Saturday, February 20, 2010

NOT SATISFIED WITH DECISION OF INFORMATION COMMISSIONER?

Large number of appellants/complainants is not satisfied with decisions of Information Commissioners [ICs]. However, since there is no provision of review of decisions of ICs at SIC or CIC level, the only remedy lies in filing a writ petition in High Court. This is costly, time consuming and outcome is also uncertain.

I suggest that whenever appellant/complainant is not satisfied with decision of an IC, he should represent the matter in personal name of concerned IC, with copy to Chief Information Commissioner and Secretary of DoPT, New Delhi and Head of Dept which oversees RTI act in the state. The representation should be detailed one, preferably drafted by experience RTI activist, with all supporting averments or earlier decisions of other SIC/CIC in similar matter.

If this is followed, it will have administrative, moral, positive and persuasive pressure on ICs to refine their future decisions and approach towards information seekers. They will realize that their decisions are being audited by public. Creation of record of defective decisions will also be a deterrent. Govt and Chief Information Commissioner can take administrative steps to correct the situation. There are small solutions to big problems. Little money, time and efforts will have salutary bearing on decisions of ICs, if large number of aggrieved citizens act against faulty decisions of ICs.

Draft of letter to be addressed is attached, which can be used with changes to suit each individual decision.

_______________________________________________________






FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________

Date: By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
_________ Information Commission
Address:
Email ID:

Hon’ble Sir,

Subject: Decision in Appeal/Complaint No. ____________

I thank you for your decision dated _______ in above appeal/complaint dated _______ relating to my RTI application dated _______ addressed to PIO of ___________[name of public authority].

Unfortunately, I am not satisfied with your above decisions because of following infirmities:

1.

2.

3.

The only remedy available to me is to file writ petition in High Court. I do not afford this remedy as it is costly, time consuming and frustrating. However as a citizen interested in good governance, I have deemed it fit to give you my humble feed back on your decision. I sincerely hope, this feed back will have positive effect on your future decisions in consonance with spirit and letter of RTI Act 2005.

I may also add that the basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people.

May GOD be with you always and every time to strengthen RTI for common man of this democratic country.

Yours faithfully,

[ ]

Copies by UPC & email to:

1. Chief Information Commissioner of CIC/SIC

2. Secretary,
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
Government of India
New Delhi, email id: secy_mop@nic.in

3. Secretary,
Dept or Ministry of State govt overseeing RTI in the State

Monday, November 16, 2009

GUIDELINES FOR INSPECTION UNDER RTI

GUIDELINES FOR INSPECTION UNDER RTI

1. Even if you do not desire to carry out actual inspection of records, invariably make a request as under in RTI application:

“After receipt of information under this application, I intend to carry out actual inspection of records and obtain certified photocopies of records identified by me during inspection. I may be permitted such inspection.”

This will have deterring effect on PIO against providing false information.

2. If you are not very conversant with language of record or have any other disability, please also add following sentence in RTI application:

“I may also be permitted to seek assistance of one of my assistant/advocate/C.A. during inspection, as I am not fully conversant with the language in which your records are maintained. [refer decision dated 15-10-08 of Central Information Commission
in appeal No. CIC/WB/A/2007/00692-SM]”

3. When you get permission for inspection from PIO, FAA or Information Commissioner, send a letter by speed post to PIO stating list of records that you would like to inspect. Please also mention three tentative dates with time which would be convenient to you and also seek exact name, address, email ID and phone number of PIO.

4. On appointed day, visit the office well before fixed time with your assistant [if permitted] and with copy of relevant decision, photocopy of your photo ID proof [election card, PAN card, passport etc], digital camera, mobile [with recording facility], blank papers, carbon papers, note pad, blank CD, 20-25 paper flaps [ for putting in registers or files to identify papers], pen, pencil, copy of RTI Act and Rules etc.

5. Please make note of your visit and that of your assistant in register maintained at entry point or reception as now most of govt. offices are having such register. This will be proof of your visit at the fixed date and time.

6. Contact the PIO and request for inspection.

7. Ask PIO to prepare inspection slip for noting down date and time etc of commencing inspection and ending inspection and payment of inspection charges. Some offices have register for these details. If he insists that charges be paid in advance before commencing inspection as per tentative hours required for inspection, pay the amount against receipt and then start inspection.

8. Please insist that PIO or any other person from office should be present with you during inspection.

9. In case if sitting arrangement, lighting and air in the room are not conducive to inspection, inform PIO orally and in writing [if need be], with time and date.

10. Start inspection and whatever record you find worth obtaining certified photocopies, use your digital camera and put a paper flap.

11. Go on making notings in your note pad of what ever is necessary from record with page number and name of register or file etc.

12. In case despite all efforts you are not in a position to inspect, give in writing to PIO all the reasons and obtain his acknowledgement on copy then and there. Also inform personally or on phone to FAA.

13. If you need data from computers, ask PIO to provide assistance of office staff for accessing computer data. Note down details so that required information can be obtained in a CD. Do not operate office computer yourself.

14. Whenever you talk to PIO keep the audio recorder on in your mobile and ensure that conversation is recorded.

15. At the end of inspection or during it ask PIO that you need certified photocopies of record where flaps are kept and collect the same before leaving the office.



16. Once you end inspection, make entry into inspection slip or register with problems faced by you if any or that you want to continue inspection on next date. Put date and time and pay or seek refund of balance of inspection fees. Pay as per RTI rules applicable for central govt. or state govt. rules for inspection as the case may be.

17. In case certified copies or CDs are not provided before leaving the office, give a written request [against acknowledgement] with page numbers of record etc to PIO for certified copy.

18. Be cool, collected and courteous during entire visit and inspection. Thank all the staff and PIO if they have cooperated with you for inspection.

19. Do not write any thing on govt. record.

20. Next week mail a list of papers you require from PIO which have been identified by you during inspection, as a reminder. Pay the charges if papers are provided within 30 days of submission of RTI application.

21. If you face serious difficulties in inspection, file detailed written complaint with FAA or Information Commissioner [with copy to PIO in his name] and request for appropriate orders to facilitate proper inspection.

Happy officially inspecting of govt. records by a common citizen under RTI.

J. P. Shah, Junagadh [Gujarat] Cell: 09924106490

_______________________________________________________


“The real swaraj will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused.” Mahatma Gandhi

Friday, October 30, 2009

IF PIO & FAA ARE NOT PENALISED BY IC

Appellants or complainants have experienced that ICs order supply of information, but they do not penalize PIO or FAA. Under such circumstances I would request aggrieved appellants or complainants to address attached letter to concerned IC. Suitable changes can be made to suit individual case. If large numbers of information seekers address such letters, over a time it will have positive and desired effect. After all in democracy, numbers count.

_______________________________________________________

FROM:
Address:
Email ID:
Mobile No.
_____________________________________________________
Date:

By UPC and email

To,
Shri ________________________
Hon’ble Information Commissioner,
Central Information Commission or State Information Commission
Address:
Email ID:

Hon’ble Sir,

Subject: Decision in Appeal/Complaint No. ____________

I thank you for your decision dated _______ in above appeal/complaint dated _______ relating to my RTI application dated _______ addressed to PIO of ___________[name of public authority]. You have kindly decided that information sought by me be supplied and same is awaited from PIO.

However, you have not imposed any penalty nor sought explanation of PIO or FAA despite there being following infirmities and violation of RTI Act 2005 by them:

1. There is delay in supply of information well beyond time limit mandated in the Act.

2. PIO has denied information for fabricated and untenable reasons, which were not upheld by the Commission.

3. FAA has not passed speaking order and has just concurred with PIO, thus he has failed in his quasi judicial duties.

4. FAA has not decided within time limit fixed under the Act.

5.

6.


I humbly invite your kind attention to section 20 of RTI Act which makes it obligatory on the part of Information Commissioner to impose penalty on PIO and FAA, once breach of provisions of the Act are on record. This has been further substantiated in judgement dated 28-04-2009 of Hon’ble High Court of Delhi in W.P. (C) 3845/2007 MUJIBUR REHMAN versus CIC.

In addition to above, PIO has committed breach of my consumer rights under Consumer Protection Act 1986, as decided by hon’ble National Consumer Disputes Redressal Commission, New Delhi in decision dated 28-05-2009 in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore]. There is deficiency in service and resorting to unfair trade practices

It has been experienced that PIO resort to filibustering tactics by assigning arbitrary and baseless reasons for refusing information, which do not withstand test at CIC/SIC. Lack of knowledge cannot be now treated as reasonable excuse after 4 years of existence of the Act. PIO and FAA are educated, experienced and well informed officers at senior level, and hence error of judgement is not possible in such a simple law.

I was forced to approach CIC/SIC, at heavy expenses [by way of postage, conveyance, computer print-outs] and information is inordinately delayed. My further legal or administrative action against PA has been delayed or rendered time barred. The entire avoidable exercise entails anxiety, tension on the part of information seeker. PIO and FAA happily escape punitive action and enjoy harassment of applicant. One of the reasons for heavy flow of complaints/appeals at CIC/SIC is that PIO and FAA know that they will not be penalized and information can be delayed inordinately, thus compelling citizen not to ever again invoke RTI Act in future and forget it. This will permanently defeat the intention of the legislature and collective will of the people of this country.

Thus by being soft towards PIO and FAA the Commission is increasing its own work load, making RTI Act less effective, causing avoidable expense, delay and frustration to citizen. The Commission in a way facilitates transgression of fundamental rights of citizenry under article 19.1.a. ICs by their soft approach become party to the grave sins and clandestine manipulations of PIO and FAA to frustrate the Act. For a common man ICs are guardians of RTI and fundamental right attached to it.

I therefore once again request you to issue show cause notice to PIO and FAA and penalize them for breach of provisions of RTI Act 2005, under advice to me. This will have all round cascading and positive effect on approach of PIO and FAA in future.

I may add that the basis of every law or every rule OR EVERY EXERCISE OF DISCRETION or every decision govt. or govt. agencies take, is on the premise of greatest good of the greatest number of people. May GOD be with you always and every time to strengthen RTI for common man of this democratic country.


Yours faithfully,


[ ]

Copy by UPC to:

PIO

FAA

Monday, September 14, 2009

ADDITIONAL REMEDY FOR INFORMATION SEEKERS

ADDITIONAL REMEDY FOR INFORMATION SEEKERS


On 28-05-2009 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION [NCDRC] NEW DELHI, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore; has delivered landmark judgement concerning right to information of citizens. It is available at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html This has opened additional avenue for information seekers, in addition to RTI set up.

My inferences are now as under:

1. District Consumer Forum and State/National Consumer Commissions have jurisdiction to try complaints relating to deficiency in service concerning RTI.

2. Information seeker under RTI is a consumer of public authority under Consumer Protection Act 1986.

3. Non-supply of information or supply of defective, incomplete, misleading information, would amount to deficiency in service by the public authority under the Consumer Protection Act 1986.

4. Supply of information beyond time limit fixed by RTI Acts would also amount to deficiency in service by the public authority.

5. Public authority under RTI is a service provider under Consumer Protection Act 1986.

6. Information seeker should have paid fee while seeking information under RTI.

7. Information seeker under RTI can claim compensation and damages under the Consumer Protection Act.

8. Information seeker under RTI can obtain appropriate directions to the public authority from Consumer Forum/ Commissions under the Consumer Protection Act 1986, for removing deficiency in service.

9. Remedies under Consume Protection Act 1986 are in addition to remedies available under Right to Information Acts.

10. Provisions of Consumer Protection Act 1986 can reasonably be extended to first appeal since appeal is an extension of RTI application.

11. Payment of compensation, damages, expenses to information seeker is rarity under RTI Acts, while it is normally allowed under Consumer Protection Act 1986.

12. Applicants under earlier RTI Acts of various States and of Right to Information Act 2005 can avail this additional remedy against public authority.

13. Consumer Protection Act 1986 can also be invoked against SICs [specially for delay in decision] where fees are to be paid for second appeal/complaint. Some one can try this remedy against CIC and also SICs, where fees are not required to be paid for second appeal or complaint.

14. CIC and all SICs can be proceeded against under Consumer Protection Act 1986 for deficiency in supply of their own information.

15. Verbatim judgement of NCDRC referred above is available at post No. 25 at http://www.rtiindia.org/forum/1745-judgements-decisions-under-right-information.html?highlight=court+decisions.

16. RTI Act 2005 is also applicable to Consumer Forums, State and National Commissions!

Note: 1. Recently a SIC supplied information pertaining to its functioning sought by me on receipt of my notice under Consumer Protection Act 1986 claiming compensation and damages of Rs.25000/- and quoting above judgement of NCDRC. This SIC was not responding to my RTI application for nearly 11 months despite exhausting all remedies under RTI Act 2005 and complaining thrice to Chief IC and Governor of the State, who appoints ICs and Chief IC of SIC.

2. Consumer District Fora at Nagpur [in Dec 2010], Vijaynagaram [AP] on 21-01-2011 and Coimbatore [TN] on 07-04-2011 have ordered supply of information and compensation to applicant under RTI Act 2005. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest these two officers of State Govt.

J.P. Shah, Junagadh [Gujarat] 09924106490 jps50@sify.com

Wednesday, June 10, 2009

HOW TO ACCESS EXAM ANSWER SHEETS

THE RIGHT TO INFORMATION ACT 2005

APPLICATION FOR OBTAINING INFORMATION

Date: ___ ___ By speed post

To,

PUBLIC INFORMATION OFFICER [PIO]
________________________________Board

Address:


1. Name of the Applicant: __________________

2. Full Address: ________________________________

Mobile No.__________________________________

Email ID_____________________________________

3. Particulars of information required:

My son/daughter/ward ______________ appeared for _____ standard exam of your board in the month of ______. Photocopy of mark sheet is attached for ready reference.

Please permit me and my above son/daughter/ward to inspect his/her answer sheet/s as well as other relevant records and also provide me certified photocopies of his/her answer sheet/s pertaining to following subjects:

A]

B]



4. Details of payment of filing fees:

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

6. Please also provide me file notings and action taken report on this application along with your reply.

7. Note: I am emphatically drawing your kind attention to:

A] 49 page judgement of 2 judge bench of Hon’ble High Court of Calcutta in M.A.T. No. 275 of 2008 in University of Calcutta & ors. Vs. Pritam Rooj which is available at http://www.judis.nic.in/Kolkata/Judge_Result_Disp.asp.

B] Judgement dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C)

C] Madras High Court judgement dated 16-09-2010 in R. Ramasamy v/s Dr. Ambedkar Law University.



Signature of Applicant

Authority:

I authorize and permit PIO, to supply information sought by my father/mother/guardian and also allow me and my father/mother/guardian to inspect relevant answer sheet/s and connected record as requested per this application. I waive notices under section 11 of RTI Act 2005. I am an Indian citizen.

Signature of examinee ___________________
_____________________________________________________

To enable you to take informed decision please refer:
Decision in Complaint No.CIC/AT/A/2007/01502 dated 24-10-08 available at www.cic.gov.in





Guidelines:

1. If the student has not completed 18 years of age, application has to be made by his/her father or mother or guardian to be on safer side. The student has to give consent only.

If student is above 18 years of age on date of filing application, he himself can file RTI application with relevant changes in above format or he can get it filed by his father/mother/guardian in above format by signing authority portion.

2. Please make payment of filing fee as per RTI rules of your state to which the examining board belongs.

CBSE is a central govt entity and for it you should pay Rs.10/- by postal order in favour of ACCONTS OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION. It should be payable at Delhi

3. Please use the format as prescribed by your state RTI rules or if not prescribed use above format. Do not omit reference to judgement of High Court of Calcutta in any format. Add it as a note.

4 Format and fee payment state-wise are available at www.rti.gov.in and also in guide section of www.rtiindia.org.

5. Address of PIO is available at RTI link on the website of concerned examining board.

6. Above format and procedure can be followed for University exams also with relevant changes.

7. If you do not get reply within 40 days of mailing this application or if the reply is not satisfactory, please immediately file first appeal by visiting:
http://www.rtiindia.org/forum/blogs/jps50/341-first-appeal-state-govts.html

Good luck.