Monday, February 20, 2012

Clarification regarding Other Charges


Clarification regarding Other Charges

Of late I am receiving messages seeking clarification as to how to calculate period within which information should be received, where other charges are payable. I clarify as under:

Suppose an RTI application contains following types of queries:

a. Queries which require no other charges:

Information should be mailed within 30 days from the date of receipt by PIO. These queries should not be delayed for other charges payment.

b. Queries pertaining to other public authorities:  

They should be transferred within 5 days of receipt by PIO to other public authorities.

c. Queries which require payment of other charges:

Following calculation has to be worked out to know if information is supplied within stipulated time of 30 days.

No. of days from date of receipt by PIO to date of dispatch of information minus no. of days from date of dispatch of intimation to pay other charges to date of receipt of other charges = should not exceed 30 days.

If this period exceeds 30 days, then applicant can claim refund of other charges through first appeal.

This issue is clarified in section 7.3.a of RTI Act.

Date of letter may differ from date of dispatch and hence envelopes should be preserved.

Sunday, February 05, 2012

CONSUMER FORUM OR INFORMATION COM OR BOTH?


CONSUMER FORUM OR INFORMATION COM OR BOTH?


01. District Consumer Forums are headed by judicial officers [retired Dist. Judge], while most of ICs are from bureaucracy. Thus there is difference of mind frame and approach and hence results.

02. Decision is taken by 3 member bench of consumer forum. It has two [one male and another female] other members from common citizens, while at CIC/SIC it is single IC. Hence in consumer forum complaint is looked at from common man’s perspective by two members. This improves quality of decisions.

03. There are 2 to 10 ICs per state, while in each district there is one or more consumer forums. In big cities there are 2 to 4 benches. Circuit benches of consumer forums at Taluka level is being contemplated under amendment pending in parliament.

04. IC’s decision can be challenged in High Court only, which is a costly and time consuming procedure. In case of judgement of Consumer Forum, it can be challenged in State Consumer Commission, which is less costly and fast if it is argued by applicant himself.

05. Information seeker can proceed with CIC/SIC and simultaneously consumer forum, since consumer forum is concerned with deficiency of service and unfair trade practice, while CIC/SIC looks at from RTI perspective only.

06. In case of consumer forums, compensation is a rule while in case of CIC/SIC it is rare. Hence part of cost of litigation/travelling is recovered in most cases decided by consumer forums.

07. In most of SICs and CIC waiting period is 12 to 60 months, while in case of consumer forums it is 12 to 36 months.

08. In case of non-compliance of ICs orders, he can at the most penalize Rs.25000/- and/or recommend disciplinary action against PIO to head of public authority. Non-compliance of orders of consumer court can land govt officers in jail. As per news items top heads of two business groups were ordered to be arrested for non-compliance of orders of district forums in two different cases.

09. Fee up to claim of Rs.100000/- is only Rs.100/- in consumer forum.

10. In majority of consumer forums’ decisions supply of information, payment of compensation and expenses have been ordered.

11. In consumer forum you get adequate time to place your arguments, while in case of information commission time given is too short to properly argue your case.

12. However, consumer forums have some negative sides also:

a. Applicant has to visit consumer forum at least 2-3 times. In case of SIC information seeker may or may not remain present at hearing. Only CIC has facility for video conferencing from district head quarters.

b. Complaint in consumer forum has to be filed at the place of office of PIO, it may not be convenient for information seeker, unless he can afford advocate or can be represented by friend/relative well versed in RTI and consumer matters residing at the place of consumer forum.

c. Inter-state RTI matters have language problem also, since proceedings in consumer forums are in regional language, though complaint can be filed in English/Hindi also. This may be true of some SICs also.


05-02-2012


Monday, January 30, 2012

Details of Bank Recruitment through RTI Act



Details of Bank Recruitment through RTI Act
          [Compiled by J. P. Shah Cell 9924106490]
           
            Of late, large number of youths is appearing in bank recruitment exams and interviews. They are facing problem of accessing marks, answer sheets and details of recruitment etc from public sector banks. I append below RTI application and guidelines for accessing all relevant information of recruitment through RTI Act 2005.

Short guidelines:

01. Locate address of CPIO [Central Public Information Officer] of Head Office of the bank by visiting its website under RTI link. In case of following banks you can submit RTI application at any of the branches, since branch heads are designated as ACPIO. You can pay filing fee of Rs.10 in cash at the branch:

State Bank of India, Bank of India, Dena Bank, Canara Bank, Andhra Bank, Oriental Bank of Commerce, Central Bank of India, Punjab National Bank, State Bank of Travancore, State Bank of Mysore, State Bank of Hyderabad, Reserve Bank of India. IDBI Bank, State Bank of Indore, Union Bank of India.

02. In case of remaining banks RTI application should be sent by speed post or registered AD post to H.O

03. Alternatively, you can also deposit your RTI application for all public sector banks with Rs.10 at all district Head Post Offices, which will mail by registered post to concerned bank HO, under advice to you.

04. If you are sending by post, attach crossed postal order of Rs.10/- in favour of the bank payable at the place where you are mailing RTI.

05. Attach self-attested photocopies of hall ticket for written test and call letter for interview [if you have attended interview].

06. Retain photocopy of entire set. It will be required for appeals.

07. In case you have sent RTI by post, after a week of mailing track its delivery at www.indiapost.gov.in and download details of delivery on your computer or print it. Now speed post and registered post can be tracked at this site.

08. If you submit RTI application to branch or head post office, obtain dated acknowledgement from branch head/post master with seal and signature on photocopy of application.

09. In case if you receive intimation to pay other photocopying charges [Rs.2/-  per A-3 or A-4 size page etc], please pay the amount by postal order with covering letter and mail to CPIO by registered/speed post. Track this post as above and print/download details of delivery.

10. If you do not receive reply within 40 days of mailing/submitting by you, file first appeal. You have 30 days time from the date when information should have reached you, for filing first appeal. For first appeal please refer following  link: 


11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal by referring:

FIRST APPEAL GUIDE [CENTRAL]

FIRST APPEAL FORMAT [CENTRAL]:

12. You can lodge your appeal with the branches of banks mentioned at point No. 1 and also at head post offices or mail directly to Appellate Authority at HO [details on bank’s website in RTI link].

13. If you do not get proper reply despite first appeal, lodge second appeal within 120 days of mailing first appeal. You can efile at www.rti.india.gov.in.

14. It is advisable to consult local RTI NGO/activists or visit www.rtiindia.org for filing appeals.

15. RTI Act is applicable to only public sector banks, RBI and also to IDBI Bank. Private, foreign and coop banks are not under RTI.

_____________________________________________________________


Format for RTI Application for Bank Recruitment:

             
              THE RIGHT TO INFORMATION ACT 2005

                   APPLICATION FOR OBTAINING INFORMATION                             __________________________________________________________

Date:  _______                                                                   

To,
Central Public Information Officer
Name of Bank________________
H.O. Address: _____________
_______________________

1. Name of Applicant: ____________

2. Address:  _____________

Mobile No:  ____________  email ID [if any] _________________

3. Particulars of information required:

I had appeared in written test for recruitment for the post of ________ conducted in the month of _______, as per enclosed photocopy of hall ticket dated __________ . My roll No. was ________.

And

I appeared for interview at ________ place on _______ as per enclosed copy of call letter dated _________@

In this connection please provide me following information:

3.1 Paper-wise marks obtained by me in written test.

3.2 Certified photocopies of evaluated answer sheets of all papers.

3.3 Cut of marks in written test up to which candidates were called for interview.

3.4 Details of marks obtained in interview by me.@

3.5 Cut off total marks [written test + interview] obtained by the last candidate who is declared successful.@

3.6 Certified copy of merit list prepared for appointment.

3.7 Serial number in merit list up to which candidates have been actually appointed up to date of this application.

3.8 Number of candidates who have joined as on date of this application.

3.9 Permit me to inspect relevant records as above and obtain certified photocopies of required record.

[@delete if not called for interview ]

4. Payment of filing fee:

Cash of Rs.10/- is paid to branch head/ post master/ACPIO.

OR

Postal Order No. _____________for Rs.10/- is enclosed.

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

6. Kindly refer judgment dated 09-08-2011 of Hon’ble Supreme Court in Civil Appeal No.6454 of 2011 and other 7 writs.

Please do not destroy the requested record till finality of RTI process upto Information Commission and thereafter by way of writs, even if time stipulated under Public Records Act or record retention policy is over.

7. CIC has ordered banks in following decisions to procure information from IBPS and supply to RTI applicants:

No.2738 & 2739/ICPB/2008 dated   21-08-2008
No. CIC/SG/A/2011/000622/12595 dated 30-05-2011
No.CIC/SM/C/2010/000137 dated: 29-06- 2010
No. CIC/SG/A/2010/001372/8573 dated 16-07-2010


Signature of Applicant: _____________

Encl: a/a

Friday, January 27, 2012

INDIAN BANK ASSOCIATION -RTI INTERPRETATION


Date: 26-01-2012                                                                   By post

To,
Chief Advisor-Legal
Indian Banks' Association
World Trade Centre, 6th Floor
Centre 1 Building, World Trade Centre Complex,
Cuff Parade, Mumbai - 400 005

Dear Sir,

SUBJECT: RTI Act 2005 – Preservation of Records by Banks

I happened to peruse following paragraph on your website at

“8. Presentation of Records
All the public sector banks are advised to maintain records for 20 years as envisaged under the Right to Information act. Such requirement would be effective from the date the Right to Information Act has come into force, i.e. 15th June 2005. Such requirement will be applicable to all existing records not yet destroyed as also to the records created after the commencement of the Right to Information Act i.e. 15th June 2005.”

2. The above advice appears to have been given to banks by IBA based on section 8.3 of RTI Act which reads as under:

“Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any 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 under section 6 shall be provided to any person making a request under that section:

Where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.”

3. In my humble opinion and that of other RTI activists, RTI does not have any bearing on Record Retention Policies and rules/schedules  framed therein of public authorities including banks, formulated under Public Records Act 1993. Aforesaid section 8.3 only mandates as under:

a. information falling under clauses other than a, c, and i of section 8.1 to be disclosed if information is older than 20 years as on date of RTI application.

b. Information falling under clauses a, c, and i of section 8.1 not to be disclosed even if it is older than 20 years as on date of RTI application.

This does not mean that public authority should maintain records for 20 years and more. Supply of information depends upon availability of records as on date of application.

4. You may refer CIC decision No. 37/ICPB/2006 dated 26-06-2006 which is available at http://cic.gov.in/CIC-Orders/Decision_26062006_5.pdf.                I reproduce relevant paragraph for your ready reference:

“5. Further, the public authority has erred in interpreting Section 8(3) of the Act to state that since some of the information related to the period prior to 20 years, the same need not be furnished.  Section 8(3) is part of Section 8, which deals with ‘exemption from disclosure of information”.  Section 8(1) specifies classes of information which are exempt from disclosure.  What Section 8(3) stipulates is that, the exemption u/s 8(1) cannot be applied if the information sought related to a period prior to 20 years except those covered in Section clauses (a), (c) and (i) of sub-section 8(1).  In other words, even if the information sought is exempt in terms of other sub-clauses of sub-section (1) of Section 8, and if the same relates to a period 20 years prior to the date of application, then the same shall be provided.  In the present case, since part of the information sought, even though related to a period prior to 20 years, relate to notifications, DGS&D is bound to furnish the same, if the same is available with it.  It is also stated by the CPIO that the information sought relates to policy matters not dealt with in the administration of the Directorate.  What the appellant seeks is only copies of the notification and, therefore, the question of the same being related to policy matter does not arise. “ [emphasis added]

5. The date of commence of section 8.3 RTI Act is 12-10-2005 and not 15-06-2005. It is 120th day from 15-06-2005.

6. I request you to review the issue in light of foregoing and revise advice to banks if deemed fit. This will save cost of retention of old records to banks.

Yours faithfully,


Tuesday, January 24, 2012

PER DECISION SALARY OF ICs OF CIC -- 2011


http://www.box.com/s/ikemq3as2ngmrb3m41jp

PER DECISION SALARY OF ICs OF CIC -- 2011


Name
Total No. of decisions in 2011
No. of decisions per month
Gross salary per month Rs. Jan 2011
ICs’ Salary per decision Rs.
CIC- SM
  2458
  205
  87500
427
IC-AD
  3977
  331
172500
521
IC-SG
  6223
  519
145500
280
IC-MLS
  2528
  211
  87500
415
IC-SS
  2856
  238
  87500
368
IC-DS
  3292
  274
  87500
319
Total
21334
1778
668000
376 average

Remarks:

1. Salary details are as per proactive disclosure by CIC on its website

2.  IC- SG is most cost effective, may be because he is not from govt background.

3. This is not cost per decision which may be much higher keeping in view total non-capital expenditure of CIC. It was Rs. 6754 for the year 2007-08. Now it could be any where between Rs.8000-9000 per decision due to price rise.

4. I had conducted detailed study for 2007-08 for CIC and few SICs and results are at: http://www.box.net/shared/ftj6fiajhm

24-01-2012