Thursday 16 December, 2010

“No Amendment to RTI Rules” Drive by Social Group YAISHWARYAJ

"No Amendment to RTI Rules" Drive by Social Group YAISHWARYAJ

http://www.mynews.in/News/“_No_Amendment_to_RTI_Rules”__Drive_by_Social_Group_YAISHWARYAJ_N119103.html

Sharma Urvashi, 16-Dec-2010 12:27:26 PM

The Government of India has proposed to notify Right to Information
Rules in supersession of the existing rules, namely, the Right to
Information (Regulation of Fee and Cost) Rules, 2005 and the Central
Information Commission (Appeal Procedure) Rules, 2005. Many of the
proposed amendments are against the " letter & spirit " of the RTI act
2005 .

Ministry of Personnel, Public Grievances and Pensions (Department of
Personnel and Training) of Government of India has drafted the Right
to Information Rules, 2010 in exercise of the powers conferred by
section 27 of the Right to Information Act, 2005 (22 of 2005) and in
supersession of the Central Information Commission (Appeal Procedure)
Rules, 2005 and the Right to Information (Regulation of Fee and Cost)
Rules, 2005 .

The Government of India has invited Comments on the proposed Rules by
all but only through e-mail at usrti-dovt@pic.in latest by 27
December, 2010. In India Internet penetration is too shallow to have
representative feedback or comments on the said rules so Lucknow based
Social Group YAISHWARYAJ is on a RTI Awareness Drive to motivate the
masses of Uttar Pradesh for sending comments opposing the proposed
Amendments to existing RTI Rules on certain points.

"Two of our group-members shall cover Lucknow , Kanpur , Etawah ,
Shikohabad , Firozabad , Agra , Etah , Budaun , Bareilly ,
Shahjahanpur & Hardoi districts between December 17 to 24 and try
their level best so that maximum people should send reasonable
comments to the Government of India to oppose the anti RTI amendments
. Anybody who wish to join the campaign , can call group's RTI
helpline nos. 8081898081 or 9455553838 " , said Prabhuta , one of the
founder members of the group.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

RTI activists' campaign against amendments in RTI Act

RTI activists' campaign against amendments in RTI Act

http://www.merinews.com/article/rti-activists-campaign-against-amendments-in-rti-act/15837848.shtml

The government of India has drafted new rules for the RTI Act and
social activists in UP are up in protest against these changes and
have launched a drive to attain maximum feedback/comments against the
amendments.

CJ: urvashi sharma Thu, Dec 16, 2010 10:30:54 IST

POST THE announcement doing rounds that the Ministry of Personnel,
Public Grievances and Pensions (Department of Personnel and Training)
of Government of India has drafted amendments to the Right to
Information Rules, 2010, RTI activists' group Yaishwaryaj has started
a campaign to motivate masses of Uttar Pradesh and all over the nation
to send their comments/objections to government against any amendments
in the RTI rules. The Government of India has invited feedback and
comments on the proposed new rules through e-mail by 27th December,
2010.

As in this country the awareness level is quite low, social activists
have started this drive to make sure as many comments reach the
authorities as possible. Lucknow-based social action group Yaishwaryaj
has started this drive and is bent on getting the maximum number of
comments back to government in objection to changes or amendments in
certain sections in particular in the present RTI rules.


"Two of our group members shall cover Lucknow , Kanpur , Etawah ,
Shikohabad , Firozabad , Agra , Etah , Budaun , Bareilly ,
Shahjahanpur and Hardoi districts between December 17 to 24 and try
their level best so that maximum people send reasonable comments to
the Government of India to oppose the RTI amendments . Anybody who
wishes to join the campaign can call group's helpline numbers," said
Prabhuta, one of the founder members of the group.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

“ No Amendment to RTI Rules” Drive by Social Group YAISHWARYAJ

" No Amendment to RTI Rules" Drive by Social Group YAISHWARYAJ

The Government of India has proposed to notify Right to Information
Rules in supersession of the existing rules, namely, the Right
to Information
(Regulation of Fee and Cost) Rules, 2005 and the Central
Information Commission (Appeal Procedure) Rules, 2005. Many of
the proposed amendments are against the " letter & spirit " of the RTI
act 2005 .

Ministry of Personnel, Public Grievances and Pensions (Department of
Personnel and Training) of Government of India has drafted the Right
to Information Rules, 2010 in exercise of the powers conferred by
section 27 of the Right to
Information Act, 2005 (22 of 2005) and in supersession of the Central
Information Commission (Appeal Procedure) Rules, 2005 and the Right to
Information (Regulation of Fee and Cost) Rules, 2005 . The Government
of India has invited Comments on the proposed Rules by all but
only through e-mail at usrti-dovt@pic.in latest by 27 December,
2010.

In India Internet penetration is too shallow to have representative
feedback or comments on the said rules so Lucknow based Social Group
YAISHWARYAJ is on a RTI Awareness Drive to motivate the masses of
Uttar Pradesh for sending comments opposing the proposed Amendments to
existing RTI Rules on certain points.

" Two of our group-members shall cover Lucknow , Kanpur , Etawah ,
Shikohabad , Firozabad , Agra , Etah , Budaun , Bareilly ,
Shahjahanpur & Hardoi districts between December 17 to 24 and try
their level best so that maximum people should send reasonable
comments to the Government of India to oppose the anti RTI amendments
. Anybody who wish to join the campaign , can call group's RTI
helpline nos. 8081898081 or 9455553838 " , said Prabhuta , one of the
founder members of the group.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 13 December, 2010

RTI & Jails in UP : Overcrowded Jails : Those having completed their term still languishing in jails

http://www.thesundayindian.com/article.php?article_id=10461

Uttar Pradesh: Overcrowded Jails

Prisons in U.P. burst at the seams

Those having completed their term still languishing in jails

PUJA AWASTHI | December 5, 2010 14:04

Prisoners who have long completed their terms but have not been
released as yet form a considerable chunk of the total prisoners in
Uttar Pradesh's jails. This is one of the reasons behind overcrowding
of the state's jails, reveals an RTI query filed by Lucknow based
activist Urvashi Sharma.

Sharma, on October 4, 2009, had asked for the following information: A
list of all the jails in UP with their designated capacity and the
actual number of prisoners housed in each jail; jail-wise lists of the
names of all convicts who are serving time in spite of having
completed their terms; and details of the steps taken by the state
government in the last five years to scrutinise the status of all the
prisoners in UP jails, apart from certain other details.

The reply from the Jail Administration and Reforms Services was enough
to give Sharma a shock as she came to know that against the designated
capacity of 42,176 inmates, UP's 62 jails actually had 83,805
prisoners. According to a National Crimes Record Bureau (NCRB) report
on prisons, 2008, the state's jails have 191.6 per cent occupancy,
second only to Chattisgarh where the jail occupancy is 215.2 per cent.
According to the report, only 32 per cent of all the inmates in
India's jails are convicts while a whopping 67 per cent of them are
undertrials. There is just one jail official per eight inmates.

Two appeals and a rejoinder later, Sharma received information from
only two jails— Meerut and Ghaziabad— that two prisoners, one male and
one female, were languishing in Ghaziabad jail even after completion
of their terms. As for the query about the scrutiny of the prisoners
the response was "Nil". "It is indeed ironical that the department
meant to bring reforms in jails has not even scrutinised the status
of the prisoners during the last five years. I am writing to the CM
and the Governor to take action and ensure that either the department
should prove worthy of its name or it should drop the words
'administration and reforms' from its name," says Sharma.

Earlier this year, Law Minister Veerappa Moily launched a drive for
the speedy conclusion of the cases of undertrials and to ensure their
release. Till July this year, UP had topped the list in that mission
by releasing 52,843 undertrials and settling the cases of 4,203 more.
But certainly more steps are needed in this direction.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 12 December, 2010

Good time to act

http://www.hindustantimes.com/StoryPage/Print/637338.aspx
Good time to act

Sanjib Kr Baruah, Hindustan Times
Email Author
December 12, 2010
First Published: 00:05 IST(12/12/2010)
Last Updated: 02:22 IST(12/12/2010)
Good time to act
Five years after it was enacted, the "miracle" Right to Information
Act is empowering people and catalysing change. But while national
impact stories emerging out of RTI applications are celebrated, it
isn't just the city-bred citizen who is discovering skeletons in the
bureaucracy's cupboard by posing awkward questions to the babus.

If right to information (RTI) pleas helped unearth national scams such
as Adarsh Housing Society, the Commonwealth scandal and illegal mining
in Karnataka, in villages and small towns, its deployment is raising
accountability and speeding up change.

A band of inspired individuals from across the country have used the
Act for causes as diverse as making the voice of displaced villagers
heard, to getting basics that urbanites take for granted - passports,
food rations, street lights and sanitation.

Says political analyst Amulya Ganguli: "There is nervousness among
babus that they are being watched. Increasing usage of the law by the
weaker sections of society in rural areas will lead to greater
empowerment. And the good news is that it is happening, albeit
slowly."

The RTI Act emanated from the struggle of peasants and workers in
rural Rajasthan in 1994, which gave birth to the legislation under
justice PB Savant in 1996. It went through several consultations with
the people, before the Act came into existence in 2005.

An estimated 4,00,000 RTI applications were filed from rural India
within two and a half years. About 30% of the rural RTI applicants
were from the economically weaker classes, having an Antodaya ration
card. Nearly 65% had above-poverty-line cards. The rise in awareness
about RTI has sure kept the Central Information Commission busy.

Between April 2006 and August 2010, the RTI Act's apex body disposed
of 54,853 cases. That's an average of 1,035 cases a month, even as the
number of pending cases keep on piling.

Apart from bearing fruit at the community level, the Act is helping
individuals such as Lucknow's Muneer-uddin (67), get their due. After
retiring from Hindustan Aeronautics Limited, he struggled for five
years to get his pension sanctioned. After filing an RTI application,
all it took was a couple of weeks.

"There is no doubt that the use of the act is spreading at the
grassroots," says Sudha Pai, professor, Jawaharlal Nehru University,
Delhi.

Chennai-based columnist Cho Ramaswamy believes that the impact of the
Act is yet to be realised. "Its spread has been hampered by cynicism,
especially among the educated public. What purpose will the Act serve,
people think." Not everyone is seeing it that way as Ramaswamy.

Akhil Gogoi, 34, a poor farmer's son from upper Assam, has made the
RTI a sharp-edged weapon in his fight against corruption and
malpractices, giving a voice to the state's till-now voiceless
peasantry.

"The struggle has given a new credo to Assam's villagers: seek
transparency and demand accountability," says Gogoi.

It hasn't been smooth sailing everywhere. In Jammu and Kashmir, for
instance, in the absence of a state information commission, which the
government is unable to constitute for political reasons, the Act has
become a toothless tiger, says Jammu-based RTI activist Raman Sharma.

That RTI has set the cat among the pigeons can be gauged from the
number of activists murdered or persecuted across the nation.

Yet the battle for information rights is far from over. The
bureaucracy is divided with one group straining to make itself as
transparent as possible while the other keen that nothing is revealed
to the public.

Poor awareness of the Act and the complicated procedure are the other
stumbling blocks. But even threats of bodily harm haven't deterred the
rural whistle-blowers. The information juggernaut is rolling.

The postman rang again to deliver their passports
Raman Sharma social worker, Jammu

Running from pillar to post to get their passports issued, Mukhtiar
Ahmed and others, from a border village in Jammu and Kashmir's Poonch
district used the Right to Information Act. Within 17 days of filing
the application, the local postman delivered their passports.

In 2008, Ahmed came in touch with Jammu-based RTI activist Raman
Sharma, who goaded him to file an application seeking to know the
reason behind the delay in delivery. Before that, the villagers of
Rajpura had never heard of the RTI Act.

Sharma helped Ahmed file the application in September 2008 and the
results were spectacular: on the 17th day, the local postman dropped
in, passport in hand.

Said Abdul Rashid, a local youth who got his passport within days of
filing the RTI plea inspired by Ahmed, "It was a dream come true for
me since I wanted to work in Saudi Arabia. The youth of this border
village never expected such a quick response from the concerned
department. The act is a big boon for common people like us."

She helped unearth embezzled funds for bird flu victims
Dipti Patra homemaker Kalyani, West Bengal

By launching the organisation Indian People's Right For Information
and Democracy, Patra has used the RTI Act to change the lives of
people in the semi-urban and rural tracts of West Bengal.

In September 2010, she came to know that the sub-divisional officer,
Kalyani, had made a mess of funds allotted for those affected due to
bird flu culling. She filed an RTI plea seeking the audit inspection
report.

"The official's first response was incomplete, misleading and
brusque," said Patra.

After she pointed to the absence of etiquette and respect for the
dignity of the applicant in another letter, the tone changed.

The second response revealed gross embezzlement of funds allotted as
culling compensation for countering avian influenza.

"The BDO, Haringhata, had made excess and unauthorised payment of Rs 6
lakh and the Kalyani municipality, too, had made excess and
unauthorised payment of Rs 84,500," she said.

A departmental inquiry has been initiated against officers responsible
for the embezzlement of funds.

From solar lights to water pipes, RTI has empowered
Muzzafar Bhat doctor-turned-activist Drag, J&K

Residents of Drag, in Kashmir's Budgam district, 44 kilometre west of
Srinagar, have unleashed an 'RTI jihad'. The empowering act for
transparency has helped people hold government officials accountable.

Over the last three years, the district's remotest corners have
witnessed a number of workshops on the RTI Act led by Dr Muzzafar
Bhat, 32, who left his medical practice to become an RTI activist. He
organises at least three seminars in remote villages a week to spread
awareness about RTI's liberating powers.

From discovering the reasons behind the drowning of two children in a
public construction company-built entrench in Batapora village,
distribution of solar lights, containing timber smuggling and laying
of water pipes, the Right to Information Act has empowered Budgam's
ordinary people.

"Earlier, government officials were accountable only to the police and
vigilance but the RTI Act has made them accountable to people too,"
said Bhat.

"It can help in good governance. Merely casting the vote is not
democracy...What 1,000 people can't do, a single application can
achieve."

Residents resort to RTI for roads, cleanliness
Vallabh Pandey, Resident Varanasi, Uttar Pradesh

When it was built in 2000, the Om Nagar colony in eastern Uttar
Pradesh's Varanasi had good roads and functional streetlights. The
civic authorities kept the environs clean. By 2007, the streetlights
had vanished, the roads were in decay and the cleaning by the
municipal officials stopped.

Using the right to information, residents of this 400 household
locality managed to return to a time when the colony is a role model
for others in the temple city.

In 2010, the streetlights have resumed functioning and the cleaning is
done on a regular basis. Interestingly, the services were discharged
even before the respective departments revealed the information sought
in the RTI pleas.

"After Om Nagar was built, there was a sharp decline in maintenance
standards. We filed two applications at the municipality and
electricity departments. Things were revamped in a few days," said
Vallabh Pandey, one of the residents.

"Ever since we sought information through RTI, this area is getting
better attention from the concerned departments."

Restoring supply of food rations that never arrived
Rambabu resident Hardoi, Uttar Pradesh

Villagers of Almapur in western Uttar Pradesh's Hardoi district
realised the efficacy and effectiveness of RTI as a tool for
empowerment when they used it to probe the non-availability of monthly
rations under the public distribution scheme.

The Below-Poverty-Line families led by Rambabu, a local villager,
sought information under the Right to Information Act from the food
supply department. The villagers found that the supply was not
provided despite being mentioned in stock and distribution registers.

The application for the RTI forced apathetic local officials to probe
the entire functioning of the supply department. Not just this, stocks
of the prior six months were also released at one go.

All it took was filing of RTI applications and two months of intense
follow-ups, aided by local RTI activists.

"We came to know that the supply was released from the ration depots
but did not reach the families, these were meant for. It was only with
the help of the RTI and the subsequent struggle of a couple of months
that we received our rations. That too, well in time," said Rambabu.

Evicted tribals discover govt land can't be sold
Sunnam Venkatramanna activist, Kalyani, West Bengal

Tired of a nomadic existence, T Krishna, 42, a Lambadi tribal and 12
of his clansmen got together to build 13 mud-and-thatch huts on land
earmarked for grazing on the outskirts of a town, which is a part of
the Integrated Tribal Development Agency in Bhadrachalam, Andhra
Pradesh.

Working as a coolie, Krishna had saved Rs 18,000 while the other
families had pooled similar amounts by selling firewood, or working in
a paper factory. On August 18, a few influential neighbours laid claim
to the land and got the homesteaders evicted with help from the
police.

That is when they decided to put the RTI Act to use. Within a week
Krishna got a reply, confirming what they always knew. Their houses
were built on agency land, which belonged to government and that it
couldn't be bought or sold. Encouraged, Krishna is seeking damages
from the people who demolished the huts.

"RTI has emboldened other tribal people to approach the information
commission for redressal of their grievances on land," said Sunnam
Venkatramanna, state secretary of the Adivasi Samkshema Parishat.

With Ashok Das in Hyderabad, Peerzada Ashiq in Srinagar, Arteev Sharma
in Jammu, Snigdhendu Bhattacharya in Kolkata, Arshi Rafique in
Lucknow, and Gulam Jeelani in Lucknow

Whistleblowers who lost their lives

http://www.hindustantimes.com/StoryPage/Print/637338.aspx
© Copyright 2010 Hindustan Times


http://www.hindustantimes.com/StoryPage/Print/637338.aspx

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Saturday 11 December, 2010

Poor Plight of RTI in Uttar Pradesh : cases being heard without any consideration to documents on record

In UPSIC , cases are being heard without giving any consideration to
the documents / papers on record ( File of the case ) .

The situation attains more gravity because the case was heard by none
other than the UP CIC Ranjit Singh Pankaj .

In hearing dated 23-11-10 of case no. S1-1460/C/10 Km. Aishwarya
Sharma Vs. PIO office of CM UP , The PIO Dr. Nand Lal lied that the
matter was related to nagar nigam Lucknow and has been transferred to
Lucknow nagar nigam . The fact was that the matter was related to
office of CM UP only as little Aishwarya had shot this RTI to search
her letter that was lost in CM office . The CIC of UP didn't bother to
have a look at the letter of section 6 of little Aishwarya and blindly
believed what the PIO uttered.

The case was disposed off by the order which is available at given link-

http://file1.hpage.com/002161/04/bilder/s1-1460-c-2010_order_dtd_23_11_10.jpg

I always wonder how a person holding a post of the stature of "
ELECTION COMMISSIONER of INDIA " can behave so arbitrarily ?

But with Sycophants of power being appointed as info-commissioners ,
how can we expect any law-abiding behaviour so need of the hour is to
revamp the appointment process of info-commissioners.
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

please do not send any mail or sms to me regarding any of the activities of RTI COUNCIL OF UTTAR PRADESH

dear all ,
 
i am not interested in any of ur mails or sms related to  activities of RTI COUNCIL OF UTTAR PRADESH . so please stop it right now forever.please unsubscribe me from ur mailing list.
 
regards
 
urvashi

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )









Minor Aishwarya's case no. S1-1460/C/10 disposed-off on 23-11-10 ( order attached )

Subject: Minor Aishwarya's case no. S1-1460/C/10 disposed-off on
23-11-10 ( order attached )

dear all

please find attached the UPSIC order

regards

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Friday 10 December, 2010

null

null

draft Amendment to RTI Rules:send comments by 27-12-2010 at usrti-dovt@pic.in

North Block, New Delhi-110001
Dated loth December, 2010.
OFFICE MEMORANDUM
Subject : Amendment to RTI Rules.
The Government proposes to notify Right to Information Rules in
supersession of the existing rules, namely, the Right to Information
(Regulation of Fee and Cost) Rules, 2005 and the Central Information
Commission (Appeal Procedure) Rules, 2005. Comments if any, on the
proposed Rules may be sent at e-mail address, usrti-dovt@pic.in by ~7'
December, 2010.
(R.K. Girdhar)
US(RT1)
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3,
SUB-SECTION (i)]

Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
…….

New Delhi, dated the , 2010

NOTIFICATION

G.S.R…..- In exercise of the powers conferred by section 27 of the Right to
Information Act, 2005 (22 of 2005) and in supersession of the Central
Information Commission (Appeal Procedure) Rules, 2005 and the Right to
Information
(Regulation of Fee and Cost) Rules, 2005 except as respects things
done or omitted
to be done before such supersession, the Central Government hereby makes the
following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Right
to Information Rules, 2010.
(2) They shall come into force on the date of their publication in
the Official
Gazette.
2. Definitions.– In these rules, unless the context otherwise
requires, - (a) "Act" means the Right to Information Act, 2005 (22
of 2005);
(b) "Commission" means the Central Information Commission as constituted
under sub-section (1) of section 12 of the Act. (c) "First Appellate
Authority" means an officer in the public authority who is
senior in rank to the Central Public Information Officer to whom an appeal
under sub-section (1) of section 19 lies;
(d) "Government" means the Central Government;
(e) "Registrar" mean officers of the Commission so designated and unless
otherwise requires includes an Additional Registrar, Joint Registrar and
Deputy Registrar;
(f) "Registry" means the Registry of the Commission comprising the Registrar
General, Registrar, Additional Registrar, Joint Registrar or Deputy Registrar;
(g) "section" means a section of the Act; (h) all other words and
expressions used herein but not defined in the rules shall
have the same meanings assigned to them in the Act.
3. Appointment of Secretary to the Commission: The Government shall
appoint an officer not below the rank of Additional Secretary to the
Government of
India as Secretary to the Commission who shall be the Chief Executive
Officer and
Registrar General of the Commission.
4. Request for Information: A person who desires to obtain any information
from a public authority under sub-section (1) of Section 6 of the Act,
shall pay an
application fee of Rs. 10/- to the public authority alongwith the
application; Provided that the request for information shall relate
only to one subject
matter and shall be limited to two hundred and fifty words, excluding
the address
of the Central Public Information Officer and the address of the applicant.
5. Fees for providing information: Fee for providing information under
Section 4(4), Section 7 (1) and Section 7 (5), as the case may be,
shall be charged
at the following rates:
(a) rupees two for each page in A-3 size or smaller size paper;
(b) actual cost or price of a copy in larger size paper;
(c ) actual cost or price for samples or models;
(d) for inspection of records, no fee for the first hour; and fee of
rupees five for each subsequent hour (or fraction thereof);
(e) for information provided in diskette or floppy, rupees fifty per
diskette or
floppy;
(f) for information provided in printed form, at the price fixed for such
publication or rupees two per page of photocopy for extracts from the
publication;
(g) the actual amount spent by public authority on hiring a machine
or any other
equipment, if any, to supply information;
(h) Postal charges, in excess of rupees ten, if any, involved in supply of
information. Provided that no Fee shall be charged under this rule
from the persons who
are below poverty line as may be determined by respective State Governments.
6. Payment of fee: Fee under these rules shall be paid by way of:
(a) cash, to the public authority or to the Central Assistant Public
Information
Officer of the public authority , as the case may be, against proper
receipt; or
(b) demand draft or bankers cheque or Indian Postal Order payable to the
Accounts Officer of the public authority; or
(c) electronic means to the Accounts Officer of the public authority,
if facility for receiving fee through electronic means is available
with the public
authority:
Provided that a public authority may accept fee by any other mode of
payment.
7. Appeal to the first Appellate Authority: A person aggrieved by any order
passed by the Central Public Information Officer or non-disposal of
his application
by the Central Public Information Officer within the prescribed time,
may file an
appeal to the first Appellate Authority in the format as given in the Appendix.
8. Documents to accompany first appeal to the first Appellate Authority:
Every appeal made to the first Appellate Authority shall be
accompanied by the following documents, duly authenticated and
verified:
(i) Copy of the application submitted to the Central Public
Information Officer;
(ii) Copy of the reply, if any, of the Central Public Information
Officer. 9. Appeal to the Commission: A person aggrieved by any order
passed by the
First Appellate Authority or by non-disposal of his appeal by the
First Appellate
Authority, may file an appeal to the Commission in the format as given in the
Appendix.
10. Documents to accompany Appeal to Commission: Every Appeal made to
the Commission shall be accompanied by the following documents, duly
authenticated and verified:
(i) Copy of the application submitted to the Central Public
Information Officer;
(ii) Copy of the reply, if any, of the Central Public Information
Officer; (iii) Copy of the appeal made to the First Appellate
Authority;
(iv) Copy of the Order, if any, of the First Appellate Authority;
(v) Copies of other documents relied upon by the Appellant and referred to in
the Appeal;
(vi) An index of the documents referred to in the Appeal.
11. Admission of appeals: (1) On receipt of an appeal, if the Commission is
satisfied that it is a fit case for consideration, it may admit such
appeal; but where
the Commission is not so satisfied, it may, after giving an opportunity to the
appellant of being heard and after recording its reasons, reject the appeal.
(2) The Commission shall not admit an appeal unless it is satisfied
that the appellant had availed of all the remedies available to him
under the Act. (3) For the purposes of sub-rule (2), a person shall
be deemed to have availed of
all the remedies available to him under the Act:
(a) if he had filed an appeal before the First Appellate Authority
and the First Appellate Authority or any other person competent to
pass order on such appeal
had made a final order on the appeal; or
(b) where no final order has been made by the First Appellate Authority with
regard to the appeal preferred, and a period of 45 days from the date on which
such appeal was preferred has expired.
12. Procedure for deciding appeals: The Commission, while deciding an
appeal may,
(i) receive oral or written evidence on oath or on affidavit from concerned or
interested person;
(ii) peruse or inspect documents, public records or copies thereof;
(iii) inquire through authorized officer further details or facts; 6
(iv) hear Central Public Information Officer, Central Assistant Public
Information Officer or the First Appellate Authority, or such person against
whose action the appeal is made, as the case may be;
(v) hear third party; and
(vi) receive evidence on affidavits from Central Public Information Officer,
Central Assistant Public Information Officer, First Appellate Authority and
such person against whom the appeal lies or the third party. 13.
Amendment or withdrawal of an Appeal: The Commission may allow a
prayer for any amendment or withdrawal of an Appeal during the course of
hearing, if such a prayer is made by the Appellant on an application made in
writing.
Provided that such request shall not be entertained by the Commission after
the matter has been finally heard or a decision or order has been
pronounced by the
Commission.
14. Personal presence of the appellant before the Commission:
(1) The appellant shall be informed of the date of hearing at least
seven clear days
before that date.
(2) The appellant may, at his discretion, be present in person or
through his duly authorized representative or, if permitted by the
commission, through video
conferencing, at the time of hearing of the appeal by the Commission.
(3) Where the Commission is satisfied that the circumstances exist
due to which
the appellant is being prevented from attending the hearing of the Commission,
then, the Commission may afford the appellant another opportunity of
being heard
before a final decision is taken or take any other appropriate action
as it may deem
fit.
15. Presentation by the Public Authority: The public authority may authorize
any representative or any of its officers to present its case. 16.
Abatement of an Appeal / Complaint: The proceedings pending before the
Commission shall abate on the death of the appellant.
17. Service of notice by Commission: Notice by name to be issued by the
Commission may be served in any of the following modes, namely:-
(i) service by the party itself;
(ii) by hand delivery (dasti) through Process Server;
(iii) by registered post with acknowledgement due;
(iv) by electronic mail in case electronic address is available.
18. Order of the Commission: An order of the Commission shall be in
writing and issued under the seal of the Commission duly authenticated
by the Registrar or any other officer authorized by the Commission
for this purpose.
19. Compliance of the order of the Commission: The head of a public
authority shall ensure that an order passed by the Commission, unless varied or
stayed by a validly passed order, is complied with and compliance
report filed with
the Commission within the time limit specified by the Commission, or within 60
days if no such limit is specified.
20. Recovery of Penalty and Payment of Compensation: (1) If a penalty is
imposed by the Commission on a Central Public Information Officer as per the
provisions of the Act and if the Commission requires a Public Authority to
compensate a person for any loss or detriment suffered, an order duly
authenticated by the Registrar shall be served on the Public Authority
for recovery of penalty and
payment of compensation.
(2) The Public Authority shall deduct the amount of penalty in such
installments
as may be allowed by the Commission in its Order and authenticated by the
Registrar from the monetary payments due to such person against whom penalty
has been imposed by the Commission and compensation shall be paid as per order
of the Commission.
21. Recommendation for Disciplinary Action: If disciplinary action is
recommended by the Commission on a Central Public Information Officer
as per the provisions of the Act, an order duly authenticated by the
Registrar shall be
served on the Public Authority to initiate such action and the action
taken on such
order will be communicated to the Registrar within the time specified by the
Commission in its order.


F.No.1/35/2009-IR
(Rajeev Kapoor)
Joint Secretary

APPENDIX
FORMAT OF APPEAL

1. Name and address of the appellant

2. Name and address of the Central Public Information Officer
to whom the application was addressed.

3. Name and address of the Central Public Information Officer
who gave reply to the application.

4. Name and address of the First Appellate Authority who
decided the First Appeal.

5. Particulars of the application.

6. Particulars of the order(s) including number, if any, against
which the appeal is preferred.

7. Brief facts leading to the appeal.


8. Prayer or relief sought.


9. Grounds for the prayer or relief.


10. Any other information relevant to the appeal


11. Verification / authentication by the appellant
--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sifynews : IANS : Court rider on information on officials' assets

http://sify.com/news/court-rider-on-information-on-officials-assets-news-national-kmktEzidjei.html

Court rider on information on officials' assets


Gandhinagar, Dec 10 (IANS) The Gujarat High Court Friday ordered
public information officers (PIO) to issue notice and consider the
objections of all concerned before passing an order on a Right To
Information (RTI) disclosure of the annual property returns (APRs) of
public servants.

The court order came as it heard the petition of senior Indian
Administrative Service (IAS) officer Arvind Agrawal seeking to set
aside the chief information commissioner's order directing the state
to furnish such details.


Agrawal contended that such details were 'personal' and could not be
given under RTI.


Justice Akil Kureshi, after considering the rival submissions in the
case, sent back the matter to the PIO and ordered to follow the
procedure in accordance with law. The court said that the Chief
Information Commissioner R.N.Das's order stands clarified by this
direction so as to clear the ambiguity in it.


However, Justice Kureshi told the counsels: 'Once you are in public
domain then you should not be shy of revealing your own properties.
This court is not hearing the case on merits as its been remanded back
to PIO, otherwise I would have decided the issue right here.'


An order by Das, an ex-secretary in the central government, directed
the state government to furnish APRs of IAS, IPS and IFS officers
following an appeal by journalist Kapil Dave, seeking to know the
richest officials in Gujarat and whether their property was
disproportionate to their known source of income.


The state general administration and forest and environment
departments had denied giving the information of APRs saying that it
is personal information of officers and cannot be given under the RTI
act, while the home department furnished APRs of only those Indian
Police Service (IPS) officers who consented to share it.


The commission noted in the order: 'APRs may contain personal
information, but it cannot be said that its disclosure has no
relationship to any public interest or that its disclosure would cause
unwarranted invasion of the privacy of the individual.


Citing the judgement by Supreme Court judge P.V. Reddy in the Peoples
Union of Civil Liberties v. Union of India, where the court had held
that in case of conflict between public interest and private interest
to maintain privacy, the public interest would retain primacy, the
commission held that the disclosure of APRs of public servant should
be considered as a step to contain corruption as its disclosure may
reveal instances where property has been acquired which may be
disproportionate to the known sources of income of public servants.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Abhishek Kumar, abhishek.glamartist@gmail.com : Social Worker or Social Vulture

abhishek kumar <abhishek.glamartist@gmail.com>
Sat, Dec 4, 2010 at 1:09 PM

To: ashish kumar srivastava <aksri80@gmail.com>

Cc: urvashi sharma <rtimahilamanchup@gmail.com>, Akhilesh Kumar Saxena
<akhileshsaxena09@gmail.com>, Himanshu Swarnkar
<himan.swarn@gmail.com>, nirajklko <nirajklko@yahoo.com>, rti
nirajlucknow <nirajklko@gmail.com>, alokqr <alokqr@gmail.com>,
patrakarsadan <patrakarsadan@gmail.com>, jusufkabir
<jusufkabir@gmail.com>, IZHAR AHMAD <rti.lucknow@rediffmail.com>,
Izhar Ansari <izharansari@rtiactiongroup.org>, rti youth
<rti.youth@gmail.com>, "mahendra@ PROJECT VIJAY"
<mps.simco@gmail.com>, Anil Jani <aniljani1008@rediffmail.com>, bimal
khemani <bimal.khemani@yahoo.co.in>, Parivartan India
<parivartan_india@rediffmail.com>, neel kamal
<shvfoundation@gmail.com>


Reply | Reply to all | Forward | Print | Delete | Show original

आप लोग करना क्या चाहते हैं?एक तो आपने सूचना के अधिकार का तमासा बना
दिया है और दूसरा बच्चे के बचपन का I
कृपा करके बच्चे को बच्चपन को छोड़ दे I ये बच्चपन दुबारा नहीं मिलेंगे
I अध् खिली कली को जबरदस्ती फूल न बनाये I


मुझे लगा की आप लोग बहुत समझदार हैं ,पर आप लोंगो की ऐसी हरकत को देख कर
मुझे रोना आ रहा है I


माँ ,बाप जो सपने खुद नहीं पूरा कर पाते हैं , वो सपने अपने बच्चों मे
देख कर पूरा करते हैं ,ये human tendency हैं I पर इस कदर सपने पूरा न
करें ,कि मासूम की मासूमियत भी उस से दूर न हो जाये I name or fame ऐसी
चीज है जो शेर कें मुह मे खून लगने के समान हैं,अगर इसकी भूख लग गई तो
बच्चा अपने बच्चपन को भूल कर नाम पाने की प्रतियोगिता मे कूद पड़ेंगा I
अभी तो बहुत अच्छा लग रहा पर बात मे यही ज़हर का भी काम करेंगा I
इतना मुझे आपसे अनुरोध हैं,कृपा करके बच्चे के बच्चपन को छोड़ दे I


करबद्ध प्रार्थना है सभी rti activist से कि बच्चे को लेकर तमाशा न
बनाये I बच्चे के बच्चपन को बचाने के लिए सभी प्रार्थना करें I

2010/12/4 ashish kumar srivastava <aksri80@gmail.com>
- Show quoted text -


--
with regards,
Abhishek
+91-9919767128
email id: abhishek.swatantra@realherokikhoj.in.
youthinitiative@ymail.com.
www.weneedchange2020.blogspot.com
=================================================================================================================
Social Worker or Social Vulture

Dear All ,

Apropos to the above mail as sent to me by one abhishek kumar
abhishek.glamartist@gmail.com on Sat, Dec 4, 2010 at 1:09 PM , I wish
to share my feelings with all of you and want you to clarify position
of your organizations /groups.

This person boasts of being a social worker , associated with
organizations /groups v.i.z. PROJECT VIJAY , NATIONAL RTI FORUM , HERO
KI KHOJ , YOUTH INITIATIVE , WE NEED CHANGE 2020, RTI COUNCIL OF UTTAR
PRADESH .

The mail of this person indicates that he is a SOCIAL VULTURE and not
a SOCIAL WORKER.

The language of the mail is derogatory , abusive and shows that the
person has a complex towards the girls and the children.

At a time when daughters of Lucknow like YUGRATNA are shining
internationally , this person is pulling the legs of the little kids
and leaving no stone unturned to make sure that the girl child is
demoralized to the extent that she should not initiate any such
venture in future . The derogatory ( to a girl and her parents ) and
uncultured language used by this person indicates the unsocial
instincts of this person.

Though I presume that all the organizations / groups named above are
not ANTI-GIRL CHILD and they might be working on projects of
empowering the girl child . If this is the case , I request the
management of these organizations / groups to terminate the membership
of this social vulture.

In case any of the organizations named above are active in works that
are ANTI-GIRL CHILD , discourage the girl-child who is excelling in
various areas including RTI , are working on girl-child weakening
projects and subscribe to the " school of thought " as described in
the mail of this person abhishek , the organization/group should
openly admit it .

Please do mail me your views as I have to raise a complaint against
this social vulture with National Commission for Protection of Child's
Rights , National Commission for women , National Human Right's
Commission and the Police Department of Uttar Pradesh .

Regards.

Urvashi Sharma
9369613513

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Wednesday 8 December, 2010

HC urges SC to expunge ‘some rotten’ remark

http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDEwLzEyLzA4I0FyMDAxMDc=&Mode=HTML&Locale=english-skin-custom

Publication: The Times Of India Lucknow; Date: Dec 8, 2010; Section:
Front Page; Page: 1


HC urges SC to expunge 'some rotten' remark

TIMES NEWS NETWORK

New Delhi: The Allahabad High Court on Tuesday moved an application
before the Supreme Court requesting it to expunge the "something is
rotten" remark made in a recent judgment raising a question mark over
the integrity of some judges.

The application was filed by advocate Ashok Srivastava after a
full court resolution of the HC judges unanimously decided to seek
removal of the "unwarranted" comments by a Bench of Justices Markandey
Katju and Gyan Sudha Misra.

The HC said the issue for adjudication before the apex court Bench
pertained only to leasing of a plot for setting up a circus which did
not remotely relate to judicial integrity. Hence, the remarks were not
warranted, it said. Bench urged house cleaning

While deciding the appeal filed by one Raja Khan, the SC Bench had
said, "We are sorry to say but a lot of complaints are coming against
certain judges of the Allahabad HC relating to their integrity." It
had gone on to request the HC Chief Justice to take strong "house
cleaning" measures, including recommending transfers of the
"incorrigibles".

The SC had said, "Some judges (of the HC) have their kith and kin
practising in the same court, and within a few years of starting
practice, the sons and relatives of the judge become
multi-millionaires, have huge bank balances, luxurious cars, huge
houses and enjoy a luxurious life.

This is a far cry from the days when the sons and other relatives
of judges could derive no benefit from their relationship and had to
struggle at the Bar like any other lawyer."

Quoting Shakespeare's "something is rotten in Denmark" from
Hamlet, the Bench said, "It can similarly be said that something is
rotten in Allahabad High Court."

The HC is the largest in the country with a sanctioned strength of
160 judges. However, it is operating with only 73 judges as there are
87 vacancies.

http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDEwLzEyLzA4I0FyMDAxMDc=&Mode=HTML&Locale=english-skin-custom


For AOL users: <a
href="http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDEwLzEyLzA4I0FyMDAxMDc=&Mode=HTML&Locale=english-skin-custom">http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JTC8yMDEwLzEyLzA4I0FyMDAxMDc=&Mode=HTML&Locale=english-skin-custom</a>

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

RIGHT TO INFORMATION FELLOWSHIP

Dear all ,
Please Find below the link of GUIDELINES FOR RIGHT TO INFORMATION
FELLOWSHIP of Government of India.

http://rti.gov.in/rti_fellowship.pdf

on website

http://persmin.gov.in/

the text is given below. Please apply .

thanks n regards

urvashi sharma

TEXT :

GUIDELINES FOR RIGHT TO INFORMATION FELLOWSHIP


RTI Fellowship
The Department of Personnel and Training (DOPT), Ministry of
Personnel, Public Grievances
and Pensions, Government of India, is the nodal Ministry for the Right
to Information Act. It
is  also  administering  a  Plan  scheme  titled  'Improving
Transparency  and  Accountability  in
Government through effective Implementation of the Right to
Information Act'. The primary
goal of the scheme is to contribute towards more accountable and
transparent government
and  it  has  several  components  including  programmes  for
awareness  generation,  training
and e‐governance initiatives for RTI for achieving the purpose.

Under  this  scheme, DOPT proposes  to offer 5  (Five)  short‐term
fellowships  to  researchers
from  the  field  of media  /  Civil  Society  professionals  / RTI
Trainers  to  conduct  field  based
research on  themes  relating  to RTI.  It  is hoped  that  the
research output will enhance our
understanding  of  the  status  of  the  implementation  of  the  act,
including  its  successes,
constraints  in  its  implementation and how  those are being / could
be overcome and what
more needs to be done to help achieve the objectives of the Act.

Who can Apply/
The fellowship is open to professionals in the age group 25 to 40 from
the field of journalism
(newspaper/ magazine/ radio/ TV), Civil Society and research and
training in the field of RTI.
The applicant should have proven credentials in his / her professional
area, have some prior
experience  of work  relating  to  the  Right  to  Information  and
should  have  an  aptitude  for
research.


Suggested Areas of Study and Research Output
RTI  fellowships  would  be  granted  for  researching  any  theme
relating  to  RTI  with  the
objective  of  contributing  towards  better  understanding  of  the
successes  of  RTI  and/  or
constraints  in  its  implementation  and  how  implementation  of
the  Act  could  be
strengthened? Some examples of themes that could be selected are given
below. These are
only in the nature of examples and applicants may choose any theme
relating to RTI as long
as they are able to justify that it would meet the objective of the scheme.

(a) Issues relating to awareness generation and accessibility for
seeking information.
(b) Role of  civil  society  in  strengthening RTI  regime and how
government may  coordinate
with the efforts of the CSOs.
(c) Successes of RTI in improving transparency and accountability.
(d) Issues in functioning of CIC /SICs.
(e) Implementation of provisions regarding pro‐active disclosures.
(f) Best practices from the field.
The  proposal  should  clearly  indicate  the  output  that will  be
delivered  at  the  end  of  the
fellowship. It could be in the nature of a monograph of say 10,000
words which is ready for
publication, or features /news stories /investigative stories that
could be printed / published
as a  journalistic piece  in national /international media or,  in the
case of professionals from
the field of audio‐video media, it could even be short video films or
stories. The copyright of
the research output will vest  in Government of  India who may publish
the research output
and /or may use it in any other way for the purpose of strengthening
the working of the RTI
regime  in  the  country.  GOI  may,  however,  upon  request,  permit
the  Fellow  to  use  the
output  for publication etc.,  if government  itself does not publish
/ make use of the output
within one year.

Duration
The fellowships would be for a duration of three months.

Compensation and funding
a) Selected fellows will each receive a stipend of Rs. 2.00 lakhs
(subject to tax deduction at
source).
b) The fellowship will be disbursed on a monthly basis (Rs. 50,000.00
per month) on receipt
of  satisfactory  progress  report  as  per  the monthly  targets
defined  in  the  proposal.  In


addition, a grant of Rs. 50,000 for books, research material, travel,
printing, production
of  creatives  etc. will be provided.   These  funds will be
sanctioned on  the basis of  the
research proposal and released on production of actual bills
c) Final  payment  of  Rs.  50,000.00  will  be  made  on  the
submission  of  the  final  output
/deliverable and its acceptance.

Selection
RTI  fellows will be  selected on  the basis of appraisal of  the
application and  the  research
proposal and/or  interviews /presentation of the proposal. The
proposals will be evaluated
on the basis of evaluation criteria detailed below.

Application for fellowship should be accompanied by the following documents:
a) A comprehensive proposal (not more than 6‐8 A4 size pages)
outlining the subject to be
researched, the research plan and final deliverable.
b) Curriculum vitae (no more than 3 A4 sheets) along with a photograph.
c) A  brief statement of work done in the field of RTI.
d) Two references from professionals familiar with the applicants
work from his /her
professional field.
e) A no‐objection from the present employer.

Evaluation of Applications will be done by a committee of eminent
persons in the field of
governance, research, Media or Training on the following criteria:
Evaluation criteria  Marks
1  Curriculum vitae  10
2  References   10
3  Professional Experience and achievements 20
4  Proposal

a) Relevance and Importance of Theme
b) Quality of Research Plan
(i) Problem Definition
(ii) Research Methodology
(iii) Expected Deliverable
(iv) Emphasis on field / action research
c)   Innovativeness of the proposal


10
40
10
15
10
5
10
  Total  100

Final Selection
Final  selection  will  be  made  on  the  evaluation  of  the
proposals.  However  the  selection
committee may  call  short‐listed  candidates  for  an
interview/presentation  in Delhi,  before
finalizing the selection.


How to Apply?
5 sets of the application with enclosures  in the enclosed proforma
may be  may be sent to
Under Secretary  (RTI), Department of Personnel and Training,
Government of  India, North
Block, New Delhi‐  110001  by mail. Applications  received by  5  PM,
Monday,  3rd
  January,
2011 only will be considered.

Application Proforma for Right to Information Fellowship


To be submitted with enclosures in Five sets.
The format given below should neatly typed.
Application in an incomplete form will not be entertained. All fields
are mandatory.

Please tick professional field
Journalist  Civil society professional  RTI  Trainer

Government Employee  Yes   No

A. Personal Details
1  Name

2  Age as on 1/01/2011

B.       Correspondence Address
1  Complete postal address

2  Telephone  /  Fax  Nos  (including
STD code)

3  Mobile No
Affix self‐
attested
recent
passport size
photograph

4  E‐mail Address

C       Qualifications
1  Academic Qualifications
a
b
c
2  Professional Qualifications
a
b
c
3  Affiliations  to  professional
bodies

a
b
c
4  Employment  details  (only  last  3
may be mentioned)

a
b
c


D            Documents enclosed  Tick
1  A comprehensive proposal (not more than 6‐8 A4 size pages) outlining the
subject to be researched, the research plan and final deliverable.


2  Curriculum vitae (no more than 3 A4 sheets) along with a photograph.

3  A brief statement of work done in the field of RTI. (1 A4 size page)

4  Two references from professionals familiar with the applicants work from
his /her professional field.

5  A no‐objection from the present employer
(Five sets of application along with all enclosures should be submitted)

Declaration:
I affirm  that the  information given  in this application  is true
and correct to  the best of my
knowledge  and  belief.  I  further  undertake  that  if  at  any
stage  it  is  discovered  that  an
attempt has been made by me, willfully to conceal or misrepresent the
facts, my fellowship
shall be summarily rejected or terminated without any notice.


Date:________________         Signature:
Place:________________         Name of candidate:____________


E.  Instructions to applicants:

1.  Persons working  under  Central/State  Govt.  /Public  Sector
Undertakings  should  submit
their applications  through proper channel. They may, however, send
one advance copy of
the application along with requisite enclosures.
2. Incomplete applications are liable to be rejected.
3. Affix recent passport size photograph on the application.
4. Only Indian Nationals are eligible to apply.
5. Canvassing in any form will lead to disqualification.
6. No interim enquiries or correspondence shall be entertained.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Monday 6 December, 2010

upsic : court cases 2010 list

Total No. of Results obtained - 41


Judgment Type 'AFR' means Approved for Reporting(i.e. Reportable
Judgments/Orders) Sl. No. Judgments/Orders
1. CONTEMPT APPLICATION (CIVIL) No. - 3671 of 2010 at Allahabad :
Ram Sakha Singh Vs. Sunil Kumar Chaudhary, State Chief Information
Commissioner,
Date of Decision - 3/8/2010
Court Number - 10
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Vikram Nath,J.
Petitioner's Counsels - Dhirendra Kr. Srivastava
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

2. CONTEMPT APPLICATION (CIVIL) No. - 3671 of 2010 at Allahabad :
Ram Sakha Singh Vs. Sunil Kumar Chaudhary, State Chief Information
Commissioner,
Date of Decision - 21/9/2010
Court Number - 10
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Shashi Kant Gupta,J.
Petitioner's Counsels - Dhirendra Kr. Srivastava
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

3. CONTEMPT APPLICATION (CIVIL) No. - 3671 of 2010 at Allahabad :
Ram Sakha Singh Vs. Sunil Kumar Chaudhary, State Chief Information
Commissioner,
Date of Decision - 6/10/2010
Court Number - 10
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Shashi Kant Gupta,J.
Petitioner's Counsels - Dhirendra Kr. Srivastava
Respondent's Counsel - S.C.
Formatted Text - Download (Opens in new window)

4. CONTEMPT APPLICATION (CIVIL) No. - 3671 of 2010 at Allahabad :
Ram Sakha Singh Vs. Sunil Kumar Chaudhary, State Chief Information
Commissioner,
Date of Decision - 12/11/2010
Court Number - 10
Judgment Type - Final Non AFR
Coram - Hon'ble Shashi Kant Gupta,J.
Petitioner's Counsels - Dhirendra Kr. Srivastava
Respondent's Counsel - S.C.
Formatted Text - Download (Opens in new window)

5. CONTEMPT APPLICATION (CIVIL) No. - 4240 of 2010 at Allahabad :
Krishna Kant Mishra Vs. Suneel Kumar Chaudhary, State Information
Commissioner, U.P.
Date of Decision - 6/9/2010
Court Number - 10
Judgment Type - Final Non AFR
Coram - Hon'ble Shashi Kant Gupta,J.
Petitioner's Counsels - Amitabh Mishra and Rawati Raman Pathak
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

6. MISC. BENCH No. - 4264 of 2010 at Lucknow : Kisan Sahkari Chini
Mills Ltd.Sultanpur Vs. U.P.State Information Commissioner Lucknow And
Another
Date of Decision - 10/5/2010
Court Number - 1
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J.
Petitioner's Counsels - Pradeep Singh Somvanshi
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

7. MISC. BENCH No. - 5775 of 2010 at Lucknow : Dinesh Kumar Agarwal
Vs. The Chief Information Commissioner Under R.T.I.Act. & Ors.
Date of Decision - 17/6/2010
Court Number - 27
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Devi Prasad Singh,J. and Hon'ble Yogendra Kumar Sangal,J.
Petitioner's Counsels - D.K.Agarwal
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

8. MISC. BENCH No. - 6370 of 2010 at Lucknow : Ravindra Pratap Singh
Vs. State Information Commissioner, State Information Commission
Date of Decision - 9/7/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Uma Nath Singh,J. and Hon'ble Devendra Kumar Arora,J.
Petitioner's Counsels - Mohan Singh
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

9. MISC. BENCH No. - 8712 of 2010 at Lucknow : Vijay Pratap Singh
Vs. State Information Commissioner, U.P., Lucknow & Another
Date of Decision - 3/12/2010
Court Number - 1
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J.
Petitioner's Counsels - A.R. Masoodi and Pawan Kumar Mishra
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

10. MISC. BENCH No. - 12176 of 2009 at Lucknow : Ramakant Pandey S/O
Sadashiv Pandey Vs. State Information Commissioner,U.P. At Lucknow &
Anr.
Date of Decision - 5/1/2010
Court Number - 1
Judgment Type - Final Non AFR
Coram - Hon'ble Pradeep Kant,J. and Hon'ble Ritu Raj Awasthi,J.
Petitioner's Counsels - Dilip Pandey
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

11. MISC. BENCH No. - 6763 of 2009 at Lucknow : Shiv Prasad Rastogi
S/O Sri Asharafi Lal Rastogi Vs. Information Commissioner U.P. And
Others
Date of Decision - 19/8/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Uma Nath Singh,J. and Hon'ble Satish Chandra,J.
Petitioner's Counsels - Girish Chandra Verma
Respondent's Counsel - Ram Kumar Maurya
Formatted Text - Download (Opens in new window)

12. MISC. BENCH No. - 6763 of 2009 at Lucknow : Shiv Prasad Rastogi
S/O Sri Asharafi Lal Rastogi Vs. Information Commissioner U.P. And
Others
Date of Decision - 26/10/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Uma Nath Singh,J. and Hon'ble Virendra Kumar Dixit,J.
Petitioner's Counsels - Girish Chandra Verma
Respondent's Counsel - Ram Kumar Maurya
Formatted Text - Download (Opens in new window)

13. MISC. BENCH No. - 6763 of 2009 at Lucknow : Shiv Prasad Rastogi
S/O Sri Asharafi Lal Rastogi Vs. Information Commissioner U.P. And
Others
Date of Decision - 10/11/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Uma Nath Singh,J. and Hon'ble Virendra Kumar Dixit,J.
Petitioner's Counsels - Girish Chandra Verma
Respondent's Counsel - Ram Kumar Maurya
Formatted Text - Download (Opens in new window)

14. MISC. BENCH No. - 6763 of 2009 at Lucknow : Shiv Prasad Rastogi
S/O Sri Asharafi Lal Rastogi Vs. Information Commissioner U.P. And
Others
Date of Decision - 23/11/2010
Court Number - 27
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Devi Prasad Singh,J. and Hon'ble Virendra Kumar Dixit,J.
Petitioner's Counsels - Girish Chandra Verma
Respondent's Counsel - Ram Kumar Maurya
Formatted Text - Download (Opens in new window)

15. MISC. SINGLE No. - 3059 of 2010 at Lucknow : Smt.Kiran Dhar [U/A
227] Vs. State Information Commissioner U.P. Lucknow
Date of Decision - 7/7/2010
Court Number - 24
Judgment Type - Final Non AFR
Coram - Hon'ble Rajiv Sharma,J.
Petitioner's Counsels - Manish Mani Sharma
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

16. SPECIAL APPEAL No. - 465 of 2010 at Allahabad : Brahm Singh Vs.
State Information Commissioner, Lucknow And Others
Date of Decision - 2/4/2010
Court Number - Chief Justice's Court
Judgment Type - Final Non AFR
Coram - Hon'ble Amitava Lala,Acting Chief Justice and Hon'ble Ashok
Srivastava,J.
Petitioner's Counsels - N.L. Pandey
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

17. WRIT - A No. - 59233 of 2010 at Allahabad : Waseem Abbas Vs.
Information Commissioner State Information And Others
Date of Decision - 27/9/2010
Court Number - 39
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Dilip Gupta,J.
Petitioner's Counsels - T. A. Khan
Respondent's Counsel - C. S. C.
Formatted Text - Download (Opens in new window)

18. WRIT - C No. - 14198 of 2010 at Allahabad : Brahm Singh Vs.
State Information Commissioner & Others
Date of Decision - 18/3/2010
Court Number - 39
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Dilip Gupta,J.
Petitioner's Counsels - N.L. Pandey
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

19. WRIT - C No. - 14198 of 2010 at Allahabad : Brahm Singh Vs.
State Information Commissioner & Others
Date of Decision - 22/3/2010
Court Number - 21
Judgment Type - Final Non AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - N.L. Pandey
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

20. WRIT - C No. - 20622 of 2010 at Allahabad : Sri Kant Mishra Vs.
State Information Commissioner Officer & Ors.
Date of Decision - 22/4/2010
Court Number - 2
Judgment Type - Final Non AFR
Coram - Hon'ble Ashok Bhushan,J. and Hon'ble Virendra Singh,J.
Petitioner's Counsels - P.P. Pandey
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

21. WRIT - C No. - 20624 of 2010 at Allahabad : Janaki Sharan Vs.
State Of U.P. Thru. Chief Information Commissioner & Ors.
Date of Decision - 21/4/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Ashok Bhushan,J. and Hon'ble Virendra Singh,J.
Petitioner's Counsels - Ram Swaroop Singh and Shiva Kant
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

22. WRIT - C No. - 20626 of 2010 at Allahabad : Janaki Sharan Vs.
State Of U.P. Thru. Chief Information Commissioner & Ors.
Date of Decision - 21/4/2010
Court Number - 2
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Ashok Bhushan,J. and Hon'ble Virendra Singh,J.
Petitioner's Counsels - Ram Swaroop Singh
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

23. WRIT - C No. - 26252 of 2010 at Allahabad : M/S Singh Cold
Storege And Ice Plant Vs. State Information Commissioner And Others
Date of Decision - 20/5/2010
Court Number - 9
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Jayashree Tiwari,J.
Petitioner's Counsels - A.K. Malviya
Respondent's Counsel - C.S.C. and H.P. Dubey
Formatted Text - Download (Opens in new window)

24. WRIT - C No. - 28648 of 2010 at Allahabad : Rameshwar Dutt
Mishra Vs. Chief Information Commissioner, State Information Comm.
Date of Decision - 21/5/2010
Court Number - 2
Judgment Type - Final Non AFR
Coram - Hon'ble Ashok Bhushan,J. and Hon'ble Virendra Singh,J.
Petitioner's Counsels - Anil Kumar Mishra
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

25. WRIT - C No. - 31517 of 2010 at Allahabad : S.S.L. Srivastava
Vs. Information Commissioner Central Information Commision & Anr
Date of Decision - 26/5/2010
Court Number - 21
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - Pankaj Naqvi
Respondent's Counsel - A.S.G.I.
Formatted Text - Download (Opens in new window)

26. WRIT - C No. - 31720 of 2010 at Allahabad : Kalash Singh Vs.
State Information Commissioner,Up And Others
Date of Decision - 27/5/2010
Court Number - 36
Judgment Type - Final Non AFR
Coram - Hon'ble Sheo Kumar Singh,J. and Hon'ble Rajesh Chandra,J.
Petitioner's Counsels - Pradeep Kumar and Praveen Kumar
Respondent's Counsel - C. S. C. and Vivek Verma
Formatted Text - Download (Opens in new window)

27. WRIT - C No. - 33355 of 2010 at Allahabad : Principal Designated
As State Public Informaiton Officer Vs. U.P. State Information
Commissioner & Others
Date of Decision - 3/6/2010
Court Number - 40
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Krishna Murari,J. and Hon'ble Jayashree Tiwari,J.
Petitioner's Counsels - Arvind Kumar Mishra , A.N. Tripathi and R.P.Mishra
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

28. WRIT - C No. - 428 of 2010 at Allahabad : Dr. Kalp Nath Chaubey
Vs. Information Commissioner Central Information New Delhi Ors.
Date of Decision - 21/1/2010
Court Number - 2
Judgment Type - Final AFR
Coram - Hon'ble Ashok Bhushan,J. and Hon'ble Virendra Singh,J.
Petitioner's Counsels - Akhileshwar Singh
Respondent's Counsel - A.S.G.I. and Santosh Kumar Singh
Formatted Text - Download (Opens in new window)

29. WRIT - C No. - 43649 of 2010 at Allahabad : Malkiat Singh Bajwa
Vs. Central Information Commissioner And Others
Date of Decision - 28/7/2010
Court Number - 21
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - M.P. Sarraf
Respondent's Counsel - Saurabh Srivastava
Formatted Text - Download (Opens in new window)

30. WRIT - C No. - 48536 of 2010 at Allahabad : Sunita Gupta Vs.
Central Information Commissioner And Others
Date of Decision - 13/8/2010
Court Number - 9
Judgment Type - Final Non AFR
Coram - Hon'ble Vijay Manohar Sahai,J. and Hon'ble Ran Vijai Singh,J.
Petitioner's Counsels - Mudhukar Roy
Respondent's Counsel - Sanjeev Singh
Formatted Text - Download (Opens in new window)

31. WRIT - C No. - 50640 of 2010 at Allahabad : Sanjay Kumar Vs.
Central Information Commissioner And Others
Date of Decision - 23/8/2010
Court Number - 32
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Sunil Ambwani,J. and Hon'ble Kashi Nath Pandey,J.
Petitioner's Counsels - Tarun Verma
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

32. WRIT - C No. - 59739 of 2010 at Allahabad : Raj Kumar Verma Vs.
Chief Information Commissioner And Another
Date of Decision - 29/9/2010
Court Number - 3
Judgment Type - Final Non AFR
Coram - Hon'ble Amitava Lala,J. and Hon'ble Sanjay Misra,J.
Petitioner's Counsels - Piyush Srivastava
Respondent's Counsel - Neeraj Tiwari
Formatted Text - Download (Opens in new window)

33. WRIT - C No. - 67377 of 2010 at Allahabad : Dinesh Kumar Singh
Vs. State Information Commissioner, U.P. Lucknow And Others
Date of Decision - 19/11/2010
Court Number - 35
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble Satya Poot Mehrotra,J. and Hon'ble Pankaj Mithal,J.
Petitioner's Counsels - Mohd. Naushad Siddiqui and Pushkar Srivastava
Respondent's Counsel - H.P.Dube
Formatted Text - Download (Opens in new window)

34. WRIT - C No. - 67377 of 2010 at Allahabad : Dinesh Kumar Singh
Vs. State Information Commissioner, U.P. Lucknow And Others
Date of Decision - 24/11/2010
Court Number - 2
Judgment Type - Final Non AFR
Coram - Hon'ble Sheo Kumar Singh,J. and Hon'ble Rajesh Chandra,J.
Petitioner's Counsels - Mohd. Naushad Siddiqui and Pushkar Srivastava
Respondent's Counsel - H.P.Dube and Pankaj Kumar Shukla
Formatted Text - Download (Opens in new window)

35. WRIT - C No. - 69365 of 2010 at Allahabad : National Insurance
Company Limited Vs. The Information Commissioner, C.I.C. And Another
Date of Decision - 30/11/2010
Court Number - 21
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - Vivek Kumar Birla
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

36. WRIT - C No. - 14481 of 2009 at Allahabad : Prathma Bank
Moradabad Thru Chairman Vs. Central Information Ocmmission/Information
Commissioner &Anr
Date of Decision - 11/3/2010
Court Number - 21
Judgment Type - Interlocutory AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - Sanjiv Singh
Respondent's Counsel - V.K. Gupta
Formatted Text - Download (Opens in new window)

37. WRIT - C No. - 14481 of 2009 at Allahabad : Prathma Bank
Moradabad Thru Chairman Vs. Central Information Ocmmission/Information
Commissioner &Anr
Date of Decision - 26/3/2010
Court Number - 21
Judgment Type - Interlocutory Non AFR
Coram - Hon'ble V.K. Shukla,J.
Petitioner's Counsels - Sanjiv Singh
Respondent's Counsel - V.K. Gupta
Formatted Text - Download (Opens in new window)

38. WRIT - C No. - 67827 of 2009 at Allahabad : Raj Kumar Verma Vs.
Chief Information Commissioner & Ors.
Date of Decision - 14/12/2009
Court Number - 2
Judgment Type - Final Non AFR
Coram - Hon'ble R.K. Agrawal,J. and Hon'ble Jayashree Tiwari,J.
Petitioner's Counsels - Ranjeet Singh
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

39. WRIT - C No. - 12502 of 2008 at Allahabad : Accountant General
(A&E) -Ii Thru' Sr. A.G.(Admin) Vs. State Public Information
Commissioner And Others
Date of Decision - 14/9/2010
Court Number - 34
Judgment Type - Final Non AFR
Coram - Hon'ble Prakash Chandra Verma,J. and Hon'ble Ram Autar Singh,J.
Petitioner's Counsels - Satish Chaturvedi
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)

40. WRIT - C No. - 13332 of 2008 at Allahabad : Prathma Bank
Moradabad (Regional Rural Bank) Vs. U.P. State Information
Commissioner And Others
Date of Decision - 15/9/2010
Court Number - 34
Judgment Type - Final Non AFR
Coram - Hon'ble Prakash Chandra Verma,J. and Hon'ble Ram Autar Singh,J.
Petitioner's Counsels - Sanjiv Singh
Respondent's Counsel -
Formatted Text - Download (Opens in new window)

41. WRIT - C No. - 9489 of 2007 at Allahabad : Ramesh Chandra Verma
Vs. Chief Information Commissioner And Others
Date of Decision - 21/5/2010
Court Number - 24
Judgment Type - Final Non AFR
Coram - Hon'ble Satyendra Singh Chauhan,J.
Petitioner's Counsels - Kailash Nath Kesharwani
Respondent's Counsel - C.S.C.
Formatted Text - Download (Opens in new window)


--------------------------------------------------------------------------------
System designed and developed at Computer Centre, High Court, Allahabad.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

The Sunday Indian : Don't catch 'em young

http://www.thesundayindian.com/article.php?type=blog&article_id=10599

Don't catch 'em young
PUJA AWASTHI | December 3, 2010 16:36 The adage catch them young
apparently does not apply to Uttar Pradesh's Information Commission
which has decreed that a nine year old is too small to get any
information under the much feted Right to Information Act.

The case of of Aishwarya Sharma, a student of the City Montessori
School whose petition to the chief minister on how a garbage dump
could be allowed in front of a school as it was a potential risk
hazard, The CM's office in turn had pointed out that it had received
no such letter from the 9 year old prompting her to file another RTI
application seeking to know how many such letters went missing
regularly from the CM's office. While no response was received from
the CM's office, the municipal authorities quietly swept away the
garbage dump. The case was much flashed in the local and national
media as an example of how transparent the Act had made governance.

It now appears that Aishwarya was not even eligible to get such
information from the state's information Commission. The state's CIC
said that the applicant was prima facie a minor and did not come under
the definition of Major under the Indian Majority Act to seek
information.

Interestingly the RTI Act itself makes no such distinction and only
calls for an Indian citizen who can pay the Rs 10 requisite fee to get
information from a government department.

So exactly how old should Aishwarya be before she seeks information?
Old enough to vote? Old enough to marry? Old enough to take the civil
services exam? Or old enough to fight an election?

We mollycoddle our children denying them sex education under the
pretext that it will pollute their young minds. Frown on essentially
marketing gimmicks such as Valentine's Day, worse still in rural India
we pronounce death sentences for them if they dare marry outside the
community.

The moot question remains how young is too young? And under the garb
of age how long will our children be denied the opportunity to express
themselves?

Meanwhile the feisty Aishwarya, daughter to one of RTI's most vocal
Lucknow based activists Urvashi Sharma is not giving up. After she
receives a copy of the SIC's order that she has no locus standi to
seek information, she will approach the High Court.

Go girl, go.

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Sunday 5 December, 2010

COPYCAT rticup@googlegroups.com : Convener of RTI Council of Uttar Pradesh copy-paste mails from http://www.rtiindia.org

COPYCAT : Convener of RTI Council of Uttar Pradesh copy-paste mails
from http://www.rtiindia.org

Dear all ,

Please see the link below

http://www.rtiindia.org/forum/ 63890-up-minor-reason-
rejecting-right-information- query.html

the discussion appeared in http://www.rtiindia.org was copied
word-to-word by the
so called convener of the council Akhilesh Saxena jii.

Please see the comments of dr.s.malhotra ji ,
Atul Patankar ji at http://www.rtiindia.org and the mail of Akhilesh
saxena as being forwarded .

This is against the ethics . So I request the so called convener of rti
council of Uttar prdesh , Akhilesh Saxena ji not to indulge in such
unethical acts and have his own views on rti.

I admire dr.s.malhotraji & Atul Patankar ji for their valuable
comments and views that shall help Aishwarya while filing WRIT in high
court.

regards

urvashi sharma

On 12/3/10, Akhilesh Kumar Saxena <akhileshsaxena09@gmail.com> wrote:
> Dear Urvashi Ji,
>
> In my humble opinion , the CIC of UPSIC is right in his decision . It is
> accepted that if a particular law is silent on some provision , then such
> interpretation can be drawn from other laws prevailing and referring to such
> provisions . RTI Act is silent on " minimum age of the applicant " but other
> laws are not which require a deponent to be a major above 18 years of age ,
> of sound mind .
>
> It has to be kept in mind that Applicant will soon be Appellant and
> Complainant which would require him or her to verify the contents of his
> pleadings in appeals and complaints . Verification of legal or quasi-legal
> documents require knowledge and capacity to take CONSIDERED independent (
> non-tutored) decision - sound mind . A child of tender age can not be
> trusted with such decision making .
> While the law does give one a right , but at the same time it stipulates one
> to use that right judiciously without disrupting the harmony in the system .
> Now consider a wrong or frivolous application , Appeal and Complaint by such
> child . Issue of information is certainly there , but just imagine the
> wastage of time , man-power to the system by some unwise queries . The PIO ,
> AA , Commission shall all be scratching their heads just to make the kid
> understand the wisdom of their decisions ( though most sane people find it
> difficult to understand the wisdom of such decisions many times - just a
> joke ) .
> Just image - kids sending RTI Applications to school asking why mobiles are
> banned in exams , why they have to wear dress , why school does not start
> after they get up at 11 AM and the like ...the list can be mind-boggling .
> But at the same time, I do not underestimate the significance of queries
> raised by some kids . They are capable of raising such issues which can
> shake you no ends because these come from unadulterated minds . In such
> cases some mechanism should be evolved that the issues of kids can be taken
> up suo moto at some level like the Hon'ble High Courts are doing for the
> cause of social justice or the Applications to be entertained through an
> appointed master in the school or the like . How it will work can be debated
> and a mechanism evolved . RTIAct and very basic provisions of IPC , should
> be included in syllabus at 8th class level so that they can start filling
> RTI Apps when they are 14-15 years , DoPT may certify such RTI KIds after
> training them for 2-3 months .
> In nutshell , I would be happiest person if kids just know what is
> corruption and how it is eating into the national resources . They should be
> able to ask - "dad ! how did you purchase the Audi ?"
> Purpose of RTI Act would be full-filled ..
>
> I think we need to separate 2 issue - whether a minor CAN make an
> application under the RTI Act, and whether a KID should be so allowed.
>
> As far as the validity under present law is concerned, I think the law is
> clear enough - section 3 proclaims that All citizens have right to
> Information. As RTI Act does not define 'citizen', we can safely infer that
> it is the citizen as defined under the Citizen Act, 1955. If the legislature
> had intended to confer this right on adults only, it could have very well
> said so clearly in the law itself. Neither courts nor the ICs have any right
> to put words and stipulations into the act where they do not exist.
>
> On the issue of desirability of kids asking questions under RTI, though I
> fully respect your right to hold that view, I disagree with you. About the
> objections raised by you, *please note *that anything starting with 'why' is
> automatically rejected, without reading any further. And there are
> sufficient provisions in the law to protect public authorities to protect
> from 'wrong or frivolous' questions, by children as well as adults.
>
>
> Regard's
>
> Akhilesh Saxena
>
> Convener-*RTI Council of* *U.P.*
>

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

Minors cannot use RTI Act, says UP information commission, CIC disagrees

http://www.dnaindia.com/india/report_minors-cannot-use-rti-act-says-up-information-commission-cic-disagrees_1475597

Minors cannot seek information under the RTI Act, the Uttar Pradesh
information commission has said while dismissing the plea of a fourth
class student who had sought details of missing documents from the
chief minister's office.

Surprisingly, the Right to Information Act does not have any clause
where age is the criterion for filing information seeking
applications. It only mentions that a "citizen of India" can demand
information from public authorities by paying a fee of Rs10.

Chief information commissioner at Central information Commission AN
Tiwari also said that the Act does not limit its use by people above
the age of 18 years.

"There is no restriction of age limit. The Act allows a citizen of
India to file the application," Tiwari said.

The case in point is of a nine-year old Aishwarya Sharma who had
approached chief minister Mayawati's office with a hand written
complaint on a notebook page about a garbage dump in front of her
school.

Seeing no initial action, she sent her RTI application seeking to know
rules under which garbage dumps can be allowed in front of schools.
Faced with such uncomfortable questions, the officials informed her
that the RTI application was not received by the office.

Aishwarya shot off another application seeking to know the number of
such letters that have gone missing from the chief minister's office
and officials responsible for misplacing her letter.

While she was trying to extract information, Lucknow Municipal
Corporation removed the garbage dump but no details about her
questions were provided by the chief minister's office.

When the case reached the state information commission, chief
information commissioner Ranjit Singh Pankaj held that applicant is a
class three student (at the time of filing application) who is
prima-facie minor and does not come under the definition of major in
Indian Majority Act.

Pankaj said any complaint or appeal under the Act is a qasi-judicial
proceeding and any minor person cannot act in the RTI Act. He asked
Aishwarya to present her appeal through her guardian.

Section 22 of the RTI Act says, "Provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in
the Official Secrets Act, 1923, and any other law for the time being
in force or in any instrument having effect by virtue of any law other
than this Act."

"It is clear that rejection of application by the SIC does not stand.
Age is not the criterion to seek information. Second provisions of
Indian Majority Act does not apply because of overriding powers of the
RTI Act," Urvashi Sharma, a civil society worker, said.


--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

The Nation : FOI in Pakistan : Access to information

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Karachi/05-Dec-2010/Access-to-information

Access to information

Access to information is the fundamental right of all citizens, just
as every citizen has the right to freedom of speech and expression. To
enable this, the Government of Pakistan had established the Freedom of
Information Ordinance 2002, in order to ensure transparency in
government and to hold the federal and provincial governments more
accountable.
The Ordinance allows citizens to have access to public records and to
ask for information as their right, in order to establish good
governance, through the enforcement of the rule of law. At the same
time, the Ordinance makes the functioning of Government more effective
in delivering social and public services, which require constant
monitoring and attention.
The Law also provides a grievance redressal mechanism for those who
have been denied information:
"In case the designated officer of a public body fails to provide the
requested information/record within 21 days, the requester may, in
terms of Section 19 of the Ordinance, file a complaint with the head
of the public body, who shall dispose of the complaint within 30 days
of its receipt."
"In case the competent authority fails to redress the grievance of the
requester, within 30 days of the filing of complaint or refuses to
provide him/her the requested information within time, the requester
may file a complaint with the Wafaqi Mohtasib."
An NGO has used the FoI as an effective tool to obtain information
from cooperative government departments, for their petitions against
illegal buildings and land conversions in the SCoP and the SHC.
The Indian Right to Information (RTI), India's counterpart to our FIO,
is much more comprehensive and powerful and is rated as one of the
best RTI laws in the world. It came into force on 12 October 2005.
Through the above site, ordinary citizen can easily track the progress
of their individual complaints.
The RTI law has become a great tool for the citizens of India, to
strengthen democracy and good governance and as an instrument to
demand their 'right to information' and thus hold the government
accountable.
Unfortunately, in Pakistan, we lack all these laws and the citizens
are either not aware or bothered to use The Freedom of Information
Ordinance to their advantage.
Under the FoI Ordinance, all the information that is being exposed by
our TV channels, is the fundamental right of the citizens and by
muzzling our media, the government is violating our rights. We have
the right to be informed and demand details of RPPs that are being
imported and if they are second hand, as reported and why advance
payment and bank guarantees for payment of rentals are being provided
by GoP?

Keeping this in mind, an NGO had tried to use the Freedom to
Information Ordinance to obtain a copy of the original Privatisation
Agreement and subsequent amendments between NEPRA, KESC and the Abraaj
Group last year.
We had addressed letters to Chairman NEPRA and MD PPIB, who had
admitted that the rental power plants with higher tariffs, were
inefficient, and had requested them to provide us copies of evaluation
reports prepared or the RPPs, the tariff petition filed with NEPRA and
copies of the Agreements of these projects.
We had also requested NEPRA to provide us the copies of the terms of
contract between the importers of the RPPs, who according to reports,
have been given 'extraordinary facilities' to import these plants,
including 17% advance payments and high electric tariffs.
Unfortunately, one year later, we are still being stoned walled by the
relevant departments and despite our repeated requests, we have been
completely ignored. The effective functioning of democracy depends
upon the participation in public life of a citizen that is well
informed and throughout the world, Freedom of Information laws are
changing the workings of governments.
If the FOI Ordinance is made functional in letter and in spirit, then
our TV channels would not have to play the role of local a WikiLeaks
in Pakistan. The wicked WikiLeaks have released a Genii that is
haunting world leaders and rattling the skeletons in their cupboards.
Governments across the world are trying to muzzle the Genii and put it
back in the bottle, but are facing a hard time.
In order to sensitise the FOI Ordinance, NGOs have organised a seminar
in Karachi on 6th December. The objective of this seminar is to make
citizens aware of the importance of the access to information laws and
encourage them to use these laws in accessing information.
email: trust@helplinetrust.org

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )