Wednesday, October 24, 2012

Personal Information under RTI Act


PERSONAL INFORMATION UNDER RTI ACT 2005

Personal information of citizens is protected from disclosure, subject to certain conditions, under section 8.1.j which reads as:

“information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person”

This section provides protection of such personal information from public exposure, the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual, unless a larger public interest justifies the disclosure of such information.

Let us understand by an example:

Seeking details of bank transactions of a citizen would amount to causing intrusion in privacy of that person, since this information has no relation to any public activity or public interest. It is purely personal information. However, if account holder gets involved in fraud or corruption, these details can be obtained under RTI Act in view of larger public interest.

Personal information of an individual can be revealed under RTI Act under following circumstances:

01. There is overriding larger public interest, for example if a Govt. employee has committed fraud, then his personal information connected to fraud can also be revealed.

02. If the information relates to public or official duties of the individual like transfers, promotion, salary, disciplinary action etc

03. If the information cannot be denied to Parliament or State Legislature.

04. This section will not apply to non-individual entities like companies or govt. departments or NGOs or trusts or Ltd companies or societies or organizations.

05. If information is routinely collected as part of public activity say for example application for job or license etc.

06. Information is connected to public activity of the person whose information is sought or involves public interest e.g. action taken report on charges or complaints.

07. Information relates to the applicant himself [like copy of ACR or evaluated answer sheets in exams etc] and he seeks the same under RTI.

08. Information is already in public domain.

09. Information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made.

10. If PIO or Appellate Authority cannot justify why information should not be revealed. Just mentioning section will not suffice. Hence speaking order is a must. Burden to justify his decision rests with PIO.

11. If public interest in disclosure outweighs the harm to the protected interests. [Note: Public interest, in common parlance, is understood to mean an act beneficial to general public, as against the word ‘personal’ which connotes private and individual affairs.   [ Babu Ram Verma Vs State of UP, (1971) 2 Serv. L.R. 659]

12. If information has been disclosed to the public authority as a part of public activity. When a citizen provides information in discharge of a statutory obligation, it is a disclosure as a part of public activity. The same cannot be exempted under this clause. [CIC/WB/A/2008/00993 dated 16-3-2009]

13. Information disclosure of which has relationship to public activity or interest.

Note: The phrase 'disclosure of which has no relationship to any public activity or interest' means that the information must have been given in the course of a public activity. Various Public authorities in performing their functions routinely ask for 'personal' information from Citizens, and this is clearly a public activity. When a person applies for a job, or gives information about himself to a public authority as an employee, or asks for a permission, licence or authorisation, all these are public activities. Also when a Citizen provides information in discharge of a statutory obligation this too is a public activity. [CIC/SM/A/2010/001634/SG/14617 dated 05-10-2011]

Important decision of CIC:

CIC/WB/A/2007/00178 dated 30-01-2008
CIC/WB/A/2008/00993 dated 16-3-2009
CIC/AT/A/2008/00707 dated 22-02-2010
CIC/SM/A/2011/000347/SG/13530 dated 19-07-2011
CIC/SM/A/2011/000001/SG/14171 dated 19-08-2011
CIC/SM/A/2010/001634/SG/14617 dated 05-10-2011

Court judgements:

1. Dated 30-08-2010 of High Court of Kerala in WP(C).No. 6532 of 2006(C): TREESA IRISH v/s CPIO

2. Dated 17-04-2008 of High Court of Madras in W.P. No.47897 of 2006: R.ANBAZHAGAN v/s TN State Information Commission and others

3. Dated 04-11-2009 of Delhi High Court
WRIT PETITION (CIVIL) No. 8524 OF 2009:
RAJINDER JAINA VERSUS CENTRAL INFORMATION COMMISSION

4. Dated 03-10-2012 of Supreme Court in Special Leave Petition (Civil) No. 27734 of 2012 (@ CC 14781/2012) : Girish Ramchandra Deshpande V/s Central. Information Commissioner & Ors





Friday, October 19, 2012

GOVT SPONSORED INTERNATIONAL LOOT SCHEME


https://www.box.com/s/0zb7mr683qminptaym7f

Do not be shocked to see such advertisements some day in news papers

GOVT OF BANANA REPUBLIC
Ministry of Corruption and Scams
            CWG House, 2G Road, Adarsha Nagar, Coalgategram 420420
____________________________________________________________________________

                             INTERNATIONAL INVITATION FOR ENRICHMENT

GOVT SPONSORED INTERNATIONAL LOOT SCHEME

Despite its serious cosmetic efforts to at least stop growth of corruption in this Republic, if not reduce or eradicate, Govt has deliberately and miserably failed in this mission. Having realized that corruption cannot be contained any more due to defective DNA of politicians and babudom, Govt, on recommendations of GoM of leading ministers having charges of bribery and public loot, have decided to take advantage of such an incurable situation.

Since Govt believes in “one world one family” principle, it has decided to open this sector for world citizens to exploit prevailing situation to develop world economies in this recession through FDI, by using our USP and DNA of corruption. The President of Republic therefore invites all unethical world citizens to invest in this country by way of FDI for looting its wealth and common citizenry through govt. sponsored corruption and malpractices.

Following facilities have been developed and put in place to attract best talent:

01. 90% of politicians are for sale at the right price.

02. 80% of govt. officers are ready for being purchased at 50% price payable to politicians.

03. There is facility of combo plan covering politicians and officers with 10% discount.

04. 60% of citizenry are religiously unethical when it comes to money. They are prepared for being sold for a dozen bananas also. Hence you will be respected if you get rich with unethical means.

05. Country has very competent advocates to defend you at huge fees in case caught for corruption.  Judiciary is crippled with delay of few decades, so that you cannot be punished during your life time. Delay is our national disease.

06. Insurance cover is available for risks of being penalized for corruption, financial loss and reputation risk.

07. Peon to head minister can be purchased if you have money to invest in them.

08. Amount of bribery can be classified as miscellaneous expenses in your books or capitalized as long term investment, as per standard practice of accounting of republic.

09. Country does not have effective investigative agencies, regulators, jokepals or anti-corruption mechanism. They are all manageable for a fee through politicians, who control them with iron hand.

10. You can breach or bend or throw to winds all laws in books of this republic, for a price to be paid to ruling party through Swiss bank account or in kind by way of land to relatives and friends of politicians.

11. Govt runs “Institute of Bribery” in each district and hence you will not have problem of talented and ready to use young human resources in this profitable field.

12. In our republic unborn child has to pay bribe for treatment during pregnancy of his/her mother in govt. hospitals and for birth certificate to death certificate. You can gauge range and scope of our systems in place for you to loot the country.

13. You can operate as joint venture with local proven fixers or stand alone by availing services of Govt. certified bribery advisors.

14. You can avail interest free bank finance [at a price for speed] for your business in this republic under this scheme, which would be treated as priority sector loan by banks.

15. No sector [including religion] is closed for you for exploitation through corruption and unethical practices. All sectors are open for all [ hava se patal tak].

16. There are no regulatory restrictions for repatriation of looted wealth, provided share of politicians and officers are paid honestly.

17. Bribes and undue favours are tax free for life in the hands of recipients. This rule is guaranteed for next 100 years.

18. All corrupts are close relatives among themselves and fully cooperate each other irrespective of party affiliation, caste, creed, religion, region, language, financial status etc. They work as homogeneous group to loot and develop the world and themselves, their relatives and business associates/friends.

19. We have fractured law of transparency and openness and have consigned it to books through complexities and managing Information Freedom Commissions. Efforts are being made to remove it from books for the benefit of your future generations.

20. List of businessmen and politicians involved in big ticket [ one lakh crore and above] scams in last 15 years is available with contact details on website of this ministry for approaching them for expertise and joint venture. Details of their phenomenal progress in this line are also uploaded with certified data, which are being updated on hourly basis.

21. In last 25 years these honourable corrupts have amassed wealth for their next 100 generations by exploiting outdated systems. Now it is your turn to be benefited.

Prohibitions: This business opportunity is not open to citizens of countries which rank in first 50 countries as most honest countries by TI. They may spoil the situation. Preference will be given to citizens of those countries which are ranked as top ten most corrupt countries by TI.

Risks as perceived by Govt:

1. Of late, few lakhs of citizens are suffering from disease of honesty and good governance. Govt is trying to develop vaccine for such disease. However, you may encounter problems from such sick citizens in your business. You can cover this risk in insurance policies with additional premium.

2. Govt is helpless in the matter of judicial activism and this risk has to be factored in at your own level. No insurance is available for this risk in this Republic at present. Some companies may research and develop such insurance cover in future.

3. In case if you offend politicians [including petty ones or their relatives] and high ranking officers, you run the risk of being harassed by various departments of the Govt and may also land you in jail for life. This can be avoided by being practical and good bribery relation management.

4. You run risk of being deported from this country if you get infected with disease of ethics, true religion, and transparency or get married with spouse with such vices.

5. Govt has put in place web of laws, bye-laws, rules, regulations, subjective interpretations, so that no one can honestly survive in business or otherwise live without bribing. For a seat in train also one has to pay bribe. Hence you run risk of failing if you do not properly marshal art of bribery and accept it as business acumen.

Sovereign Irrevocable Govt Guarantee: Govt guarantees that all ministers, politicians      [ irrespective of party], corrupt officers and entire govt machinery will defend you at all forums including media, even for well substantiated charges of misdoing against you.

Official Invitation: Hence, come one and come all to reap fruits of corruption and unethical business practices in country of religious citizenry.

For further details contact toll free number from any where in world. 19420420420 or email us at bdd@mcs.gbr.com or visit our website www.mcs.gbr.com or write to us on above address. All details will be treated as top secret.

To be published in all leading news papers of the world, who kick-back half the charges for publication to “Save Corruption Victims Fund” of the Govt.

Director [International Business Development]
______________________________________________________________________

This piece is a work of fiction intended to bring a smile to your face, as part of literature on corruption. It bears no connection to any country or persons or events or characters in real life. It is upto you to laugh or weep after reading the article. Author carries no risk.

Authored by:  J. P. Shah, Junagadh Gujarat.  jpshah50@yahoo.co.in                   191012


Thursday, October 18, 2012

CRASH CLASSES FOR LOOTING THE PUBLIC


Do not be shocked to see such advertisements some day in news papers

GOVT OF BANANA REPUBLIC
Ministry of Corruption and Scams
            CWG House, 2G Road, Adarsha Nagar, Coalgategram 420420
____________________________________________________________________________

CRASH CLASSES FOR LOOTING THE PUBLIC

It has come to light that only politicians, govt servants, their relatives and friends are getting benefits of frauds, scams, big scale corruption, public loot and such other white collar lucrative business activities, With a view to enrich other common citizens and alleviate large scale poverty, Govt has decided to conduct one month crash courses to develop and sharpen skills of common youths upto 40 years of age, in such profitable ventures. Govt desires to democratize art of looting the country in this Republic, which other countries will emulate in future.

In view of above decision, sealed tenders are invited from institutes, colleges, universities [including deemed one], autonomous bodies in field of education, NGOs to conduct one month crash courses all over country. Broad conditions are as under:

1. Applicant should have political support and proven track record in corruption and such lucrative business activities [including mining, games, air, water, land, health].

2. They should have visiting faculties who have been punished or charged for such lucrative activities by competent courts.

3. They should have one guest faculty per week, who is in jail for undertaking such profitable ventures.

4. They should not charge fee more than 5.00 lakhs for the course, 50% of which will have to be deposited in party fund account in a swiss bank.

5. There will not be any caste reservation in admission and will be open to all youths who want to start such enterprise to develop economy of this Republic.

6. Relatives of certified or charged corrupt politicians, officers, [including their blood relatives and in-laws] and their business associates and employees will not be eligible for such course, as they already have such expertise upto post graduation level.

7. Applicants should guarantee skill enrichment to the extent that students after successful completion of course and passing the exam, should be in a position to effectively conceive, plan, execute and escape being caught by social activists for business up to Rs.5.00 crores per year.

8. Course material and teaching methodology will be developed by concerned applicants without any help from Ministry. Two real case studies are must.

9. Exams will be conducted by “Institute of Scams and Corruption Research” free of charge. Certificates will be signed by Minister of Scams of this Govt with his photo.

Tender forms and detailed terms and conditions are at website www.gbr.gov.com.

Last date for submission of tender documents: 31-12-2012 by 04.00 pm

Director [Employment and Skill Development] 
--------------------------------------------------------------------------------------------------------------------------------------------------------------


This piece is a work of fiction intended to bring a smile to your face. It bears no connection to events and characters in real life.

Authored by J. P. Shah, Junagadh Gujarat  jpshah50@yahoo.co.in          151012 

Friday, October 12, 2012

RECRUITMENT ADVERTISEMENT FOR ELECTION


Do not be shocked to see such advertisements some day in news papers


                              HONEST RECRUITING AGENCY
  [GOVT OF BANANA REPUBLIC UNDERTAKING]
         CWG House, 2G Road, Adarsha Nagar, Coalgategram 420420
___________________________________________________________________

It has been reported that political parties are finding it difficult to get ‘suitable’ candidates for contesting elections for being elected as Kings of Citizens in this democratic republic. Agency has been constituted to help mitigate this problem which is directly affecting democracy and in the larger interest of common citizens.

As a first step, the Agency invites applications in prescribed form from citizens who are having following characteristics and qualifications and are keen on contesting elections in next 5 years:

01. They should have family background for political corruption and at least one of their blood-relatives should have been prosecuted by higher judiciary for corruption.

02. They should be presently having minimum 3 criminal cases in Courts for charges of committing high value [above 100 crores] fraud, scam, corruption, rape, loot, murder, [certified copy of FIR/complaint to be attached with application]

03. They [or their relatives or close friends] should have at least one case being investigated by prime investigating agency or anti-corruption department as on date of application.

04. They should be thick skinned like hippopotamus and should be expert in not adhering to any promise made orally or in writing.

05. Their net means [legal or illegal] should not be less than 100 lakhs as on date of application and they should enclose certificate of means from Corruption   Development Commissioner of Republic.

06. They must not be qualified beyond graduation level that too by resorting to unfair means in exams. [affidavit to be attached to this effect].

07. They must be big hearted to share the loot money with party and other politicians [irrespective of party, as all politicians are close brothers and sisters] after winning election.

08. They should have expertise in managing private sector, opposite candidates, govt officers specially election officers, anti-social elements to their advantage, by what ever fair and unfair means they deem fit.

09. After winning election, they should not visit their constituency till next election.        [ affidavit required with application]

10. Those on bail for serious economic offences or white collar crimes will be given weightage in selection.

11 Those who have undergone jail [including judicial custody] at least for 6 months in last 5 years will get preference. [ Certified documentary proof to be attached].

12. Those holding graduation and post graduation degree from Institute for Development of Corruption and Scams [deemed university sponsored by Govt], will get extra 10 marks in scoring chart.

13. They must have perception of being a goonda and characterless citizen in the constituency. However they should dress and behave as being most humble, honest, straight forward, patriotic, pro-poor and law abiding man/woman.

14. He must be successful in exploiting caste, creed, gender, religion, to his advantage.

15. He should have no respect for rule of law. His only aim should be power and money at any cost.

Selection will be made on the basis of scientifically prepared scoring chart [computer generated] and top 100 candidates will be recommended to national parties. Others qualifying 25% marks and above will be recommended to regional parties. Those scoring less than 25% marks will not be eligible for contesting elections.

Agency reserves the right to visit area of the candidates for on the spot verification of facts and sense perception of common citizens of the area.

Applicants should enclose crossed demand draft favouring the Agency payable at Coalgategram for Rs.10 lakhs. This may be treated and accounted as investment to be recovered at least 100000 times after winning elections in less than 3 years, depending upon inherent capacity to loot the country and common citizens for which they will get license on winning.

This selection process does not guarantee that applicants will win the election. Applicants should have guts and capacity to take risks in lucrative business of politics in this Banana Republic.

Blank forms can be down loaded from agency’s website at www.hra.gobr.com with detailed terms and conditions. Applications with fee and certificates should reach Agency on or before 5.00 PM of 31-12-2012. Canvassing in all forms is most welcome.

Director of Recruitment [Politicians] Cell: 420420420420
____________________________________________________________________

This piece is a work of fiction intended to bring a smile to your face. It bears no connection to events and characters in real life.

Authored by J. P. Shah, Junagadh Gujarat  jpshah50@yahoo.co.in          10102012

Tuesday, October 09, 2012

INSURANCE FOR CORRUPTION


Do not be shocked to see such advertisements some day in news papers

GOVT OF BANANA REPUBLIC
Ministry of Corruption and Scams
     CWG House, 2G Road, Adarsha Nagar, Coalgategram 420420
____________________________________________________________________

Due to growing risks in present anti-corruption/scam situation and in the interest of common citizens of this republic, Govt have decided to provide insurance cover to “poor and patriotic” corrupt politicians and officers against risk of being exposed, caught and punished for indulging into corruption and scams.

The ministry invites sealed tenders from insurance companies from countries ranked as one of the top 50 corrupt countries in the world by TI for insurance cover broadly described as under:

Risks to be covered: 1. Caught red-handed 2. Disproportionate assets raids, 3. Arrest for corruption, 4. Suspension from service,  5. Dismissal from service, 6. Raids and investigation by prime investigating agencies, 7. Court or Lokayukta intervention,        8. Legal expenses to prolong court cases and escape punishment till natural death.      9. Loss of political business. 10 One day to life time jail due to corruption.   11 Death due to shock of punishment under anti-corruption laws, 12. Loss of reputation in society and country 13 Bribes to be paid to investigating agencies [including political handlers] for diluting the cases, 14 Expenses for managing media. 15. Other covers that Insurance companies may innovate for the benefit of poor corrupt citizens.

Range of covers:

“Petty” corruption upto 100 Lakh Crores
Medium value corruption from 101 Lakh Crores to 1000 lakh Crores
High value corruption for any amount above 1000 lakh Crores
Life time pension and family pension to those who are jailed for life time or die due to corrupt practices and whose corrupt assets are confiscated by courts.

Premium: Govt will pay 50% annual or life time premium from govt exchequer as welfare initiative and rest 50% will be borne by politicians and officers from corrupt money amassed so far. Insurance companies will pass on corrupt part of premium to party in power in cash or kind or in swiss bank accounts.

Private Citizens: Insurance companies will be free to sell such policies to private citizens also who become part of corruption and scams. However, Govt have no funds to pay premiums for such poor citizens of the republic.

Tender forms and detailed terms and conditions are available at e-tender site of this govt -- www.mcs.gobr.com
___________________________________________________________________

This piece is a work of fiction intended to bring a smile to your face. It bears no connection to events and characters in real life.

Authored by J. P. Shah, Junagadh Gujarat  jpshah50@yahoo.co.in          09102012