Friday, June 11, 2010

Man on Footpath

It's a lovely Friday morning & I was going to office. I saw an elderly man lying on the footpath at Nehru camp area on NH-24. I stopped the car and went to him, he was unconscious. I tried waking him up, he's not responding much. A few people started gathering, including two kids. I asked one boy to bring some water & fruits for the old man. After drinking some water he was able to respond, but he couldn't tell us any whereabouts of him. The people around told me that he's lying there of last 2-3 days. I tried searching his pockets for any contact no. or address but there's nothing. I just could know his name, which was tattooed on his arm, he was "Ramsen".




He's lying there for last 2-3 days & he must not have taken any food, he would have died lying there. I then called the ambulance by calling 102. I was pleasantly surprised by their service, they reached in 15 minutes flat. The ambulance then took Mr. Ramsen to LNJP hospital, they took my name & no. for their records.

What I Lost : 35 minutes, two phone calls, less than 50 rupees

What I got : LOTS n LOTS of Satisfaction




What I expect from the readers : All of us can afford to give few minutes of our precious time for similar such acts. But we choose to ignore, by giving lame excuses like :
  • "We don't have time";
  • "Saala pee ke pada hoga"
  • "Police ka chakkad pad jayega" etc.
But believe me try doing this once & feel the satisfaction. You would get addicted to it.

Saturday, February 6, 2010

Right To Information Act - The Insect Killer



My last post was on 5th Jan and since then I was thinking what to write. As a common man what can we do against corrupt officials & politicians, except writing blogs & showing our anger on social networking sites. Does that actually helps? I got a good response on WattLagaDo, people appreciated the effort, wrote comments, but what next. Will it die its natural death?

Like most of us I am also busy with my work; from 7am to 10pm I am either working or travelling to-fro my office. Most of us work for 12-15 hours a day, pay 1/3rd of our salary as Tax, just to see that these corrupt people are hogging Maximum Chunk of our tax money away, enjoying life & ALSO bullying on us. Can you do this to your employer? just try this : DO NOT do any work for a week, Shut him up whenever he tries to speak & Still take the salary & Demand Incentive / Appraisal......hah! talking about a week, we cannot do it for a single Day. So how come we are allowing Corrupt people to grow around us.


These are parasites and must be crushed. And when I am saying parasites, it means they are really really small but large in number. We just need to start using our insect killers & yes all of us have to do it. If we do it together it would work Faster & Better. The insect killer available with us is RTI (Right to Information Act). Let's start using this, more we use it, more insects would be killed. The method of using this SUPER EFFECTIVE Insect killer is listed below.


Right to Information Act - How to Use it
You face a variety of problems with the government departments, police, educational institutions, passport offices, PWD, municipality, etc.
  • You have some pending work with a department and they are not doing it.
  • They are expecting or demanding a bribe.
  • You submitted a grievance but they are simply not acting on it.
  • You made a complaint against any wrongdoing, but without any result.
  • A decision was taken that affected you but you were not provided any reason.
  • You company did some government work but they are not releasing your payment.

You can use the Right to Information Act, 2005 to overcome such problems. File a request for that information which will make government officers uncomfortable or expose their corruption. Usually, this forces them to act and do your work first & then report a positive status so that you may be kept in good humour. How can they make you unhappy when you hold the key to their career!

Have you ever thought
  • Why are the streets and colonies so dirty?
  • Why are manhole covers or footpath slabs over sewer lines missing, posing danger to life?
  • Why are the roads in your area in such a pathetic condition?
  • Why are people dying of starvation in various parts of the country?
  • Why are still so many people forced to live in abject poverty?
  • Why your local municipality does so little and always claims that they have no funds?
  • Why your local ration shop never has any ration?
  • Why there is never any doctor or medicines at the government hospital?
  • Where have all the teachers in the government schools gone?

Some of us feel that we need good politicians and good bureaucrats. However, real change can come only when the people of this country have the power to hold their governments accountable. When that happens, no government or politician would dare to be corrupt, inefficient or insensitive.

How do we hold the government accountable
To make the government accountable, we need information regarding government decisions and how exactly it functions.

The Right to Information Act empowers us to do just that. It gives us the right to obtain information from the government about matters that affect us in thousands of ways. Used innovatively, such information could lead to exposure of corruption and inaction, and make the government responsive and accountable.

The government spends so much money on various works in your area. You may and should ask for the details of all the works carried out by the municipal body in your area. How much money was spent? On what works was it spent? Similar information was asked by people all over the country since October 2005. When the information was physically verified, it turned out that a number of works existed only on paper. Won’t you like to hold the government similarly accountable in your area, city and state?

Under the RTI Act, you can demand the following from any government body:

  • photocopies of most documents, records, file notings, correspondence, tenders, contracts, payments, estimates, measurements of engineering works, etc.
  • inspection of documents - books, registers, files, drawings, records - absolutely anything
  • samples of material used in the construction of roads, drains, buildings, etc.
  • inspection of any under-construction or completed work done by the government
  • the status of your complaints, requests, applications, etc.

Introduction of RTI for beginners

THE PURPOSE OF THE "RIGHT TO INFORMATION ACT, 2005"
The RTI Act came into force on 12th October 2005. It’s purpose is to ensure that the public has access to information which is under the control of various government authorities. It is designed to promote transparency and accountability in the working of every government department or institution at both central and state levels. This Act overrides and has supremacy over the Official Secrets Act 1923, where applicable.
WHAT IS INFORMATION
Information means any material in any form, including records, documents, manuscripts, memos, emails, opinions, advices, file notings, press releases, circulars, orders, logbooks, contracts, reports, papers, samples and models. Also data held in any electronic form such as fax, microfilm, microfiche, etc.
  1. You can take certified copies of documents, notes, extracts, contracts, CD, etc.
  2. Inspect documents and records at government offices.
  3. Inspect works such as quality, length and width of roads.
  4. Take certified samples of materials, e.g., polluted water, road material, cement.
  5. Seek information in a format of your choosing.

Some of the information is exempt from disclosure. See a later section below.

It is important to know how you obtain information and what does NOT come within the definition of information. Please carefully read the chapter "How to frame queries".

COVERAGE AND APPLICABILITY
Any authority, body, institution, department, panchayat, etc. which is a part of the government is covered. NGOs and corporate bodies which are substantially financed directly or indirectly by the government are also covered. All such bodies are referred to as a “Public Authority” in the Act.

Certain intelligence and security organizations are exempt from providing information (see the Second Schedule of the Bare Act). However, information pertaining to corruption and violation of human rights in these organizations is not exempt.

The Act applies to the whole of India with the exception of Jammu and Kashmir. NRIs can also apply for information through respective embassies and high commissions (need some reader to elaborate on the procedure for paying fee).

OBLIGATIONS OF PUBLIC AUTHORITIES
Besides providing you information upon request, Public Authorities are required to publish information under 17 heads and keep them regularly updated. You don't have to ask for this information. It should be there on the website, in their offices, on the notice boards, etc. Please see Section 4(1)(b) of the Act.
PUBLIC INFORMATION OFFICERS (PIOs)
You must apply to a Public Information Officer (PIO) to obtain information from any Public Authority. This person does not necessarily have to be in the same office where the information exists. He may be in any part of the country.

Every Public Authority is supposed to appoint at least one PIO to provide information to citizens. Normally, the PIO is a middle-ranking officer who is holding charge of many other functions, besides the responsibility to provide information.

There is also supposed to be an Assistant PIO (“APIO”) at each sub-district level (tehsil). His job is to receive your application for information or appeal and forward it within 5 days to the concerned PIO, Appellate Authority or Central/ State Information Commission. Also, many post offices receive your RTI applications and forward to the concerned Public Authorities of the central government.

A PIO may, from time to time, require the assistance of other officers in his department. If the other officers do not assist the PIO, they will be held liable and can be penalized in place of the PIO.

APPLYING FOR INFORMATION
  1. Visit "Introduction to RTI for Beginners" for detailed guidance.
  2. You are not required to give any reason for asking for the information.
  3. You are not required to give personal details. Only contact details are sufficient.
  4. You must be a citizen of India, but you are not required to give any proof.
  5. There are contradictory decisions and views whether only individual citizens can ask for information, or whether Corporates, NGOs and institutions can also apply. We suggest that you use the letter head of your organization but show yourself as "Applicant - Ramesh" and sign accordingly at the bottom.
FEES
  1. Fee payable at the time of submitting your application is chargeable on "per application" basis. You can seek any amount of information in a single application.
  2. For central Public Authorities, the fee payable is Rs.10 at the time of submitting application.
  3. For states, it varies from state to state. The maximum specified by any state is Rs.50.
  4. No fee at any stage is payable if the applicant belongs to “Below Poverty Line” category.
  5. The following further charges apply in the case of central government Public Authorities:
    1. Rs.2 for each page created or copied or photocopied upto A3 size.
    2. Actual charge for larger sizes.
    3. Actual cost/price for samples and models, and published material at the price fixed.
    4. Rs.50 for each CD, floppy disk or other similar media.
    5. For inspection of records, no fee for the first hour. Rs.5 for each subsequent hour.
  6. State governments have prescribed their own charges. Some are outrageously high. For example, for Haryana and Punjab, the charge for each page is Rs.10.
  7. If the PIO exceeds time limit, information will be given free of charge to you, no matter how high the cost is.
HOW DOES A "PIO" PROCESS YOUR APPLICATION
  1. There are several possible scenarios:
    1. The PIO gives/communicates the information to you within 30 days.
    2. The PIO is entitled to a short extension of time. (See “Time Limits”)
    3. The PIO rejects your request because information is exempt from disclosure. Or, he rejects part of your application & gives you only partial information. You may appeal.
    4. The PIO does not give you the information within the time limit. He will be deemed to have refused your request for information.
    5. The PIO gives you vague, evasive or partial information.
    6. The PIO discovers that jurisdiction for the whole or some part of the information lies with another Public Authority. He will transfer this part to another Public Authority and intimate to you about the transfer within 5 days. The PIO is still responsible for the rest of the information. For the transferred part, the PIO of another Public Authority has to give you information within 30 days from the date of transfer.
      In a decision, the Central Information Commission has clarified that a PIO cannot forward an application within his own department to another PIO. The PIO to whom the application is marked has to collect information from within his department and provide it to you.
    7. Information is about a third party and the PIO needs time. See section “Third Party”.
  2. PIO shall ordinarily provide information in the requested form/format.
  3. Where a request has been rejected in whole or in part, the PIO shall communicate to you
    1. the reasons for rejection/decision
    2. the period within which you may make an appeal, and
    3. the particulars of the appellate authority
TIME LIMITS
  1. PIO shall provide information or reject your request for information within 30 days.
  2. Information concerning the life or liberty of a person has to be provided within 48 hours – even on holidays.
  3. When submitting an application with Assistant PIO, add 5 days.
  4. When application is transferred from one Public Authority to another, add 5 days.
  5. If the PIO fails to give a decision in time, he shall be deemed to have refused the request.
    Refusal is different from rejection. PIO has the right to reject, but he cannot refuse.
  6. First appeal may be made within 30 days. More time may be given on reasonable grounds. This appeal shall be disposed of within 30 days. The first appellate authority may take upto 45 days but has to record the reason for delay in its decision.
  7. Second appeal may be made within 90 days. More time may be given on reasonable grounds.
  8. No time limit is specified to file a complaint with the Commission, however, it should be filed within 90 days at most.
  9. There is no time limit prescribed for the commission to give its decision.
  10. Where further fee is payable, intervening period between intimation by the PIO and receipt of fee by him will be added to the applicable time limit.
  11. In cases of human rights violation where the Commission’s approval is necessary, the information will be supplied within 45 days.
  12. Where the interests of third party are involved and there is no objection by the third party after being heard, the information will be provided within 40 days.
  13. If the third party objects, then the third party will go through standard appeals process. It is not clear how long you should wait for information in such cases but it is suggested that you wait for no more than 40 days + 10 days for postal transit time.
  14. Remember that if the PIO exceeds time limit, information will be given free of charge to you, no matter how high the cost is.
THIRD PARTY
  1. If the information sought concerns the interests of a third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
  2. Third party shall be given 10 days to make a representation before the PIO.
  3. The PIO shall, within 40 days of application and after giving the third party an opportunity of being heard, make a decision whether or not to disclose information and give in writing the notice of his decision to third party. The third party may appeal against the decision, and standard appeals procedures shall be followed. Until all these procedures are completed, information cannot be given to you. Time taken by such procedures shall be added onto the time limit of 40 days.
INFORMATION WHICH CANNOT BE DISCLOSED
  1. Information which could affect the sovereignty, integrity, security, strategic, scientific or economic interests of the country, or relations with foreign State.
  2. Information which could lead to incitement of an offence.
  3. Information the disclosure of which may constitute contempt of court.
  4. Information the disclosure of which would cause a breach of privilege of Parliament or State Legislature.
  5. Information regarding commercial confidence, trade secrets, intellectual property rights, etc.
  6. Information, the disclosure of which would endanger the life or safety of any person.
  7. Information which would impede investigation or apprehension or prosecution of offenders.
  8. Information available to a person in his fiduciary relationship.
  9. Cabinet papers generated during the process of making a decision cannot be disclosed until the decision has been taken.
  10. Personal information which would cause unwarranted invasion of the privacy of the individual unless the PIO is satisfied of the larger public interest. However, any information which cannot be denied to parliament or state legislature shall not be denied to you.

NOTES

  1. Regardless of the above, PIO may allow access if public interest outweighs harm to protected interests.
  2. Any 20 year old information shall be open for access except in certain cases.
APPEALS
  1. There are two levels of appeal: the First appeal, and the Second appeal.
  2. If you receive no information or you are not satisfied with the information, you may prefer first appeal within 30 days.
  3. First appellate authority shall be a designated officer senior in rank to the concerned PIO in the concerned department. His/her name is usually posted on the same website/notice-board/document where the details of PIOs are posted.
  4. In appeal proceedings, the onus to prove that a denial was justified shall be on the PIO.
  5. First appeal shall be decided within 30 days. Appellate Authority may take upto 45 days but he has to record reasons for the delay in his decision.
  6. First appeal may be preferred in writing on a plain paper and should include:
    1. name/designation and address of the first appellate authority
    2. your name and contact details
    3. concerned PIO’s name and designation
    4. application ID no. and/or fee receipt no. issued at the time of applying, if any
    5. photocopy of the application form - don't enclose enclosures if they are too many
    6. photocopy of the rejection letter or reply, if available
    7. detailed “grounds of appeal”
    8. “reliefs sought” – a list of your demands/requests to the first appellate authority
  7. If the first appeal is partially or fully dismissed, you may prefer a second appeal which lies with the Commission within 90. More time may be admitted on reasonable grounds.

NOTE: Apart from Second appeal, there is another avenue open to you, namely, Complaint to the Information Commission. Differences between the Second appeal and the Complaint may be confusing because of many overlapping provisions, but the litmus test lies in asking yourself one simple question: Has the PIO replied to me? If yes, take the first appeal route followed by second appeal. If he hasn't replied at all within the time limit, file a complaint. For all other grievances also, file a grievances. An indicative list of grievances is enumerated below:

  1. PIO, APIO or FAA have not been appointed by public authority.
  2. They refuse to receive your application or appeal.
  3. No reply is received from the PIO or FAA within time limit.
  4. PIO or APIO are not accessible in person or by post and their whereabouts are not easily available.
  5. Proactive disclosures under section 4(1)(b) have not been made or they are not publicly available or accessible.
  6. PIO or FAA do not cooperate reasonably during inspection.
  7. PIO, FAA or any other person directly or indirectly intimidate or ill-treat or pressurize you.
  8. PIO or FAA disobey orders of the Information Commission.
  9. Any other situation where you have been wrongly restrained from accessing information to which you are entitled.
  10. Any other violation of provisions of the Act by the public authority, PIO or FAA.
  1. No time limit has been set in the Act for the disposal of appeal/complaint with the Information Commission.
  2. The decision of the Commission shall be binding. However, you are always at liberty to approach a High Court with a writ petition.
  3. In its decision, the Commission may impose a penalty of Rs.250 for each day’s delay on the PIO, subject to an upper limit of Rs.25,000.
  4. The Commission may order the Public Authority to compensate you.
"RULES"
In addition to the law (Act) enacted by the Parliament, certain Rules are needed to be framed in order to carry out the provisions of the RTI Act. All such competent authorities have framed rules.
  1. The Central Government has framed rules which are required to be followed by all organizations which come under the central government's jurisdiction, regardless of the actual location of the organization.
  2. The State Governments frame rules which are followed by state government organizations.
  3. The High Courts and the Supreme Court frame their own rules.
  4. All state Legislative Assemblies and Legislative Councils also frame their own rules.
  5. The President and the Governors/Administrators.

It is because of this power to frame rules that we have different fee in different states.

CENTRAL AND STATE INFORMATION COMMISSIONS
  1. Throughout this website, we refer to both Central Information Commission and State Information Commission as just “Commission(s)”.
  2. Central Information Commission is for central government matters, whereas State Information Commissions are for state government cases. These are independent bodies. No appeal against a decision of a State Commission lies with the Central Commission.
  3. Each Commission has one Chief Information Commissioner and upto ten Information Commissioners. They are the people of eminence, and cannot pursue any other profession. H.O. of Central Commission is in Delhi. Head offices of the State Information Commissions are likely to be in their capital cities.
  4. Commissions can receive and inquire into complaints where:
    1. PIO has not been appointed, or the Assistant PIO has refused to accept an application
    2. information is not given, or is incomplete, misleading, or false
    3. time limits are not met
    4. amount of fee is seen as unreasonable
    5. in respect of any other matter relating to RTI
  5. Commissions shall have the same powers as a civil court. They can
    1. summon persons, compel them to give evidence and produce documents or things
    2. require the discovery of documents
    3. examine any record of a Public Authority including records which are exempt from disclosure
  6. Burden of proving that he acted reasonably and diligently shall be on the PIO.
  7. If a PIO fails persistently in his duties, the Commission can recommend disciplinary action.
  8. Commissions shall prepare a comprehensive and exhaustive report on the implementation of this Act every year. This report would include detailed statistics.
  9. Commissions can recommend measures for reforms in general or in respect of particular Public Authorities in order that RTI can be properly operated.

Step By Step RTI Procedures

Process Flow Chart






















STEP 1 - RESEARCH or COMPLAIN
Before you file an RTI application, you must thoroughly explore the content on the website of the concerned Public Authority. There, you may find the information you desire. This will save you and and the PIO a lot of trouble and money.

You may want to start by filing a complaint about your grievance, and then follow it up after about 10-15 days with an RTI application seeking details of the action taken on it.
STEP 2 - FILING AN RTI APPLICATION
Citizens normally take to the RTI route after exhausting all other avenues. The RTI journey begins with filing an application. It is filed under section 6(1) but you don't have to mention this section.
Format
  1. You can apply on a plain paper or on a letter head in English, Hindi or local language.
  2. You may also choose to use the form designed by us. Click to download or go to the Downloads section.
  3. The RTI Act says that you can apply electronically but you should ignore that provision because there are many practical difficulties, least of all the problem with paying the fee.
Finding the right PIO
  1. Visit the website of the Public Authority for the name, designation and address of the correct PIO. Look for "RTI" or "Right to Information" link or icon.
  2. Also visit http://rti.gov.in. Many central government departments are listed on this website.
  3. Visit the official portal of the state government and the State Information Commission. You may find PIO details of many departments there.
  4. Visit the local office of the concerned Public Authority and try to obtain PIO details.
  5. If you can't find RTI link on the website of the concerned department, learn to use Google's advanced search facility. This will unearth hidden and deep-buried content on the website. For example, type the following in Google's search box:-

"right to information" site:http://www.sitename.com
OR, rti site:http://www.sitename.com

  1. If there are multiple PIOs in a department and you are not sure who is the right one, just send your application to any one and he will either collect and provide you the information himself or forward it to the right PIO under intimation to you.
  2. In case the Public Authority has not appointed a PIO or you are unable to find one in spite of your best efforts, prepare your application addressed to the "Public Information Officer". Write a covering letter addressed to the head of the department, requesting him to forward it to the PIO. Address the envelope to the head of the department and send it by Regd./Speed Post so that it gets accepted at the other end.
Fee
  1. Your application must be accompanied by fee. For details of fee structure for different States and the Centre, please visit "Fees, Rules, Commissions".
  2. On the above page, you will also find the mode of payment for different States and the Centre.
  3. If you are paying by postal order, make sure that you write in your application as follows - "I am leaving the 'pay to' field blank. Please fill it in yourself."
Submitting application
  1. The easiest method of submitting an application is through Registered or Speed Post accompanied by Postal Order. Don't use a courier because it is not a legally acceptable proof of delivery.
  2. Second easiest method is to submit it at a Post Office and pay the fee in cash. Many post offices across the country act as APIOs for most of the central government Public Authorities.
  3. The last method is to go to the offices of the Public Authority and meet either the PIO or the APIO and deposit your application along with the appropriate fee either in cash or through postal order. Often, there is a desk or a clerk deputed for the purpose of receiving such applications. Do obtain acknowledgment on the photocopy of the application together with a receipt for the fee.
STEP 3 - PIO WRITES TO YOU / OR HE DOESN'T REPLY AT ALL
The PIO replies to you under section 7(1). He may write to you in a number of ways. He may provide you the information, provide you partial information, reject your application on valid or invalid grounds or ask for deposit of further fee. Some of the key scenarios are explained below.
Application transferred
  1. If the transfer is justified, simply wait for information.
  2. If the transfer is not done within 5 days, file a complaint under section 18 with the Information Commission.
Citizenship proof demanded
  1. File another RTI application before the same PIO and request information as to the number of applications received by him since he became a PIO, the number of cases in which he demanded proof of citizenship and the reasons for demanding proof of citizenship in each case.
  2. Also file a complaint under section 18 with the Information Commission.
  3. If the information is of urgent nature, you may submit proof of citizenship but also lodge complaint under section 18. To avoid vindictiveness on the part of the PIO, the RTI application mentioned at point 1 may be filed on behalf of a friend.
No reply
  1. If no reply is received within 40 days, prefer first appeal.
  2. Also file a complaint under section 18 with the Information Commission.
Partial information supplied
  1. If you are not satisfied, go for first appeal.
  2. If partial information is supplied and fee is demanded for the rest, you can either pay or prefer an appeal.
Demand for further fee
  1. If the PIO demands further fee, he has to
    1. show complete calculation as to how he arrived at this figure
    2. state that you have the right to review of fee
    3. advise you the name, designation and address of the person before whom you can request a review
    4. tell you the process and time frame for review of the fee
  2. You should normally pay fee within 15 days.
  3. In case of any grievance, you can prefer first appeal against the fee or against the reply itself.
Incorrect information supplied
  1. Prefer first appeal.
Correct and comprehensive info provided
  1. Write a letter of thanks to the PIO as a matter of courtesy. You may also need his service/assistance later in life.
STEP 4a - PREFERRING FIRST APPEAL
First appeal is preferred under section 19(1).
Important points to remember
  1. Always give the benefit of doubt to the PIO and wait for extra 10 days to allow for the transit time. Governments work slowly.
  2. Write your preliminary comments as well as para-wise comments on the reply of the PIO. That makes it easier for the Appellate Authority (AA) to deal with your appeal.
Finding the right Appellate Authority (AA)
  1. If the PIO has sent you any communication, he may have included the details of the first AA. He is duty bound to include this information if he has rejected part or whole of your request.
  2. Or, visit the website of the Public Authority for the name, designation and address of the correct AA.
  3. Also visit http://rti.gov.in. Many central government departments are listed on this website.
  4. If there are multiple AAs and you are not sure which one is correct AA for you, just send it to any one. He will either deal with your appeal himself or forward it to the right AA under intimation to you.
  5. In case you don't find any AA at all, send the appeal addressed to the "First Appellate Authority" with a covering letter addressed to the PIO, telling him that since he has not provided the details of the AA, he can forward it to the correct AA.
Format
  1. You can apply on a plain paper or on a letter head in English, Hindi or local language.
  2. You may also choose to use the form designed by us. Click to download or go to the Downloads section.
  3. You may email first appeal together with enclosures in scanned format. Mark a copy to rti@nyayabhoomi.org so that there is a record that it was actually sent..
Suggested "Relief Sought"
  1. The information sought be provided immediately free of cost.
  2. Compensation be provided for not supplying me information within the prescribed time limit.
  3. Disciplinary action be initiated against erring officers for not complying with the law.
Fee
  1. There is no fee for first appeal.
  2. Many states have prescribed a nominal fee for first appeal. This is illegal and should be challenged in the respective High Court.
Submitting appeal
  1. The easiest method of submitting an appeal is through Registered or Speed Post. Don't use a courier because it is not a legally acceptable proof of delivery.
  2. Or, go to the offices of the Public Authority and deposit it. Do obtain acknowledgment on the photocopy of the appeal.
STEP 4b - LODGING COMPLAINT WITH THE CENTRAL/STATE INFORMATION COMM.
  1. A cause may arise at any point in the whole process of using the RTI.
  2. There is no prescribed format for lodging a complaint, but we strongly recommend that you use the template designed by us. Click to download here. This is similar to the format for second appeal but certain unnecessary portions have been discarded.
  3. Follow all steps described for preferring 2nd appeal, subsequent hearing, decision, etc.
STEP 5 - HEARING IN FIRST APPEAL
  1. Some AAs may call you for a hearing, whilst many other do not. If you do not attend the hearing, a decision will be given in your absence on the basis of documents/merit.
  2. If you go for a hearing, take all relevant documents with you.
  3. Do not come under pressure to withdraw any part of the application or appeal.
  4. Remember that AA is the boss of the PIO and both are likely to be well-wishers of each other.
  5. Try to avoid bringing your grievance into the picture. Focus on the technical and legal points and the information you have sought. If, however, you feel that the hearing is an opportunity to get your grievance resolved or get justice, use the opportunity. Remember that the AA is a fairly senior person in that department and carries a lot of influence who can get your grievance resolved.
  6. If the information is important but not urgent and you feel that the PIO has no vested interest in the information, be kind to him and allow him more time.
  7. Finally, what is important is the "Decision" which you may receive within 3 to 15 days.
STEP 6 - PREFERRING SECOND APPEAL IN CENTRAL/STATE INFORMATION COMM.
Second appeal is preferred under section 19(3).
Format
  1. Correct format is very important. Information Commissions are known to reject a large percentage of appeals due to their non-conformity with the format and compliance to regulations.
  2. We strongly recommend that you use the template designed by us.Click to download here. All the nonsense such as verification, certificate, double-spacing etc. are incorporated.
  3. Online filing of appeals is still at a nascent stage. We do not recommend it yet.
  4. Copy of every annexure attached to the original copy should be self-attested.
Drafting tips
  1. All PIOs and the AA will be Respondents.
  2. If there has been no response from the PIO and the AA, you must also include proof of dispatch/delivery of the application/appeal.
Suggested "Relief Sought"
  1. Complete and comprehensive information be provided to the Appellant in one batch free of cost immediately.
  2. Compensation be provided to the Appellant u/s 19(8)(b) for not supplying information within the prescribed time limit.
  3. U/s 19(8)(b), the Public Authority be ordered to reimburse the Appellant towards traveling and lodging-boarding expenses for attending the hearing.
  4. Disciplinary action be recommended against the Respondent(s) u/s 20(2).
  5. Penalty be imposed on the PIO u/s 20(1).
  6. An entry in service book/annual appraisal report of the concerned PIO & FAA be made for defying the provisions of the Act.
Where to send
  1. For all central government Public Authorities, send your appeal to the Central Information Commission. For Public Authorities of state govt., send it to respective State Information Commission.
Fee
  1. No fee is payable.
How to submit
  1. Send a copy to every Respondent.
  2. Send the original + copy to the Information Commission.
  3. No fee is payable.
STEP 7 - PURSUING INFORMATION COMMISSION FOR STATUS
  1. Almost all Information Commissions are inefficient and known to lose your files - sometimes even before your appeal gets registered.
  2. Some Information Commissions have the facility to check the status of your appeal online.
  3. You may send reminders through Registered or Speed Post every 2-3 weeks.
  4. If you are not getting any response, file an RTI application with the Information Commission and ask for the status of your appeal.
  5. Visit the Commission and check with the officials.
  6. Finally, sit on a dharna outside the Information Commission and shame the officials into giving you the status of your appeal.
STEP 8 - HEARING IN SECOND APPEAL
  1. In most cases, you will be called for a hearing which you must try to attend. If you do not attend, a decision will be given in your absence on the basis of documents/merit.
  2. If you go for the hearing, take all relevant documents with you.
  3. Some Information Commissioners may try to intimidate you. Don't be.
  4. Try to avoid bringing your grievance into the picture. Focus on the technical and legal points and the information you have sought.
  5. If the information is important but not urgent and you feel that the PIO has no vested interest in the information and has generally acted honestly and diligently, be kind to him and allow him more time.
  6. Finally, what is important is the "Decision" which you should receive within 7 to 30 days.
  7. Some Information Commissions post most of their decisions on their website. Keep checking the website to see if your decision has been posted.
STEP 9 - IF YOU DON'T GET INFORMATION EVEN AFTER COMMISSION'S ORDER
You still don't get information even after Commission's order
  1. Wait for the number days granted by the Commission to the PIO + 10 days and then write a letter to the Commission. Seek imposition of penalty and disciplinary action against the PIO.
  2. Go to the High Court of your state by way of a writ.
Not satisfied with the Commission's order
  1. Ask for a review by writing a detailed letter to the Chief Information Commission. Clarify why you think a review is necessary.
  2. Or, go to the High Court of your state.
  3. Or, plan public/people's action against the Commission, especially if the Information Commission has been clearly biased and rude and has either threatened or intimidated you.
I wish to thank http://www.nyayabhoomi.org for organizing information about RTI in such a nice and easy to understand manner. Thanks Rakeshji & all people in Nyayabhoomi.


Tuesday, January 5, 2010

Good work is Contagious



Last year I asked my wife, whether she wanna go out of station for the Christmas Holidays or wanna spend the same money for helping some needy people & make their Christmas & New Year slightly brighter. She opted for the latter & that started the new trend of celebrating Christmas & New Year in our family.

We bought blankets for all the money we were planning to spend for the out-station holiday. She prepared Rajma Chawal & then we hired a taxi ( we didn't have the car last year). We started our journey on the streets of Delhi at around 10pm. We were looking for needy people, who were sleeping either without any warm clothes or with minimal warm clothes. We didn't have the courage to even open the window of the car & we found so many people sleeping with minimal clothing, that's a very sad experience. We did whatever little we could have done. I thank God to give me the means & the thought to channelize my energy in positive direction. Year 2008 was our best Christmas & New Year celebration & we promised to each other that every year we'll celebrate it in this fashion only. We continued the trend this year. But this year's celebration is very special. This year our whole organization has contributed money & we would be distributing 100+ blankets tomorrow to a nearby slum.

Wednesday, December 30, 2009

Ruchika Case - Join Hands - It's working!!!!!

Public outcry has started showing results now.

Rathore's six-month jail sentence and Rs 1,000 fine have been suspended upto January 20, 2010.

The noose around Rathore has been tightening with the Central Bureau of Investigation lawyers are likely to meet Home Ministry officials on Wednesday to ask for reopening of the Ruchika molestation and suicide case.

Two new FIRs have been filed against Rathore and other police officials for allegedly slapping false cases against Ruchika's brother Ashu.

A public interest litigation seeking death for Rathore has also been filed

Union Law Minister Veerappa Moily says the government supports the PIL seeking death sentence for retired police officer S P S Rathore

Aradhana, staunch friend of Ruchika Girhotra, has launched an online signature campaign to garner support for reopening of her dead friend's molestation case.

"We have started a signature campaign in which we are collecting signatures of people who are in favour of reopening of the case. Besides, to associate people who are sitting at far away places, we have created an e-mail address 'joinaradhna4ruchika@gmail.com',"

Do you want to Support Ruchika ? : Do any of the following :

  • Write a Mail to Aradhana at : joinaradhna4ruchika@gmail.com
  • Pour your heart out in the Comments Section of this Post.
News & Image source : Ibnlive

Friday, December 25, 2009

Ruchika Case - Mockery of Judiciary

Hundreds came out on Thursday in support to CNN-IBN protest march to demand justice in Ruchika Girhotra molestation case. Many are upset with the verdict in the case and have raised questions over the country's judiciary system.

Experts believe it is a nauseating display of how the powerful can misuse state power.

Nineteen years ago former DGP SPS Rathore molested 14-year-old Ruchika but the court sentenced him only six months imprisonment and imposed a fine of Rs 1,000 on him....More

Source : ibnlive

Tuesday, December 22, 2009

Ruchika Case - Justice Delayed is Justice Denied



Date : Tue, Dec 22, 2009
New Delhi: Fast track justice was needed in sexual harassment cases involving minors, CPI-M MP Brinda Karat said in the Rajya Sabha on Tuesday while referring to the 1990 molestation of a 14-year-old girl for which a former Haryana director general of police (DGP) was sentenced to six months in prison.

Expressing outrage at former Haryana DGP S P S Rathore on Monday getting six months jail term for molesting the teen, who committed suicide three years later, Karat said: "A criminal who committed that crime in police uniform and escape justice for 19 years was rewarded with promotion after promotion. And, 19 years later this criminal has finally been found guilty. What is the punishment - just six months."

"And the day he was convicted, he was out on bail within 10 minutes. Isn't it a shame for all of us... how long can we tolerate this kind of action. more

Source : Ibnlive

Saturday, December 19, 2009

Logo of Watt Laga Do

The Logo of Watt Laga Do is ready & live on Twitter. Trying to incorporate it in the blog also. I made it using an online free tool. Hope people would like it. Do share comments & suggestions