You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc under section 2 [ f ] of RTI Act. Please follow this procedure.
1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.
2. Locate PIO of this government dept/regulator, by visiting concerned website .
3. File application by referring to RTI Rules for format and fees applicable to central govt. [for central govt. dept/regulator like RBI, IRDA, TRAI, SEBI, ROC etc] or concerned state govt. [if department pertains to a state govt].
4. Add following as query:
Particulars of information required:
Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:
(f)"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
5. Attach list of information required by you as annexure to application.
6. You need not contact the private entity whose information is being sought. Now you are concerned with the govt. dept/regulator only and its PIO has to provide you the information sought by you.
7. Govt. departments or regulators can summon information under different laws from private bodies and the same has to be supplied to you.
8. Information barred by sections 8 & 9 of RTI Act cannot be accessed under section 2 [f] also.
Monday, May 31, 2010
Saturday, May 29, 2010
RTI for 498a FIR Day wise
To,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please let me know the about the FIR registered under section 498 A,323, 406, 506 and ¾ of D.P.Act against dowry seekers at XYZ CITY and provide the information from 2008 to till date of disposal of this application in fallowing format :
Year -2008 Total No of Male Total No of Female
S.No Month i.e Jan, Mar,Dec Date Fir No Section Above 18 Years Below 18 years Above 18 years Below 18 years
2. Please let me know the about the of FIR registered under section 3 of D.P.Act against dowry givers at XYZ CITY and provide the information from 2008 to till date of disposal of this application in fallowing format :
Year -2008 Total No of Male Total No of Female
S.No Month i.e Jan, Mar,Dec Date Fir No Section Above 18 Years Below 18 years Above 18 years Below 18 years
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation & full address as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Kindly arrange to provide above information by speed / registered post at below mentioned address
Thanking you,
Yours truly,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please let me know the about the FIR registered under section 498 A,323, 406, 506 and ¾ of D.P.Act against dowry seekers at XYZ CITY and provide the information from 2008 to till date of disposal of this application in fallowing format :
Year -2008 Total No of Male Total No of Female
S.No Month i.e Jan, Mar,Dec Date Fir No Section Above 18 Years Below 18 years Above 18 years Below 18 years
2. Please let me know the about the of FIR registered under section 3 of D.P.Act against dowry givers at XYZ CITY and provide the information from 2008 to till date of disposal of this application in fallowing format :
Year -2008 Total No of Male Total No of Female
S.No Month i.e Jan, Mar,Dec Date Fir No Section Above 18 Years Below 18 years Above 18 years Below 18 years
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation & full address as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Kindly arrange to provide above information by speed / registered post at below mentioned address
Thanking you,
Yours truly,
Friday, May 28, 2010
RTI for obtaining information from private companies
To
Public Information Officer,
Address line 1
Address line 2
City, State.
1. Name of the Applicant:
2. Address with Phone Number:
3. Particulars of the Information Required:
Please provide information as per below list related to M/s.XXXX Ltd, (BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference:
Section 2 [f] ”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Please provide the following details of XXXXXX S/o YYYYY, who is working as DESIGNATION in DEPARTMENT of XXXXX Ltd, ADDRESS and residing at ADDRESS, with relevant documents copy.
1. Date of joining on the services with XXXX Ltd.
2. Pay scale details with break up.
3. Details of promotion and departmental enquires on him, if any
4. Details of his official visits to Chennai from Aug 2005 to Mar 2009, with dates and purpose of the visit.
5. Total amount paid to him as travel expenses, boarding expenses and Incidental expenses during the period from ----- to ------.
6. Number of leaves he had taken during the period from ----- to ------, with dates.
4. Details of payment of application fee:
Non-judicial court fee stamp of Rs.10/- is affixed herein as fee.
Yours trully,
Public Information Officer,
Address line 1
Address line 2
City, State.
1. Name of the Applicant:
2. Address with Phone Number:
3. Particulars of the Information Required:
Please provide information as per below list related to M/s.XXXX Ltd, (BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference:
Section 2 [f] ”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Please provide the following details of XXXXXX S/o YYYYY, who is working as DESIGNATION in DEPARTMENT of XXXXX Ltd, ADDRESS and residing at ADDRESS, with relevant documents copy.
1. Date of joining on the services with XXXX Ltd.
2. Pay scale details with break up.
3. Details of promotion and departmental enquires on him, if any
4. Details of his official visits to Chennai from Aug 2005 to Mar 2009, with dates and purpose of the visit.
5. Total amount paid to him as travel expenses, boarding expenses and Incidental expenses during the period from ----- to ------.
6. Number of leaves he had taken during the period from ----- to ------, with dates.
4. Details of payment of application fee:
Non-judicial court fee stamp of Rs.10/- is affixed herein as fee.
Yours trully,
RTI for Police ( Streedhan)
To,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please provide me certified copies regarding latest guidelines , circulars issued by you to SSP’s, SHO regarding investigating and verifying the claims of the complainant about Streedhan in 498 A , 406 , 506 cases
2. Please let me know if the I/O can refuse to accept the Streedhan articles which the accused brings to deposit in the police station where FIR is registered?
3. Please let me know if the I/O can refuse to accept the Streedhan by the accused if the complainant refuses to sign and accept the same.
4. Please let me know if the I/O can refuse to issue the receipt of the Streedhan deposited in the police station by the accused?
5. Please let me know if the I/O can deny in the court while getting bail for accused, parents, and relatives as dowry articles not fully recovered if Streedhan has been deposited in the police station and the I/O has not got any bills, evidence from the complainant about the Streedhan list attached in the original complaint?
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please provide me certified copies regarding latest guidelines , circulars issued by you to SSP’s, SHO regarding investigating and verifying the claims of the complainant about Streedhan in 498 A , 406 , 506 cases
2. Please let me know if the I/O can refuse to accept the Streedhan articles which the accused brings to deposit in the police station where FIR is registered?
3. Please let me know if the I/O can refuse to accept the Streedhan by the accused if the complainant refuses to sign and accept the same.
4. Please let me know if the I/O can refuse to issue the receipt of the Streedhan deposited in the police station by the accused?
5. Please let me know if the I/O can deny in the court while getting bail for accused, parents, and relatives as dowry articles not fully recovered if Streedhan has been deposited in the police station and the I/O has not got any bills, evidence from the complainant about the Streedhan list attached in the original complaint?
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
RTI for Police (Evidances Varification
To,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please provide certified copies of directions issued by you to SSP’s, Women Cell, DA Legal to collect, verify and attach the evidences about the claims of expenses incurred on marriage, before and after marriage like the bills of purchase and receipts, cash flow, income tax returns, as mentioned in the complaint copy when they have done investigation and recommend FIR to be made against the persons accused u/s 498 A, 406, 506.
2. Please provide certified copies of directions issued by you to I/O to collect, verify and attach the evidences like the bills of purchase and receipts, cash flow, income tax returns as per the complaint copy before arguing in court for denial of anticipatory bail and seeking police custody of family members and main accused u/s 498 A, 406, 506 as dowry articles are not fully recovered.
3. Please let me know under which all sections of law, SSP, Women cell, DA Legal, SHO, and I/O can be punished if they have not collected , verified and attached evidences about the claims of expenses incurred on marriage, before and after marriage as made in the complaint copy and they register FIR u/s 498 A, 406, 506
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
PIO
O/o DGP-State
Address
Name of the applicant: ----------S/o ----------------------
Residence address: ----------------------------------------Mobile No: --------------
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number “-------------------” has been enclosed along with the application as prescribed under Right to Information Act /Rules 2005. Undersigned is ready to pay processing fee (if any) required to furnish said information.
Particulars of information required under RTI Act 2005 are as fallows:
1. Please provide certified copies of directions issued by you to SSP’s, Women Cell, DA Legal to collect, verify and attach the evidences about the claims of expenses incurred on marriage, before and after marriage like the bills of purchase and receipts, cash flow, income tax returns, as mentioned in the complaint copy when they have done investigation and recommend FIR to be made against the persons accused u/s 498 A, 406, 506.
2. Please provide certified copies of directions issued by you to I/O to collect, verify and attach the evidences like the bills of purchase and receipts, cash flow, income tax returns as per the complaint copy before arguing in court for denial of anticipatory bail and seeking police custody of family members and main accused u/s 498 A, 406, 506 as dowry articles are not fully recovered.
3. Please let me know under which all sections of law, SSP, Women cell, DA Legal, SHO, and I/O can be punished if they have not collected , verified and attached evidences about the claims of expenses incurred on marriage, before and after marriage as made in the complaint copy and they register FIR u/s 498 A, 406, 506
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
Wife Details from School (Government or Pvt School)
THIS RTI TEMPLATE IS FOR ANY SCHOOL (PVT / GOV) AFFILATED TO CBSC BUT IF YOUR WIFE IS WORKING IN ANY SCHOOL AFFILATED TO REGANOL BORD KINDLY WRITE TO CPIO REGIONAL BOARD i.e U P Education Board, Allahabad Board, MP Education Board, ect
To,
Assistant Secretary & C.P.I.O
CBSE, Regional Office,
Subject: Information solicited under Right to Information Act 2005 about teachers working with XYZ SCHOOL, ABC CITY
Sir / Madam,
It is respectfully stated that XYZ School is affiliated with CENTRAL BOARD OF SECONDARY EDUCATION.
Under the provisions of RTI Act 2005, Please furnish the following information by way of certified / attested copies, wherever relevant in the fallowing format about the teaching, Inspection, Official (i.e. accountant, Clerk ect.) staff of junior, middle, higher and senior wing working in said school.
Sr No Branch Name Name Father / Husband Name Job (official / Teacher) Subjects teaching in case of teacher Classes taking ie nursery or class 7, Qualification In hand Salary Drawn Working since (Month / year) Whether job is temporary or permanent (Prepare in Excel format )
The desired information required year wise from 2007 to till date on separate sheet
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number ‘_____________’ has been enclosed with application as prescribed under Right to Information Rules 2005 and Applicant is ready to pay processing fee (if any) required to furnish above said information.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
FOR CPIO LIST CBSC PLEASE VISIT :
http://www.cbse.nic.in/welcome.htm
For other please serch on google
To,
Assistant Secretary & C.P.I.O
CBSE, Regional Office,
Subject: Information solicited under Right to Information Act 2005 about teachers working with XYZ SCHOOL, ABC CITY
Sir / Madam,
It is respectfully stated that XYZ School is affiliated with CENTRAL BOARD OF SECONDARY EDUCATION.
Under the provisions of RTI Act 2005, Please furnish the following information by way of certified / attested copies, wherever relevant in the fallowing format about the teaching, Inspection, Official (i.e. accountant, Clerk ect.) staff of junior, middle, higher and senior wing working in said school.
Sr No Branch Name Name Father / Husband Name Job (official / Teacher) Subjects teaching in case of teacher Classes taking ie nursery or class 7, Qualification In hand Salary Drawn Working since (Month / year) Whether job is temporary or permanent (Prepare in Excel format )
The desired information required year wise from 2007 to till date on separate sheet
Details of payment of filing fees: Initial fee of Rs. 10/- in the way of Postal Order of Rs 10/- bearing serial number ‘_____________’ has been enclosed with application as prescribed under Right to Information Rules 2005 and Applicant is ready to pay processing fee (if any) required to furnish above said information.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of my knowledge it pertains to your esteemed office in your statutory capacity as PIO u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act of your office / department.
Kindly provide me the name & designation of the officer who is providing this information along with the details of appellant authority along with name & designation, as there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by post on the address mentioned below, within 30days (thirty days). As prescribed under the Right of Information rule /Act.
Thanking you,
Yours truly,
FOR CPIO LIST CBSC PLEASE VISIT :
http://www.cbse.nic.in/welcome.htm
For other please serch on google
Wednesday, May 26, 2010
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
CENTRAL INFORMATION COMMISSION
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
Your Name
versus
Department Name i.e Department / Incometax ect City
LIST OF DATES & INDEX OF DOCUMENTS
Description Date Page No.
List of Dates, Index of documents 00.00.00 1
Complaint 00.00.00 2
Order of the first appellate authority 00.00.00 5
First Appeal 00.00.00 6
PIO’s reply 00.00.00 7
RTI application 00.00.00 9
ADVICE TO RESPONDENTS
Regulation 12 of “The Central Information Commission (Management) Regulations, 2007” reads as follows:
Filing of Counter Statement by the Central Public Information Officer or the First Appellate Authority:- After receipt of a copy of the appeal or complaint, the Central Public Information Officer or the First Appellate Authority or the Public Authority shall file counter statement along with documents, if any, pertaining to the case. A copy of the counter statement(s) so filed shall be served to the appellant or complainant by the CPIO, the First Appellate Authority or the Public Authority, as the case may be.
This is for your information and ready reference. Please act accordingly.
Date: Your Name
(Complainant)
CENTRAL INFORMATION COMMISSION
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
Your Name
Address Complainant
VERSUS
1. PIO
PIO Address
2. . Appellant Authority
AA Address Respondents
BRIEF FACTS OF THE CASE
1. The Complainant had filed an application for information on 00.00.00.
2. A letter dated 00.00.00 was received from the PIO in which he has made a sweeping and vague comment but has not provided information.
3. The Complainant preferred first Appeal dated 00.00.0000.
4. Order of the AA, i.e., Respondent No. 2 dated 00.00.00 was received. The Complainant is not satisfied with the order, hence this Complaint.
GROUNDS OF COMPLAINT
1. The complaint is necessary instead of the appeal so that the Commission may conduct a field enquiry in respect of the information which is the subject matter of this complaint.
2. The Complainant submits that both Respondents have flagrantly violated the letter and the spirit of the RTI Act which was enacted to not only ensure access to information but also to fix accountability.
3. The AA has given no opportunity of a hearing to the Complainant.
RELIEFS SOUGHT
1. A thorough enquiry be conducted including inspection of all the sites to which the request for information pertains in order to ascertain the information which the PIO has concealed in a malafide manner.
2. The PIO be directed to provide complete and comprehensive information free of cost in one batch immediately.
3. Penalty be imposed on the PIO under section 20(1) of the Act for denying information in a malafide manner.
4. Disciplinary action be recommended against PIO under section 20(2).
5. The concerned public authority be directed to pay a nominal sum of Rs.20,000 to the Complainant towards costs under section 19(8)(b).
6. Any other directions/orders as the Hon’ble Commission may deem fit may be passed.
Place:
Date:
Your Name
Complaint
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
Your Name
versus
Department Name i.e Department / Incometax ect City
LIST OF DATES & INDEX OF DOCUMENTS
Description Date Page No.
List of Dates, Index of documents 00.00.00 1
Complaint 00.00.00 2
Order of the first appellate authority 00.00.00 5
First Appeal 00.00.00 6
PIO’s reply 00.00.00 7
RTI application 00.00.00 9
ADVICE TO RESPONDENTS
Regulation 12 of “The Central Information Commission (Management) Regulations, 2007” reads as follows:
Filing of Counter Statement by the Central Public Information Officer or the First Appellate Authority:- After receipt of a copy of the appeal or complaint, the Central Public Information Officer or the First Appellate Authority or the Public Authority shall file counter statement along with documents, if any, pertaining to the case. A copy of the counter statement(s) so filed shall be served to the appellant or complainant by the CPIO, the First Appellate Authority or the Public Authority, as the case may be.
This is for your information and ready reference. Please act accordingly.
Date: Your Name
(Complainant)
CENTRAL INFORMATION COMMISSION
COMPLAINT UNDER SECTION 18(1) OF THE RTI ACT 2005
Your Name
Address Complainant
VERSUS
1. PIO
PIO Address
2. . Appellant Authority
AA Address Respondents
BRIEF FACTS OF THE CASE
1. The Complainant had filed an application for information on 00.00.00.
2. A letter dated 00.00.00 was received from the PIO in which he has made a sweeping and vague comment but has not provided information.
3. The Complainant preferred first Appeal dated 00.00.0000.
4. Order of the AA, i.e., Respondent No. 2 dated 00.00.00 was received. The Complainant is not satisfied with the order, hence this Complaint.
GROUNDS OF COMPLAINT
1. The complaint is necessary instead of the appeal so that the Commission may conduct a field enquiry in respect of the information which is the subject matter of this complaint.
2. The Complainant submits that both Respondents have flagrantly violated the letter and the spirit of the RTI Act which was enacted to not only ensure access to information but also to fix accountability.
3. The AA has given no opportunity of a hearing to the Complainant.
RELIEFS SOUGHT
1. A thorough enquiry be conducted including inspection of all the sites to which the request for information pertains in order to ascertain the information which the PIO has concealed in a malafide manner.
2. The PIO be directed to provide complete and comprehensive information free of cost in one batch immediately.
3. Penalty be imposed on the PIO under section 20(1) of the Act for denying information in a malafide manner.
4. Disciplinary action be recommended against PIO under section 20(2).
5. The concerned public authority be directed to pay a nominal sum of Rs.20,000 to the Complainant towards costs under section 19(8)(b).
6. Any other directions/orders as the Hon’ble Commission may deem fit may be passed.
Place:
Date:
Your Name
Complaint
Saturday, May 22, 2010
UNDERSTANDING & USING THE RIGHT TO INFORMATION ACT (“RTI ACT”)
It chapter is a simplified yet correct explanation of the Act. If the contents of this do not satisfy your needs, please refer to the full Act in this Handbook which has many progressive provisions.
NOTES
1. Central Information Commission posts all its decisions on http://cic.gov.in. Since the RTI Act is fairly new, such decisions act as clarifications of many clauses of the Act. Therefore, these decisions become important precedents and must be read regularly.
2. Certain parts of this chapter carry comments in grey colour which enhance your understanding.
3. TEXT IN THIS COLOUR AND STYLE HIGHLIGHTS SHORTCOMINGS IN THE ACT WHICH NEED TO BE REMOVED. WE ARE LOBBYING THE GOVERNMENT TO BRING AN ALL COMPREHENSIVE AMENDMENT TO THE ACT AND MAKE IT AN IDEAL RTI ACT WHICH THE ENTIRE WORLD CAN EMULATE.
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, etc.
2. Inspect documents and records at government offices.
3. Inspect works such as quality of roads.
4. Obtain information in the form of printouts, disks, etc.
5. Take certified samples of materials, such as, polluted water, road material, cement.
COVERAGE AND APPLICABILITY
Any authority, body, institution, department, panchayat, etc. which is part of the government is covered. NGOs substantially financed directly or indirectly by the government are also covered. All such bodies are
referred to as a “Public Authority” in the Act.
THE ACT SHOULD ALSO APPLY TO ALL LISTED COMPANIES, NOT-FOR-PROFIT AND SOCIAL ORGANIZATIONS (NGOS), POLITICAL PARTIES, HOUSING SOCIETIES, ETC., THOUGH A LIMIT COULD BE SET ON THE SCOPE OF INFORMATION AVAILABLE IN SUCH CASES.
Certain intelligence and security organizations are exempt from providing information (see the Second Schedule on the last page of the Act in this book). 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 the state of Jammu and Kashmir.
OBLIGATIONS OF PUBLIC AUTHORITIES
Govt. departments are required to automatically publish a lot of information. Please see Section 4 of the Act.
PUBLIC INFORMATION OFFICERS (PIO)
Every Public Authority (government department) is supposed to appoint a PIO in all its administrative units to provide information to citizens.
Some departments have appointed just one central PIO, whereas others have appointed separate PIOs for separate functions/offices. One way or the other, you’ll be able to find a PIO who will accept your application and provide you information. You may also visit http://rti.gov.in
THE PRACTICE OF DESIGNATING ONE OR MORE PIOS FOR EACH SUB-DEPARTMENT OFTEN CAUSES CONFUSION AND HARASSMENT. TO KNOW WHO IS THE RIGHT PIO IS A DIFFICULT TASK. IDEALLY, THERE SHOULD BE JUST ONE PIO FOR A PUBLIC AUTHORITY, AND SEVERAL ASSISTANT PIOS. THE ACT NEEDS AN AMENDMENT IN THIS RESPECT.
There is 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 immediately to the concerned PIO. Also, an officer
in several post offices acts as an Assistant PIO for many Public Authorities.
Most public authorities have not appointed any APIO. This violates the law. Many NGOs, are pursuing this issue with the 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 penalised in place of the PIO.
APPLYING FOR INFORMATION
1. First you must know the name and address of the concerned PIO. Details in many cases are available on the website of the concerned Public Authority. A visit to http://rti.gov.in may also be useful.
2. Apply in any of the following ways.
THE ACT SAYS THAT YOU CAN APPLY THROUGH ELECTRONIC MEANS. THIS POINTS TO EMAILS. HOWEVER, SINCE FEE CANNOT BE PAID ELECTRONICALLY, THE ONLY WAY TO MAKE AN APPLICATION IS BY A VISIT. THE ACT SHOULD PROVIDE FOR ONLINE
TRANSACTIONS AND ACCEPTANCE OF PERSONAL CHEQUES UPTO A VALUE OF RS.100.
Some states or some public authorities have specified a particular form for application. It is usually titled as “Form A”.
a. Apply on a plain paper in English, Hindi or local language.
b. Use the application form prepared by NyayaBhoomi called “Application Form A”. It contains essential clarifications and instructions for the concerned PIO.
c. If a request cannot be made in writing, the applicant can make an oral request and the PIO will record it in writing.
3. Your application should be accompanied by a fee (1) in cash or (2) by DD or (3) pay order. Fee for all central government public authorities is Rs.10.
Different states have prescribed different rates of fee. For example, for Haryana, it is Rs.50.
Some states also accept fee through other methods. For example, in Haryana, you can pay through treasury challan.
THE STATES HAVE BEEN GIVEN THE POWER TO MAKE RULES. SOME STATES HAVE ALREADY STARTED TO MISUSE THIS POWER IN ORDER TO RENDER THE ACT TOTALLY DUD. FOR EXAMPLE, THEY HAVE PRESCRIBED CHARGES SO HIGH THAT ONE DARE NOT SEEK INFORMATION. RULES OF SOME STATES ARE A CLEAR VIOLATION OF THE ACT ITSELF.
4. Deposit the application together with fee at the counter of the concerned Public Authority. Obtain acknowledgement on the photocopy of the application together with a receipt for the fee. Many public authorities can make you run from pillar to post on one pretext or the other and
hassle you so much that you may give up the idea of filing the application. Usually, they hassle you about application timings, fee deposit methods, and identification of the right PIO. As concerned and responsible citizens, it is our duty to make sure that the public authorities know that such obstacles will not deter us from seeking information. Gradually, the resistance from the government authorities will die down and they will accept RTI as our right.
5. You are not required to give any reason for asking for the information.
6. You are not required to give personal details. Only contact details are sufficient.
7. You must be a citizen of India, but you are not required to give any proof.
8. Only individuals can apply; Corporates, NGOs and institutions cannot apply. However, you can prepare your application on the letter head of an NGO or institution if you want.
HOW DOES A “PIO” DEAL WITH YOUR APPLICATION
1. There are several possible scenarios:
a. The PIO gives/communicates the information to you within 30 days.
b. The PIO is entitled to a short extension of time. (See “Time Limits”)
c. The PIO rejects your request for reasons specified under “Barred Information”. Or he rejects part of your application, and gives you only partial information. (Decide if you should file an appeal. For more guidance, read on)
d. The PIO does not give you the information within the time limit. In this case, he will be deemed to have refused your request for information. (File an appeal)
e. The PIO gives you vague, evasive or partial information. (File an appeal)
f. 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 (if he takes more than 5 days, complaint to Commission).
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.
THE PROVISION DEALING WITH THE TRANSFER OF YOUR REQUEST IS APPLICABLE ONLY WHEN THE TRANSFER IS MADE FROM ONE PUBLIC AUTHORITY TO ANOTHER PUBLIC AUTHORITY. HOWEVER, PIOS REGULARLY MISUSE THIS PROVISION FOR EVEN
FORWARDING THE APPLICATION TO ANOTHER PART OF THEIR OWN DEPARTMENT. FORTUNATELY, IN A DECISION, THE CENTRAL COMMISSION HAS CLARIFIED THAT SUCH A PRACTICE IS NOT ONLY UNACCEPTABLE, BUT ALSO A PIO CANNOT FORWARD AN
APPLICATION WITHIN HIS OWN DEPARTMENT. THE PIO WITH WHOM THE APPLICATION IS MARKED HAS TO PROVIDE THE INFORMATION & HE CANNOT FORWARD IT ANOTHER PIO IN HIS OWN DEPARTMENT.
g. 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
a. the reasons for rejection/decision
b. the period within which you may make an appeal, and
c. the particulars of the appellate authority
FEES
1. A fee of Rs.10 is deposited along with the application if it is a central government public authority.
2. Different state government have prescribed different fees. Usually, it is not over Rs.50 per application.
3. There is no fee if the applicant belongs to “Below Poverty Line” category.
4. If the PIO exceeds time limit, information will be given free of charge no matter how high the cost is.
5. In many cases, payment of further fee may be required. The PIO shall intimate the calculations of further fees in writing, and request you to deposit this. He will also intimate
a. your right to review of fee
b. to whom to request for review
c. the process and time frame for review
6. The following standard charges will apply in the case of central government public authorities;
a. Rs.2 for each page created or copied or photocopied upto A3 size.
b. Actual charge for larger sizes
c. Actual cost or price for samples and models, and published material at the price fixed
d. Rs.50 for each CD, floppy disk or other similar media
e. For inspection of records, no fee for the first hour and Rs.5 for each subsequent hour
7. 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.
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 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. Go to appeal. Refusal is different from rejection. PIO has the right to reject, but has no right ever to 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.
THE ACT STIPULATES THAT WHEN IT CONCERNS THE LIFE OR LIBERTY OF A PERSON, INFORMATION SHALL BE PROVIDED WITHIN 48 HOURS. HOWEVER, IF THE REQUEST FOR INFORMATION IS REFUSED/REJECTED, THE PROCEDURE FOR THE FIRST APPEAL TAKES THE USUAL 30 DAYS. THE PERSON MAY WELL BE DEAD IN THAT TIME PERIOD.
7. Second appeal may be made within 90 days. More time may be given on reasonable grounds. The commission generally gives its decision within 90 days.
8. Where the fee is more, intervening period between intimation by the PIO and receipt of fee by him will be added to the applicable time limit.
9. In cases of human rights violation where the Commission’s approval is necessary, the information will be supplied within 45 days.
10. 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.
11. If the third party objects, then the third party will go through standard appeals process.
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.
BARRED INFORMATION WHICH CANNOT BE DISCLOSED TO YOU
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 endanger the life or physical safety of any person.
5. Information which would impede investigation or apprehension or prosecution of offenders.
6. Information which may harm commercial interests of a third party unless larger public interest is served.
7. Information available to a person in his fiduciary relationship unless larger public interest is served.
8. No copyrighted information can be provided.
9. Cabinet papers generated during the process of making a decision cannot be disclosed until the decision has been taken.
10. Personal information which serves no public interest, or 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.
EXEMPTIONS
1. Regardless of exemptions, PIO may allow access if public interest outweighs harm to protected interests.
2. Any 20 year old information shall be open for access. Decision about when 20 years end shall be taken by the Central Government but will be subject to the usual appeals provided for in this Act.
APPEALS
1. There are two levels of appeal: the First appeal, and the Second appeal.
2. In case of no or bad decision, first appeal may be preferred within 30 days. 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.
3. In appeal proceedings, the onus to prove that a denial was justified shall be on the PIO.
4. First appeal shall be disposed of within 30 days. May be 45 days for reasons recorded in writing
5. First appeal may be preferred in writing on a plain paper and should include:
“ First Appeal”. It includes columns/fields for all of the
essential details listed below.
a. name/designation and address of the first appellate authority
b. your name and contact details
c. concerned PIO’s name and designation
d. application ID no. and/or fee receipt no. issued by the authority at the time of applying, if any
e. photocopy of the application form – if the enclosures are too many, don’t enclose them
f. photocopy of the rejection letter or reply, if available
g. detailed “grounds of appeal”
h. “prayers” – this is basically a list of your demands/requests to the
first appellate authority
IT IS OUR EXPERIENCE THAT THE FIRST APPEAL IS NORMALLY, BUT NOT ALWAYS, A SHAM. BEFORE REJECTING YOUR APPLICATION, THE PIO USUALLY CONSULTS THE OFFICER WHO WILL BE THE FIRST APPELLATE AUTHORITY, AND IT IS WITH HIS COVERT SUPPORT THAT THE APPLICATION IS FULLY OR PARTIALLY REJECTED. WHEN THE APPEAL GOES TO THE FIRST APPELLATE AUTHORITY, HE WOULD HAVE ALREADY MADE HIS DECISION TO DISMISS YOUR APPEAL ON ONE GROUND OR THE OTHER. THEREFORE, WE ARE OF THE BELIEF THAT THE FIRST APPEAL REQUIREMENT IS MEANINGLESS AND SHOULD BE DELETED. WE ARE LOBBYING THE GOVERNMENT FOR AN AMENDMENT IN THE ACT.
6. 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.
7. No time limit has been set in the Act for the disposal of appeal with the Commission. It is a shortcoming of the Act which we are pursuing with the government. Usually, the Central Information Commission delivers its decision within 90 days.
THE ACT HAS NOT PUT A CAP ON THE TIME WITHIN WHICH AN APPEAL WITH THE COMMISSION HAS TO BE DISPOSED OF. IN THEORY, THE COMMISSION COULD TAKE 50 YEARS IF IT WANTED TO.
8. The decision of the Commission shall be binding. However, you are always at liberty to approach a High Court with a writ petition.
9. 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.
THERE IS NO PROVISION FOR MONETARY PENALTY IN THE FIRST APPEAL. IT EFFECTIVELY GIVES A PIO ANOTHER UPTO 30 DAYS DURING WHICH YOU WILL HAVE TO FILE THE FIRST APPEAL, AND THEN AGAIN 30 MORE DAYS FOR THE FIRST APPEAL TO BE DISPOSED OF. WHEN THE FIRST APPEAL IS SUCCESSFUL, THE PIO IS AGAIN USUALLY GIVEN 15 DAYS TO PROVIDE THE INFORMATION. THE ENTIRE PROCESS RESULTS IN A PERIOD OF 105 DAYS BEING AVAILABLE TO A PIO TO PROVIDE YOU THE
INFORMATION WITHOUT THE FEAR OF PENALTY ON ACCOUNT OF THE DELAY. THE PROVISION FOR MONETARY PENALTY SEEMS TO HAVE BEEN LEFT AT THE DISCRETION OF THE COMMISSION. PUTTING AN UPPER LIMIT ON THE PENALTY AMOUNT MAY ALSO GIVE LEEWAY TO GOVERNMENT OFFICERS WHO ARE INVOLVED IN LARGE SCALE
CORRUPTION AND WHERE EVIDENCE MAY BE TAMPERED WITH IF TIME IS ON THE OFFICERS’ SIDE.
10. In its decision, the Commission may require the Public Authority to compensate the complainant.
INFORMATION COMMISSIONS
1. Throughout this Handbook, 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 all independent bodies. No appeal against a decision of a State Commission lies with the Central Commission.
IDEALLY, THE FIRST APPEAL SHOULD LIE WITH THE STATE INFORMATION COMMISSIONS, AND THE SECOND APPEAL SHOULD GO TO CENTRAL COMMISSION. IN THE CASE OF CENTRAL PUBLIC AUTHORITIES, A SEPARATE BODY SHOULD BE ESTABLISHED FOR FIRST APPEALS. THIS HAS NOT BEEN PROVIDED FOR. THIS MAY CRIPPLE THE ACT IN STATES WHERE LOCAL INFLUENCE AND POLITICS CASTS ITS SHADOW ON STATE INSTITUTIONS.
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. HO 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:
a. PIO has not been appointed, or the Assistant PIO has refused to accept an application
b. information is not given, or is incomplete, misleading, or false
c. time limits are not met
d. amount of fee is seen as unreasonable
e. in respect of any other matter relating to RTI
For b, c and d above, instead of a complaint, it is best to go for First Appeal and if necessary, then the Second Appeal.
5. Commissions shall have the same powers as a civil court. They can
a. summon persons, compel them to give evidence and produce documents or things
b. require the discovery of documents
c. 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. Where 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.
OTHER IMPORTANT POINTS
PUBLIC AUTHORITIES RARELY TAKEN ACTION ON YOUR COMPLAINTS, AND RARER STILL IS THE FEEDBACK TO YOU ON WHAT HAPPENED. THE ONLY RECOURSE IS FOR YOU TO LODGE A COMPLAINT FIRST, AND THEN SEEK INFORMATION UNDER THE ACT AFTER
A WEEK. IT WOULD HAVE BEEN FAR MORE EFFECTIVE, TIME AND COST SAVING, AND TRUST BUILDING IF THE ACT ITSELF HAD PROVIDED FOR A COMPLAINT HANDLING MECHANISM. UNDER THIS, YOU COULD LODGE A COMPLAINT AND BE ENTITLED TO GETTING THE FINAL REPORT AUTOMATICALLY WITHIN 30 DAYS. OFTEN, YOU MAY WANT INFORMATION WHICH IS NOT STATIC BUT CONTINUES TO EVOLVE. FOR INSTANCE, YOU MAY WANT A PROGRESS REPORT IN A PARTICULAR INVESTIGATION, OR THE STATUS OF A PARTICULAR PROJECT. IT IS QUITE OBVIOUS THAT YOUR INTENTION IS TO BE KEPT UPDATED AS THINGS MOVE ALONG. THE ACT DOES NOT CLEARLY PROVIDE FOR SUCH A POSSIBILITY. ONCE YOU HAVE GOT ACCESS TO INFORMATION AVAILABLE AT A GIVEN POINT WITHIN 30 DAYS AS REQUESTED IN YOUR APPLICATION, THAT APPLICATION IS DEEMED TO HAVE BEEN DISPOSED OF. TO RECEIVE FURTHER RELATED INFORMATION THAT GETS CREATED IN FUTURE, YOU WILL HAVE TO APPLY AGAIN.
NOTES
1. Central Information Commission posts all its decisions on http://cic.gov.in. Since the RTI Act is fairly new, such decisions act as clarifications of many clauses of the Act. Therefore, these decisions become important precedents and must be read regularly.
2. Certain parts of this chapter carry comments in grey colour which enhance your understanding.
3. TEXT IN THIS COLOUR AND STYLE HIGHLIGHTS SHORTCOMINGS IN THE ACT WHICH NEED TO BE REMOVED. WE ARE LOBBYING THE GOVERNMENT TO BRING AN ALL COMPREHENSIVE AMENDMENT TO THE ACT AND MAKE IT AN IDEAL RTI ACT WHICH THE ENTIRE WORLD CAN EMULATE.
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, etc.
2. Inspect documents and records at government offices.
3. Inspect works such as quality of roads.
4. Obtain information in the form of printouts, disks, etc.
5. Take certified samples of materials, such as, polluted water, road material, cement.
COVERAGE AND APPLICABILITY
Any authority, body, institution, department, panchayat, etc. which is part of the government is covered. NGOs substantially financed directly or indirectly by the government are also covered. All such bodies are
referred to as a “Public Authority” in the Act.
THE ACT SHOULD ALSO APPLY TO ALL LISTED COMPANIES, NOT-FOR-PROFIT AND SOCIAL ORGANIZATIONS (NGOS), POLITICAL PARTIES, HOUSING SOCIETIES, ETC., THOUGH A LIMIT COULD BE SET ON THE SCOPE OF INFORMATION AVAILABLE IN SUCH CASES.
Certain intelligence and security organizations are exempt from providing information (see the Second Schedule on the last page of the Act in this book). 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 the state of Jammu and Kashmir.
OBLIGATIONS OF PUBLIC AUTHORITIES
Govt. departments are required to automatically publish a lot of information. Please see Section 4 of the Act.
PUBLIC INFORMATION OFFICERS (PIO)
Every Public Authority (government department) is supposed to appoint a PIO in all its administrative units to provide information to citizens.
Some departments have appointed just one central PIO, whereas others have appointed separate PIOs for separate functions/offices. One way or the other, you’ll be able to find a PIO who will accept your application and provide you information. You may also visit http://rti.gov.in
THE PRACTICE OF DESIGNATING ONE OR MORE PIOS FOR EACH SUB-DEPARTMENT OFTEN CAUSES CONFUSION AND HARASSMENT. TO KNOW WHO IS THE RIGHT PIO IS A DIFFICULT TASK. IDEALLY, THERE SHOULD BE JUST ONE PIO FOR A PUBLIC AUTHORITY, AND SEVERAL ASSISTANT PIOS. THE ACT NEEDS AN AMENDMENT IN THIS RESPECT.
There is 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 immediately to the concerned PIO. Also, an officer
in several post offices acts as an Assistant PIO for many Public Authorities.
Most public authorities have not appointed any APIO. This violates the law. Many NGOs, are pursuing this issue with the 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 penalised in place of the PIO.
APPLYING FOR INFORMATION
1. First you must know the name and address of the concerned PIO. Details in many cases are available on the website of the concerned Public Authority. A visit to http://rti.gov.in may also be useful.
2. Apply in any of the following ways.
THE ACT SAYS THAT YOU CAN APPLY THROUGH ELECTRONIC MEANS. THIS POINTS TO EMAILS. HOWEVER, SINCE FEE CANNOT BE PAID ELECTRONICALLY, THE ONLY WAY TO MAKE AN APPLICATION IS BY A VISIT. THE ACT SHOULD PROVIDE FOR ONLINE
TRANSACTIONS AND ACCEPTANCE OF PERSONAL CHEQUES UPTO A VALUE OF RS.100.
Some states or some public authorities have specified a particular form for application. It is usually titled as “Form A”.
a. Apply on a plain paper in English, Hindi or local language.
b. Use the application form prepared by NyayaBhoomi called “Application Form A”. It contains essential clarifications and instructions for the concerned PIO.
c. If a request cannot be made in writing, the applicant can make an oral request and the PIO will record it in writing.
3. Your application should be accompanied by a fee (1) in cash or (2) by DD or (3) pay order. Fee for all central government public authorities is Rs.10.
Different states have prescribed different rates of fee. For example, for Haryana, it is Rs.50.
Some states also accept fee through other methods. For example, in Haryana, you can pay through treasury challan.
THE STATES HAVE BEEN GIVEN THE POWER TO MAKE RULES. SOME STATES HAVE ALREADY STARTED TO MISUSE THIS POWER IN ORDER TO RENDER THE ACT TOTALLY DUD. FOR EXAMPLE, THEY HAVE PRESCRIBED CHARGES SO HIGH THAT ONE DARE NOT SEEK INFORMATION. RULES OF SOME STATES ARE A CLEAR VIOLATION OF THE ACT ITSELF.
4. Deposit the application together with fee at the counter of the concerned Public Authority. Obtain acknowledgement on the photocopy of the application together with a receipt for the fee. Many public authorities can make you run from pillar to post on one pretext or the other and
hassle you so much that you may give up the idea of filing the application. Usually, they hassle you about application timings, fee deposit methods, and identification of the right PIO. As concerned and responsible citizens, it is our duty to make sure that the public authorities know that such obstacles will not deter us from seeking information. Gradually, the resistance from the government authorities will die down and they will accept RTI as our right.
5. You are not required to give any reason for asking for the information.
6. You are not required to give personal details. Only contact details are sufficient.
7. You must be a citizen of India, but you are not required to give any proof.
8. Only individuals can apply; Corporates, NGOs and institutions cannot apply. However, you can prepare your application on the letter head of an NGO or institution if you want.
HOW DOES A “PIO” DEAL WITH YOUR APPLICATION
1. There are several possible scenarios:
a. The PIO gives/communicates the information to you within 30 days.
b. The PIO is entitled to a short extension of time. (See “Time Limits”)
c. The PIO rejects your request for reasons specified under “Barred Information”. Or he rejects part of your application, and gives you only partial information. (Decide if you should file an appeal. For more guidance, read on)
d. The PIO does not give you the information within the time limit. In this case, he will be deemed to have refused your request for information. (File an appeal)
e. The PIO gives you vague, evasive or partial information. (File an appeal)
f. 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 (if he takes more than 5 days, complaint to Commission).
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.
THE PROVISION DEALING WITH THE TRANSFER OF YOUR REQUEST IS APPLICABLE ONLY WHEN THE TRANSFER IS MADE FROM ONE PUBLIC AUTHORITY TO ANOTHER PUBLIC AUTHORITY. HOWEVER, PIOS REGULARLY MISUSE THIS PROVISION FOR EVEN
FORWARDING THE APPLICATION TO ANOTHER PART OF THEIR OWN DEPARTMENT. FORTUNATELY, IN A DECISION, THE CENTRAL COMMISSION HAS CLARIFIED THAT SUCH A PRACTICE IS NOT ONLY UNACCEPTABLE, BUT ALSO A PIO CANNOT FORWARD AN
APPLICATION WITHIN HIS OWN DEPARTMENT. THE PIO WITH WHOM THE APPLICATION IS MARKED HAS TO PROVIDE THE INFORMATION & HE CANNOT FORWARD IT ANOTHER PIO IN HIS OWN DEPARTMENT.
g. 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
a. the reasons for rejection/decision
b. the period within which you may make an appeal, and
c. the particulars of the appellate authority
FEES
1. A fee of Rs.10 is deposited along with the application if it is a central government public authority.
2. Different state government have prescribed different fees. Usually, it is not over Rs.50 per application.
3. There is no fee if the applicant belongs to “Below Poverty Line” category.
4. If the PIO exceeds time limit, information will be given free of charge no matter how high the cost is.
5. In many cases, payment of further fee may be required. The PIO shall intimate the calculations of further fees in writing, and request you to deposit this. He will also intimate
a. your right to review of fee
b. to whom to request for review
c. the process and time frame for review
6. The following standard charges will apply in the case of central government public authorities;
a. Rs.2 for each page created or copied or photocopied upto A3 size.
b. Actual charge for larger sizes
c. Actual cost or price for samples and models, and published material at the price fixed
d. Rs.50 for each CD, floppy disk or other similar media
e. For inspection of records, no fee for the first hour and Rs.5 for each subsequent hour
7. 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.
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 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. Go to appeal. Refusal is different from rejection. PIO has the right to reject, but has no right ever to 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.
THE ACT STIPULATES THAT WHEN IT CONCERNS THE LIFE OR LIBERTY OF A PERSON, INFORMATION SHALL BE PROVIDED WITHIN 48 HOURS. HOWEVER, IF THE REQUEST FOR INFORMATION IS REFUSED/REJECTED, THE PROCEDURE FOR THE FIRST APPEAL TAKES THE USUAL 30 DAYS. THE PERSON MAY WELL BE DEAD IN THAT TIME PERIOD.
7. Second appeal may be made within 90 days. More time may be given on reasonable grounds. The commission generally gives its decision within 90 days.
8. Where the fee is more, intervening period between intimation by the PIO and receipt of fee by him will be added to the applicable time limit.
9. In cases of human rights violation where the Commission’s approval is necessary, the information will be supplied within 45 days.
10. 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.
11. If the third party objects, then the third party will go through standard appeals process.
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.
BARRED INFORMATION WHICH CANNOT BE DISCLOSED TO YOU
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 endanger the life or physical safety of any person.
5. Information which would impede investigation or apprehension or prosecution of offenders.
6. Information which may harm commercial interests of a third party unless larger public interest is served.
7. Information available to a person in his fiduciary relationship unless larger public interest is served.
8. No copyrighted information can be provided.
9. Cabinet papers generated during the process of making a decision cannot be disclosed until the decision has been taken.
10. Personal information which serves no public interest, or 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.
EXEMPTIONS
1. Regardless of exemptions, PIO may allow access if public interest outweighs harm to protected interests.
2. Any 20 year old information shall be open for access. Decision about when 20 years end shall be taken by the Central Government but will be subject to the usual appeals provided for in this Act.
APPEALS
1. There are two levels of appeal: the First appeal, and the Second appeal.
2. In case of no or bad decision, first appeal may be preferred within 30 days. 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.
3. In appeal proceedings, the onus to prove that a denial was justified shall be on the PIO.
4. First appeal shall be disposed of within 30 days. May be 45 days for reasons recorded in writing
5. First appeal may be preferred in writing on a plain paper and should include:
“ First Appeal”. It includes columns/fields for all of the
essential details listed below.
a. name/designation and address of the first appellate authority
b. your name and contact details
c. concerned PIO’s name and designation
d. application ID no. and/or fee receipt no. issued by the authority at the time of applying, if any
e. photocopy of the application form – if the enclosures are too many, don’t enclose them
f. photocopy of the rejection letter or reply, if available
g. detailed “grounds of appeal”
h. “prayers” – this is basically a list of your demands/requests to the
first appellate authority
IT IS OUR EXPERIENCE THAT THE FIRST APPEAL IS NORMALLY, BUT NOT ALWAYS, A SHAM. BEFORE REJECTING YOUR APPLICATION, THE PIO USUALLY CONSULTS THE OFFICER WHO WILL BE THE FIRST APPELLATE AUTHORITY, AND IT IS WITH HIS COVERT SUPPORT THAT THE APPLICATION IS FULLY OR PARTIALLY REJECTED. WHEN THE APPEAL GOES TO THE FIRST APPELLATE AUTHORITY, HE WOULD HAVE ALREADY MADE HIS DECISION TO DISMISS YOUR APPEAL ON ONE GROUND OR THE OTHER. THEREFORE, WE ARE OF THE BELIEF THAT THE FIRST APPEAL REQUIREMENT IS MEANINGLESS AND SHOULD BE DELETED. WE ARE LOBBYING THE GOVERNMENT FOR AN AMENDMENT IN THE ACT.
6. 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.
7. No time limit has been set in the Act for the disposal of appeal with the Commission. It is a shortcoming of the Act which we are pursuing with the government. Usually, the Central Information Commission delivers its decision within 90 days.
THE ACT HAS NOT PUT A CAP ON THE TIME WITHIN WHICH AN APPEAL WITH THE COMMISSION HAS TO BE DISPOSED OF. IN THEORY, THE COMMISSION COULD TAKE 50 YEARS IF IT WANTED TO.
8. The decision of the Commission shall be binding. However, you are always at liberty to approach a High Court with a writ petition.
9. 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.
THERE IS NO PROVISION FOR MONETARY PENALTY IN THE FIRST APPEAL. IT EFFECTIVELY GIVES A PIO ANOTHER UPTO 30 DAYS DURING WHICH YOU WILL HAVE TO FILE THE FIRST APPEAL, AND THEN AGAIN 30 MORE DAYS FOR THE FIRST APPEAL TO BE DISPOSED OF. WHEN THE FIRST APPEAL IS SUCCESSFUL, THE PIO IS AGAIN USUALLY GIVEN 15 DAYS TO PROVIDE THE INFORMATION. THE ENTIRE PROCESS RESULTS IN A PERIOD OF 105 DAYS BEING AVAILABLE TO A PIO TO PROVIDE YOU THE
INFORMATION WITHOUT THE FEAR OF PENALTY ON ACCOUNT OF THE DELAY. THE PROVISION FOR MONETARY PENALTY SEEMS TO HAVE BEEN LEFT AT THE DISCRETION OF THE COMMISSION. PUTTING AN UPPER LIMIT ON THE PENALTY AMOUNT MAY ALSO GIVE LEEWAY TO GOVERNMENT OFFICERS WHO ARE INVOLVED IN LARGE SCALE
CORRUPTION AND WHERE EVIDENCE MAY BE TAMPERED WITH IF TIME IS ON THE OFFICERS’ SIDE.
10. In its decision, the Commission may require the Public Authority to compensate the complainant.
INFORMATION COMMISSIONS
1. Throughout this Handbook, 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 all independent bodies. No appeal against a decision of a State Commission lies with the Central Commission.
IDEALLY, THE FIRST APPEAL SHOULD LIE WITH THE STATE INFORMATION COMMISSIONS, AND THE SECOND APPEAL SHOULD GO TO CENTRAL COMMISSION. IN THE CASE OF CENTRAL PUBLIC AUTHORITIES, A SEPARATE BODY SHOULD BE ESTABLISHED FOR FIRST APPEALS. THIS HAS NOT BEEN PROVIDED FOR. THIS MAY CRIPPLE THE ACT IN STATES WHERE LOCAL INFLUENCE AND POLITICS CASTS ITS SHADOW ON STATE INSTITUTIONS.
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. HO 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:
a. PIO has not been appointed, or the Assistant PIO has refused to accept an application
b. information is not given, or is incomplete, misleading, or false
c. time limits are not met
d. amount of fee is seen as unreasonable
e. in respect of any other matter relating to RTI
For b, c and d above, instead of a complaint, it is best to go for First Appeal and if necessary, then the Second Appeal.
5. Commissions shall have the same powers as a civil court. They can
a. summon persons, compel them to give evidence and produce documents or things
b. require the discovery of documents
c. 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. Where 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.
OTHER IMPORTANT POINTS
PUBLIC AUTHORITIES RARELY TAKEN ACTION ON YOUR COMPLAINTS, AND RARER STILL IS THE FEEDBACK TO YOU ON WHAT HAPPENED. THE ONLY RECOURSE IS FOR YOU TO LODGE A COMPLAINT FIRST, AND THEN SEEK INFORMATION UNDER THE ACT AFTER
A WEEK. IT WOULD HAVE BEEN FAR MORE EFFECTIVE, TIME AND COST SAVING, AND TRUST BUILDING IF THE ACT ITSELF HAD PROVIDED FOR A COMPLAINT HANDLING MECHANISM. UNDER THIS, YOU COULD LODGE A COMPLAINT AND BE ENTITLED TO GETTING THE FINAL REPORT AUTOMATICALLY WITHIN 30 DAYS. OFTEN, YOU MAY WANT INFORMATION WHICH IS NOT STATIC BUT CONTINUES TO EVOLVE. FOR INSTANCE, YOU MAY WANT A PROGRESS REPORT IN A PARTICULAR INVESTIGATION, OR THE STATUS OF A PARTICULAR PROJECT. IT IS QUITE OBVIOUS THAT YOUR INTENTION IS TO BE KEPT UPDATED AS THINGS MOVE ALONG. THE ACT DOES NOT CLEARLY PROVIDE FOR SUCH A POSSIBILITY. ONCE YOU HAVE GOT ACCESS TO INFORMATION AVAILABLE AT A GIVEN POINT WITHIN 30 DAYS AS REQUESTED IN YOUR APPLICATION, THAT APPLICATION IS DEEMED TO HAVE BEEN DISPOSED OF. TO RECEIVE FURTHER RELATED INFORMATION THAT GETS CREATED IN FUTURE, YOU WILL HAVE TO APPLY AGAIN.
IMPORTANT GUIDELINES
The degree of your success with RTI depends upon how you frame your questions. Be specific, clear and comprehensive about the information you need or the work and records that you want to inspect, or the
certified samples of materials that you want to collect. Do not hesitate to write them in as much detail as is necessary. Write them in the form of a list. Make sure each point deals with just one piece of information or work or record. And then write as many points or sub-points as you want. Do not hesitate even if the whole application becomes thicker than an encyclopaedia.
2. Try to limit one application to one subject. You are more likely to get more information within the time limits in this way rather than by stuffing a lot of related questions and requests in a single application.
3. The more you already know about the department and its functioning, the more effective your questions will be. Therefore, try to get the application verified by someone who is from within the system.
4. Government departments normally ignore your complaints and reports of corruption. To force them to act on them, we have devised a highly successful strategy as follows:
a. Send a complaint to the department concerned.
b. Make sure that you send a copy of this letter to other appropriate agencies such as CBI, CVC, Anti-Corruption Branch of the state government, etc. by registered or speed post.
c. A week after sending this letter, file your application for information with not only the public authority, but also CBI, CVC and other anti-corruption agencies to whom copies were sent. The applications should be to seek status of your complaint.
d. Since the CBI, CVC etc. have to provide you the information requested, they will first seek this information from the concerned public authority by writing to them.
e. Imagine a government officer receiving a letter from CBI talking about corruption and seeking a status report. YOUR WORK IS CONSIDERED DONE!
5. Use faxes and emails, but make sure you have a proof of every communication that you send to PIOs, appellate authorities, and Commissions. Regd./Speed post are the best methods for sending applications, complaints and appeals. For reminders and the rest, use normal post UPC (“Under Postal Certificate”).
6. After filing your application, it is best to send a reminder by fax, email or phone after 10 days. In some cases, the public authorities simply lose or forget about the application. Therefore, a reminder will help.
7. Send a fortnightly reminder to CIC/SICs.
8. If you face any resistance, incompetence, inefficiency or lack of interest in implementing the RTI in any of the Public Authorities, do bring this to the notice of the Commission by writing to them.
9. Many state governments had enacted their own RTI laws. Now, however, the central RTI Act has come into force and it is more powerful and effective. So you do not need to use any of the state RTI laws.
10. Do forward us a summary of your success story together with copies of all documents upon receipt of information. There is always something to be learnt from each application. We will try to post every application on the website for the benefit of others.
certified samples of materials that you want to collect. Do not hesitate to write them in as much detail as is necessary. Write them in the form of a list. Make sure each point deals with just one piece of information or work or record. And then write as many points or sub-points as you want. Do not hesitate even if the whole application becomes thicker than an encyclopaedia.
2. Try to limit one application to one subject. You are more likely to get more information within the time limits in this way rather than by stuffing a lot of related questions and requests in a single application.
3. The more you already know about the department and its functioning, the more effective your questions will be. Therefore, try to get the application verified by someone who is from within the system.
4. Government departments normally ignore your complaints and reports of corruption. To force them to act on them, we have devised a highly successful strategy as follows:
a. Send a complaint to the department concerned.
b. Make sure that you send a copy of this letter to other appropriate agencies such as CBI, CVC, Anti-Corruption Branch of the state government, etc. by registered or speed post.
c. A week after sending this letter, file your application for information with not only the public authority, but also CBI, CVC and other anti-corruption agencies to whom copies were sent. The applications should be to seek status of your complaint.
d. Since the CBI, CVC etc. have to provide you the information requested, they will first seek this information from the concerned public authority by writing to them.
e. Imagine a government officer receiving a letter from CBI talking about corruption and seeking a status report. YOUR WORK IS CONSIDERED DONE!
5. Use faxes and emails, but make sure you have a proof of every communication that you send to PIOs, appellate authorities, and Commissions. Regd./Speed post are the best methods for sending applications, complaints and appeals. For reminders and the rest, use normal post UPC (“Under Postal Certificate”).
6. After filing your application, it is best to send a reminder by fax, email or phone after 10 days. In some cases, the public authorities simply lose or forget about the application. Therefore, a reminder will help.
7. Send a fortnightly reminder to CIC/SICs.
8. If you face any resistance, incompetence, inefficiency or lack of interest in implementing the RTI in any of the Public Authorities, do bring this to the notice of the Commission by writing to them.
9. Many state governments had enacted their own RTI laws. Now, however, the central RTI Act has come into force and it is more powerful and effective. So you do not need to use any of the state RTI laws.
10. Do forward us a summary of your success story together with copies of all documents upon receipt of information. There is always something to be learnt from each application. We will try to post every application on the website for the benefit of others.
HOW TO USE THE INFORMATION OBTAINED
Information is meaningless and useless if it cannot be put to good use. You have obtained information from the government department and you have got the evidence of corruption in your hands. What do you do
now? What is the next logical step? Of course, the next step would be to let people know and bring the guilty to book. Some of the most effective
methods are listed below:
1. Submit your findings to various vigilance agencies such as CBI, Central Vigilance Commission, local police, etc. and ask them to take action. Also ask them to tell you within 15 days what action will be taken.
2. Write to the concerned department and mark copies to your local MLA, MP, Chief Minister, Prime Minister, High Court, etc. Send them all proof and ask them to take action, and give you a status report within 15 days.
3. After a gap of three weeks, file RTI applications with every government agency to whom you had sent your findings, and demand status report on your complaint. Since they have to give you the status report, and they cannot afford to say “we have done nothing”, they will first take action and then give you a positive status report. If nothing at all, they will start an investigation in the matter. You should file an application every month for an update on the status of investigation.
4. Plan and organize a Jan Sunwai and invite the media, RWAs, other NGOs, politicians. It is a gathering of affected and interested people before whom all facts, records and evidences are placed.
5. Make your findings public through media, your personal contacts, NGOs/RWAs and by holding street or colony level meetings.
6. Send all details in a file and we might be able to suggest additional ways of using the information to good effect. Using your initial discovery, we may perhaps help you discover and expose even more corruption.
Since even CBI and CVC are now bound by law to respond to your RTI application, they will first have to take some action and then report this to you. Imagine, the corrupt government officer or department receiving a letter from CBI asking uncomfortable questions!
now? What is the next logical step? Of course, the next step would be to let people know and bring the guilty to book. Some of the most effective
methods are listed below:
1. Submit your findings to various vigilance agencies such as CBI, Central Vigilance Commission, local police, etc. and ask them to take action. Also ask them to tell you within 15 days what action will be taken.
2. Write to the concerned department and mark copies to your local MLA, MP, Chief Minister, Prime Minister, High Court, etc. Send them all proof and ask them to take action, and give you a status report within 15 days.
3. After a gap of three weeks, file RTI applications with every government agency to whom you had sent your findings, and demand status report on your complaint. Since they have to give you the status report, and they cannot afford to say “we have done nothing”, they will first take action and then give you a positive status report. If nothing at all, they will start an investigation in the matter. You should file an application every month for an update on the status of investigation.
4. Plan and organize a Jan Sunwai and invite the media, RWAs, other NGOs, politicians. It is a gathering of affected and interested people before whom all facts, records and evidences are placed.
5. Make your findings public through media, your personal contacts, NGOs/RWAs and by holding street or colony level meetings.
6. Send all details in a file and we might be able to suggest additional ways of using the information to good effect. Using your initial discovery, we may perhaps help you discover and expose even more corruption.
Since even CBI and CVC are now bound by law to respond to your RTI application, they will first have to take some action and then report this to you. Imagine, the corrupt government officer or department receiving a letter from CBI asking uncomfortable questions!
DECISIONS & IMPLICATIONS
DECISIONS & IMPLICATIONS
1. Information includes file notings. (ICPB/A-1/CIC/2006 dated 31.01.06)
2. A public authority can divide responsibilities amongst PIOs, but every PIO has to accept every application. (10/1/2005/CIC dated 25.02.06)
3. The PIO with whom the application is submitted has to provide the information. He cannot forward to another PIO within his department. Also, he cannot ask the applicant to approach another PIO for submission or obtaining information. (ICPB/C1/CIC/2006 dated 06.03.06)
4. Only PIOs can provide information. Other officers and APIOs cannot provide information. APIOs job is to only forward the application or the appeal. (10/1/2005/CIC dated 25.02.06)
5. Transfer under section 6(3) is not possible within a single public authority. (10/1/2005/CIC dated 25.02.06 & ICPB/C1/CIC/2006 dated 06.03.06)
6. A public authority can prescribe a form for making application. However, it was clarified in a subsequent review order that an application can still be made on plain paper and it cannot be rejected. (CIC/C/I/2006 dated 16.01.06 & CICI/C/1/2006 dated 30.01.06)
7. The onus for timely dispatch of replies is on the PIO alone. (CIC/OK/A/2006/00049 dated 02.05.06)
8. An appellant can seek the help of others in proceedings. (10/1/2005/CIC dt. 25.02.06)
9. One has to serve documents on the opposite parties also. (10/1/2005/CIC dt. 25.02.06)
10. It is possible to seek reviews of Commission’s decisions. (CICI/C/1/2006 dated 30.01.06 & CIC/A/3/2006 dated 03.04.06)
11. An appellant has a right to be heard by the first appellate authority. (CIC/AT/A/2006/00040 dated 27.03.06)
12. A public authority can only ask for costs as prescribed in the Act and the Rules, and cannot ask for compensation for their time and other costs incurred. (23/IC(A)/2006 dated 10.04.06)
13. Use of lawyers for representation is discouraged by the Commission. (CIC/MA/A/2005/00004 dated 02.05.06)
14. Even if the information is available on the government’s website, one can ask for it though an application. (CIC/OK/A/2006/00046 dated 02.05.06)
15. A tender cannot be cancelled without giving reasons. In fact, every action of a public authority must have a reason and it should be transparent to all. (ICPB/A-4/CIC/2006 dated 10.02.06 & ICPB/A-6/CIC/2006
dated 27.02.06)
16. Information cannot be denied under section 7(9). This provision only
deals with the form in which information is to be supplied. (10/1/2005/CIC dated 25.02.06)
17. The government cannot wrongly classify its documents as Secret and then claim exemption from disclosure. (CIC/A/12/2006 dated 21.02.06)
18. Excuse of “potential misuse” is not sufficient to deny information. (10/1/2005/CIC dated 25.02.06)
19. Jailed or under-trial people is not personal information and is not invasion of privacy. (CIC/WB/A/2006/00120 dated 01.05.06)
20. Tour programmes and travel expenses of a public authority are not personal information. (07/IC(A)/CIC/2006 dated 06.03.06)
21. Bio-datas and application forms together with enclosures for appoint in public authorities cannot be denied. (ICPB/A-9/CIC/2006 dated 03.04.06)
22. Names of officers who are under discreet watch due to suspicion of corruption but still have been promoted have to be disclosed. (CIC/MA/A/2006/116 dated 01.05.06)
23. Complainants should be in the know of the progress of their complaints about income tax evasion.(CIC/MA/A/2006/118 dated 01.06.06)
24. PA can be directed to provide information after investigation is completed under intimation to the CIC. (CIC/MA/A/2006/118 dated 01.06.06)
25. Where information sought is not clear, the Commission may direct the appellant to clarify and PIO to provide information within 10 days. (CIC/AT/A/2006/074 dated 01.06.06)
26. Data protection under section 8(1)(j) and 11 cannot be invoked to deny information not held in confidence. (CIC/WB/A/2006/126 dated 01.06.06)
27. Personal performance assessment/appraisal forms of government employees cannot be disclosed.(29/IC(A)/06 dated 20.04.06)
28. PAN, TAN Numbers are confidential. (05/IC(A)/CIC/2006 dated 03.03.06)
29. Evaluated answer sheets of self or others cannot be disclosed. However, “answer key” and “award of marks” cannot be kept secret. (ICPB/A-2/CIC/2006 dated 06.02.06 & ICPB/A-3/CIC/2006 dated 10.02.06 & 11/53/2006-CIC dated 02.05.06)
30. One cannot prefer a second appeal directly with the Commission without first preferring the first appeal.(CIC/A/1/2006 dated 18.01.2006)
31. For a valid reason, this appeal was referred back to the first appellate authority. However, the appellant was advised that he can revive the appeal if the first appellate authority failed to act within the extended time. (ICPB/A-5/CIC/2006 dated 17.02.06)
32. PIOs cannot appeal against the decisions of first appellate authorities. (06/IC(A)/CIC/2006 dated 03.03.06)
33. Exemption provided to the organizations listed in Second Schedule of the Act are absolute in nature. (CIC/AT/A/2006/00055 and 30 dated 27.04.06)
34. The provision that “information that can be given to the Parliament can be given to the application also” is meaningless. The Commission has not accepted it even once. In this case, it even asked for a cause of action which is not allowed in the Act. (02/IC(A)/CIC/2006 dated 22.02.06)
35. Even a Supreme Court PIO is not exempt from penalty. He narrowly avoided it in this case. (CIC/A/3/2006 dated 07.02.06 and 03.04.06)
36. Investigation should be taken as completed only after the competent authority makes a prima-facie determination about the presence or absence of guilt on receipt of the investigation report from the investigating officer. (CIC/AT/A/2006/039 dated 01.06.06)
1. Information includes file notings. (ICPB/A-1/CIC/2006 dated 31.01.06)
2. A public authority can divide responsibilities amongst PIOs, but every PIO has to accept every application. (10/1/2005/CIC dated 25.02.06)
3. The PIO with whom the application is submitted has to provide the information. He cannot forward to another PIO within his department. Also, he cannot ask the applicant to approach another PIO for submission or obtaining information. (ICPB/C1/CIC/2006 dated 06.03.06)
4. Only PIOs can provide information. Other officers and APIOs cannot provide information. APIOs job is to only forward the application or the appeal. (10/1/2005/CIC dated 25.02.06)
5. Transfer under section 6(3) is not possible within a single public authority. (10/1/2005/CIC dated 25.02.06 & ICPB/C1/CIC/2006 dated 06.03.06)
6. A public authority can prescribe a form for making application. However, it was clarified in a subsequent review order that an application can still be made on plain paper and it cannot be rejected. (CIC/C/I/2006 dated 16.01.06 & CICI/C/1/2006 dated 30.01.06)
7. The onus for timely dispatch of replies is on the PIO alone. (CIC/OK/A/2006/00049 dated 02.05.06)
8. An appellant can seek the help of others in proceedings. (10/1/2005/CIC dt. 25.02.06)
9. One has to serve documents on the opposite parties also. (10/1/2005/CIC dt. 25.02.06)
10. It is possible to seek reviews of Commission’s decisions. (CICI/C/1/2006 dated 30.01.06 & CIC/A/3/2006 dated 03.04.06)
11. An appellant has a right to be heard by the first appellate authority. (CIC/AT/A/2006/00040 dated 27.03.06)
12. A public authority can only ask for costs as prescribed in the Act and the Rules, and cannot ask for compensation for their time and other costs incurred. (23/IC(A)/2006 dated 10.04.06)
13. Use of lawyers for representation is discouraged by the Commission. (CIC/MA/A/2005/00004 dated 02.05.06)
14. Even if the information is available on the government’s website, one can ask for it though an application. (CIC/OK/A/2006/00046 dated 02.05.06)
15. A tender cannot be cancelled without giving reasons. In fact, every action of a public authority must have a reason and it should be transparent to all. (ICPB/A-4/CIC/2006 dated 10.02.06 & ICPB/A-6/CIC/2006
dated 27.02.06)
16. Information cannot be denied under section 7(9). This provision only
deals with the form in which information is to be supplied. (10/1/2005/CIC dated 25.02.06)
17. The government cannot wrongly classify its documents as Secret and then claim exemption from disclosure. (CIC/A/12/2006 dated 21.02.06)
18. Excuse of “potential misuse” is not sufficient to deny information. (10/1/2005/CIC dated 25.02.06)
19. Jailed or under-trial people is not personal information and is not invasion of privacy. (CIC/WB/A/2006/00120 dated 01.05.06)
20. Tour programmes and travel expenses of a public authority are not personal information. (07/IC(A)/CIC/2006 dated 06.03.06)
21. Bio-datas and application forms together with enclosures for appoint in public authorities cannot be denied. (ICPB/A-9/CIC/2006 dated 03.04.06)
22. Names of officers who are under discreet watch due to suspicion of corruption but still have been promoted have to be disclosed. (CIC/MA/A/2006/116 dated 01.05.06)
23. Complainants should be in the know of the progress of their complaints about income tax evasion.(CIC/MA/A/2006/118 dated 01.06.06)
24. PA can be directed to provide information after investigation is completed under intimation to the CIC. (CIC/MA/A/2006/118 dated 01.06.06)
25. Where information sought is not clear, the Commission may direct the appellant to clarify and PIO to provide information within 10 days. (CIC/AT/A/2006/074 dated 01.06.06)
26. Data protection under section 8(1)(j) and 11 cannot be invoked to deny information not held in confidence. (CIC/WB/A/2006/126 dated 01.06.06)
27. Personal performance assessment/appraisal forms of government employees cannot be disclosed.(29/IC(A)/06 dated 20.04.06)
28. PAN, TAN Numbers are confidential. (05/IC(A)/CIC/2006 dated 03.03.06)
29. Evaluated answer sheets of self or others cannot be disclosed. However, “answer key” and “award of marks” cannot be kept secret. (ICPB/A-2/CIC/2006 dated 06.02.06 & ICPB/A-3/CIC/2006 dated 10.02.06 & 11/53/2006-CIC dated 02.05.06)
30. One cannot prefer a second appeal directly with the Commission without first preferring the first appeal.(CIC/A/1/2006 dated 18.01.2006)
31. For a valid reason, this appeal was referred back to the first appellate authority. However, the appellant was advised that he can revive the appeal if the first appellate authority failed to act within the extended time. (ICPB/A-5/CIC/2006 dated 17.02.06)
32. PIOs cannot appeal against the decisions of first appellate authorities. (06/IC(A)/CIC/2006 dated 03.03.06)
33. Exemption provided to the organizations listed in Second Schedule of the Act are absolute in nature. (CIC/AT/A/2006/00055 and 30 dated 27.04.06)
34. The provision that “information that can be given to the Parliament can be given to the application also” is meaningless. The Commission has not accepted it even once. In this case, it even asked for a cause of action which is not allowed in the Act. (02/IC(A)/CIC/2006 dated 22.02.06)
35. Even a Supreme Court PIO is not exempt from penalty. He narrowly avoided it in this case. (CIC/A/3/2006 dated 07.02.06 and 03.04.06)
36. Investigation should be taken as completed only after the competent authority makes a prima-facie determination about the presence or absence of guilt on receipt of the investigation report from the investigating officer. (CIC/AT/A/2006/039 dated 01.06.06)
Friday, May 21, 2010
RTI to SHO on false 498a arrest
Application for obtaining information under the
Right to Information Act, 2005
From:
(Your Name and Adress)
To:
Public Information Officer
O/o SSP
XYZ CITY
Reference : FIR No -----Dated----- at XYZ Police Station
Respected Sir,
Subject: Particulars of Information Required on Cr.No:XXYY/2009
1. Please provide me the Station House Diary and Roll Call of Cr.No: XXYY/2009 starting from dd/mm/yyy to dd/mm/yyyy and the entire case dairy details (communication docs between I.O, Inspector of Police and ACP).
2. Please supply me information on date, time & place of crime happened.
3. Please provide me I.O details, date, time & place of investigation.
4. As per the complainant statement, she left matrimonial house on ----- due to harassment, please supply the address and time of the incident.
5. Please supply me Cr.No: XYZ/2009 Investigation/enquiry details (happened at crime place, ).
6. Please provide me Cr.No: XYX/2009 case certified FIR copy, documentary evidences collected & Charge Sheet.
7. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Miyapur for the allegations happened at Miyapur).
8. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Dilsuknagar for the allegations happened at Dilsuknagar).
9. Please supply me information which are the allegations happened at Dilsuknagar.
10. As per the complainant’s statement, they gave 2 plots, 11 lacks rupees cash and 40 tulas gold. Please provide those 2 plots details given and the date of transfer of property and documentary evidences collected by Investigation officer.
11. Please provide the documentary evidences or bank statements for the transaction of 11 lakhs amount.
12. Please provide documentary evidences or receipts for 40 tulas Gold and on which date they have given to accused.
13. Certified copy of complainant’s medical or hospital records showing the physical harassment.
14. Please supply me information on when Mr.FIL came to know about the incident (time, place and through which media).
15. Kindly supply information under which sections of the Cr.P.C, the investigation is carried out at Dilsukh Nagar.
16. As per Cr.P.C- 177 to 181, investigation on the crime should have happened at the crime place (in the present case crime place is Miyapur). Please provide me details whether this investigation is done as per the legal procedure.
17. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR. xyz/2009.
18. As per complaint, it is stated that my family members instigated me to demand dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my family members. If answer is YES, please provide the supporting reference docs for the same.
19. All the allegations reported on accused persons happened at Miyapur. For the investigation on the crime happened outside your FIR registered PS limits, needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Please supply me the permission received from Honorable Court by the investigation team to continue their investigation.
20. Kindly supply me information on the legal Act with section (sub-section if any) under which Saroor Nagar PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No.xyz/2009 happened at Miyapur.
21. As per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is given at the time of marriage. Giving dowry and abetting giving dowry is also crime. Kindly supply information why police did not register the case against these persons.
22. Kindly provide me information on not collecting the neighbor’s statements at my house, Miyapur, Hyderabad.
23. Please supply me information when I.O met (date, time and place) my sister, brother, parents and relatives (accused) and informed (with which medium) about the allegations on them during the investigation.
24. Please supply me the details of people with whom I.O met during his/her investigation.
25. Please supply me information why the complainant delayed to report the crime on May-15th 2008.
26. Please supply me the documentary evidences supporting the crime by my relatives.
27. Please send me the details (with bills) of the furniture that the complainant gave to us.
28. Please specify the duration of stay of the complainant with my family at Miyapur and also specify the address of stay.
29. Does any proof submitted to the police that show complainant lived with us.
30. Complainant’s maternity uncle Mr. BOBBA Reddy says that 1 lack rupees dowry given at the time of marriage. Her mother says 11 lacks dowry given. Which statement is considered to be true by the I.O before filing the charge sheet?
31. Does the I.O have given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court? Please supply me the supporting evidence.
32. Please provide me why I.O not interested to collect the statements from neighbors at Miyapur.
33. Does it require collecting the statements from the neighbors at Miyapur?
34. Please supply me information on “Jurisdiction” of PS in dealing the criminal cases.
35. Does your PS have the jurisdiction to file the charge sheet?
36. Does it required to inform the accused persons about the allegations on them. If answer is yes, does it happen in this case?
37. Do you admit that I.O failed to transfer the case to the respective PS, which has jurisdiction to entertain the case?
Please provide me information on the above mentioned. For any particular item above if information is not available, kindly inform me why that particular item details were not available. If any of the above items is not understood kindly let me know, for rest of the items please send me the information.
Information required: Through Registered Post
Whether the applicant is below poverty line : No
Language demanded (U/s 6(1) of the RTI Act 2005): English
I.P.O (for Rs. 10/-) No:
In case the subject matter /any of the information is held by / related to another public authority, You are requested to transfer the application or such part of it as may be appropriate to that other Public authority with intimation to the undersigned (Section 6(3) of RTI Act).
Place:
Date: Signature
1. I have given a petition dated ------- requesting my wife to join matrimonial life, why IO did not disclosed that information in the Charge sheet or did not present it to the Honourable court.
2. Complainant and her parents very well knows about this petition for reqest to join marital life and in reply to that she denied to join marital life, but nowhere they mentioned about this in the FIR. Why the investigation officer did not disclosed this information in the charge sheet.
Right to Information Act, 2005
From:
(Your Name and Adress)
To:
Public Information Officer
O/o SSP
XYZ CITY
Reference : FIR No -----Dated----- at XYZ Police Station
Respected Sir,
Subject: Particulars of Information Required on Cr.No:XXYY/2009
1. Please provide me the Station House Diary and Roll Call of Cr.No: XXYY/2009 starting from dd/mm/yyy to dd/mm/yyyy and the entire case dairy details (communication docs between I.O, Inspector of Police and ACP).
2. Please supply me information on date, time & place of crime happened.
3. Please provide me I.O details, date, time & place of investigation.
4. As per the complainant statement, she left matrimonial house on ----- due to harassment, please supply the address and time of the incident.
5. Please supply me Cr.No: XYZ/2009 Investigation/enquiry details (happened at crime place, ).
6. Please provide me Cr.No: XYX/2009 case certified FIR copy, documentary evidences collected & Charge Sheet.
7. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Miyapur for the allegations happened at Miyapur).
8. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Dilsuknagar for the allegations happened at Dilsuknagar).
9. Please supply me information which are the allegations happened at Dilsuknagar.
10. As per the complainant’s statement, they gave 2 plots, 11 lacks rupees cash and 40 tulas gold. Please provide those 2 plots details given and the date of transfer of property and documentary evidences collected by Investigation officer.
11. Please provide the documentary evidences or bank statements for the transaction of 11 lakhs amount.
12. Please provide documentary evidences or receipts for 40 tulas Gold and on which date they have given to accused.
13. Certified copy of complainant’s medical or hospital records showing the physical harassment.
14. Please supply me information on when Mr.FIL came to know about the incident (time, place and through which media).
15. Kindly supply information under which sections of the Cr.P.C, the investigation is carried out at Dilsukh Nagar.
16. As per Cr.P.C- 177 to 181, investigation on the crime should have happened at the crime place (in the present case crime place is Miyapur). Please provide me details whether this investigation is done as per the legal procedure.
17. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR. xyz/2009.
18. As per complaint, it is stated that my family members instigated me to demand dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my family members. If answer is YES, please provide the supporting reference docs for the same.
19. All the allegations reported on accused persons happened at Miyapur. For the investigation on the crime happened outside your FIR registered PS limits, needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Please supply me the permission received from Honorable Court by the investigation team to continue their investigation.
20. Kindly supply me information on the legal Act with section (sub-section if any) under which Saroor Nagar PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No.xyz/2009 happened at Miyapur.
21. As per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is given at the time of marriage. Giving dowry and abetting giving dowry is also crime. Kindly supply information why police did not register the case against these persons.
22. Kindly provide me information on not collecting the neighbor’s statements at my house, Miyapur, Hyderabad.
23. Please supply me information when I.O met (date, time and place) my sister, brother, parents and relatives (accused) and informed (with which medium) about the allegations on them during the investigation.
24. Please supply me the details of people with whom I.O met during his/her investigation.
25. Please supply me information why the complainant delayed to report the crime on May-15th 2008.
26. Please supply me the documentary evidences supporting the crime by my relatives.
27. Please send me the details (with bills) of the furniture that the complainant gave to us.
28. Please specify the duration of stay of the complainant with my family at Miyapur and also specify the address of stay.
29. Does any proof submitted to the police that show complainant lived with us.
30. Complainant’s maternity uncle Mr. BOBBA Reddy says that 1 lack rupees dowry given at the time of marriage. Her mother says 11 lacks dowry given. Which statement is considered to be true by the I.O before filing the charge sheet?
31. Does the I.O have given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court? Please supply me the supporting evidence.
32. Please provide me why I.O not interested to collect the statements from neighbors at Miyapur.
33. Does it require collecting the statements from the neighbors at Miyapur?
34. Please supply me information on “Jurisdiction” of PS in dealing the criminal cases.
35. Does your PS have the jurisdiction to file the charge sheet?
36. Does it required to inform the accused persons about the allegations on them. If answer is yes, does it happen in this case?
37. Do you admit that I.O failed to transfer the case to the respective PS, which has jurisdiction to entertain the case?
Please provide me information on the above mentioned. For any particular item above if information is not available, kindly inform me why that particular item details were not available. If any of the above items is not understood kindly let me know, for rest of the items please send me the information.
Information required: Through Registered Post
Whether the applicant is below poverty line : No
Language demanded (U/s 6(1) of the RTI Act 2005): English
I.P.O (for Rs. 10/-) No:
In case the subject matter /any of the information is held by / related to another public authority, You are requested to transfer the application or such part of it as may be appropriate to that other Public authority with intimation to the undersigned (Section 6(3) of RTI Act).
Place:
Date: Signature
1. I have given a petition dated ------- requesting my wife to join matrimonial life, why IO did not disclosed that information in the Charge sheet or did not present it to the Honourable court.
2. Complainant and her parents very well knows about this petition for reqest to join marital life and in reply to that she denied to join marital life, but nowhere they mentioned about this in the FIR. Why the investigation officer did not disclosed this information in the charge sheet.
Marriage Certificate through RTI
BY SPEED POST
From, Date: xxxxxxx
Your Name
Your Address
xxxxxxxxxxxx
xxxxxxxxxxxxx
Mob : xxxxxxxxxxxx
To
Public Information Officer,
The Inspecor General of Registration,
Sir/Madam,
Sub: Request for Information under RTI Act 2005
Ref: Marriage Certificate of (Your Name) and (name of your soon to be Ex-Wife) at SRO xxx (name place where you registered)
1. Please provide attested copy of the Marriage Certificate of xxxxxx and xxxxxxxx whose marriage was registered on (date) at SRO xxxxx
2. Please provide the attested copy of the application provided (front and back of Page of – RULE 5) for the registration of the above marriage with reference to this marriage certificate.
I am affixing one number of 20/- Postal Order towards the processing fees of Rs. 10/- for this application and Rs. 10/- towards copying charges.
If the processing fees for this application and the fees towards copying charges are in-sufficient to provide the above requests, please follow the provisions of section 7 (3) (a), (b) of the RTI Act 2005.
If you feel that the requested information doesn’t come under your department please follow the provisions of section 6 (3) of RTI Act 2005.
I request that the information requested may be provided at the earliest.
Thanking you, in anticipation I remain;
Yours sincerely
(Your Name)
From, Date: xxxxxxx
Your Name
Your Address
xxxxxxxxxxxx
xxxxxxxxxxxxx
Mob : xxxxxxxxxxxx
To
Public Information Officer,
The Inspecor General of Registration,
Sir/Madam,
Sub: Request for Information under RTI Act 2005
Ref: Marriage Certificate of (Your Name) and (name of your soon to be Ex-Wife) at SRO xxx (name place where you registered)
1. Please provide attested copy of the Marriage Certificate of xxxxxx and xxxxxxxx whose marriage was registered on (date) at SRO xxxxx
2. Please provide the attested copy of the application provided (front and back of Page of – RULE 5) for the registration of the above marriage with reference to this marriage certificate.
I am affixing one number of 20/- Postal Order towards the processing fees of Rs. 10/- for this application and Rs. 10/- towards copying charges.
If the processing fees for this application and the fees towards copying charges are in-sufficient to provide the above requests, please follow the provisions of section 7 (3) (a), (b) of the RTI Act 2005.
If you feel that the requested information doesn’t come under your department please follow the provisions of section 6 (3) of RTI Act 2005.
I request that the information requested may be provided at the earliest.
Thanking you, in anticipation I remain;
Yours sincerely
(Your Name)
Sample Complaint to CAW Cell after receiving list of Stridhan
To Date xx/xx/xx
Public Information Officer
Headquarters
Police Head Quarter,
Sub:- Request for information u/s 6 & 7 of RTI Act regarding
This is to inform you that the General Public is much relieved by Delhi Police as the information regarding F.I.R.s and Details of Arrested Persons is made available on the Zonal Integrated Police Network (http://zipnet.in) and undersigned would like to take this opportunity to congratulate Delhi Police on its efforts.
With all due respect I would also like to mention that it has also being observed that information regarding many F.I.R.s and Arrests are not uploaded and updated due to negligence or care free attitude or other malafide intentions of some Police Personnel/officials responsible . Hence I would like to obtain the following information regarding display of F.I.R. data on the Zonal Integrated Police Network (http://zipnet.in) by Delhi Police:-
1. Please inform the process regarding the steps through which F.I.R. and Arrested Persons Data is uploaded or fed into the system.
2. Please inform from which date has the F.I.R. started being uploaded on Zonal Integrated Police Network.
3. Please inform from which date has the details of Arrested persons started being uploaded on Zonal Integrated Police Network.
4. Please inform from which date has the computerized F.I.R. system started in Delhi Police.
5. Please inform from which date have all police stations of Delhi Police started issuing computerized F.I.R.
6. Please inform from which date has it become mandatory for all F.I.R.s and Arrested Persons details to be computerized in Delhi.
7. Please give information with name, rank and contact details the name of all police personnel of Delhi Police whose duty it is to keep the Zonal Integrated Police Network up to date.
8. Please provide the name and rank, belt no., PIS no. , police station/official address of all staff responsible for uploading complete FIR and Arrested person details for making it online.
9. Kindly intimate time period required to make details of FIR and Arrested Person available online after registration of FIR and execution arrest of a person.
10. Kindly provide the name, rank of the officials from each police station/ unit of Delhi Police responsible for uploading the FIR and details of Arrested persons to make it online but failed to update the online system as being part of their duty.
11. Kindly provide the details of punishment with relevant rule under which the irresponsible officers in above mentioned matter are liable to be punished.
12. Kindly provide the details of punishments awarded/enquiry initiated/explanation/ show cause issued to officials for dereliction of duty in aforementioned matter.
13. Kindly intimate by when the list of officials with complete details will be made available on the Delhi Police Official Website and in any other relevant disclosures as mandatory vide section 4 (b)(i)(ii)(iv)(xv)of RTI Act 2005.
The Postal Order No. xxxxxxx is attached herewith as requisite fee under RTI Act 2005.
The information requested is required in larger public interest as because of intentional no uploading of information to website by some of the officials of Delhi Police, the general public is getting hardship in getting the details of FIR which is a public document as per Law.
Name
&
Address
Public Information Officer
Headquarters
Police Head Quarter,
Sub:- Request for information u/s 6 & 7 of RTI Act regarding
This is to inform you that the General Public is much relieved by Delhi Police as the information regarding F.I.R.s and Details of Arrested Persons is made available on the Zonal Integrated Police Network (http://zipnet.in) and undersigned would like to take this opportunity to congratulate Delhi Police on its efforts.
With all due respect I would also like to mention that it has also being observed that information regarding many F.I.R.s and Arrests are not uploaded and updated due to negligence or care free attitude or other malafide intentions of some Police Personnel/officials responsible . Hence I would like to obtain the following information regarding display of F.I.R. data on the Zonal Integrated Police Network (http://zipnet.in) by Delhi Police:-
1. Please inform the process regarding the steps through which F.I.R. and Arrested Persons Data is uploaded or fed into the system.
2. Please inform from which date has the F.I.R. started being uploaded on Zonal Integrated Police Network.
3. Please inform from which date has the details of Arrested persons started being uploaded on Zonal Integrated Police Network.
4. Please inform from which date has the computerized F.I.R. system started in Delhi Police.
5. Please inform from which date have all police stations of Delhi Police started issuing computerized F.I.R.
6. Please inform from which date has it become mandatory for all F.I.R.s and Arrested Persons details to be computerized in Delhi.
7. Please give information with name, rank and contact details the name of all police personnel of Delhi Police whose duty it is to keep the Zonal Integrated Police Network up to date.
8. Please provide the name and rank, belt no., PIS no. , police station/official address of all staff responsible for uploading complete FIR and Arrested person details for making it online.
9. Kindly intimate time period required to make details of FIR and Arrested Person available online after registration of FIR and execution arrest of a person.
10. Kindly provide the name, rank of the officials from each police station/ unit of Delhi Police responsible for uploading the FIR and details of Arrested persons to make it online but failed to update the online system as being part of their duty.
11. Kindly provide the details of punishment with relevant rule under which the irresponsible officers in above mentioned matter are liable to be punished.
12. Kindly provide the details of punishments awarded/enquiry initiated/explanation/ show cause issued to officials for dereliction of duty in aforementioned matter.
13. Kindly intimate by when the list of officials with complete details will be made available on the Delhi Police Official Website and in any other relevant disclosures as mandatory vide section 4 (b)(i)(ii)(iv)(xv)of RTI Act 2005.
The Postal Order No. xxxxxxx is attached herewith as requisite fee under RTI Act 2005.
The information requested is required in larger public interest as because of intentional no uploading of information to website by some of the officials of Delhi Police, the general public is getting hardship in getting the details of FIR which is a public document as per Law.
Name
&
Address
RTI OBJECTIVE-498a Cases
RTIs should not be filed without an objective behind it & just for the sake of filing
it. Basic thumb rule is, the family which files false 498a case to meet their
ulterior motive will be definitely having lot of negative points in their side
such as lack of moral, lack of values & beliefs, unscrupulous activities,
corruption, illegal contacts, illegal activities, tax evasion, black money etc.
By creating these kinds of pressure on
the opponent gang & police, we can put our demand across & achieve our
objectives. (498a case Quash, Mutual Divorce without payment, child visitation or custody etc)
So, RTI can be an effective tool to
achieve our targets, if it is used according to a well thought plan
1. List down the persons from the 498a gang (498a family, witnesses,
instigators & their relatives, Police etc) against whom the attack needs to
be launched.
2. Go down your memory lane, right from your marriage and collect the
information of the 498a gang & their relatives business, profession,
properties & related details.
3. List down the objective of your attack against every person, you feel as a potential target from the 498a gang, based on the short coming of each of them.
4. Find out the point for every target person, which you want to expose &
make them feel uncomfortable.
5. Search for the appropriate department or entity to get the points or proofs for exposing the point, you have decided to expose of every person, using RTI.
6. Frame the Questions of the RTI application in way to exactly brings out the point you want proof against the opponent.
7. Use the RTI reply in appropriate manner to make the complaint against the person in the suitable forum.
Having said all this, Well directed RTIs can bring success even
before getting replies & executing the objective behind it, as the message
on RTI applications on the negative points of the 498a gang & Police, will
invariably reach them to create panic amongst them & they will start cursing themselves for resorting false 498a route.
it. Basic thumb rule is, the family which files false 498a case to meet their
ulterior motive will be definitely having lot of negative points in their side
such as lack of moral, lack of values & beliefs, unscrupulous activities,
corruption, illegal contacts, illegal activities, tax evasion, black money etc.
By creating these kinds of pressure on
the opponent gang & police, we can put our demand across & achieve our
objectives. (498a case Quash, Mutual Divorce without payment, child visitation or custody etc)
So, RTI can be an effective tool to
achieve our targets, if it is used according to a well thought plan
1. List down the persons from the 498a gang (498a family, witnesses,
instigators & their relatives, Police etc) against whom the attack needs to
be launched.
2. Go down your memory lane, right from your marriage and collect the
information of the 498a gang & their relatives business, profession,
properties & related details.
3. List down the objective of your attack against every person, you feel as a potential target from the 498a gang, based on the short coming of each of them.
4. Find out the point for every target person, which you want to expose &
make them feel uncomfortable.
5. Search for the appropriate department or entity to get the points or proofs for exposing the point, you have decided to expose of every person, using RTI.
6. Frame the Questions of the RTI application in way to exactly brings out the point you want proof against the opponent.
7. Use the RTI reply in appropriate manner to make the complaint against the person in the suitable forum.
Having said all this, Well directed RTIs can bring success even
before getting replies & executing the objective behind it, as the message
on RTI applications on the negative points of the 498a gang & Police, will
invariably reach them to create panic amongst them & they will start cursing themselves for resorting false 498a route.
Tuesday, May 18, 2010
Seckond Appeal Form
The Right to Information Act, 2005
Appeal before
Central Information Commission/State Information Commission
Appeal No. ----------------------- Dated ------------------------
[For office use only]
As I am aggrieved by decision/no decision of Central/State Public Information Officer and/or First Appellate
Authority, I hereby file this appeal for your kind decision.
1. Details of appellant:
1.1 Full Name: ---------------------------------------------------------
1.2. Full Address: --------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------
1.3 Phone/Cell No.: ---------------------------------------------------------
1.4 Email ID: ---------------------------------------------------------------------------------------
2. Details of Central/State Public Information Officer (CPIO/SPIO):
2.1 Name/Designation: ---------------------------------------------------------
2.2 Full Address: --------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------
2.3 Name of Public Authority: ----------------------------------------------------------------------------------------
3. Details of First Appellate Authority [FAA]:
3.1 Name/Designation of the FAA: ---------------------------------------------------------------------------------------
3.2 Full Address of FAA: ---------------------------------------------------------------------------
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---------------------------------------------------------------------------------------------------------------------------------
4. Dates of RTI application/first appeal:
4.1 To CPIO/SPIO: --------------------------- & mailed on: ----------------------------------------------
4.2 To FAA: ----------------------------- & mailed on: ----------------------------------------------------
5. Particulars of Decisions:
5.1 Reference No & Date of CPIO/SPIO’s Decision: ----------------------------------------------------------------
5.2 Reference No & Date of FAA’s Decision: ------------------------------------------------------------------------
5.3 Date/s of personal hearing by FAA: --------------------------------------------------------------------------------
6. Dates of receipt of replies by appellant from:
6.1 CPIO/SPIO: -----------------------------------------------------------------
6.2 FAA: -----------------------------------------------------------------
7. Details of information sought: ----------------------------------------------------------------------------------------
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---------------------------------------------------------------------------------------------------------------------------------
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8. Brief facts of the case: -------------------------------------------------------------------------------------------------
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9. Reasons/grounds for this appeal:
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10. Any other information in support of appeal:
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11. Prayer/relief sought for:
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12. Grounds for prayer/relief sought for:
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13. Personal Presence at hearing: YES / NO: ---------------------------------------------------
14. Declaration:
I hereby state that the information and particulars given above are true to the best of my knowledge and
belief. I also declare that this matter is not previously filed with this commission nor is pending with any
Court or tribunal or authority.
Place: ------------------------------------------
Date: -------------------------------------------
Signature of appellant
Note: Strikeout whichever not applicable
Select either CPIO (Central Public Information Officer) or SPIO (State Public Information Officer) in your application
INDEX OF APPEAL
of Mr ------------------------------------------------------ dated ------------------------ with CIC/SIC
1. Particulars Page Sr. No. from/ to
2. Original second appeal
3. Chronology chart of RTI application
4. Copy of RTI application dated--------- with its enclosures.
5. Copy of proof of mailing RTI application
6. DD/IPO/PS/Cash receipt for filing fees and other charges.
7. Copy of first appeal dated --------------- with its enclosures
8. Copy of proof of mailing first appeal
9. Postal A.D. card/Acknowledgement letter, received from CPIO/SPIO & FAA
10. Copy of decision of CPIO/SPIO dated ----------------------
11. Copy of decision of FAA dated ------------------------
12. Proof of mailing complaint/second appeal to CPIO/SPIO and FAA
13. Other documents in support of second appeal
Place:
Date:
Signature of appellant/complainant
CHRONOLOGICAL CHART OF RTI APPLICATION
of Mr.---------------------------------------------------- dated ------------------------------------------
1. Action Date: -----------------------------------------------
2. Application mailed to ACPIO/CPIO or ASPIO/SPIO on: ---------------------------------------------
3. Application received by ACPIO/CPIO or ASPIO/SPIO on: ------------------------------------------
4. Date of receipt of letter for paying charges: -------------------------------------------------------------
5. Date of remitting charges to CPIO/SPIO: ----------------------------------------------------------------
6. Date of decision of CPIO/SPIO: ---------------------------------------------------------------------------
7. Date of receipt of decision of CPIO/SPIO by appellant/complainant: --------------------------------
8. First appeal mailed to FAA on: ----------------------------------------------------------------------------
9. Date of receipt of appeal by FAA: -------------------------------------------------------------------------
10. Date/s of personal hearing by FAA: -----------------------------------------------------------------------
11. Date of decision of FAA: -----------------------------------------------------------------------------------
12. Date of receipt of decision of FAA by appellant/complainant: ----------------------------------------
13. Date of Second Appeal/complaint: ------------------------------------------------------------------------
14. Date of mailing copy of second appeal/ complaint to CPIO/SPIO & FAA: ---------------------------
15. Date of mailing Second Appeal to CIC/SPIO: -----------------------------------------------------------
Place: ------------------------------------
Date: -------------------------------------
Signature of appellant/complainant
Guidelines for filing second appeal/complaint with CIC/SIC
1. Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, delete words “second appeal/appellant”
2. Get it typed in double space.
3. Get one photocopy of:
· Original application under RTI with its enclosures
· First appeal with its enclosures
· Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other
charges
· Copy of demand letter of CPIO/SPIO for charges if any
· Postal proof of mailing original application and first appeal
· Postal AD slips/official acknowledgement received from CPIO/SPIO and FAA
· Decisions of CPIO/SPIO and FAA if received
4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is
one original set of second appeal/complaint.
5. Prepare additional four sets as above by photocopying.
6. Sign each page of appeal, index and chronology chart [all five sets].
7. Self attest all the photocopies by signing under the word “Attested”
8. Send one set by speed/registered/UPC post to each of CPIO/SPIO and FAA and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in
index/chronology chart.
9. Avoid courier services.
10. Retain one set for your record and reference, with proof of mailing and AD received from CIC/SIC/CPIO/FAA for having received second appeal/complaint.
11. If postal AD card is not received or acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send by speed post copy of only second appeal/complaint [without enclosures] with a
request to trace the same at CIC/SIC. Photocopy of registered post receipt may also be mailed to CIC/SIC.
12. You can consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free.
Appeal before
Central Information Commission/State Information Commission
Appeal No. ----------------------- Dated ------------------------
[For office use only]
As I am aggrieved by decision/no decision of Central/State Public Information Officer and/or First Appellate
Authority, I hereby file this appeal for your kind decision.
1. Details of appellant:
1.1 Full Name: ---------------------------------------------------------
1.2. Full Address: --------------------------------------------------------------------------------------------------------
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1.3 Phone/Cell No.: ---------------------------------------------------------
1.4 Email ID: ---------------------------------------------------------------------------------------
2. Details of Central/State Public Information Officer (CPIO/SPIO):
2.1 Name/Designation: ---------------------------------------------------------
2.2 Full Address: --------------------------------------------------------------------------------------------------------
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2.3 Name of Public Authority: ----------------------------------------------------------------------------------------
3. Details of First Appellate Authority [FAA]:
3.1 Name/Designation of the FAA: ---------------------------------------------------------------------------------------
3.2 Full Address of FAA: ---------------------------------------------------------------------------
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4. Dates of RTI application/first appeal:
4.1 To CPIO/SPIO: --------------------------- & mailed on: ----------------------------------------------
4.2 To FAA: ----------------------------- & mailed on: ----------------------------------------------------
5. Particulars of Decisions:
5.1 Reference No & Date of CPIO/SPIO’s Decision: ----------------------------------------------------------------
5.2 Reference No & Date of FAA’s Decision: ------------------------------------------------------------------------
5.3 Date/s of personal hearing by FAA: --------------------------------------------------------------------------------
6. Dates of receipt of replies by appellant from:
6.1 CPIO/SPIO: -----------------------------------------------------------------
6.2 FAA: -----------------------------------------------------------------
7. Details of information sought: ----------------------------------------------------------------------------------------
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8. Brief facts of the case: -------------------------------------------------------------------------------------------------
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9. Reasons/grounds for this appeal:
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10. Any other information in support of appeal:
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11. Prayer/relief sought for:
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12. Grounds for prayer/relief sought for:
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13. Personal Presence at hearing: YES / NO: ---------------------------------------------------
14. Declaration:
I hereby state that the information and particulars given above are true to the best of my knowledge and
belief. I also declare that this matter is not previously filed with this commission nor is pending with any
Court or tribunal or authority.
Place: ------------------------------------------
Date: -------------------------------------------
Signature of appellant
Note: Strikeout whichever not applicable
Select either CPIO (Central Public Information Officer) or SPIO (State Public Information Officer) in your application
INDEX OF APPEAL
of Mr ------------------------------------------------------ dated ------------------------ with CIC/SIC
1. Particulars Page Sr. No. from/ to
2. Original second appeal
3. Chronology chart of RTI application
4. Copy of RTI application dated--------- with its enclosures.
5. Copy of proof of mailing RTI application
6. DD/IPO/PS/Cash receipt for filing fees and other charges.
7. Copy of first appeal dated --------------- with its enclosures
8. Copy of proof of mailing first appeal
9. Postal A.D. card/Acknowledgement letter, received from CPIO/SPIO & FAA
10. Copy of decision of CPIO/SPIO dated ----------------------
11. Copy of decision of FAA dated ------------------------
12. Proof of mailing complaint/second appeal to CPIO/SPIO and FAA
13. Other documents in support of second appeal
Place:
Date:
Signature of appellant/complainant
CHRONOLOGICAL CHART OF RTI APPLICATION
of Mr.---------------------------------------------------- dated ------------------------------------------
1. Action Date: -----------------------------------------------
2. Application mailed to ACPIO/CPIO or ASPIO/SPIO on: ---------------------------------------------
3. Application received by ACPIO/CPIO or ASPIO/SPIO on: ------------------------------------------
4. Date of receipt of letter for paying charges: -------------------------------------------------------------
5. Date of remitting charges to CPIO/SPIO: ----------------------------------------------------------------
6. Date of decision of CPIO/SPIO: ---------------------------------------------------------------------------
7. Date of receipt of decision of CPIO/SPIO by appellant/complainant: --------------------------------
8. First appeal mailed to FAA on: ----------------------------------------------------------------------------
9. Date of receipt of appeal by FAA: -------------------------------------------------------------------------
10. Date/s of personal hearing by FAA: -----------------------------------------------------------------------
11. Date of decision of FAA: -----------------------------------------------------------------------------------
12. Date of receipt of decision of FAA by appellant/complainant: ----------------------------------------
13. Date of Second Appeal/complaint: ------------------------------------------------------------------------
14. Date of mailing copy of second appeal/ complaint to CPIO/SPIO & FAA: ---------------------------
15. Date of mailing Second Appeal to CIC/SPIO: -----------------------------------------------------------
Place: ------------------------------------
Date: -------------------------------------
Signature of appellant/complainant
Guidelines for filing second appeal/complaint with CIC/SIC
1. Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, delete words “second appeal/appellant”
2. Get it typed in double space.
3. Get one photocopy of:
· Original application under RTI with its enclosures
· First appeal with its enclosures
· Bank demand draft/pay slip/postal order/cash receipt used for paying filing fee of Rs.10/-and other
charges
· Copy of demand letter of CPIO/SPIO for charges if any
· Postal proof of mailing original application and first appeal
· Postal AD slips/official acknowledgement received from CPIO/SPIO and FAA
· Decisions of CPIO/SPIO and FAA if received
4. Arrange all papers as per index and then serially number all papers on right hand side top corner. This is
one original set of second appeal/complaint.
5. Prepare additional four sets as above by photocopying.
6. Sign each page of appeal, index and chronology chart [all five sets].
7. Self attest all the photocopies by signing under the word “Attested”
8. Send one set by speed/registered/UPC post to each of CPIO/SPIO and FAA and attach photocopy of proof of mailing to the original, extra copy of second appeal/complaint and your copy after filling details in
index/chronology chart.
9. Avoid courier services.
10. Retain one set for your record and reference, with proof of mailing and AD received from CIC/SIC/CPIO/FAA for having received second appeal/complaint.
11. If postal AD card is not received or acknowledgement letter is not received from CIC within 15 days of mailing, it is better to send by speed post copy of only second appeal/complaint [without enclosures] with a
request to trace the same at CIC/SIC. Photocopy of registered post receipt may also be mailed to CIC/SIC.
12. You can consult local NGO/RTI activist for filing first or second appeal to have better result. Services are generally free.
Monday, May 17, 2010
First Appeal in case of No RTI reply in 48 hrs under Life or Liberty
To Date xx/xx/2010
Appellate Authority
Joint Commissioner of Police
Sub:- Appeal u/s 19(1) r/w Section 20 of RTI Act 2005 for Matter arising out of absence of any response from the Public Information Officer within prescribed time.
References:-
1. RTI Application dated xx/xx/2010 (Annexure 1)
Sir
The applicant/undersigned is compelled to make this appeal as the Public Information Officer, xxxxxxxxxx, New Delhi has not supplied any information in regards to above mentioned references till date and hence deemed refused in view of section 7(2) of RTI Act 2005.
The requisite time for supply of information (48 hrs under Life and Liberty vide section 7(1)) has already expired. The RTI application was filed for reply within 48 hrs as the information concerns life and liberty of the applicant is restricted being in arrest as per records of P.S. xxxx vide FIR No. xx/xxxx.
It appears from the above mentioned facts that the staff of RTI Cell of xxxxxxxxx, Delhi has no honor and regard for the Constitution of India, RTI Act 2005 as well as for the directions of Hon’ble Supreme Court of India as they deliberately, malafidely and negligently refused and overlooked to the directions of citation referred in the RTI Applications explaining the matter of Life and Liberty and hence are guilty of Contempt of RTI Act as well as of Hon’ble Supreme Court Order. The applicant while requesting information, relied on the case of Sheela Barse V. State of Maharashtra, AIR 1983 SC 378 where it was held that :-
The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty.
It is therefore the applicant/undersigned most humbly prays to dispose off this appeal within 48 hrs as the matter pertains to life and liberty as explained above with the followings in this regard in the interest of justice :-
1. The Public information Officer be directed to immediately release the complete information as requested vide all applications/letters mentioned in Reference above.
2. The requested information may kindly be furnished vide independent replies in reference to aforementioned 3 letters in place of single reply.
3. The applicant/undersigned make kindly be exempted in view of section 7(6) of RTI Act 2005 from payment of any fee payable by me on account of default on the part of PIO to supply information within prescribed time.
4. To initiate action u/s 20 of RTI Act 2005 as well as section 166 of IPC against the concerned staff responsible for delay
Enclosures :-
Annexure 1:- RTI application dated __________
Name
Address
Appellate Authority
Joint Commissioner of Police
Sub:- Appeal u/s 19(1) r/w Section 20 of RTI Act 2005 for Matter arising out of absence of any response from the Public Information Officer within prescribed time.
References:-
1. RTI Application dated xx/xx/2010 (Annexure 1)
Sir
The applicant/undersigned is compelled to make this appeal as the Public Information Officer, xxxxxxxxxx, New Delhi has not supplied any information in regards to above mentioned references till date and hence deemed refused in view of section 7(2) of RTI Act 2005.
The requisite time for supply of information (48 hrs under Life and Liberty vide section 7(1)) has already expired. The RTI application was filed for reply within 48 hrs as the information concerns life and liberty of the applicant is restricted being in arrest as per records of P.S. xxxx vide FIR No. xx/xxxx.
It appears from the above mentioned facts that the staff of RTI Cell of xxxxxxxxx, Delhi has no honor and regard for the Constitution of India, RTI Act 2005 as well as for the directions of Hon’ble Supreme Court of India as they deliberately, malafidely and negligently refused and overlooked to the directions of citation referred in the RTI Applications explaining the matter of Life and Liberty and hence are guilty of Contempt of RTI Act as well as of Hon’ble Supreme Court Order. The applicant while requesting information, relied on the case of Sheela Barse V. State of Maharashtra, AIR 1983 SC 378 where it was held that :-
The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty.
It is therefore the applicant/undersigned most humbly prays to dispose off this appeal within 48 hrs as the matter pertains to life and liberty as explained above with the followings in this regard in the interest of justice :-
1. The Public information Officer be directed to immediately release the complete information as requested vide all applications/letters mentioned in Reference above.
2. The requested information may kindly be furnished vide independent replies in reference to aforementioned 3 letters in place of single reply.
3. The applicant/undersigned make kindly be exempted in view of section 7(6) of RTI Act 2005 from payment of any fee payable by me on account of default on the part of PIO to supply information within prescribed time.
4. To initiate action u/s 20 of RTI Act 2005 as well as section 166 of IPC against the concerned staff responsible for delay
Enclosures :-
Annexure 1:- RTI application dated __________
Name
Address
RTI for Information within 48 hrs under Life or LIberty
To Date xx/xx/xx
Public Information Officer
Police Headquarters,
Sub:- Request for information under section 6 & 7 of RTI Act 2005 within 48 hrs. regarding file movement in Delhi Police vide no. xxxxxxxx
Sir
It is submitted that xxx letters were issued by the xxxxxxxxxx vide no. xxxxxxxxx dated xx/xx/xxxx asking for the para/point vise reply to the rejoinder submitted by the applicant. The subsequent reminder vide dated xx/xx/xxxx and then again on xx/xx/xxxx (Annexure 1) were sent to DCP/HQ, Delhi, when no report was furnished within prescribed time duration by the office of DCP/HQ, Delhi to office of xxxxx, Delhi.
It is further submitted that when the applicant personally approached the office of DCP/HQ on xx/xx/xxxx, he was directed to contact the O/o Joint C.P., xxxxx, and from there it was stated that the file is sent to O/o Joint C.P. Southern Range. When the applicant approached the O/o Joint. C.P., xxxxxxxxxx, it was learnt that aforementioned file has been sent to DCP/xxxx and the reply is awaited.
It appears from the aforementioned facts that the concerned offices/officers/staff of Delhi Police has no honor and regard for the directions of Hon’ble Commissions, instituted vide the provisions of Constitution of India and hence causing intentional/deliberate delay in right to justice and hence the life and liberty of the applicant is being held at stake in the hands of concerned dealing officials.
It is therefore requested that the following information u/s 6 & 7 of RTI Act 2005 may kindly be furnished :-
1. Kindly provide the certified copies of all letters issued by the concerned offices of Delhi Police in respect of movement of file in matter vide no. xxxxxxxxxxx.
2. Kindly provide the justified reason as on record for forwarding the file to the concerned Office/Officer of Delhi Police with the specific para/point nos. of the aforementioned file, because it is apprehended that the aforementioned file is being sent to un-concerned offices for causing deliberate/intentional delay in adjudication of matter.
3. Kindly provide the reason for transferring the file to the O/o DCP/xxxx Distt., by the concerned staff/officer of office of Joint C.P. xxxxx Range, when there is no point related to xxxx Distt. existed in the Rejoinder submitted by the applicant.
4. Kindly intimate the reason as on record for sending the file to different offices/districts when the same can be enquired as per provisions of section 178 of Cr.P.C.
5. Kindly provide the duration in days within which the reply/report to be dispatched in such matters by the concerned office.
6. Kindly provide the certified copy of all Diary Dispatch numbers through which the aforementioned file is moved from one office to another till the file is sent to NCSC, Delhi or till the disposal of this RTI Application, whichever is earlier.
7. Kindly provide the name, rank and belt number, offices of all the officials including clerical staff, who dealt with the aforementioned file till the disposal of this RTI Application.
8. Kindly provide the provision of punishment available for officials deliberately delaying the disposal of matter.
9. Kindly provide details from records the action taken on officials if any, found causing deliberate, negligent delay of the matter by transferring the aforementioned file to office of no concerned.
10. Kindly provide the each and every movement details of this RTI application till its disposal.
The Postal Order no. xxxxxx is attached herewith as requisite fee under RTI Act 2005. The requisite information shall be furnished within 48 hrs as per section 7(1) or RTI Act 2005 as the information also concerns life and liberty as applicable vide Article 21 of Constitution of India being applicant in arrest as per records of P.S. xxxxxx in FIR No. xxx/xxxx. In this regard reference is in case of Sheela Barse V. State of Maharashtra AIR 1983 SC 378 where it was held as follows :-
The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty
The information shall be supplied free of charge in compliance of section 7(6) or RTI Act 2005 in case of delay.
Enclosures:-
Annexure 1:- Copy of letter dated xx/xx/xxxx from xxxxxx,
Name
Address
Public Information Officer
Police Headquarters,
Sub:- Request for information under section 6 & 7 of RTI Act 2005 within 48 hrs. regarding file movement in Delhi Police vide no. xxxxxxxx
Sir
It is submitted that xxx letters were issued by the xxxxxxxxxx vide no. xxxxxxxxx dated xx/xx/xxxx asking for the para/point vise reply to the rejoinder submitted by the applicant. The subsequent reminder vide dated xx/xx/xxxx and then again on xx/xx/xxxx (Annexure 1) were sent to DCP/HQ, Delhi, when no report was furnished within prescribed time duration by the office of DCP/HQ, Delhi to office of xxxxx, Delhi.
It is further submitted that when the applicant personally approached the office of DCP/HQ on xx/xx/xxxx, he was directed to contact the O/o Joint C.P., xxxxx, and from there it was stated that the file is sent to O/o Joint C.P. Southern Range. When the applicant approached the O/o Joint. C.P., xxxxxxxxxx, it was learnt that aforementioned file has been sent to DCP/xxxx and the reply is awaited.
It appears from the aforementioned facts that the concerned offices/officers/staff of Delhi Police has no honor and regard for the directions of Hon’ble Commissions, instituted vide the provisions of Constitution of India and hence causing intentional/deliberate delay in right to justice and hence the life and liberty of the applicant is being held at stake in the hands of concerned dealing officials.
It is therefore requested that the following information u/s 6 & 7 of RTI Act 2005 may kindly be furnished :-
1. Kindly provide the certified copies of all letters issued by the concerned offices of Delhi Police in respect of movement of file in matter vide no. xxxxxxxxxxx.
2. Kindly provide the justified reason as on record for forwarding the file to the concerned Office/Officer of Delhi Police with the specific para/point nos. of the aforementioned file, because it is apprehended that the aforementioned file is being sent to un-concerned offices for causing deliberate/intentional delay in adjudication of matter.
3. Kindly provide the reason for transferring the file to the O/o DCP/xxxx Distt., by the concerned staff/officer of office of Joint C.P. xxxxx Range, when there is no point related to xxxx Distt. existed in the Rejoinder submitted by the applicant.
4. Kindly intimate the reason as on record for sending the file to different offices/districts when the same can be enquired as per provisions of section 178 of Cr.P.C.
5. Kindly provide the duration in days within which the reply/report to be dispatched in such matters by the concerned office.
6. Kindly provide the certified copy of all Diary Dispatch numbers through which the aforementioned file is moved from one office to another till the file is sent to NCSC, Delhi or till the disposal of this RTI Application, whichever is earlier.
7. Kindly provide the name, rank and belt number, offices of all the officials including clerical staff, who dealt with the aforementioned file till the disposal of this RTI Application.
8. Kindly provide the provision of punishment available for officials deliberately delaying the disposal of matter.
9. Kindly provide details from records the action taken on officials if any, found causing deliberate, negligent delay of the matter by transferring the aforementioned file to office of no concerned.
10. Kindly provide the each and every movement details of this RTI application till its disposal.
The Postal Order no. xxxxxx is attached herewith as requisite fee under RTI Act 2005. The requisite information shall be furnished within 48 hrs as per section 7(1) or RTI Act 2005 as the information also concerns life and liberty as applicable vide Article 21 of Constitution of India being applicant in arrest as per records of P.S. xxxxxx in FIR No. xxx/xxxx. In this regard reference is in case of Sheela Barse V. State of Maharashtra AIR 1983 SC 378 where it was held as follows :-
The operation of Art. 21, insofar as it imposes procedural limitation on a law that effects personal liberty, commences as soon as interference with personal liberty commences and ends only when that interference ceases. Hence, this article becomes relevant as soon a person is arrested, and it remains relevant so long as he remains subject to a criminal prosecution that has resulted or might result in the deprivation of his personal liberty
The information shall be supplied free of charge in compliance of section 7(6) or RTI Act 2005 in case of delay.
Enclosures:-
Annexure 1:- Copy of letter dated xx/xx/xxxx from xxxxxx,
Name
Address
RTI exempted organizations
The List of 22 exempted organizations is given below:
Intelligence Bureau, Ministry of Home Affairs
Directorate of Revenue Intelligence, Ministry of Finance
Central Economic Intelligence Bureau, Ministry of Finance
Directorate of Enforcement, Ministry of Finance
Narcotics Control Bureau
Aviation Research Centre
Special Frontier Force
Border Security Force, Ministry of Home Affairs
Central Reserve Police Force, Ministry of Home Affairs
Indo-Tibetan Border Police, Ministry of Home Affairs
Central Industrial Security Force, Ministry of Home Affairs
National Security Guard, Ministry of Home Affairs
Research & Analysis Wing of The Cabinet Secretariat
Assam Rifles, Ministry of Home Affairs
Sashastra Seema Bal, Ministry of Home Affairs
Special Protection Group
Defence Research and Development Organisation, Ministry of Defence
Border Road Development Organisation
Financial Intelligence Unit, India
Directorate General Income Tax (Investigation)
National Technical Research Organisation
National Security Council Secretariat
Intelligence Bureau, Ministry of Home Affairs
Directorate of Revenue Intelligence, Ministry of Finance
Central Economic Intelligence Bureau, Ministry of Finance
Directorate of Enforcement, Ministry of Finance
Narcotics Control Bureau
Aviation Research Centre
Special Frontier Force
Border Security Force, Ministry of Home Affairs
Central Reserve Police Force, Ministry of Home Affairs
Indo-Tibetan Border Police, Ministry of Home Affairs
Central Industrial Security Force, Ministry of Home Affairs
National Security Guard, Ministry of Home Affairs
Research & Analysis Wing of The Cabinet Secretariat
Assam Rifles, Ministry of Home Affairs
Sashastra Seema Bal, Ministry of Home Affairs
Special Protection Group
Defence Research and Development Organisation, Ministry of Defence
Border Road Development Organisation
Financial Intelligence Unit, India
Directorate General Income Tax (Investigation)
National Technical Research Organisation
National Security Council Secretariat
RTI to get copy of and Byan / FIR from police
APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2005
The State Public Information Officer
O/o DGP
Full name of the applicant :
Father’s name :
Permanent address :
Phone: Email:
1. Particulars of information solicited :
a) Subject matter of information
Complaint copy in Criminal, Civil cases
b) The period to which the information relates : 2000 – 2010
c) Specific details of information required:
1. Please let me know when the police inform the person that there is a complaint against him, can that person be denied a copy of that complaint?
2. Please let me know under which section or law, the copy of the complaint can be denied to the accused?
3. Please let me know the designated officer to whom the accused can apply to in writing to get a copy of the complaint?
4. Please let me know if the accused can be denied a copy of the complaint before given his statement, byan or any information to the police?
5. Please let me know the action which can be taken against the Officer who refused to provide the copy of the complaint and to whom one should complain in writing regarding this matter?
2. Please provide the certified copies of the guidelines / official circular issued by you to your offices regarding the complaint copy matter.
3. Please let me know if the accused can be denied the complaint copy in English, official language of the country rather than the official language of the state.
4. Please let me know under which section or law, the copy of the complaint can be denied to the accused in English rather than the official language of the state?
All the above information may be sent by local speed post to the applicant’s address mentioned above.
Kindly provide information to each point separately. No clubbing of points even if information may be repeated.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act,2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Kindly provide information to each point separately. No clubbing of points even if information may be repeated.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Kindly provide the name & designation of the officer who is providing this information along with the details (name & designation) of first appellant authority as per rules of RTI Act. Since there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by registered / speed post on the address mentioned above, within 30days (thirty days). As prescribed under the Right of Information rule 2005
Your early reply will be appreciated.
Thanks & Regards,
The State Public Information Officer
O/o DGP
Full name of the applicant :
Father’s name :
Permanent address :
Phone: Email:
1. Particulars of information solicited :
a) Subject matter of information
Complaint copy in Criminal, Civil cases
b) The period to which the information relates : 2000 – 2010
c) Specific details of information required:
1. Please let me know when the police inform the person that there is a complaint against him, can that person be denied a copy of that complaint?
2. Please let me know under which section or law, the copy of the complaint can be denied to the accused?
3. Please let me know the designated officer to whom the accused can apply to in writing to get a copy of the complaint?
4. Please let me know if the accused can be denied a copy of the complaint before given his statement, byan or any information to the police?
5. Please let me know the action which can be taken against the Officer who refused to provide the copy of the complaint and to whom one should complain in writing regarding this matter?
2. Please provide the certified copies of the guidelines / official circular issued by you to your offices regarding the complaint copy matter.
3. Please let me know if the accused can be denied the complaint copy in English, official language of the country rather than the official language of the state.
4. Please let me know under which section or law, the copy of the complaint can be denied to the accused in English rather than the official language of the state?
All the above information may be sent by local speed post to the applicant’s address mentioned above.
Kindly provide information to each point separately. No clubbing of points even if information may be repeated.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act,2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Kindly provide information to each point separately. No clubbing of points even if information may be repeated.
Applicant may be supplied information under proactive disclosure under section 4 (1) (b) of RTI Act.
It is submitted that the above information sought does not fall within the exemptions U/S 8 of RTI Act, 2005 and to the best of applicant knowledge it pertains to your esteemed office in your statutory capacity as Public Information Officer u/s 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.
Kindly provide the name & designation of the officer who is providing this information along with the details (name & designation) of first appellant authority as per rules of RTI Act. Since there is every apprehension that the information being provided to me will not be relevant and will be misleading.
Further it is requested that the applicant (a citizen of India) would like to receive the above said information by registered / speed post on the address mentioned above, within 30days (thirty days). As prescribed under the Right of Information rule 2005
Your early reply will be appreciated.
Thanks & Regards,
RTI - LAW - Double maintenence - legal affair dept
Dt.
To,
M.K Sharma,
CPIO and Additional Legal Adviser
Ministry of Law & Justice, Deptt. of Legal Affairs
Room No. 417-A,
A-Wing, Shastri Bhawan,
New Delhi - 110001
Sub: A petition for information under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute”
Enclosed a postal order no: of each Rs. 10-00 in favour of the accounts officer, Legal affairs, Ministry of Law & Justice, New Delhi.
Dear Sir,
ABOUT MYSELF: I am ______, a resident of_________, state:___________
ISSUE: This is a petition under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute” I want to bring to your kind attention and notice a recent trend in the courts dealing with the family disputes between husband and wife. In case of dispute between husband and wife reaching courts the wife is seeking maintenance from the husband under various provisions of the law. In case the couple is Hindus then it is seen that the wife is seeking maintenance under atleast three provisions.
1. Domestic violence act:
I have reproduced the section 20(3) of the Domestic violence act below.
20(3) the Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
2. Code of Criminal Procedure 1973:
I have reproduced the section 125 of Code of Criminal Procedure 1973 below.
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,
A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
3. The Hindu Marriage Act , 1955:
I have reproduced the section 25 of Code of Criminal Procedure 1973 below.
25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
It is seen as a trend in the courts dealing with the family disputes between husband and wife that in order to harass the husband, wifes are filing for maintenance under all the available sections, Acts and forums with identical petitions with identical relief. In turn the husbands are running around all the courts with defending all the cases wherein identical accusations are made. This amounts to “Double jeopardy” for husbands. Even in various acts and also in constitution of India it barred to put a person on trial for same offence twice.
1. Section 71, second Para, Indian Penal Code.
“Section 71. Limit of punishment of offence made up of several offences
Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.
[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,
The offender shall not be punished with a more severe punishment then the Court which tries him could award for any one such offences.]”
2. Section 26, General Clauses Act, 1897.
“26. Provisions as to offences punishable under two or more enactments.- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.”
3. Article 20, Constitution of India.
20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
4. Section 300 of the Code of Criminal Procedure, 1973 lays down;
“300. Persons once convicted or acquitted not to be tried for same offence—
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof”.
SUGGESTIONS:
So it is clear that even though there is a bar on “Double jeopardy” in the constitution of India and in various other acts but still courts are allowing and accepting multiple maintenance petitions. Only way to solve this issue is by simplifying the maintenance laws in India i.e. by allowing maintenance just under one act and by abolishing all other maintenance under all other acts.
REQUEST FOR INFORMATION:
Dear Sir, please provide me the following information.
1. Is your department aware about the issues faced by lakhs of husbands facing maintenance cases under different sections of the Acts.
2. Is your department aware about loss of precious times of the various courts in deciding the same issue under various acts?
3. If the answers to the above questions are yes, then what steps are being taken by your department/ministry to address this issues.
Thanking you sir,
Yours truly,
To,
M.K Sharma,
CPIO and Additional Legal Adviser
Ministry of Law & Justice, Deptt. of Legal Affairs
Room No. 417-A,
A-Wing, Shastri Bhawan,
New Delhi - 110001
Sub: A petition for information under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute”
Enclosed a postal order no: of each Rs. 10-00 in favour of the accounts officer, Legal affairs, Ministry of Law & Justice, New Delhi.
Dear Sir,
ABOUT MYSELF: I am ______, a resident of_________, state:___________
ISSUE: This is a petition under “Right to information act–2005” regarding “Multiple provision of maintenance for wife in family dispute” I want to bring to your kind attention and notice a recent trend in the courts dealing with the family disputes between husband and wife. In case of dispute between husband and wife reaching courts the wife is seeking maintenance from the husband under various provisions of the law. In case the couple is Hindus then it is seen that the wife is seeking maintenance under atleast three provisions.
1. Domestic violence act:
I have reproduced the section 20(3) of the Domestic violence act below.
20(3) the Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
2. Code of Criminal Procedure 1973:
I have reproduced the section 125 of Code of Criminal Procedure 1973 below.
125. Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) His wife, unable to maintain herself, or
(b) His legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) His legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) His father or mother, unable to maintain himself or herself,
A Magistrate of' the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct.
3. The Hindu Marriage Act , 1955:
I have reproduced the section 25 of Code of Criminal Procedure 1973 below.
25. Permanent alimony and maintenance.- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant and the conduct of the parties, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
It is seen as a trend in the courts dealing with the family disputes between husband and wife that in order to harass the husband, wifes are filing for maintenance under all the available sections, Acts and forums with identical petitions with identical relief. In turn the husbands are running around all the courts with defending all the cases wherein identical accusations are made. This amounts to “Double jeopardy” for husbands. Even in various acts and also in constitution of India it barred to put a person on trial for same offence twice.
1. Section 71, second Para, Indian Penal Code.
“Section 71. Limit of punishment of offence made up of several offences
Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided.
[Where anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, or
Where several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence,
The offender shall not be punished with a more severe punishment then the Court which tries him could award for any one such offences.]”
2. Section 26, General Clauses Act, 1897.
“26. Provisions as to offences punishable under two or more enactments.- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.”
3. Article 20, Constitution of India.
20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than once.
(3) No person accused of any offence shall be compelled to be a witness against himself.
4. Section 300 of the Code of Criminal Procedure, 1973 lays down;
“300. Persons once convicted or acquitted not to be tried for same offence—
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of Section 221, or for which he might have been convicted under sub-section (2) thereof”.
SUGGESTIONS:
So it is clear that even though there is a bar on “Double jeopardy” in the constitution of India and in various other acts but still courts are allowing and accepting multiple maintenance petitions. Only way to solve this issue is by simplifying the maintenance laws in India i.e. by allowing maintenance just under one act and by abolishing all other maintenance under all other acts.
REQUEST FOR INFORMATION:
Dear Sir, please provide me the following information.
1. Is your department aware about the issues faced by lakhs of husbands facing maintenance cases under different sections of the Acts.
2. Is your department aware about loss of precious times of the various courts in deciding the same issue under various acts?
3. If the answers to the above questions are yes, then what steps are being taken by your department/ministry to address this issues.
Thanking you sir,
Yours truly,
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