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RTI ACT : GUJARAT INFORMATION COMMISSION

 

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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The notification had said that the Board of Governors that superseded the Medical Council of India (MCI) was considering inclusion of the following provisions in the regulations: “All the candidates pursuing compulsory rotating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.

What privacy? To save money, TNSTC uses papers with Aadhaar details to respond to RTI queries

What privacy? To save money, TNSTC uses papers with Aadhaar details to respond to RTI queries

Sakthivel is not the only person to have received replies to RTI queries on such sheets. RTI activist Daniel Jesudass said he too received replies from TNSTC and even the Health department on such she

Published: 20th April 2021 11:12 AM 

By S Senthil Kumar

Express News Service

COIMBATORE: Little would have TNSTC driver KP Sakthivel expected that his innocuous query would expose the callousness of the corporation in handling sensitive information of its employees and members of the public.

Sakthivel, deputy general secretary of the Tamil Nadu Transport Uniformed Employees Union, said he had filed a query under RTI Act seeking details of his service record. To his shock he received a reply from the Assistant Manager of Employees and Salary Section on a one-side paper, the reverse of which had Aadhaar details. "The TNSTC is operating under loss and is trying to minimise expenses. But this is not the way to do it. Using photocopy sheets of important documents like Aadhaar in this manner is unacceptable," Sakthivel told The New Indian Express on Monday.

According to sources,  staff of TNSTC are given the privilege of availing free travel for their families up to a prescribed kilometer limit once in a year. For this, they must produce Aadhaar details of family members. Besides, kin of employees seeking employment on compassionate grounds, employees filing IT returns, and members of the public, especially Persons With Disabilities, are required to produce Aadhaar details.

The TNSTC administration, it appears, has been using photocopies of Aadhaar as stationery. "This shows the callous attitude of TNSTC officials since there is a high chance that the Aadhaar information could be misused by anti-social elements. Last year, the State Information Commissioner Tamil Kumar warned TNSTC not to use photocopy sheets of Aadhaar as stationery, but the corporation is continuing the practice," Sakthivel said, adding, "The public information officer (PIO) of TNSTC should take responsibility for the gaffe and instruct officers working under him not to repeat it,"

Sakthivel is not the only person to have received replies to RTI queries on such sheets. RTI activist Daniel Jesudass said he too received replies from TNSTC and even the Health department on such sheets.

"TNSTC officials recently replied to my RTI query. It was on the reverse of letters sent by passengers and employees pointing out some issues. The TNSTC is procuring pen and paper for lakhs of rupees every month. Instead of using that they resort to such cheap practices. I suspect they are fudging the stationery purchase accounts," Jesudass said.

When contacted, Anbu Abraham Managing Director of TNSTC Coimbatore division, said that he will look into the issue and take steps to avoid such incidents from recurring in future.

RTI info over 200+ pages? File another plea

RTI info over 200+ pages? File another plea

Banaskantha DDO Issues Circular Including ‘No Prejudice’ Clause

Paul John@timesgroup.com

Ahmedabad:10.02.2021

If you are in Banaskantha and the information you sought under RTI runs into more than 200 pages, you will have to file another application. You will also need to ensure that the public information officer does not “perceive” you are filing the plea to satisfy a grudge, or your RTI plea could be rejected.

These are just two of the fivepoint mantra issued by the Banaskantha district development officer that threatens to weaken the right of Gujarat’s citizens to know about government affairs. Coming on the heels of the Gujarat Information Commissioner’s controversial decision to impose a lifetime ban on a whistleblower from Amreli and ban three members of a family from filing RTI pleas for five years, these clauses in the circular have further alarmed RTI activists.

On February 2, Banaskantha DDO Ajay Dahiya issued a 27-point circular to all departments including five ‘controversial’ clauses that have raised eyebrows. These clauses bar the PIOs from parting with information if the PIO “deciphers” that the applicant, who has filed the plea, holds a grudge.

The circular also imposes a 200-page restriction. If an RTI applicant seeks copies of an officers’ property or tax returns, copies of charge sheets, show cause and warning notices, records related to conducting disciplinary action or annual confidential reports -- these will now be denied, too. For this, Dahiya has asked PIOs to rely on Supreme Court orders related to cases SLP 22609/2012 and SLP 27734/ 2012 to reject any such information sought under RTI Act. P 2

‘Attack on participatory democracy’

Bnaskantha DDO Ajay Dahiya's circular also stalled the transfer of an RTI application.

So, if information sought is not available with a particular department, the plea will not be transferred to the concerned department.

Instead, a fresh RTI application will have to be filed. “Our deputy DDO Harshad Makwana had prepared the circular with adequate legal citation. You may discuss with him for more details,” said DDO Dahiya who chose to stay away from commenting on the rationale behind including the controversial clauses. The DDO’s circular is an attack on participatory democracy, said Pankti Jog of Mahiti Adhikar Gujarat Pahel. “Information regarding misappropriation of social security scheme payments, food ration, farmers enquiring into farm disputes, can all be denied with this single circular,” Jog said.

Lifetime RTI ban imposed on whistleblower from Amreli

Lifetime RTI ban imposed on whistleblower from Amreli

‘Cantankerous Approach’ Cited To Negate Right

Ashish.Chauhan@timesgroup.com

Ahmedabad:30.01.2021

The Gujarat information commissioner delivered a serious blow to the Right to Information Act by imposing a lifetime ban on an Amreli man, who has exposed several scams in GSRTC through his applications. In what is probably the first-of-its-kind verdict in the country, the commissioner cited the applicant’s ‘cantankerous approach’ as a reason for taking away his right to know about government affairs -- a fundamental right guaranteed to him under Article 19 of the Constitution.

The commissioner also stated that applicant Manoj Sarpadadia had ‘tried to harass the authorities’.

Sarpadadia, a 46-year-old from Savarkundla, is a bus conductor with Gujarat State Road Transport Corporation (GSRTC). He had been suspended in March 2017 after he allegedly siphoned off money by not issuing tickets to passengers.

He has so far filed 170 RTI applications from 2017 to 2020 regarding alleged irregularities in GSRTC as well as departmental action taken against corrupt employees.

Sarpadadia had on September 12, 2019 filed an RTI plea seeking minutes of GSRTC’s vigilance meeting held in connection with an irregularity practised by an employee.

However, Gujarat information commissioner Ramesh Karia observed that Sarpadadia’s act of filing RTI creates nuisance and disturbance for the state authorities and he has been filing the pleas to take vengeance.

"Commission feels that applicant has a cantankerous approach and he is an applicant who creates constant nuisance and disturbance for the state authorities. This has been reflected in the long lists of his RTI applications where it seems that an employee has been trying to make mockery of his institution by seeking irrelevant information under RTI just because he is aggrieved and wants to take revenge," states an order issued by Karia on December 12, 2020, a copy of which was obtained by Sarpadadia on Monday.

The order also mentions that Sarpadadia has been making mockery of RTI Act. "Sarpadadia has not sought any information which seems relevant with the motto of the act as mentioned in its preamble. The preamble of the Act puts stress on fixing accountability of government officers but this applicant has been acting in such a way that he seems to be putting pressure of government employees," it adds.

Sarpadadia told TOI, “I was suspended wrongfully because I had raised objections against corruption in the ST. However, this gave me time to file RTIs and expose corruption in GSRTC, but they have taken away that right, too.”

RTI applicant must disclose his interest in seeking info: Delhi HC

RTI applicant must disclose his interest in seeking info: Delhi HC

Abhinav.Garg@timesgroup.com

New Delhi:  17.01.2021

The Delhi high court has held that an RTI applicant seeking information should disclose his/her interest in it to prevent a “roving and fishing enquiry”.

Justice Pratibha M Singh, in a recent order, upheld the order of the Central Information Commission to deny material sought by an applicant under the Right to Information Act about appointments to a particular position at President’s Estate in Rashtrapati Bhavan.

“This court is of the opinion that whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons whose information is sought,” the court noted, while also slapping a cost of ₹25,000 on the applicant, Har Kishan. In his plea, Har Kishan had sought information that included, among others, the complete residential address and father’s name of all selected candidates who had been appointed to the post of multitasking staff, alleging irregularities.

‘Petitioner didn’t disclose his kin had sought job’

Later a probe was carried out that showed 10 candidates obtained jobs on the basis of fake certificates, and their appointments were terminated, but President’s Estate refused to furnish the details sought in the RTI.

During the hearing of Har Kishan’s appeal against the CIC order, the HC found that his daughter had also applied for appointment, which he didn’t mention. He also hid the fact that he had himself worked at President’s Estate on an ad-hoc basis.

“The seeking of the above information, especially after the petitioner’s daughter did not obtain employment, clearly points to some ulterior motives,” the court observed.

It pointed out that even otherwise “the information sought in respect of the names of the fathers and residential addresses of the candidates is completely invasive”.

On 15th anniv of RTI Act, report card shows massive backlog

On 15th anniv of RTI Act, report card shows massive backlog

Ambika Pandit@timesgroup.com

New Delhi:12.10.2020

A report card on the performance of the Information Commissions in India shows that over 2.21 lakh appeals and complaints were pending as on July 31 in 20 information commissions. What is more worrying is that 9 out of 29 information commissions (31%) are functioning without a chief information commissioner. Even the Central Information Commission has been without a chief since August 27 this year.

Currently, the CIC is functioning with only five commissioners as besides the post of the chief, five posts of commissioners are also vacant. The backlog of appeals/complaints has been steadily increasing and currently stands at more than 36,500 cases in case of CIC, says a report by voluntary organisation Satark Nagrik Sangathan and Centre for Equity Studies. It is pointed that the State Information Commissions of Jharkhand and Tripura are defunct in the absence of any information commissioners. Monday marks 15 years since the implementation of the Right to Information Act. The report shows that 1,78,749 appeals and complaints were registered between April 1, 2019, and July 31, 2020 by 21 information commissions. During the same time period, nearly two lakh cases (1,92,872) were disposed of by 22 commissions for whom information could be obtained. When TOI sought a response on appointments and pendency, a senior govt functionary said that the process of appointment of the Central Information Commissioner (CIC) and ICs is in the conclusive stages. The PM-led selection committee had met on October 7 to consider the names recommended by the search committee for the posts of CIC and five vacant IC posts. However, the meeting was inconclusive and a second round of meeting is expected soon.

What is more worrying is that 9 out of 29 information commissions are functioning without a chief information commissioner. The Central Information Commission has been without a chief since August 27 this year

Officials denying info under RTI Act must be sacked, says HC

Officials denying info under RTI Act must be sacked, says HC

TIMES NEWS NETWORK

Chennai:08.09.2020

Public information officers (PIOs) who refuse to provide details sought under the Right To Information (RTI) Act must be shown the door, said the Madras high court on Monday.

Justice S Vaidyanathan, who made the observations, also directed the Tamil Nadu government to issue a circular to all its departments, public sector units and corporations warning PIOs about the legal consequences of not furnishing information under the Act.

“Nowadays, officials adopt the tactic of answering mechanically that the information sought is exempted under the Act, without actually ascertaining whether the information sought falls within the ambit of the said provision,” the judge said. “Such officers must be taught a lesson, and, in my view, they are unfit to hold the post of public information officer. They should be shown the door, so that it will be a lesson for other officers to act in accordance with the terms of the act, failing which they may also face similar or more serious consequences,” said Justice Vaidyanathan.

The judge passed the order while dismissing an appeal moved by Tamil Nadu Public Service Commission (TNPSC) challenging the order passed by the Tamil Nadu Information Commission (TNIC). The issue pertains to an RTI application of P Muthian, a retired deputy collector, seeking information on vacancies in state government service for 2006, 2007 and 2008 and seats allotted to the backward community, particularly to muthuraja, muthriyar, ambalakarar and vanniya kula shatriar subcastes. Since TNPSC refused to provide the info, he had moved the TNIC, which passed an order in 2009 directing the TNPSC to give the information sought.

Justice Vaidyanathan said: “The apex court has held that even the office of chief justice will come under the purview of RTI Act, by observing that transparency does not undermine judicial freedom.”

PM CARES not within the ambit of RTI Act: PMO

PM CARES not within the ambit of RTI Act: PMO

Fund is not public authority, says reply

31/05/2020, PRISCILLA JEBARAJ,NEW DELHI

The fund was set up to accept donations for relief measures during the pandemic.

The Prime Minister's Office (PMO) has refused to disclose details on the creation and operation of the PM CARES Fund, telling an RTI applicant that the fund is “not a public authority” within the ambit of the RTI Act, 2005.

The Prime Minister’s Citizen Assistance and Relief in Emergency Situations (PM CARES) Fund accepts donations and provides relief during the COVID-19 pandemic, and other similar emergencies.

Sri Harsha Kandukuri, a law student, filed an RTI request on April 1, asking the PMO to provide the Fund’s trust deed and all government orders, notifications and circulars relating to its creation and operation.

“PM CARES Fund is not a Public Authority under the ambit of Section 2(h) of the RTI Act, 2005. However, relevant information in respect of PM CARES Fund may be seen on the Website pmcares.gov.in,” the reply said.

Another RTI request on the issue, filed by activist Vikrant Togad, had also been refused in April citing a Supreme Court (SC) observation that “indiscriminate and impractical demands under RTI Act for disclosure of all and sundry information would be counterproductive”.