Answer sheets of board/university/public service commissions/professional exams
can be obtained/inspected by students
IN THE SUPREME COURT OF INDIA
CIVIL APPELALTE JURISDICTION
CIVIL APPEAL NO.6454 OF 2011
[Arising out of SLP [C] No.7526/2009]
Central Board of Secondary Education & Anr. … Appellants
Vs.
Aditya Bandopadhyay & Ors. … Respondents
Date of judgement 09-08-2011
Full judgement at:
http://www.judis.nic.in/supremecourt/helddis3.aspx
CA No. 6456 of 2011 [@ SLP (C) No.9755 of 2009 - WEST BENGAL BOARD OF SEC.EDUN.& ORS Vs. CHIEF INFOR.COMMR.W.B.INFORMN.COMMN.&ORS ]
CA Nos.6457-6458 of 2011 (@ SLP (C) Nos.11162-11163 of 2009: W.BENGAL BOARD OF SEC.EDUCATION & ORS. XVI Vs. STATE CHIEF INF.COMMR. WEST BENGAL&ORS. )
CA No.6461 of 2011 (@ SLP (C) No.11670 of 2009- UNIVERSITY OF CALCUTTA & ORS. Vs. PRITAM ROOJ & ANR.
CA Nos.6462 of 2011 (@ SLP (C) No.13673 of 2009: WEST BENGAL COUNL.OF HIG.SEC.EDU.& ANR. Vs. PRITAM ROOJ & ORS)
CA Nos.6464 of 2011 (@ SLP (C) No.17409 of 2009: CHAIRMAN,W.B. CENT.SCHOOL SERV.COMMN Vs. PRITAM ROOJ & ORS.
CA Nos. 6459 of 2011 (@ SLP (C) No.9776 of 2010 : INST.OF CHARTERED ACCOUNTANTS OF INDIA )
CA Nos.6465-6468 of 2011 (@ SLP (C) Nos.30858-30861 of 2009: ASSAM PUBLIC SERVICE COMMISSION & ORS. Vs. HAMEN BHARALI & ORS)
Source:
http://causelists.nic.in/scnew/otues/sl.html
Thus it covers exams conducted by CBSE, STATE BOARDS, UNIVERSITIES, PROFESSIONAL BODIES, PUBLIC SERVICE COMMISSIONS. It is doubtful if it can be applied to departmental promotion exams, though ratio can be reasonably extended to such exams/tests.
Friday, August 12, 2011
Thursday, August 04, 2011
NO REPLY TO YOUR RTI APPLICATION ?
NO REPLY TO YOUR RTI APPLICATION?
You have following options:
1. File first appeal for no reply by referring:
First Appeal for no reply to RTI application:
http://www.rtiindia.org/forum/blogs/jps50/1877-first-appeal-non-reply-rti-application.html
2. Resort to Consumer Protection Act 1986 by referring:
Additional Remedy
http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
3. File another RTI application by referring:
Pending? :
http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html
File this RTI application with CPIO of highest office of public authority i.e. Head Office, Ministry or Concerned Dept at State Capital.
4. File complaint with State or National Human Rights Commission:
As per news reports, few years back, Bihar Human Rights Commission had admitted complaint against breach of right to information. Fate is not known but it can also be tried out. Dr. Rao of Mysore opened up RTI to Consumer Protection Mechnism. Similarly new avenue can be opened up under Human Rights for RTI. I quote:
Access to government information is a human right, according to a commentary issued in July, 2011 by the United Nations' Human Rights Committee. The comment is the most comprehensive statement to date embracing freedom of information as integral to human rights under international law.
Above steps can be initiated at any stage of RTI process.
You have following options:
1. File first appeal for no reply by referring:
First Appeal for no reply to RTI application:
http://www.rtiindia.org/forum/blogs/jps50/1877-first-appeal-non-reply-rti-application.html
2. Resort to Consumer Protection Act 1986 by referring:
Additional Remedy
http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
3. File another RTI application by referring:
Pending? :
http://www.rtiindia.org/forum/blogs/jps50/69-any-thing-pending-govt.html
File this RTI application with CPIO of highest office of public authority i.e. Head Office, Ministry or Concerned Dept at State Capital.
4. File complaint with State or National Human Rights Commission:
As per news reports, few years back, Bihar Human Rights Commission had admitted complaint against breach of right to information. Fate is not known but it can also be tried out. Dr. Rao of Mysore opened up RTI to Consumer Protection Mechnism. Similarly new avenue can be opened up under Human Rights for RTI. I quote:
Access to government information is a human right, according to a commentary issued in July, 2011 by the United Nations' Human Rights Committee. The comment is the most comprehensive statement to date embracing freedom of information as integral to human rights under international law.
Above steps can be initiated at any stage of RTI process.
Sunday, July 31, 2011
A Puncturing Joke on Jokepal Bill
Sibbal to Anna: Annaji, Govt has accepted your entire draft word-by-word. Only minor rider is necessary.
Anna to Sibbal; Oh I am happy, by the way what is the rider? Sibbalji.
Sibbal to Anna; Govt and politicians and babus want last section of bill to read as under:
“If complainant cannot 100% prove charges within one year, he and his entire family will have to undergo rigorous imprisonment for their remaining lives in jail in Pakistan [or alternatively Andamans] and their property will stand confiscated to anti-corruption corpus of Govt.”
Anna: Hey Ram!
Anna to Sibbal; Oh I am happy, by the way what is the rider? Sibbalji.
Sibbal to Anna; Govt and politicians and babus want last section of bill to read as under:
“If complainant cannot 100% prove charges within one year, he and his entire family will have to undergo rigorous imprisonment for their remaining lives in jail in Pakistan [or alternatively Andamans] and their property will stand confiscated to anti-corruption corpus of Govt.”
Anna: Hey Ram!
Thursday, June 16, 2011
SUCCESS STORY-WIDOW GETS Rs5.29 LAKHS AFTER 13 YEARS
01-06-2011
A widow and midday meal worker of Junagadh and her husband had invested in 4 term deposits with erstwhile State Bank of Saurashtra, [now merged with State Bank of India] Darbarbadh Branch, Bhavnagar Gujarat in 1996. In 1998 amount was defrauded when she and her husband were in Africa. Bank filed FIR and refused to pay back amount. This was totally against RBI directives on frauds, where in it is provided that customer should not suffer for fraud, if he is not a party to fraud. Her husband expired in 2003. Fraud was perpetrated due to negligence or connivance of officers of the bank.
She was introduced to me by my friend who works for consumer protection. Under my guidance she filed first RTI application on 26-03-2008. It took 26 letters, 9 RTI applications, 7 RTI first appeals, One second appeal and one complaint to Central Information Commission, New Delhi to get back this amount. All officers right from Branch Manager, Asstt. Gen Manager Bhavnagar, General Manager LHO Ahmedabad, Chief General Manager LHO, Ahmedabad, Bank Chairman at H.O. Mumbai, Directorate of Public Grievances Govt. of India, New Delhi, Governor RBI Mumbai, Ministry of Finance and Ministry of Law & Justice were repeatedly hammered to get back this amount, without moving courts/consumer forums [as case was time barred]. It took me 1162 days to help her get back amount Rs.5.29 lakhs with interest for 13 years, after extensive follow up and RTI interventions.
I could dig out bank’s internal papers through RTI and could force country’s biggest and most adamant bank to repay the amount, based on their own papers and circulars. The lady had hardly any details of deposits, except name of bank branch and probable period of deposit. All other details were sucked through RTI.
RTI does work.
A widow and midday meal worker of Junagadh and her husband had invested in 4 term deposits with erstwhile State Bank of Saurashtra, [now merged with State Bank of India] Darbarbadh Branch, Bhavnagar Gujarat in 1996. In 1998 amount was defrauded when she and her husband were in Africa. Bank filed FIR and refused to pay back amount. This was totally against RBI directives on frauds, where in it is provided that customer should not suffer for fraud, if he is not a party to fraud. Her husband expired in 2003. Fraud was perpetrated due to negligence or connivance of officers of the bank.
She was introduced to me by my friend who works for consumer protection. Under my guidance she filed first RTI application on 26-03-2008. It took 26 letters, 9 RTI applications, 7 RTI first appeals, One second appeal and one complaint to Central Information Commission, New Delhi to get back this amount. All officers right from Branch Manager, Asstt. Gen Manager Bhavnagar, General Manager LHO Ahmedabad, Chief General Manager LHO, Ahmedabad, Bank Chairman at H.O. Mumbai, Directorate of Public Grievances Govt. of India, New Delhi, Governor RBI Mumbai, Ministry of Finance and Ministry of Law & Justice were repeatedly hammered to get back this amount, without moving courts/consumer forums [as case was time barred]. It took me 1162 days to help her get back amount Rs.5.29 lakhs with interest for 13 years, after extensive follow up and RTI interventions.
I could dig out bank’s internal papers through RTI and could force country’s biggest and most adamant bank to repay the amount, based on their own papers and circulars. The lady had hardly any details of deposits, except name of bank branch and probable period of deposit. All other details were sucked through RTI.
RTI does work.
Thursday, June 02, 2011
FIRST APPEAL IF NO REPLY IS RECEIVED IN STIPULATED TIME LIMIT
If no reply is received within 40 days of mailing RTI application[ including postal time of 10 days], first appeal needs to be filed within 30 days from the date reply should have been received.
I append below format for ready use. It can also be emailed followed by hard copy by ordinary post or else it has to be mailed by registered AD /speed post. If ACPIO is available nearby, it can be delivered to him against his acknowledgement. In case if designation of appellate authority is not known you can address to ‘APPELLATE AUTHORITY UNDER RTI ACT’ and mail at the address where you had mailed RTI application. For appeal for information of any central govt. office, this appeal can be delivered to Post Master of any Head Post Office, who is designated as ACPIO for all central govt. public authorities [offices].
No fee need be paid for central govt. information. However, some State Govts. [like Maharashtra and Orissa -Rs.20 by affixing court fee stamp] have prescribed fee for first appeal which needs to be paid as per RTI rules applicable to that State. Gujarat, Karnataka, Kerala, WB, Rajasthan, Tamil Nadu, Delhi, UP, AP, Goa have not prescribed fee for first appeal. Details of state-wise rules are available at www.rti.gov.in or at
http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/.
F O R M A T
_______________________________________________________________
From:
Address:
Phone/Cell No.:
________________________________________________________________
Date: _________ By post and email
To,
__________ {Designation of FAA under RTI Act},
Name of public authority/office ____________
Address: ______________________________
Dear Sir,
Subject: First Appeal under RTI Act 2005
I had submitted enclosed RTI application dated ______ by registered /speed post / in person. I have not received reply from C/PIO within stipulated time, despite lapse of stipulated time limit under the act. Thus RTI Act 2005 is violated by C/PIO.
I humbly file this appeal for your kind decision any pray as under:
1. Please provide or order supply of information sought by me.
2. Please initiate disciplinary action under service rules against Asstt C/PIO or C/PIO or deemed C/PIO for violation of law passed by Parliament.
I quote following decisions in your own interest:
No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010
No. CIC/AT/A/2010/000451 dated, the 18-11- 2010 [SBI]
No. CIC/DS/A/2011/000220 dated 12-05-2011
and office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT, Govt of India, New Delhi.
Yours faithfully,
______________
Encls: Self attested RTI application with its enclosures.
________________________________________________________________
The principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi judicial proceeding if such a proceeding has to inspire confidence in the mind of those who are subject to it.
--SUPREME COURT OF INDIA in CIVIL APPEAL NO. OF 2010 (Arising out of Special Leave Petition (C) No.27615/08) ORYX Fisheries Private Limited ...Appellant(s)
- V/sUnion of India and others DELIVERED ON 29-10-2010
I append below format for ready use. It can also be emailed followed by hard copy by ordinary post or else it has to be mailed by registered AD /speed post. If ACPIO is available nearby, it can be delivered to him against his acknowledgement. In case if designation of appellate authority is not known you can address to ‘APPELLATE AUTHORITY UNDER RTI ACT’ and mail at the address where you had mailed RTI application. For appeal for information of any central govt. office, this appeal can be delivered to Post Master of any Head Post Office, who is designated as ACPIO for all central govt. public authorities [offices].
No fee need be paid for central govt. information. However, some State Govts. [like Maharashtra and Orissa -Rs.20 by affixing court fee stamp] have prescribed fee for first appeal which needs to be paid as per RTI rules applicable to that State. Gujarat, Karnataka, Kerala, WB, Rajasthan, Tamil Nadu, Delhi, UP, AP, Goa have not prescribed fee for first appeal. Details of state-wise rules are available at www.rti.gov.in or at
http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/.
F O R M A T
_______________________________________________________________
From:
Address:
Phone/Cell No.:
________________________________________________________________
Date: _________ By post and email
To,
__________ {Designation of FAA under RTI Act},
Name of public authority/office ____________
Address: ______________________________
Dear Sir,
Subject: First Appeal under RTI Act 2005
I had submitted enclosed RTI application dated ______ by registered /speed post / in person. I have not received reply from C/PIO within stipulated time, despite lapse of stipulated time limit under the act. Thus RTI Act 2005 is violated by C/PIO.
I humbly file this appeal for your kind decision any pray as under:
1. Please provide or order supply of information sought by me.
2. Please initiate disciplinary action under service rules against Asstt C/PIO or C/PIO or deemed C/PIO for violation of law passed by Parliament.
I quote following decisions in your own interest:
No. CIC/SG/A/2010/001352/8407 dated 05-07-2010
No.CIC/SG/A/2010/000085/6895Adjunct dated 05-07-2010
No. CIC/AT/A/2008/00290 dated 17-07-2008
No.CIC/AD/A/2010/000952 dated August 18, 2010
No. CIC/AT/A/2010/000451 dated, the 18-11- 2010 [SBI]
No. CIC/DS/A/2011/000220 dated 12-05-2011
and office memorandum No. 10/23/2007-IR dated 09-07-2007 of DoPT, Govt of India, New Delhi.
Yours faithfully,
______________
Encls: Self attested RTI application with its enclosures.
________________________________________________________________
The principle that justice must not only be done but it must eminently appear to be done as well is equally applicable to quasi judicial proceeding if such a proceeding has to inspire confidence in the mind of those who are subject to it.
--SUPREME COURT OF INDIA in CIVIL APPEAL NO. OF 2010 (Arising out of Special Leave Petition (C) No.27615/08) ORYX Fisheries Private Limited ...Appellant(s)
- V/sUnion of India and others DELIVERED ON 29-10-2010
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