RTI request denied, petitioner told PIO was ‘on leave’

RTI request denied, petitioner told PIO was ‘on leave’ 

Venkadesan.S @timesofindia.com 10.03.2025

Chennai : The role of a Public Information Officer (PIO) under the Right to Information (RTI) Act is to either provide the requested information or deny it based on officially cited reasons. However, in a response to an RTI plea, a petitioner received a reply from the PIO saying the information could not be furnished as he was on leave. City-based RTI activist M. Kasimayan sought details of how Rashtriya Madhyamik Shiksha Abhiyan (RMSA) funds were used by the model govt higher secondary school at Peru Nagar in Kancheepuram from 2017 to 2023. 

Although the petitioner submitted his application in Feb, the reply he received earlier this month said the details he sought were with headmaster S Ezhil, and could not be provided as he was on leave. The response was sent by the headmaster, but it was undersigned in green ink by an unidentified person. “If the PIO concerned is on leave, the assistant PIO can furnish the information. The undersigned did not disclose who he/she is. The reply raises many doubts,” said Kasimayan, adding that he would file a complaint before the information commission.

RTI’s purpose not to satisfy curiosity, Delhi University tells HC over Modi’s degree row

RTI’s purpose not to satisfy curiosity, Delhi University tells HC over Modi’s degree row

The Hindu Bureau

NEW DELHI  15.01.2025

Delhi University on Monday argued before the Delhi High Court that the purpose of a petition under the RTI Act was not to satiate a third party’s curiosity as it challenged the Central Information Commission (CIC) order over the disclosure of information on Prime Minister Narendra Modi’s educational degree.

Solicitor-General Tushar Mehta said students’ information was held by a university in a “fiduciary capacity” and could not be divulged “to a stranger” for the law exempted it.

“Section 6 provides a mandate that information will have to be given, that is the purpose. But the RTI Act is not for the purpose of satisfying someone’s curiosity,” Mr. Mehta said.

The RTI law could not be abused or misused by directing disclosure of information unrelated to transparency and accountability in the functioning of public authorities, Mr. Mehta argued.

On the RTI petition of an activist, Neeraj, the CIC had on December 21, 2016, allowed the inspection of records of all students who had cleared the BA exam in 1978, the year Mr. Modi also passed it.

The petition sought details of students who wrote the examination in 1978. The CIC’s order was, however, stayed by the High Court in 2017.

Mr. Mehta called the CIC’s order contrary to established law, and said “indiscriminate and impractical” demands under the RTI Act for the disclosure of “all and sundry” information would be counterproductive, and adversely affect the efficiency of the administration.

“He wants everybody’s information in 1978. Somebody can come and say 1979. This university was established in 1922,” Mr. Mehta said.

Salary of staff public info, can be shared under RTI: HC

Salary of staff public info, can be shared under RTI: HC 

03.01.2025

Bhopal/Jabalpur : The MP high court has held that salary of a public servant is public information and can't be denied under the Right to Information Act, if sought. With this observation, the court quashed the order of the public information officer and state information commission and ordered that desired information be fetched to the petitioner within a month. The petitioner, MM Sharma from Chhindwara, said he had sought information about wages paid to two employees of forest circle Chhindwara. Counsel for the petitioner, Nityanand Mishra, argued that wages of public servants is a public information, and it has to be shared if asked for under section 4 of the RTI, 2005. It can't be kept a secret on the pretext of it being private information, which can't be shared with a third person. After hearing arguments from both sides, the bench of Justice Vivek Jain allowed the petition, asking the public information officer to share the information with the petitioner within a month. TNN

RTI documents cannot be marked ‘not evidence’: GIC

RTI documents cannot be marked ‘not evidence’: GIC 

TIMES NEWS NETWORK 28.10.2024

Ahmedabad : The Gujarat Information Commission (GIC) has ruled against the practice of govt departments adding disclaimer stamps on documents provided under Right to Information (RTI). These disclaimers typically state, “Information provided under Section 7(9) of RTI Act in its present form cannot be considered as evidence.” In a recent order, it said that the practice was inconsistent with both state and central govt guidelines. The commission highlighted the procedural dispute after Kalupur resident Pankaj Bhatt approached the commission with documents provided by the city deputy collector (East) office, which bore the controversial stamp. Bhatt challenged the manner in which the documents were certified by a Public Information Officer (PIO) of the Ahmedabad collectorate. 

The documents bore the stamp, “Information provided under Section 7(9) of RTI Act in its present form cannot be considered as evidence”. During the hearing, state’s chief information commissioner, Subhash Soni, noted that this stamping practice contradicted the circular issued by the state govt’s General Administration Department (GAD) on Dec 29, 2015. This GAD order states that each of the pages of the documents provided under the RTI Act should bear the stamp, “Records/Information provided under the Right to Information Act.” In his order dated Oct 16, Soni said, “The PIO must rectify the stamp on all the documents in accordance with the 2015 circular, and all future RTI responses must bear the correct certification.” The order also referred to the Union govt’s department of personnel and training (DoPT) order of Oct 2015. Bhatt, who did not have the original documents during the hearing, agreed to current PIO for proper certification.  

“The copy of any govt records provided by the govt under an Act is authentic. How can any stamp exist which states that they cannot be used as evidence? It is the court of law which decides. Such stamps are illegal and contravening to the RTI Act itself,” Bhatt argued.

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court

Namdev Singh

15 Oct 2024 2:30 PM

A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act.

Background Facts

On April 19, 2017, respondent No. 3 submitted an RTI application. It was sent to the Public Information Officer (PIO) of the Directorate of Education (DoE), Delhi. The application requested various details about the service records of the staff at Ryan International School. It also sought information on their employment conditions.

The requested information included whether the school kept and updated service books for its employees. It also asked for details about the financial benefits given to employees according to government guidelines. Additionally, it requested copies of promotion and financial benefit orders, as well as copies of communications related to promotions and conduct related matters issued by the school to its employees.

On May 27, 2017, the Central Public Information Officer (CPIO) of the DoE informed respondent No. 3 about the RTI application. The application was forwarded to Ryan International School for their response. However, no specific information was provided at that time. Aggrieved by the same, respondent No. 3 decided to file a appeal under the RTI Act.

On July 25, 2017, the First Appellate Authority directed the PIO to revise the reply. The authority instructed the PIO to provide the requested information to respondent No. 3. The PIO then forwarded the school's response to respondent No. 3. The Ryan International School denied the request for information. They claimed it was a private unaided institution. The school stated that it did not fall under the purview of the RTI Act. They argued that it was not a "public authority" as defined by the RTI Act. Therefore, the school was not obligated to provide such information.

Unsatisfied with the school's response, respondent No. 3 filed a second appeal before the CIC. The CIC issued an order to the DoE. The order directed the DoE to use its regulatory powers. The CIC required the DoE to obtain the requested information from the school. The CIC ruled that the DoE, as a regulatory body, had a duty to oversee the functioning of all schools. This included private unaided schools. The CIC emphasized the need to ensure compliance with the Delhi School Education Act and Rules (DSEAR), 1973.

The CIC emphasized that Ryan International School might not be a public authority under the RTI Act. However, the DoE was obligated to monitor and supervise the school's operations. The CIC held that the information sought by respondent No. 3 was related to the regulatory oversight of the DoE. Therefore, this information should be accessible through the DoE. This access to information is ensured under the Delhi School Education Act and Rules (DSEAR), 1973.

The CIC further stated that the DoE has the power and responsibility to ensure that schools comply with the DSEAR Act. The DoE serves as the supervisory and regulatory authority. The school's refusal to provide the requested information was based on its claim of being outside the RTI Act's scope. The CIC found this reasoning inadequate. The DoE must exercise its powers to collect the necessary information from the school. This information should then be made available to the applicant under the RTI Act.

Aggrieved by the CIC's order, Ryan International School filed a writ petition in the Delhi High Court, seeking to quash the order passed by the CIC.

It was argued by the school that the information being sought was personal information about its employees. It claimed this information was exempt from disclosure under Section 8(1)(j) of the RTI Act. This section protects personal information that does not serve a public interest and could invade privacy. It was further contended that it is a private unaided institution. Therefore, it did not fall under the definition of "public authority" as per the Right to Information (RTI) Act, 2005. As a result, the school was not obligated to disclose the requested information including employee service records.

On the other hand, it was contended by the CIC that most of the information sought by respondent No. 3 should be accessible under the DSEAR (Delhi School Education and Rules) Act. This Act specifically applied to “unaided schools”. These schools are accountable to the Directorate of Education and must comply with its mandates. The Act includes provisions such as Sections 50, 55, and 56, which establish criteria for granting, suspending, or withdrawing school recognition.

The CIC further contended that the Directorate of Education has the authority to monitor and regulate schools under the DSEAR Act. This authority requires schools to submit necessary documents as mandated. These documents contain information that is accessible to the public under the RTI Act, 2005.

Findings of the Court

It was observed by the court that the CIC has directed the disclosure of information which was entirely personal information of the employees and this information was exempted from disclosure under clause (j) of Section 8(1) of the RTI Act.

Furthermore it was observed by the court that nothing has been brought on record to show that the larger public interest was involved which required the disclosure of such information even though it was exempted.

It was noted by the court that the CIC had directed the Directorate of Education to call upon schools under its regulatory capacity to furnish certain information, however, the order did not consider the fact that the information sought pertained to sensitive personal information and service records of the employees of the school.

It was held by the court that the order dated 14th May, 2019 passed by the CIC, was unsustainable. Therefore it was set aside by the court.

With the aforesaid observations, the writ petition was allowed.

Case No. : W.P.(C) 8984/2019

Counsel for the Petitioner: Romy Chacko, Senior Advocate with Ashwin Romy, Sachin Singh Dalal, Akshat Singh and Joe Sebastian, Advocates

Counsel for the Respondents: R.K. Malik, APO (DoE)

NGO seeks information on yoga course, receives RTI reply in Hindi

NGO seeks information on yoga course, receives RTI reply in Hindi 

TIMES NEWS NETWORK  09.10.2024

Chennai : Can yoga and naturopathy graduates be registered under the National Commission for Indian System of Medicine and be allowed to practise medicine when the National Commission for Indian System of Medicine (NCISM) Act 2020 does not include the course in its schedule? On Aug 5, the convenor of a Chennai-based NGO, Arappor Iyakkam, Jayaram Venkatesan, sought a copy of the national and state register of licensed medical practitioners of the Indian system of medicine from Tamil Nadu under the RTI Act.

 “I wanted to know if the commission, a statutory body, is the apex body regulating the practice and education of Ayurveda, Unani, Siddha, and Sowa-Rigpa (AUS&SR) allows registra-tion of yoga and naturopathy graduates,” he said. While students joining undergraduate courses in Ayurveda, Unani, or Siddha must have cleared NEET, students are admitted to yoga and naturopathy courses based on merit in Class XII marks. When these students graduate, they are registered in the registry of Indian medicine. “Without registration, candidates will not be allowed to practise medicine. 

We want to know under what law they are being registered,” he told TOI. A month later, the National Commission for Indian System of Medicinelaw office and central public information officer Gyanendra Narayan Sah sent a two-point reply written in Hindi. First, he said national registration numbers have not been provided to Tamil Nadu. He also added that data received from Tamil Nadu is third party information and cannot be shared. “The central govt denying this information, that too in Hindi, is highly condemnable. 

When a question is asked in English, the reply must be in English. Several courts have said this already,” Jayaram said. As a mark of protest, Arappor Iyakkam filed its first appeal to the same department in Tamil on Tuesday. “I am hoping to hear information. Students joining such courses and patients going to these doctors must know if the course is recognised,” he said

KIC slaps record ₹3.2 crore as penalties on govt officials

KIC slaps record ₹3.2 crore as penalties on govt officials 

TIMES NEWS NETWORK 15.09.2024 

Bengaluru : The Karnataka Information Commission (KIC) has set a record by imposing the highest penalties in the country while efficiently disposing of Right to Information (RTI) appeals: In the last two-and-a-half years, the commission’s 10 benches have concluded 1,273 cases and imposed a total penalty of Rs 3.2 crore!

According to the RTI Act, the commission can punish any public official who denies information or provides misleading information with a penalty of Rs 250 per day (not exceeding Rs 25,000). Many RTI applicants, dissatisfied with delays or lack of information file appeals with the KIC for review. Unlike other states where the commission has either become defunct or runs a low-key operation, KIC has chosen not to allow accumulation of appeals. 

Speaking to STOI, incharge state chief information commissioner HC Sathyan said: “We prioritized the swift resolution of pen ding appeals and the imposition of penalties on erring parties. The motive is to ensure that officials provide information to public, thereby ensuring transparency and accountability in administration.” Interestingly, Sathyan tops the list of information commissioners regarding disposal of cases and imposition of penalties. He handled 805 cases (46.7% of the total) and imposed Rs 2.1 crore in penalties, amounting to 68.1% of the total fines. State information commissioner KP Manjunatha, who presides over three benches, resolved 215 cases and imposed penalties totalling Rs 23.7 lakh. Ravindra Gurunath Dhakappa, the state information commissioner for the Kalaburagi bench, imposed penalties of Rs 21.3 lakh and resolved 100 cases, making him the third highest in terms of fines levied. 

Public officials have also been punished for destroying files when sought by applicants. Sathyan himself has ordered inquiry against more than 25 such officials under the Record Keeping Act, 2010. Not just penalising officials, the commission has cracked down applicants who file frivolous petitions or threaten govt officials

RTI

 

RTI

 

RTI ACT : GUJARAT INFORMATION COMMISSION

 

CHANDRIGARH NEWS

 

NMC has no records on public notice on stipend issued in 2019

NMC has no records on public notice on stipend issued in 2019

SPECIAL CORRESPONDENT

APRIL 18, 2022 17:59 IST

UPDATED: APRIL 18, 2022 17:59 IST

Commission has more to conceal than reveal, says RTI activist

Kozhikode

The National Medical Commission (NMC) seems to have no records or files on a public notice issued three years ago for an amendment to Graduate Medical Education Regulations, 1997, which dealt with stipend for medical interns.

This was revealed in a reply given under the Right to Information Act to K.V. Babu, a Kannur-based ophthalmologist and RTI activist. Dr. Babu had filed a plea on January 28 asking for the status of the public notice dated January 25, 2019, and also copies of all the comments received and all the discussions on the amendments, and the file notings.

The notification had said that the Board of Governors that superseded the Medical Council of India (MCI) was considering inclusion of the following provisions in the regulations: “All the candidates pursuing compulsory rotating internship at the institution from which MBBS course was completed, shall be paid stipend on par with the stipend being paid to the interns of the State Government Medical Institution/Central Government Medical Institution in the State/Union Territory where the institution is located.” Comments or suggestions were invited within 15 days.

The reply given to Dr. Babu said “In this regard, it is stated that the previous records/file pertaining to your RTI application could not be traced, despite all possible efforts.” The public notice, however, is available in the NMC archives.

ADVT

Dr. Babu said that ironically, the NMC insists that every physician should maintain medical records pertaining to his/her indoor patients for a period of three years from the date of commencement of the treatment in a standard proforma laid down by the MCI. If any request is made for medical records either by the patients/authorised attendant or the legal authorities, they may be duly acknowledged and documents should be issued within 72 hours.

“The NMC has more to conceal than reveal under the RTI,” he said.

Officials use corona to mask RTI queries

 Officials use corona to mask RTI queries

Govt Bodies Cite Sec 4 of Epidemic Diseases Act To Decline Information

---

Meghdoot.Sharon@timesgroup.com

Ahmedabad:

03.01.2022

What is cost incurred on treating patients at designated private Covid-19 hospitals in Ahmedabad? What is sanctioned strength, and vacancies of doctors and nurses at the Civil hospital in Ahmedabad? What are the names of persons whom SVP hospital has administered Remdesivir injections? How many Covid-19 deaths have taken place at AMC-run hospitals?

In all the above instances, information was not provided to applicants who filed queries under Right to Information (RTI) Act citing confidentiality clause as the Epidemic Diseases Act, 1897 is in force. Ever since the outbreak of Covid-19 almost two years ago, public authorities, especially those in the health sector, have been denying information by citing section 4 of the Epidemic Diseases Act, 1897, allege activists.

RTI activist Alpesh Bhavsar says earlier this year he sought information on patients treated by private designated Covid-19 hospitals and the expenses incurred. Six of the seven Ahmedabad Municipal Corporation (AMC) zones said information was confidential under the Epidemic Diseases Act, 1897, one zone provided it.

“The authorities cite section 4 of the Epidemic Diseases Act, but all we are seeking is information. There is no intention of initiating legal proceedings. When we appeal, authorities are then forced to provide information,” he said.

Section 4 of the said act has no mention of not providing information. It in fact grants protection to persons against legal proceedings for anything done in good faith, say activists. Section 4 of the Epidemic Diseases Act, 1897 reads – “Protection to persons acting under Act. No suit or other legal proceeding shall lie against any person for anything done or in good faith intended to be done under this Act. ”

In almost all such cases, RTI activists have had to go for appeals, with the respective public authority or the commission when a majority of the information should ideally be part of voluntary disclosure.

RTI activist Pankaj Bhatt sought information on th number of Covid-19 deaths in AMCrun hospitals since the outbreak. “The AMC cities confidentiality clauses, but the law regarding birth and deaths says these figures should be updated on the government website periodically,” Bhatt said.

‘Covid’ most searched on Google by Gujaratis

The ‘Year in Searches,’ annual analysis of the searches by Google for Gujarat region revealed that Covid-19 remained on top of the overall searches in 2021. The Gujaratis searched for symptoms of Covid-19, hospital bed availability near them, what is black fungus and optimum oxygen levels among others.

KIC slaps ₹10K penalty on BU vice-chancellor

KIC slaps ₹10K penalty on BU vice-chancellor

TIMES NEWS NETWORK

Bengaluru:24.12.2021

Karnataka Information Commission imposed a cost of Rs 10,000 on KR Venugopal, vice-chancellor of Bangalore University, payable to social activist Veeraiah Hiremath.

The penalty is over the VC’s failure to provide information, despite being the public information officer, and for not appearing before the commission despite being directed to do so.

A bench headed by State Information Commissioner HP Sudham Das directed Venugopal to appear before the commission on January 20 with relevant records pertaining to compliance of directions issued by the commission.

Hiremath had filed RTI applications in October 2017, seeking information on various issues, including cutting of sandalwood trees in the biological park, parking chaos, sound pollution and alleged illegal activities on the university campus.

He told TOI that on July 29, 2021, the commission had directed the VC to submit in 15 days details regarding implementation of the 11-point resolution at a July 24, 2018 meeting over protecting BU’s property. But it was not done despite several opportunities provided by the commission to the VC, he added.

Is state govt ready to launch RTI portal, asks high court

Is state govt ready to launch RTI portal, asks high court

TIMES NEWS NETWORK

Ahmedabad:16.11.2021

The Gujarat high court on Monday questioned the state government on whether it is ready to launch a portal through which citizens can file applications seeking information under the Right to Information (RTI) Act and asserted that the government can work out modalities later.

The bench headed by Chief Justice Aravind Kumar asked the government to reply to its question on Wednesday. The court’s query came in response to two PILs filed three years ago, demanding online processing of RTI applications and to create a payment gateway for those who seek information online.

Appearing for a petitioner, senior advocate Saurabh Soparkar submitted that the petitioner wants RTI applications to be processed online through a portal. The Centre and other states have already started accepting RTI applications through portals. He questioned why a developed state like Gujarat cannot do it. He termed the affidavit filed by the state government irrelevant and submitted that the government has taken three years on pretext of awarding contract to companies for the purpose of creating systems on how to track files with regard to RTI applications. “I want RTI application to be filed online and a payment gateway to pay fees, nothing more and nothing less. I do not desire to track the files in government department,” he submitted.

The state government submitted that the process of finalizing the system is underway. To this, the chief justice said whether the concerned government secretary can state on an affidavit that he would receive all RTI applications online. “We want a three-line answer whether you are ready to process RTI applications online or not? We do not want all details. The moment you enter in all those details, it will be surrounded by mystery,” the judge sought reply after two days.

After the senior advocate submitted that there are government agencies who want to set up payment gateway for free , another petitioner-advocate Sandeep Munjyasara drew the court’s attention on how the state government has taken three years to make a clear statement on this issue.

A pathbreaking governance reform is becoming defunct, and all political parties are to blame

RTI’s Slow Death

A pathbreaking governance reform is becoming defunct, and all political parties are to blame

13.10.2021

Quality of a democracy depends on a lot more than the right to exercise franchise. The Supreme Court’s interpretation of the Constitution has placed the people’s right to information squarely within the ambit of fundamental rights, or Article 19(1)(a). It’s in this backdrop that the enactment of Right to Information in 2005 was hailed as a milestone in strengthening democracy by giving citizens a tool to enforce accountability, particularly of public expenditure. Over its journey of 16 years, however, RTI’s potential has been diluted by insincerity in its implementation.

The latest iteration of citizens’ group Satark Nagrik Sangathan’s annual publication on the state of RTI implementation presents a bleak picture. RTI is overseen by information commissions, both of GoI’s and states’. Cutting across party lines, RTI’s potential is being diluted by delays in appointing both chief information commissioners and information commissioners to relevant bodies. Consequently, there’s a build-up of outstanding cases, which hugely extends the timeline to dispose of them. If this situation persists, it will all but kill RTI even while it remains on the statute books. In fact, SC in a February 2019 judgment warned against this possibility.

Of the 29 commissions studied in the report, three were found to be completely defunct. An example of two states indicates how RTI is being rendered toothless. UP’s commission did not have a head for a full year, while Rajasthan did not appoint one for two years. In Odisha, the disposal of a case, based on the current trend, will take almost seven years. In all, there was a backlog of 2.55 lakh cases on June 30, an increase of almost 11,000 since the year’s start. Maharashtra had the largest number of outstanding cases at 74,240. Indian democracy deserves better. A tool that empowers citizens cannot be allowed to be undermined.

TNSTC fined ₹3k for ignoring RTI queries

TNSTC fined ₹3k for ignoring RTI queries

Madurai:23.09.2021

The state information commission (SIC) has directed the Madurai division of the TNSTC to pay ₹3,000 to a commuter for failure to provide information to his repeated RTI pleas for more than two years. The commission also directed the TNSTC to provide the information in a week’s time.

G Jayaprakash, the commuter from Kovilpatti, Tuticorin, took a TNSTC bus from Madurai to Kovilpatti on December 22, 2018. He gave the conductor ₹500 for a ticket that cost ₹98, when he said the staff treated him very badly and humiliated him in front of many other passengers. The conductor also tried to make him get down in a dark place about 7km away from the city. There was no response to his complaints and RTI pleas to TNSTC. The TNSTC return the ₹402 balance as a cheque to Jayaprakash in August. TNN

ஆர்.டி.ஐ., பதிலில் அதிகாரியின் கையெழுத்து ஆதார் எண் அவசியம்: சென்னை உயர்நீதிமன்றம் உத்தரவு

ஆர்.டி.ஐ., பதிலில் அதிகாரியின் கையெழுத்து ஆதார் எண் அவசியம்: சென்னை உயர்நீதிமன்றம் உத்தரவு

Added : ஆக 26, 2021 01:22

சென்னை:'தகவல் உரிமை சட்டத்தின் கீழ் பதில் அளிக்கும் ஒவ்வொரு பக்கத்திலும், பொது தகவல் அதிகாரியின் கையெழுத்துடன், அவரின் ஆதார் எண்ணையும் குறிப்பிட வேண்டும்' என, சென்னை உயர் நீதிமன்றம் உத்தரவிட்டு உள்ளது.

சென்னை மாநகர போக்குவரத்து கழகம் மற்றும் அயனாவரம் வட்டார போக்குவரத்து அலுவலகத்தில், சில தகவல்களை வழங்கக் கோரி, சிற்றரசு என்பவர், தகவல் உரிமை சட்டத்தின் கீழ் விண்ணப்பித்தார். உரிமைஆனால், அவர் கேட்ட விபரங்கள் வழங்கப்படாததால், சென்னை உயர் நீதிமன்றத்தில் வழக்கு தொடர்ந்தார்.

இந்த வழக்கு நீதிபதி எஸ்.வைத்தியநாதன் முன் விசாரணைக்கு வந்தது. அப்போது, தகவல் உரிமை சட்டத்தின் கீழ் அளிக்கப்பட்ட விண்ணப்பத்திற்கு, தொடர்ந்து தவறான தகவல்கள் வழங்கப்பட்டதாக மனுதாரர் தரப்பில் தெரிவிக்கப்பட்டது.நீதிபதி வைத்தியநாதன் பிறப்பித்த உத்தரவு:தகவல் ஆணையம் அளிக்கும் தகவல்களில், ஏதேனும் குறைகள் இருந்தால், அதை எதிர்த்து மேல் முறையீட்டு அதிகாரியிடம் முறையீடு செய்ய, தகவல் அறியும் உரிமை சட்டம் அதிகாரம் வழங்கிஉள்ளது.

சுற்றறிக்கை

தவறான தகவல்களை அளிக்கும் அதிகாரிகளுக்கு எதிராக நடவடிக்கை எடுக்க வசதியாக, விண்ணப்பங்களுக்கு அளிக்கும் பதில்களின் ஒவ்வொரு பக்கத்திலும், சம்பந்தப்பட்ட அதிகாரி கையெழுத்திடுவதுடன், அவரது ஆதார் விபரங்களையும் வழங்க வேண்டும். இது தொடர்பாக, தகவல் ஆணையம், சம்பந்தப்பட்ட அதிகாரிகளுக்கு சுற்றறிக்கை அனுப்ப வேண்டும். இவ்வாறு நீதிபதி உத்தரவிட்டார்.

City’s RTI activists urge TN to start portal for e-filing of applications

City’s RTI activists urge TN to start portal for e-filing of applications 

The Times Of India

TIMES NEWS NETWORK

Chennai:

Right to Information (RTI) Act activists in the city are keenly awaiting the newly elected DMK-led Tamil Nadu government to effect changes in the way the Act is implemented in the state.

For starters, activists want the state government to implement filing of RTIs through an online portal for all government departments.

The previous AIADMK-led government had implemented online filing of RTIs on a trial basis only for the Personnel and Administrative Reforms (P&AR) department. However, with a glut in applications, the portal has been forced to clarify that only applications pertaining to the department would be accepted.

In neighbouring Puducherry, RTI applications to more than 50 departments can be filed online through the Central government’s portal rtionline.gov.in.

Pavan Gandhi, an RTI activist and advocate, said that the software of the central government is available and it is not impossible to replicate it at the state level. “But the question is whether the government wants to be transparent. Online filing of RTI applications makes it easier for the applicant while physical filing is cumbersome. Reduced paperwork in the wake of Covid-19 is also good,” he said.

Veteran RTI activist V Gopalakrishnan said that state finance minister PTR Palanivel Thiagarajan, who heads the P&AR department, is an internationally noted figure and hence should bring in similar transparency measures. “We have been discussing this online filing of RTIs since 2014. When we have brought in the best economists in the world to advise our state government, why shouldn’t our technology also be advanced,” Gopalakrishnan said.

Activists also pointed out that buying a court fee stamp for ₹10, which is a pre-requisite for physical RTI applications, is cumbersome as availability is limited. “Also, many vendors charge ₹2-3 extra for the court fee stamp,” Gopalakrishnan said.

The previous AIADMK-led government had implemented online filing of RTIs on a trial basis for the Personnel and Administrative Reforms (P&AR) department

Purpose of RTI Act is to provide info in time-bound manner: HC

Purpose of RTI Act is to provide info in time-bound manner: HC

Vasantha.Kumar@timesgroup.com

Bengaluru:09.05.2021

The purpose and intent of the Right to Information (RTI) Act is not only to provide information sought for, but also to do it in a time-bound manner; any delay defeats the same. The high court made this observation while imposing a maximum penalty of Rs 25,000 on the tahsildar of Bengaluru North taluk for failing to provide information sought under the law.

“Undue delay, as in the present case where the application has been transferred after 17 months, is inexcusable. Further, there is no explanation offered by the tahsildar either before the appellate authority or this court,” Justice Suraj Govindaraj said in his order.

On May 8, 2018, the tahsildar had transferred the application seeking information to the office of Assistant Director of Land Records (ADLR), Bengaluru North taluk. The application was submitted to his office on December 16, 2016 by petitioner M Kishore Rao, a resident of Bengaluru, seeking information about certain lands.

Rao moved the high court after the Karnataka Information Commission passed an order on February 27, 2019 to close the proceedings after recording that the tahsildar had remitted Rs 5,000 penalty.

Rao claimed the tahsildar transferred his application to ADLR just before his appeal was to be heard by KIC, and there was a delay of 535 days in that process. He contended that KIC’s imposition of Rs 5,000 penalty is not in terms with section 20 of the RTI Act, which requires penalty of Rs 250 per day, subject to a maximum of Rs 25,000. Agreeing with the contention, Justice Govindaraj pointed out that if penalty is calculated at the rate of Rs 250 per day, it would shoot up to Rs 1,29,000 and since section 20 puts a maximum ceiling of Rs 25,000, the tahsildar needs to pay that amount.