 6261 OF 2012--   Gurgaon       Gramin Bank Versus Smt. Khazani

   B] Judgment dated 13-01-2014 in SLP (C) No. 39434 of 2013- Haryana Dairy   Dev Coop Federation Ltd v/s Jagdish Lal.

C] Judgement dated 26-07-2010 in civil appeal No. 5646 of 2010 -Union of       India Vs Pritilata Nanda

D] Judgement dated 01-07-2015 in civil appeal No. 1123 of 2015 - State of   Rajasthan and Ors.V/s MahendraNath Sharma


 E] Judgement dated 22-09-2014 in civil appeal No. 9043 of 2014 -- Vijay    Shankar Pandey V/sUnion of India & Another

There is dire need to have a National Litigation Policy against such wasteful and anti-citizen actions of govt departments and undertakings. Such litigation choke judicial system by over burdening and there are chances of corruption by public servants while assigning work to advocates for such legal battle against common citizen in a democratic country. Usually it is ego-massaging of govt officers or politicians and show of power against helpless citizen.

I have been repeatedly chasing Ministry of Law and Justice for a National Litigation Policy in India. Attempts were made in 2010 by UPA Govt but did not materialise. Hopefully pro-citizen NDA/BJP Govt at Center will take positive steps at the earliest. 

Thursday, March 31, 2016

RTI - PAYMENT OF Rs.4/- OTHER CHARGES

Date: 30-03-2016                                                                         email

To,
1. Shri Manishkumar, CPIO, DFS, MoF, GoI, New Delhi

2. Shri S. R. Mehar, FAA, DFS, MoF, GoI, New Delhi
sewa.mehar66@nic.in

3. National Informatics Centre, New Delhi

Dear Sirs,

Payment of Other Charges on RTIONLINE Portal –DOFSR/R/2016/50439

Vide attached intimation dated 16-03-2016 I have been advised to deposit Rs.4/- towards other charges payable to CPIO, Dept of Financial Services, MoF. I am yet to receive information in hard copy or online or by email from CPIO presumably for non-payment of Rs.4/-.

I could not make payment of Rs.4/- on RTIONLINE portal since there was no link of “make payment” for additional payment at intimation of above CPIO, though it provides for such a link as per page 16 of guidelines [page attached]. I tried bharatkhajana.gov.in [NTRP] but could not succeed in paying Rs.4/- [page attached]. Post Offices have discontinued IPOs below Rs.10/-. Bank DD may cost Rs.20/- or so as minimum commission for DD of Rs.4/- plus postal charges of Rs.25/- for mailing DD. I cannot visit DFS, MoF at New Delhi for paying Rs.4/- in cash from Junagadh Gujarat. CPIO may not accept IPO of Rs.10/-. E-IPO is issued for minimum of Rs.10. I am enclosing with this email e-IPO for Rs.10/-. Use of paper for paying Rs.4 will affect trees and environment. I hope Digital India initiative is being implemented by MoF also.

I draw kind attention to CIC decision No. CIC/SA/A/2015/000743 dated 27-04-2015 [copy attached]. I have witnessed that many citizen centric and pro-RTI public authorities do not insist for petty other charges [even up to Rs.50/-] for supplying information within mandated time-limit.


I humbly request CPIO, FAA and NIC to activate make payment link on RTIONLINE portal so that I can make payment of exact Rs.4/- by debit card or alternatively accept  e-IPO [attached to email] for Rs.10/-. I will not be claiming excess of Rs.6/-. I will be again attempting payment of Rs.4/- on bharatkhajana portal by debit card, though it is complicated especially to non-tech savvy senior citizen like me.

Please inform me when link is activated so that I can make payment of exact Rs.4/-. The information is in larger public interest since there could be VYAPAM or Haryana [teacher recruitment scam] type scams in banking recruitments at IBPS [presently outside RTI Act]. I can proceed further only on receipt of requested information which is held up presumably for non-payment of Rs.4/-.

In case CPIO and FAA, DFS respect opinion of CIC in aforesaid decision, they may choose to forward me information without payment of Rs.4/- by taking holistic view in the interest of Govt and citizens.

J. P. Shah
Cell: 09924106490 email jpshah50@yahoo.co.in
B-12 Amrapali Gandhigram, Junagadh Gujarat 362001

Copies to:

1. Director-RTI, DoPT, Ministry of Personnel,
PG & Pensions, Govt of India, New Delhi