RIGHT TO INFORMATION - 2016

January to April – 2016

Compiled By Fr. Paul G Documentation Centre∗

1. Access to files eludes RTI activist (1)

CHENNAI: The Revenue Department and the Tamil Nadu Archives have been passing the buck for

over 14 months now over granting access to certain files and documents dealing with transfer of

about 122-acre government land to a private hospital at Porur in 1995. V. Gopalakrishnan, a Chennai-

based activist, approached the Revenue Department and sought copies of files under the Right To

Information (RTI) Act in October 2014. The department, however, directed him to approach the

Archives Department saying files that were more than five years old would be maintained there.

However, officials at the Archives informed Mr. Gopalakrishnan that two of the files were sent to the

Revenue Department for reference in 2005 and they were never returned. “The Revenue Department,

on its part, claimed that the ‘RDC’ Section under it which was supposed to have received the files

never existed and hence it would not be able to provide copies of the files,” says the activist. Not

satisfied with the answers, the applicant had filed two appeals in the Tamil Nadu Information

Commission. The Commission said the PIO, the Assistant Commissioner of the Tamil Nadu Archives

and the PIO of the Revenue Department should together look for the files and hand over a copy of

them to the RTI applicant. “I had sought the GOs and note files dealing with the issue. Any transfer of

government land to private parties has to be kept carefully by the government. The 122-acre land

spread across five villages are said to have been transferred to a private trust and when I seek the

documents, the officials are not able to locate the documents except for one letter from Commissioner

of Land Administration to Revenue Department,” said Mr. Gopalakrishnan. Incidentally, in this letter

sent in December 2014 the Commissioner had recommended that the purchase of a piece of land by

a private trust in 1985 (in Porur) has to be considered “bogus” and “improper transactions in

poromboke (tank bed) lands.” “Naturally, therefore, the Trust will have to pay the costs of this

poromboke land to the government. I recommend that the government may take a decision to fix this

amount in relation to the local competitive market value of the land in question and also to determine

the number of times of this value (two or four) to be levied and collected from the trust,” the

Commissioner had added. In this backdrop it is crucial for the Revenue Department to furnish the

other related files, feels Mr. Gopalakrishnan adding that “any GO is a public document that should

made accessible to the people.” (The Hindu 2/1/16)

2. 160 mn Currency Notes of Re 1 Issued in Last Two Years: RTI (1)

MUMBAI: The Finance Ministry issued as many as 160 million currency notes of one rupee

denomination in the last two years, nearly two decades after they were taken off print, according to

queries made under the RTI Act. Delhi-based RTI activist Subhash Chandra Agrawal and Mumbai-

based RTI activist Manoranjay Roy had, in separate RTI queries, sought the number of one rupee

currency notes issued by the government in the last 20 years. "In 1994-95, total 40 million currency

notes of one rupee denomination were issued. Thereafter, there was no issuance of one rupee notes

from fiscal year 1995-96 till fiscal year 2013-14," the reply furnished by Deputy Manager (HR) and

Public Information Officer of Currency Note Press, G Krishna Mohan, said. However, in the fiscal year

2014-15, a total five million notes and in the current fiscal year, a total of 155 million notes of one

rupee denomination, were again introduced in the market, the reply said. It further said that in fiscal

year 1994-95, the production cost of 40 million currency notes of one rupee denomination was Rs

∗ This is a collection of previously published news and views from the print as well as the electronic media, whose

reference marked at the end of each news items. Department of Documentation and Library (DDL) of the Indian Social

Institute, New Delhi neither claims to the veracity of the facts in the news nor subscribes to the views expressed.

59,40,059, implying that the production cost stood at Rs 1.48 per note. Agrawal claimed, "I possess

the file notings and the correspondence which indicate that the process of reissuing new one rupee

notes at a high printing cost was a bureaucratic exercise carried out by the Manmohan Singh-led UPA

government, and it was done despite stiff resistance from the Reserve Bank of India (RBI)." "Besides,

one rupee note is being sold openly through websites at a premium price of Rs 50, which the apex

bank needs to put a check on," he said. Questioning the move to reissue the notes, Roy said,

"Considering the high printing cost of a one rupee note, and its very short life, this decision was

absolutely avoidable." Abhay Pethe, a professor in the Economics department of Mumbai University,

said there was no need for the RBI to print more one rupee notes unless it was mandated by the

government. "It doesn't have anything to do with the numismatic value also. The issuance of one

rupee notes is not going to increase their circulation either," he said. Explaining the nuances, RBI

spokesperson Alpana Killawala said, "One rupee note is actually a coin. And unlike the notes, which

are a liability of the RBI, coins are a liability of the Government of India. Hence, the decision to reissue

one rupee notes was taken by the finance ministry." She added, "Selling of one rupee notes at high

premium is a mutual bartering act between two or more individuals and it does not amount to

criminality." "The present stock of one rupee notes should be sold only as souvenir in attractive plastic

packing at a premium price, just as the silver-alloy commemorative coins are sold in plastic packing,

rather than putting them (one rupee notes) into circulation in the market," Agrawal demanded. The

limited number of one rupee notes would not stay in circulation anyway, as anyone getting them is

likely to keep it as a collector's item, he said. (New Indian Express 3/1/16)

3. Haryana spends Rs 11.80 cr on 'Beti Bachao Beti Padhao': RTI (1)

JIND: The state government has spent almost Rs 12 crore on the 'Beti Bachao Beti Padhao' scheme

since it was launched at Panipat in January last year, according to official reply to an RTI query.

Replying to an RTI query filed by INLD MLA Naina Chautala the state government said a sum of Rs

11,79,09,288 has been spent by the Centre and the state on government and private events related

to 'Beti Bachao Beti Padhao' scheme till now in Haryana. The government report said that Centre had

released a sum of Rs 2 crore for the two-day inaugural workshop on 'Beti Bachao Beti Padhao'

scheme in Panipat on Janury 21 and 22 last year. The inaugural function and the two-ay workshop

was attended by representatives of 27 states. Later in the year the Centre released Rs 2.23 crore to

the state for the implementation of the scheme, the report said. The government has chosen the

Ministry of Women and Child Development as the nodal ministry for the implementation of the

scheme with the Health and the Information and Broadcasting Ministry assisting it. According to the

report the Ministry of Women and Child Development spent Rs 3.55 Crore in the first phase of the

inaugural programme. In the same programme the department of education spent Rs 44.25 lakh

whereas Rs 2.74 crore were spent on the publicity of the scheme by the department concerned. The

department of health spent nearly Rs 15 lakh, the report said. Also in 'call for action' programme held

on July 21, 2015 to popularise the scheme, by Population Services International with the help of the

government, different government departments spent nearly Rs 66.5 lakh, the report said. Bollywood

actor Parineeti Chopra was also invited for the 'call for action' programme at Gurgaon. (Times of India

6/1/16)

4. RTI reveals delay doubled cost of court complex (1)

Kolhapur: An RTI application has revealed that the cost of the court complex on Kasba Bawada road

doubled from Rs 28 crore to Rs 55.08 crore due to the delay in completing the project. Civic activist

Dilip Desai, who filed the application, said that as per the work order, the construction was supposed

to be completed by August 2011. The project was approved in 2007 and the public works department

issued the work order to the private contractor in August 2009. The PWD had granted the

construction tender to a private company based on the terms that it (the company) will finish the work

in 24 months. The complex has been awaiting inauguration for the last four months. PWD officials

confirmed on at least two occasions that the budget was extended from the original provision of Rs 28

crore. "The PWD failed to clarify why the project was delayed which resulted in cost escalations. In

the end, the taxpayers' money is wasted and PWD has taken no action against the contractor," he

said. The activist wrote a letter this week to the principal accountant general of Maharashtra to

conduct a thorough inquiry into the cost escalation and sought the attention of the auditor to the

multiple extensions granted to the contractor. "Even though a three-year extension expired on August

2014, the project was declared complete in September 2015. There was no report of action taken

against the contractor," Desai wrote to the auditor. Desai had also written a memorandum on January

5 to the Kolhapur Municipal Corporation and other government agencies attracting their attention to

the case. He asked the officers whether the inquiry into building permission has been completed. He

had earlier alleged that the PWD had constructed the building without taking permission from town

planning department and had not obtained environmental clearance. The PWD officials have declined

to comment on the issue. (Times of India 8/1/16)

5. Govt unlikely to suggest bringing judges appointment under RTI (1)

New Delhi: The government is unlikely to suggest bringing under the ambit of RTI the process of

appointment of judges to the Supreme Court and the high courts amid feeling that it would not be a

practical idea. There is feeling within the government, sources said, that bringing the process of

appointment and elevation of judges to the Supreme Court and the 24 High Courts under the

transparency law would not be practical as the collegium will be flooded by RTI applications from

candidates and other "interested parties" seeking details of files notings and other details. But at the

same time, amid calls to make the system of appointment of members to the higher judiciary more

transparent, government is likely to include a clause that any dissent note to a recommendation of the

collegium to appoint or elevate a judge should be mandatorily shared with the Executive. When the

Supreme Court was hearing ways to improve the collegium system, government had pressed for

bringing the system of appointment under the ambit of RTI to usher in greater transparency. The

Chief Justice of India (CJI) and members of the collegium will take a final call on the draft

memorandum of procedure which the government will hand over to the CJI in the coming days. The

MoP is a roadmap on how a judge will be appointed. As of now, there are two MoPs -- one dealing

with appointment of Chief Justice of India and other judges of the Supreme Court and the other

dealing with appointment of chief justices and other judges of high courts. The draft MoP for

appointment of members to the higher judiciary is being prepared after the Supreme Court struck

down the National Judicial Appointments Commission (NJAC) Act on appointment of judges to the

apex court and high courts. While deciding on ways to improve the collegium system, the Supreme

Court had recently left it to the law ministry to draft the MoP in consultation with CMs and chief

justices of the 24 high courts. The four issues highlighted by the draft MoP are transparency in the

appointment process, eligibility criteria, a permanent secretariat for the collegium and a process to

evaluate and deal with complaints against candidates. Government and judiciary are learnt to be on

the same page on the issue of creating a permanent secretariat. (Business Standard 11//16)

6. Toor dal: RTI reveals only 50 FIRs in 5,592 raids (1)

MUMBAI: Only 50 first information reports (FIRs) were registered against alleged hoarders in the

5,592 raids carried out State-wide on godowns by the government after the price of pulses, especially

toor dal, skyrocketed in November last year. The raids led to seizure of over 1.36 lakh metric tonnes

of illegally stocked pulses, oil and oil seeds. This was revealed in the reply by the Food, Civil Supplies

and Consumer Protection Department to an RTI application by activist Anil Galgali seeking

information on cases registered in these raids. According to the reply, the seized commodities are

worth Rs 539.5 crore. Of the seized commodities, around 1.33 lakh metric tonne is pulses while

491.185 metric tonne of oil and 2451.433 metric tonne of oil seeds were seized. As per data,

maximum seizures were made in Mumbai and Thane divisions – 67,065 metric tonnes worth Rs

458.54 crore. “It is really interesting that despite over 5,500 raids, the department has filed FIRs in 50

cases only. I have written to Chief Minister Devendra Fadnavis requesting him to make public the

names of those named in the cases,” said Mr. Galgali. According to officials, the FIRs have been filed

under the Essential Commodities Act, and it will be very difficult for the accused to go free. Even

though cases have not been registered, an official said, hoarders who were raided will not be spared.

“The hoarder has to present himself before a quasi-judicial body comprising the district’s Collector

and food price controller. A detailed process will follow,” the officer added. Following a sudden rise in

the prices of tur dal, the government began raiding godowns to seize pulses and other essential

commodities. As per data with the State department, fall in production of toor dal had led to the rise in

prices. While Maharashtra produces an average 9-10 lakh metric tonnes of toor dal every year, 2014-

15 witnessed drop of over 55 per cent in production volume. The situation is unlikely to improve in the

coming year as the estimated volume of toor dal production is around 5.10 lakh metric tonne for 2015-

16. (The Hindu 12/1/16)

7. Law needs more bite to protect corporate whistleblowers (1)

The Whistleblower Protection Act, 2011, must be amended to include protection to private

enterprises, say lawyers in the light of the recent murder of V Venkateswarlu in the city. The police

department is working on a theory that Venkateswarlu had been killed because he was threatening to

expose corruption within the publicly-listed `3,911-crore Kalpataru Power Transmission.But given the

current legal situation in India, lawyers theorise that Venkateswarlu could not have sought official help

or intervention in this regard as the Whistleblower Act provides protection only to public servants or

those working for NGOs who have a "public interest disclosure" to make. "Private entities or

corruption in private entities would not fall under the perview of the Whistleblowers' Act," said lawyer K

Krishnaswamy . In recent years, there have been a few murders that caught the limelight like that of

Indian Oil Corp officer Shanmugham Manjunath, who was murdered for sealing a petrol pump that

was selling adulterated fuel. His life was turned into the 2014 movie Manjunath.Another famous case

is that of engineer Satyendra Dubey , who exposed graft in NHAI's Golden Quadrilateral project.

"Unless there is an element of public interest say someone is willfully misusing their power orand

causing a loss to the government or there is a wrongful gain to a public servant it will not fall under the

Act," lawyer V Rangachari said. RTI activists, who file peti tions that are legitimately in the interests of

the larger public, also don't qualify for protection under the Act. Many of the murders of activists

seeking to expose corruption in the National Rural Employment Guarantee (MNREGA) scam, for

example, happened because both the Whistleblowers Act and the Right to Information Act, 2005

provide inadequate protection to those outside the bureaucracy , said lawyers. As a publicly-listed

company on the Bombay Stock Exchange and the National Stock Exchange, Kalpataru falls under the

SEBI scanner (Securities and Exchange Board of India) and must disclose all its activities to the

Registrar of Companies. "He could have asked for protection outside of the Act. He is perfectly

entitled to legal help and protection from the government and police irrespective of whether he is a

public servant or not," said former additional solicitor general of India P Wilson. (Times of India

15/1/16)

8. CIC to varsities: Provide answer sheets at Rs 2 per page (1)

New Delhi: Universities and examining bodies cannot charge more than `2 per page for providing

copies of evaluated ans-wer scripts to students, the Central Information Commission has ruled as it

struck down the Rs750 per answer sheet fee imposed by the Delhi University. In a stern order,

information commissioner Sridhar Acharyulu said the Delhi University, by imposing a high fee of Rs

750 for providing acc-ess to answer sheets under the RTI Act, has created two classes of students —

those who can afford to have a copy by paying `750 and those who cannot, which is a clear breach of

right to equality guaranteed by Article 14 of the Constitution. Citing the RTI rules of the Delhi

University, information commissioner said it has not applied these for copies of answer sheets sought

under the transparency law and that it cannot discriminate by asking higher cost for copies of answer

sheets from a student and Rs 2 per page for other documents. “Even if we accept co-ntention that the

respondent authority (DU) was autonomous and competent enough to make its own rules and

regulations, that authority has no power to re-strict the access to information which was guaranteed

by the RTI Act,” he said. He was hearing the complaint of DU student Abne Ingty who approached the

transparency panel challenging the cost of `750 per question paper imposed for accessing answer

sheets under the RTI Act. Ingty was asked to deposit `3,750 for getting copies of answer sheets for

five papers. Mr Acharyulu said he found merit in Ingty’s contention that prescribing unreasonable cost

and time constraint will amount to complete denial of information to the students on grounds of their

economic status. He said a university or any other authority cannot use its authority to make

subordinate legislation to infringe the legal and constitutional rights of the students or citizens. The

CIC held that DU or any other university or public authority cannot ignore or bypass the mandate of

Parliament given in RTI Act. Acc-ording to the information commissioner, charging of Rs 750 amounts

to breach of Sections 3, 6 and 7 of the RTI Act. (Asian Age 18/1/16)

9. Over Rs 28 lakh unrecovered from repatriates: RTI (1)

Mumbai: A total of Rs 28.86 lakh is lying unrecovered from Indians who were repatriated, an RTI reply

has revealed. Pune-based activist Vihar Durve had filed an RTI query with the Mumbai Regional

Passport Office in September last, seeking status of repatriation charges recovered from cases filed

from 1980 to 2011. The reply that from 1979-80 to 2010-11, Rs 74.45 lakh was given to repatriates

who did not have enough means to return. Their homecoming was facilitated with a promise that they

would return the money after their arrived. However, only Rs 45.59 lakh was recovered and Rs 28.86

lakh is still lying unrecovered. The audit scrutiny into repatriation registrations made with the Mumbai

RPO was conducted by the Comptroller and Auditor General of India. The reply revealed that out of

414 repatriation cases, charges were recovered only in 126 cases. A senior Mumbai RPO officer said,

“The money was spent to help countrymen who lost everything. It was a small gesture to serve our

people by our embassies and missions abroad. But as and when, we trace the defaulter while he/she

applies for fresh issuance of passport, we recover the money,” he added. He said to deal with such

cases, a new system, Prior Approval Category, was introduced in 1993, which feeds the name of a

repatriated person in the database. — PTI (The Hindu 21/1/16)

10. CIC pulls up NCERT for chopping out content on Vivekananda, Bose (1)

New Delhi: The CIC has pulled up NCERT for chopping out content on national leaders like Subhas

Chandra Bose and revolutionaries from its text books and directed it to suo-moto disclose the reasons

behind such decisions. In a terse order, the Commission asked NCERT to disclose why content on

Swami Vivekananda was reduced from 1250 to 37 words in Class XII history books and completely

removed from Class VIII books. The case reached Information Commissioner Sridhar Acharyulu

through a plea of Jaipur-based Suryapratap Singh Rajawat, who criticised non-inclusion of history of

eminent personalities and revolutionaries in the NCERT books. Through a series of RTI applications

and public grievance application, Rajawat claimed content on 36 national leaders and revolutionaries

like Chandra Shekhar Azad, Ashfaqullah Khan, Batukeshwar Dutt, Ram Prasad Bismil among others

was completely missing from history text books of NCERT. Not getting satisfactory reply, he

approached the transparency panel. During the hearing before the CIC, Rajawat asserted that it was

not appropriate to give 37 pages to cricket and history of cloth but nothing on the lives of freedom

fighters. Rajawat submitted a table in which the photos of these great persons was inserted with a tag

'not found' in NCERT text books. The official representing the NCERT said all the suggestions made

by the appellant will be placed before the Syllabus Revision Committee and would implement the

committee's recommendations as given by them. Professor Neeraj Rashmi, representing NCERT,

said they could not interfere with the independent committee which decides the content of lessons

and textbooks….. (Business Standard 24/1/16)

11. Do not disclose details of minors without parents’ consent: CIC (1)

New Delhi: In a stern order, the Central Information Commission (CIC) has said schools and

Education Department should not disclose information about children under the RTI Act without

consulting their parents. The commission admonished the principal of RD Public School and the

Central Public Information Officer (CPIO) of the Directorate of Education (DoE) of the Delhi

government for disclosing information about a student to his relatives who had a dispute with the

student’s family. Information Commissioner Sridhar Acharyulu said the principal of the school himself

had told the DoE that his school did not come under the RTI Act and the applicant was involved in a

dispute with the student’s family. “There are several incidents reported that rivals of the parents or

quarrelling spouses take the child from the school. Revealing the details of the child might lead to

kidnap or murder etc. During the stay of the child in school, the principal and teachers have a duty of

guardian and any negligence on their part might harm the student,” Mr. Acharyulu said. The principal

feared disclosure would cause damage to the boy but still gave documents related to the student, he

noted. “The school should not have furnished the copies of the CBSE certificate of the child. Another

letter from the CBSE given to the school granting direct admission to 10 students including the boy

was also furnished to the appellant,” Mr. Achayulu said. The Information Commissioner said the

Central Public Information Officer of the DoE gave all this information to the RTI applicant Lalit Kapur

without applying his mind, and not thinking about the security issues that might arise for the boy. “The

commission directs the CPIO and the principal not to disclose personal information of the students to

any person, much less to his so-called relatives, without following the procedures under Section 11 of

the RTI Act,” he said. He said it was revealed that the CPIO did not follow the mandatory process in

Section 11 of the RTI Act to seek the opinion of the parents of the child, the third party. “The request

for information is certainly personal in nature and third party information of a minor student and its

disclosure may not enhance the welfare of the child. “It is interrogative in nature and he is fishing to

find a basis to embarrass the child or his family not with a good motive and for some unspecified

purpose, which is certainly not ‘public purpose’,” Mr.Acharyulu said. The commissioner said that

irrespective of the opinion given by a third party, the CPIO would have to decide based on his

discretion to fulfil the objectives of the RTI Act.Issuing a show cause notice to the principal and the

CPIO, Mr.Acharyulu asked why maximum penalty should not be imposed on both of them and

disciplinary action initiated for not complying with the provisions of Section 11 of the RTI Act and

causing breach of the privacy of the child and his parents. In a warning to the RTI applicant,

Mr.Acharyulu said, “The Commission records its admonition against the appellant for misuse of the

RTI against the school child and warns him against such misuse in future. His second appeal is an

extension of abuse and hence rejected. The commission records its contempt against him and

imposes a penalty of Rs10 to be paid to the principal of the school.” — PTI (The Hindu 27/1/16)

12. No rules flouted for Hema Malini, says State (1)

MUMBAI: The BJP-led State government on Friday claimed that the land allotted to party MP and

actor Hema Malini for her dance school was as per prescribed norms and that no rules had been

flouted. However, the government failed to explain the reasons behind allocating the land even before

Ms Malini surrendered the plot that was earlier allotted to her in Versova to the Mumbai suburban

collector. It has also not explained as to why the condition of securing 25% amount of total project

cost with the government was not followed in this case, as mandated while allotting land. On

Thursday, activist Anil Galgali had released information obtained under Right to Information (RTI) Act

from the Mumbai suburban collector, which stated that a plot admeasuring 2,000 sq m at Ambivli in

Andheri was given to the actor’s dance school at Rs 70,000. The market value of the same plot is

estimated to be around Rs 50 crore. The government clarified that the plot had been allotted to the

actor according to the decisions and existing norms and that no decision had been taken outside the

purview of this policy. Neither Revenue Minister Eknath Khadse nor senior officials could explain the

reason for the delay in Ms Malini surrendering the Versova plot. Ms Malini’s trust had initially

demanded 1,741.89 sq m plot at Versova. The Revenue Department, through its letter dated January

3, 1997, had issued orders to Mumbai Suburban Collector to hand over the plot with a written

undertaking from the trust that it will pay the total cost of the land. The possession was given to the

trust in April 4, 1997. The trust even paid Rs 10 lakh on January 2, 2002. However, the trust sought

another plot as the Versova land fell in Coastal Zone Regulation area and no construction was

possible. Following that, the trust sought 5,000 sq m plot at Ambivli in Andheri. State Congress

President Ashok Chavan accused the BJP on Friday of violating rules. “The government is indulging

in double standards in the plot’s allocation. It had earlier said they will formulate a fresh policy on

granting government land, which directly affects the State exchequer but in the case of the BJP MP,

no such procedure was followed,” said Mr Chavan. (The Hindu 30/1/16)

13. RTI activist attacked for seeking information on illegal mining in Gujarat (1)

Ahmedabad: A Right to Information (RTI) activist was allegedly attacked by a group of unidentified

persons outside the Collector office in Tapi district of Gujarat for allegedly seeking information and

opposing "illegal mining" there, police said on Wednesday. The incident took place yesterday and a

complaint was filed under Indian Penal Code (IPC) sections 143 (unlawful assembly) and 323

(voluntarily causing hurt) late last night against the unknown attackers, though no arrests have been

made so far, they said. The activist, identified as Romel Sutharia, was assaulted by over a dozen

persons, who also snatched his file bearing documents he had obtained through the RTI when he was

on his way to the Collector office for a hearing on his complaint to the Governor. Sutharia alleged that

majority of 62 sand and stone quarries that were given license by the District Mines and Mineral

Department were in contravention of environmental guidelines laid down by the government for stone

crushing, and were therefore illegal. "On November 23 last year, I had written to the Governor on

large-scale illegal mining of sand and stone over Tapi river and across the district. Collector called me

for hearing yesterday when I was attacked," Sutharia said. Police said they were trying to obtain the

CCTV footage to ascertain the identity of the accused. "We have registered an FIR against

unidentified persons and are investigating the matter. We will obtain footage of CCTV cameras

installed in the District Collector building," said Vyara Police sub inspector Kantibhai Motavar. The

activist had sought detailed information on mining of sand and stone from the office of the Mines and

Mineral Department of Tapi district administration. (Asian Age 3/2/15)

14. Notices to officials for violating RTI norms (1)

KURNOOL: The State Information Commissioner Lam Tantiya Kumari directed officials on Thursday

to serve show cause notices to the Administrative Officer of Kurnool RDO office, Kurnool Vocational

Education Officer and Public Information Officer of Adoni mandal revenue office, for not giving

information within the set time limit to applicants under the provisions of Right To Information Act.

Officials should furnish comprehensive information sought by applicants under Right To Information

Act within the stipulated time frame and obtain receipt from the applicants and inform her office on

payments made by them, she said. The Information Commissioner reviewed the implementation of

RTI Act with Public Information Officers of various departments and District RTI Petitioners

Coordination Committee member and District Allopathic Hospitals (Private) Establishment Committee

member Puli Damodaram in the State guest house here. She received applications and complaints

from people. Of the 37 complaints pertaining to the Revenue, District Registrar, Stamps and

Registration, Social Welfare and Vocational Education Office, applicants were provided information

sought in 23 cases, Ms. Tantiya Kumari directed officials to fix a time within which information would

be furnished and submit a final report to her for initiating action in case of 10 pending applications.

One case was put off after hearing it. The departments should get information from offices in their

purview and give to applicants, Ms. Tantiya Kumari said. (The Hindu 5/2/16)

15. SC: don’t disclose examiner’s name (1)

NEW DELHI: The Supreme Court on Thursday held that candidates in recruitment examinations can

seek scanned copies of answer sheets and tabulation of interview marks under the Right to

Information Act, but the right to information does not extend to disclosure of the names of their

examiners. In a judgment, a Bench of Justices M.Y. Eqbal and Arun Mishra said disclosure of those

who evaluated their mark sheets would not be in public interest. “If we allow disclosing name of the

examiners in every exam, the unsuccessful candidates may try to take revenge on the examiners for

doing their job properly,” Justice Eqbal observed in the verdict for the Bench. Such information may

lead to confusions and public unrest, the court said. The case saw extensive arguments by senior

advocate V. Giri, Supreme Court advocates Vipin Nair, P.B. Suresh and Viod Nair for the Kerala

Public Service Commission. The apex court was modifying a Kerala High Court judgment allowing the

disclosure of examiners’ names under the RTI Act to candidates of the Public Services Commission

examinations.The apex court, however, said release of the answer papers and interview marks would

prove helpful to the candidates. “This practice will ensure a fair play in this competitive environment,

where candidate puts his time in preparing for the competitive exams, but, the request of the

information seeker about the details of the person who had examined/checked the paper cannot and

shall not be provided to the information seeker as the relationship between the public authority, i.e.

Service Commission, and the examiners is totally within fiduciary relationship,” the apex court

observed. (The Hindu 6/2/16)

16. ‘Students should use RTI to check corruption’ (1)

WARANGAL: Senior Civil Judge G Neelima exhorted the students to play active role in ensuring good

governance utilizing the Right to Information (RTI) positively. She was addressing the students at an

awareness programme on the RTI at Sumati Reddy Institute of Technology for Women here on

Saturday. The programme was organized jointly by the Telangana RTI forum and the Telangana

Department of Culture and Language for engineering students. Ms. Neelima stressed on the need for

RTI Act and its importance. She asked the students to use RTI to curb corruption and bring in

transparency and good governance in the State. (The Hindu 7/2/16)

17. Where's corruption? ACB registered only 10 cases in 6 months (1)

New Delhi: If numbers are to be believed, corruption seems to be wiped out from the capital. From

June to mid-December last year, the anti-corruption branch of the Delhi government registered only

10 cases. An RTI reply showed that in these six months, not a single case was registered through the

anti-corruption helpline-1031. Direct complaints to ACB haven't fared much better either. Such cases

range from three in the month of July to nil in August and November. According to the RTI dated

December 16, the helpline received 34,652 calls in June, but not a single case was registered.

Similarly, it got 67,169 calls in September, but only 44,758 were answered, and 22,411 were

abandoned. Again, not a single case was registered from the calls received. In July, the number was

30,445 calls of which 203 were abandoned, while in October, the number of calls was 20,164 with

2,618 abandoned. The figure was 19,789 in August-91 abandoned-and 10,429 in November. The

number of calls abandoned in November was 221. The figure for December is partial, till December 9,

when the data was compiled by the Delhi government.Ved Pal, who filed the RTI, said, "I wanted to

know how the ACB was functioning, as it was advertised so extensively. But the answers were

shocking." The ACB seems to have fared only slightly better through cases that were referred to it

directly, and not through the helpline. The number of cases registered in June and October is two. the

department seems to have been most proactive in July, when three cases got registered. September

had only a sole case. Around a year ago, the Delhi government with much fanfare had relaunched the

anti-corruption branch and a revamped helpline. The idea was to make it a potent force that could

tackle corruption head-on. It was mooted after the positive response the ACB got in the brief tenure of

AAP in 2014, when it was in office for 49 days. However, it took a beating after a fight over the ACB's

control and its jurisdiction. (Times of India 9/2/16)

18. CIC pulls up MU over compliance to RTI rules (1)

Mumbai: The University of Mumbai has been pulled up by the Chief Information Commissioner for not

uploading data under 17 different heads that all universities have been asked to upload suo moto as

per the RTI Act. The CIC has asked the university to comply by February 15 and ensure the data be

updated regularly. While presiding over the hearing of a complaint filed by one J.R. Vora, CIC

Ratnakar Gaikwad questioned why MU had failed to upload data as per clause 4 of the Act that

stipulates proactive disclosure of details of the organisation. Mr Gaikwad also pointed out the

university had failed to comply with the other clause of the Act that expected institutions and

organisations to do proactive disclosure within 120 days of the Act coming into force. In its reply, the

university that was being represented by the appellate authority and the registrar on behalf of the

vice-chancellor informed Mr Gaikwad that the university had done proactive disclosure under seven

heads and work on collating information under the remaining 10 heads was underway. “Due to the

magnitude of the work and size of the university, work on proactively disclosing information under all

the stipulated 17 heads has been delayed. Information under the seven heads has already been

provided on the university website and details under the other heads will be uploaded soon too,” said

Dr Khan, registrar, MU. After the hearing, as per clause 19 (8) (k) of the RTI Act Mr Gaikwad

instructed MU through Dr Khan to upload details under all heads by February 15. According to MU

sources, since the Act was enforced in 2005, various departments that were expected to provide suo

moto information to be uploaded on the MU website had failed to do so. Repeated reminders also

failed to elicit compliance during the tenure of the previous VCs that included Dr Vijay Khole, Dr

Chandra Krishnamurthy and Dr Rajan Welukar. (Asian Age 12/2/16)

19. Probe NRHM funds embezzlement, Nainital admin told (1)

NAINITAL: After an RTI query revealed alleged embezzlement of National Rural Health Mission funds

in Nainital district to the tune of around Rs 11 crore, a magisterial court asked the district

administration to order an inquiry into the matter. Kunwar Singh Dev, a resident of Niglaat village in

Bhowali, requested the copy of the inquiry through an RTI application last month. "I got a 44-page

report which was submitted to the district magistrate with recommendation of special inquiry into the

matter. It indicates the irregularities of funds of around Rs 11 crore over the last three years of NHRM

scheme." The report points at financial irregularities in various aspects of the scheme, including

renting vehicles, purchase of computers, desktops and printers, and mis-reporting the numbers of

patients treated under the scheme. The report pointedly explained the lapse of Rs 5 crore in the

accounts of the health department for NHRM in 2013-14 in which Rs 12 crore were spent against the

sanctioned Rs 17.32 crore. The statistics from the department and account details failed to explain

where the money had vanished. The report also gave details of the misuse of the NRHM funds and

non-utilization of funds as per the needs of the region and patients. When contacted, officials of the

district administration told TOI that the matter was being considered with utmost importance and the

culprits, if any, would be made answerable as per law. (Times of India 14/2/16)

20. Info on land deals tops RTI queries (1)

Kochi: The district collectorate received 1,608 RTI queries in 2015. Of these, more than 50%

applications sought land-related information, with lawyers and organizations such as the Society For

Protection of River filing a large number of them. "In 2015, maximum number of applications wanted

details of land deals, followed by those on transfers and appointments, official inquiries, land

acquisition processes and steps taken to ensure disaster management facilities, especially in high-

rises," said Sumesh P S, an official who handles RTI applications at the collectorate. In January 2016

alone, 171 RTI applications have been filed. Majority of them wanted information on encroachments

on river banks, government land or mangroves. Apart from ordinary citizens and activists, political

parties are also now relying on RTI to gather information. "Among several political parties, AAP made

the best use of RTI. They used to file requests regularly regarding public information. While other

parties often file RTI to know about the progress of certain files, AAP asks for several important public

documents," said Sumesh. Meanwhile, environmentalist S Seetharaman said, "Authorities

purposefully delay responding to RTI queries citing several reasons, including having to forward

requests to other departments for information. The appeal commission also delays providing

information intentionally." (Times of India 16/2/16)

21. RTI activist seeks guv sanction to prosecute Siddaramaiah (1)

Bengaluru: Chief minister Siddaramaiah's Hublot watch could land him in some trouble as RTI activist

S Bhaskaran on Tuesday approached governor Vajubhai R Vala, seeking sanction to prosecute

Siddaramaiah under the Prevention of Corruption Act. In a letter to the governor, Bhaskaran sought

permission for prosecution as the CM had accepted an expensive gift. He claimed there is prima facie

evidence that the CM did receive an expensive gift as he has publicly acknowledged. But the fact that

the CM has not declared it before the Lokayukta or law-enforcing agencies attracts various provisions

of the Prevention of Corruption Act 1988, Indian Penal Code and the Income-Tax Act 1961. This

comes under Sec 13 (1)(D) of the Prevention of Corruption Act, he alleged in the letter. "I could have

approached police but do not have faith in them since they work directly under the CM. So I want to

file a private complaint against Siddaramaiah in court so that the entire issue can be investigated by

an independent agency and make way for a free and fair trial," Bhaskaran said. Meanwhile,

Siddaramaiah told reporters in Chamarajanagar, "I can't keep answering your questions about the

watch. I've no objection; let it be investigated. I'll give my answer to the governor." He chose not to

sport the costly watch during his campaigning on Tuesday but wore a different one. Activist's

questions* Can an elected representative accept gifts from anyone who is not a blood relative? * Who

was the person/ company/ organisation which gifted him this watch? * What did the person/ company/

organisation get in return from the chief minister? * Was it given to him for a plum post in the

government? * Was it given to him to cover up any scam or scandal? * Was it given to him to award

contracts worth crores of rupees?* Why did he not declare the gift to law-enforcement agencies? *

Where is the original purchase receipt of the expensive watch? (Times of India 17/2/16)

22. In 14 years, sexual offences against women in Gujarat rose by 82% (1)

Ahmedabad: In a state considered safe for women, an RTI query has revealed that sexual offences

against women had risen sharply (by 82%) in the past 14 years. This was revealed by the reply to a

query just a day before Saturday when the world will observe Social Justice Day. The reply has been

given by Sujata Majmudar, superintendent of police (admin) in CID (crime), in response to an RTI

application filed by city-based human rights activist Kaushik Parmar. The reply says that 235 cases of

rape were registered in the year 2001; this rose to 428 in 2015 - a rise of 82% in 14 years.Similarly,

cases of harassment also increased in the past 14 years, 13 of which were years when Narendra

Modi was Gujarat chief minister. In 2001, 803 cases of harassment and 91 cases of molestation were

reported. This increased to 1,238 cases of harassment and 32 of molestation, in 2015. Since 2010, as

many as 18,024 cases of human rights violation were registered in the state. The maximum number

of cases (3,707) in a single calendar year was registered in 2013. In 2015, till mid-July, 1,648 cases of

human rights violation were recorded.Parmar said that the figures are shocking. "The actual figures

could be much higher because not all cases are registered because of the apathy of the police and

the administration," he said. Interestingly, the RTI reply was in response to Parmar's query about

steps taken to curb cases of sexual offences. The reply said the government had observed women's

empowerment fortnight from August 1 to 15. It also said that various women-oriented programs had

been launched in the state. (Times of India 20/2/16)

23. Chief minister's office paying nearly Rs 8 lakh a month to eight officers on special duty,

finds RTI query (1)

MUMBAI: An RTI query filed by activist Anil Galgali has revealed that the chief minister's office (CMO)

incurs a monthly expenditure of Rs 7.7 lakh to pay these officers on special duty (OSD). Galgali feels

that for the fees paid, their performance should be evaluated. The CMO, however, feels these OSDs

are doing an important work. "All these officers have contributed immensely in various projects and

flagship programmes of the government and the chief minister monitors their performances

personally," the CMO reacted in a written note. It mentioned that governance programmes, such as

Aaple Sarkar, Right to Services Act and War Room that led to "good and speedy governance" were

handled by OSDs. "The state is also using modern communication platforms like Twitter, Facebook

and WhatsApp. These candidates are handling it for the government to make the state schemes and

decisions reach out to people. The OSDs have played an important role in the recent Make In India

Week." The CMO still has a vacancy for two OSDs. Galgali had sought information from the state

about the appointments of the eight external persons as OSDs in the CMO and details about their

salaries. Initially, he was provided incomplete information, which prompted him to file an appeal. He

was then provided with the names of the OSDs and the fees being paid to them—ranging from Rs 1.3

lakh to Rs 61,072 a month. The CMO clarified that the decision about the salaries of OSDs has been

taken as per the government resolution issued on December 10, 2010, by the previous government

and the same was being followed. (Times of India 23/2/16)

24. Guidelines for issue of FIR copy on RTI inquiry (1)

Thiruvananthapuram: The State Police Chief has issued directives for providing copies of First

Information Report (FIR) and general diary record in RTI inquiries. A circular issued on Tuesday said

copies of FIR could be provided if they did not come under the legal definition of secret document. It

said Public Information Officers could exercise their discretion in parting with information in response

to RTI inquiries.Citing a Delhi High Court ruling, the circular said six types of FIRs, classified as of

secret nature, need not be provided to the applicants. Besides, First Information Reports relating to

seven types of crimes (IPC 376, 376A, 376B, 376C, 376D, 376E and 377) which required the names

of the victims to be kept secret should also not be provided, along with those pertaining to cases

coming under the Protection of Children from Sexual Offences Act, Unlawful Activities Prevention Act

and Official Secrets Act. The circular also directed Public Information Officers not to provide copies of

First Information Reports relating to cases involving communal disturbances, terrorist activities, those

impacting on national security and juvenile justice cases involving children. It said the officers could

take a decision based on a case by case assessment. (The Hindu 24/2/16)

25. Delhi govt, NGOs try to resolve RTE grievances (11)

New Delhi: The government, with the help of NGOs, is trying to end confusion for parents who face

difficulties in getting admission for their wards under the EWS and disadvantaged group category

under the Right to Education Act. The Centre for Social Equity and Inclusion, a rights NGO which has

been involved in RTE implementation on the ground, believes schools are not taking any

responsibility as the process was done centrally. “Some children are shown as multiple entries, we

are not sure whether they will get admission. There are other cases which are showing that the data

is not proper. If there is any mismatch between the form and documents, the school is not taking any

responsibility and asking parents to go to the DoE,” CSEI’s Annie Namala said. “The administration

has not put up any helplines or helpdesks and no information or support was available in the

department. So a lot of NGOs opened up helplines and helpdesks. The state boards have taken

measures knowing the kind of children that will apply under this section. We need more support,

helplines and more centres run by the government,” she said. Ms Namala also pointed out that there

is a lack of categorisation and lack of understanding of the need for inclusion within the

administration, despite one of the purposes of Section 12 being the presence of diversity in

classrooms and children from different backgrounds studying together. “When we do not ensure that

happens, the purpose of the section is lost,” Ms Namala said, adding: “Inclusion is a mutual benefit for

all children; it is not that we are getting these poor children to study with better-off children.” Indus

Action, which works in tandem with the government for the implementation of Section 12(1)(c) of RTE,

has received nearly 300 grievances from parents. These grievances range from demand for money to

stopping parents from entering the school premises. Though they cannot instruct the schools to follow

orders, Indus Action has been able to resolve over 100 grievances through dialogue with schools by

showing correct circulars issued by the DoE, showing clarifications, etc. Indus Action, which has

helped in the completion of about 20,000 online forms in 2016, is also helping file grievances on the

DoE portal. It encourages parents to approach schools in large groups and get acknowledgement

receipts. Indus Action’s Anurag Kundu, however, said that the situation looks positive. In 2016, the

department of education set up a grievance redressal mechanism on the portal (edudel.nic.in) where

parents could fill the online admission form. Using this portal, parents can lodge their concerns, which

are being resolved on a case-by-case basis, said Atishi Marlena, the adviser to Delhi deputy chief

minister and education minister Manish Sisodia. The deputy directors of education have been

contacting almost every family, said Ms Marlena. “One DDE received 80 complaints and her office

was taking steps to find out what had happened,” she said. In cases of discrepancy in documents, the

DDE issues a direction saying no admission is to be given. The government apprehended problems

with the admission process, said Ms Marlena, and thus decided to resolve all issues of the families in

the first list and then draw a second list to allot the remaining seats. The process may be repeated up

to the third list, she said. (Asian Age 26/2/16)

26. Govt to probe alleged misuse of funds meant for Cubbon Park (1)

Bengaluru: An RTI query shows 68 security guards take turns to ensure safety of Cubbon Park, a

premier lung space in the city. However, walkers who take a stroll at the green space regularly, beg to

differ. According to them, not more than six guards can be found stationed at the park gates at any

given point of time. So, who is guzzling all the money allocated for payments of the remaining

guards? Questions like these and possibilities of funds misuse has prompted the department of

personnel and administrative reforms to conduct an inquiry into the matter. S Umesh, president,

Cubbon Park Walkers' Association, had filed a complaint with chief minister Siddaramaiah, pointing to

anomalies in the management of funds meant for the upkeep of the park. The direction follows a plea

from the association which raised concerns about the alleged involvement of the principal secretary

and deputy director of the horticulture department in misuse of funds sanctioned by the government

for the park's development. Speaking to TOI, Umesh said that lakhs of rupee are collected during

events like marathon and walkathon held at the park but they don't seem to be utilized for the park's

betterment. "Also, every weekend, on the occasion of vehicle-free days, artists are invited to perform

cultural activities in association with the Kannada and culture department. There is no transparency

on the money being spent on this. We were supposed to get a 92-page response to the RTI query.

But what we finally received is only half the data. We smell something fishy about all these

developments," he alleged.The complaint letter to the CM, a copy of which is available with TOI, also

alleges that some of the institutions which are under lease and located inside the park premises are

gradually encroaching upon the green space. "But no action has been initiated against them despite

repeated complaints," the letter adds. …….. (Times of India 2/3/16)

27. Officials dilly-dally as RTI applicants seek answers (1)

Bengaluru: Is the Right to Information (RTI) Act, 2005 a sure shot way to get government departments

to part with information? The huge number of appeals before the Karnataka Information Commission

(KIC) says otherwise. The KIC finds itself staring at over 34,000 appeals from those who have been

left dissatisfied with the first two levels of authority while trying to exercise their right — the respective

department’s Public Information Officer (PIO) and the first appellate authority within the department.

The numbers before these first appellate authorities are much higher, some running into lakhs, said

Chief Information Commissioner (in charge) L. Krishnamurthy. “The first appellate authorities are not

functioning properly, which is why applicants are turning to the second appellate authority, the KIC,”

he said. The most number of RTI applications come for three departments: Urban Development,

Rural Development and Panchayat Raj, and Revenue. This prompted Mr. Krishnamurthy to shoot off

a letter to Chief Secretary Arvind Jadhav emphasising the need to strictly implement the various

sections of the RTI Act. RTI activists point to the need to address the problem at the root, in this case

the PIOs. Jayakumar Hiremath said at present, they could be fined up to Rs. 25,000. “A heavier

penalty is needed, probably on the lines of fines levied on traffic violators. The amount needs to go up

for recurring violations,” he said. The problem will not be solved until higher-level bureaucrats are

made accountable, said Wing Commander G.B. Athri (retd). “Now, junior-level officers are made the

PIOs. At worst, they get away with penalties. The whole Act is being diluted because of bureaucratic

inaction,” he said. How long does one have to wait for a case to be heard? It could be over a year for

some. Right to Information (RTI) activist Wing Commander G.B. Athri (retd.) has written to the

Karnataka Information Commission (KIC) about several cases in which issue of initial notice has been

pending for two to 19 months. In one case, an order waited for nearly 4 years after 9 hearings. “I have

been denied rightful information for all these days by various public authorities without even being

issued notices by the KIC. This is completely diluting the RTI Act and lowering both the image and

influence of the KIC on the public authorities,” he said in the letter. Four Information Commissioners

(ICs) are finally set to take oath on Saturday. Chief Information Commissioner (in charge) L.

Krishnamurthy said the Finance Department had sanctioned seven posts for the Karnataka

Information Commission, including the Chief Information Commissioner’s post. “As of now, there are

two people working, including me. On March 5, four information commissioners will be sworn in. The

Chief Information Commissioner (D.N. Narasimharaju) is expected to take charge in May,” Mr.

Krishnamurthy said. While RTI activists said both the turnout and the intention were good, the concept

fails as the public information officers and bureaucrats do not act on the orders issued during such

adalats. Nevertheless, the KIC plans to hold similar adalats for the BDA and Karnataka Industrial

Areas Development Board. (The Hindu 5/3/16)

28. Keep parties out of RTI Act, CPI(M) tells SC (1)

NEW DELHI: Bringing a political party under the Right to Information Act will lead to an undemocratic

infringement on its confidential discussions, including its attitude to the government and plans to

organise agitations against the “wrong policies of the government”, Communist Party of India

(Marxist) general secretary Sitaram Yechury has told the Supreme Court. On behalf of his party, Mr.

Yechury made the statement in an affidavit filed in response to the Supreme Court’s query why

parties should not be declared “public authorities” under the Right to Information Act, 2005. If the

court decides that parties are indeed public authorities, six national parties involved in the litigation will

be accountable to the public and will have to disclose the details of their income, expenditure, funding

and donations and the identity of donors. Besides the Congress and the BJP, the petition filed by RTI

activist Subhash Chandra Agarwal and NGO Association for Democratic Rights arraigns the CPI(M),

the CPI, the Nationalist Congress Party and the Bahujan Samaj Party. The petition is based on orders

of the Central Information Commission in 2013 and on March 16, 2015, declaring all national and

regional parties public authorities. In a nuanced response, Mr. Yechury said his party believed in

transparency and giving the public access to the financial details of political parties. But the CIC’s

order to declare parties public authorities was wrong in facts and law. For one, Mr. Yechury argued, a

political party is a “voluntary association of citizens” who believe in an ideology. They hold free and

frank discussions. Declaration of a party as a public authority would “destabilise the very party system

in the country.” Opponents would use the RTI Act as a tool to gain access to confidential information.

“In a democratic political system, protection is granted to political parties to keep the confidentiality of

the inner-party discussions on policies, programmes, assessment of other political parties, the

governments, attitude towards them, chalking out agitations and struggles against the wrong policies

of the government, preparation of manifestos, selection of candidates and leaders to the various

levels of the party...,” the affidavit said. (The Hindu 7/3/16)

29. Centre to Seek States' Opinion on 'Controversial' UP RTI Rules (1)

NEW DELHI: The Centre has decided to circulate "controversial" RTI rules of Uttar Pradesh among all

the state information commissions to seek their comments. As per file notings, accessed by

Commodore (Retd) Lokesh Batra under the RTI Act, Secretary (Personnel) of DoPT Sanjay Kothari

said "we may circulate them to all state governments with a request to go through them and send their

comments to government of UP with a copy to us"."We may send it to Union CIC for info...

Subsequently, we may hold a workshop in this regard," he wrote. The RTI rules, framed by Uttar

Pradesh State Information Commission and vetted by the state government, have come under sharp

criticism of the activists who termed certain provisions as against the letter and spirit of the

transparency law. The rules put a cap of 500 words while filing an RTI application, besides do not

mention obligation of a public authority to display names of officials dealing with RTI applications on

public display. "Rule 4(2)...Clauses (ii) and (iii) do not take note of the caveat given in the Supreme

Court judgement in the CBSE vs Aditya Bandopadhyaya case in 2012 where the Supreme Court said

that of opinion or advice can be culled out from the official record then it may be given," said

Venkatesh Nayak, RTI activist with at Commonwealth Human Rights Initiative. Nayak said Rule

5(2)(iv) does not follow the lowest benchmark for fee rates set by the Central RTI Rules as well as

those of Uttarakhand and other states with regard to inspection of records. "Rule 7(8) does not

provide for search procedures to be initiated by the Commission when a public authority claims that

records are missing," he said. Nayak said these Rules do not differentiate between APL and BPL RTI

applicants. "Rule 4(5) is also against the spirit of the RTI Act where a PIO is not required to transfer

an RTI application to more than one public authority under Section 6(3) of the Act... A Full Bench of

the CIC went a step further and ruled in a case that where PIOs of multiple public authorities have

official email ids, the RTI application can be transferred to all of them at the click of a button instead of

following the DoPT's suggested route," he said. Nayak has said Rule 4(7) is in complete violation of

Section 10 of the RTI Act relating to severability of exempt information. The objections have been

supported by Commodore (Retd) Lokesh Batra and UP-based activist Urvashi Sharma. Sharma said

the rules allow an RTI applicant to take back his plea, stop all the proceedings after the death of an

applicant, besides take back order of penalising an erring PIO which will open floodgates of threats

and abuses aimed at the applicants. (New Indian Express 8/3/16)

30. Appointments in judiciary out of RTI (1)

NEW DELHI: The Union government on Tuesday said it had no plans to bring the process of judicial

appointments to the High Courts and the Supreme Court under the ambit of the Right to

Information(RTI) Act. In a press conference, Union Law Minister D.V. Sadananda Gowda said

transparency in judicial appointments could be achieved without bringing it under the information law.

The Minister said the memorandum of procedure (MoP) of appointments of judges to the Supreme

Court and the 24 High Courts was still in the final stage (The Hindu 9.3.16)

31. Maharashtra govt paid Rs 798 crore for closure of toll plazas: RTI (1)

Mumbai: Of the 38 toll plazas managed by the PWD, 11 were closed and Rs 226.51 crore paid to

contractor as full and final payment.- PTIOf the 38 toll plazas managed by the PWD, 11 were closed

and Rs 226.51 crore paid to contractor as full and final payment.- PTIGovt closed down 12 toll plazas

and waived off charge on light vehicles like private cars at 53 check points. Maharashtra government

paid Rs 798.44 crore as compensation to contractors for shutting down 12 toll plazas and waiving off

charge on light vehicles like private cars at 53 check points, according to an RTI reply. Maharashtra

State Road Development Corporation (MSRDC) and the Public Work Development (PWD) had to pay

Rs 798.44 crore as "compensation and return" to toll plaza contractors, as per the information

obtained by RTI activist Anil Galgali. "Of the 38 toll plazas managed by the PWD, 11 were closed and

Rs 226.51 crore paid to contractor as full and final payment," Galgali said quoting the information

provided by Under Secretary and Public Information Officer, PWD, Shailendra Borse. Of the 53

plazas maintained by the MSRDC, only one was closed for which the full and final payment return

amounted to Rs 168 crore, he said. Towards exemption on light vehicles at 27 toll plazas, PWD paid

the contractors Rs 179.69 crore. MSRDC paid the contractors Rs 224.24 crore towards exemption on

light vehicles at 26 toll points. A committee was formed by the state government last year to explore

the possibility of giving relief to people from the five entry points of Mumbai as well as Mumbai-Pune

Expressway. Despite the retirement of additional chief secretary (PWD) Anand Kulkarni who was

heading it, the report and recommendations are yet to shape up. As the report was not submitted

before Kulkarni's superannuation, Pune-based anti-toll activist Vivek Velankar has appealed to Chief

Minister Devendra Fadnavis to suspend the bureaucrat's retirement benefits. (Asian Age 12/3/16)

32. ‘Ministers answerable under RTI’ (1)

New Delhi: Ministers in the Union and state Cabinets are “public authorities” liable to answer public

questions addressed to them under the Right to Information Act, the Central Information Commission

(CIC) has ruled. This directive that ministers are answerable under the RTI Act will mean that people

can directly send questions to a minister by filing an RTI application which will be answered by a

public information officer in his office. “The Commission strongly recommends the Centre and states

to provide necessary support to each minister, including designating some officers, or appointing as

public information officers and first appellate authorities,” information commissioner Sridhar Acharyulu

held in his order. “The probable claim that Cabinet minister does not have the necessary

infrastructure to support the applicability of the RTI Act in as much as, the minister is a singular

person office... Hence cannot be held as ‘public authority’ is not tenable,” he held in a detailed order.

The information commissioner directed that “oath of secrecy” be replaced with “oath of transparency”

so that the minister will respect the right to information of the citizen, which was passed by the

Parliament and considered as fundamental right intrinsic in Article 19(1)(a) of the Constitution, and be

answerable/accountable to the citizens. Mr Acharyulu was adjudicating the case of Hemant Dhage of

Ahmednagar who sought to know from the staff of the then Union minister for law and justice the

scheduled time for people to meet the Cabinet minister and minister of state. He was directed to seek

time from the minister himself. Citing Ramayana, Mr Acharyulu said, “It is borne by epics that Emperor

Maryada Purushottam Shri Ram used to have a bell in front of his palace, and whoever rings it he

could come out of his residence to meet the citizen and hear him, reflecting grievance redressal

mechanism in Ram rajya.” (Asian Age 14/3/16)

33. AYUSH Ministry files complaint to probe 'fake' RTI query (1)

New Delhi, Mar. 15 : The AYUSH Ministry on Tuesday filed a formal complaint with the Delhi Police

asking them to probe the alleged 'fake' RTI query, in which journalist Pushp Sharma alleged that the

Centre's discrimination against Muslims in the Yoga teachers' selection process for International Yoga

Day is fabricated, adding that he has proof that all the RTI replies in his possession are authentic. The

Delhi Police have picked Sharma from his residence today evening for questioning and they are going

through the complaint. Apparently, Pushp Sharma has been arrested in connection with his story

published by 'The Milli Gazette' and other media outlets, portals and channels about an RTI reply

received from the AYUSH Ministry saying that as per the government policy, it did not recruit any

Muslim as Yoga trainer. Earlier, the AYUSH Ministry rejected a purported 'fabricated and mischievous'

Right To Information (RTI) reply which had claimed that the Centre does not recruit Muslims in the

ministry as a policy. The Ministry of AYUSH has noted with anguish certain mischievous

misinformation being spread in certain section of media and social media quoting a reply to an RTI by

mentioning a fabricated draft as Annexure I to that letter, which has never been issued by the Ministry

of AYUSH or any of its agencies. "The Ministry strongly condemns this piece of misreporting, clearly

aimed at causing chasm between different sections of society and promoting disharmony and mistrust

with ulterior motives," the Ministry said in a statement. The Ministry in a statement said, certain

mischievous misinformation is being spread in certain section of media and social media quoting a

reply to an RTI by mentioning a fabricated draft as Annexure I to that letter, which has never been

issued by the Ministry of AYUSH or any of its agencies. The Ministry said it is initiating proper action

in this matter. (New Kerala 15/3/16)

34. Decline in RTI queries and replies worries activists (1)

NEW DELHI:In a blow to transparency in governance, the number of RTI queries have declined as

have the number of public authorities submitting data on the legislation. The annual report of the

Central Information Commission (CIC) shows that a total of 7.55 lakh RTI applications were filed in

2014-2015, a decline of 79,000 since last year. Almost 90,000 RTI applications were pending decision

at the start of the reporting year of 2014-15. Of the 2,030 public authorities registered with the CIC,

only 75.27% submitted data on RTI for the year. This is much lower than 2012-2013, when of the

2,333 registered public authorities 79% submitted RTI returns. The proportion of rejection of RTI

applications has shot up by 1.2% in 2014-15. While only 7.20% of the RTI applications was rejected in

2013-14, this figure increased to 8.40% in 2014-15. "This is cause for worry and must be examined.

On the face of it, this comparative figure appears to support the anecdotal experiences of many an

RTI user that the public authorities under the government has begun rejecting more and more RTI

applications under the NDA regime,'' Venkatesh Nayak, from CHRI who analysed the data said. Data

related to CIC is not encouraging either. The commisison received 35,396 appeals and complaints

cases in 2014-15. It decided 20,181 cases during the year while 37,323 cases were pending before

the CIC as on April 1, 2015. CIC imposed penalties of over Rs 7 lakh on errant public information

officers in 2014-15. This figure has come down by 61% since last year, when fines worth Rs 19.25

lakh were levied. However during 2014-15, the CIC recovered penalties better as compared to the

previous year. It recovered Rs 11.31 lakh as compared to Rs 10.19 lakh which is about 10% higher.

Among the ministries and departments who have submitted information on RTI applications, the

largest number have been filed with the finance ministry as it includes banks, financial institutions,

insurance companies and tax authorities. The number of RTIs filed are about 1.4 lakh which has

declined by 6%. The other public authorities that have fewer RTI applications as compared to last

year are President's secretariat and ministry of external affairs. (Times of India 18/3/16)

35. RTI activist seeks action against MP (1)

Mumbai: Right to Information activist Anil Galgali has filed an application seeking that former Mumbai

Police Commissioner and current Member of Parliament Satyapal Singh be stripped of his

membership of Parliament. The application, which was filed before the office of the Election

Commissioner, the Lok Sabha speaker, and the Prime Minister’s Office, states that Mr Singh has not

followed election rules. The matter pertains to a flat that Mr Singh owns in the Patliputra Society in

Andheri, which had brought the MP in the eye of the proverbial storm after a flesh trade racket was

busted in it by the Mumbai Police’s Social Service Branch in June 2014. The former top cop had

escaped unscathed at the time, as the racket was being run by the person who he had rented the flat

to. According to Mr Galgali, he obtained information under the RTI Act last week that Mr Singh had

failed to pay a fine of Rs 48,420 imposed by the Collector, Mumbai suburbs, for renting out the flat

without proper permission from the collector. (The Hindu 21/3/16)

36. Police checking RTI pleas of activist (1)

MANGALURU: The police are going through the right to information applications filed by Vinayak

Baliga as part of the investigation into his alleged murder here on Monday. The 51-year-old Mr.

Baliga, an electrical contractor, was allegedly hacked to death by unknown assailants near his house

in Car Street on Monday morning. According to a police official, Baliga had filed many RTI

applications in the last three years. It includes on electrical issues, on building violations and some

pertaining to temples. “We are going through these applications to find leads to the perpetrators,” the

officer said. Mr. Baliga was attacked by the assailants a few meters away from his house when he

was going towards Tajmahal Hotel. The police could not gather much information from the images of

CCTVs installed near the place of murder. (The Hindu 23/3/16)

37. Can't disclose legal assistance offered to RAW agents: Govt (1)

New Delhi: Government has refused to give details of rules and regulations regarding the extent of

legal protection that is provided to officers and employees of the Research and Analysis Wing

operatives abroad The Cabinet Secretariat has refused to give these details under the Right to

Information Act saying Research and Analysis Wing which functions under it is exempted from any

disclosures under the law except allegations of human rights violations and corruption. The issue

becomes important in the light of Pakistan's allegations that they have arrested a purported spy of

RAW. Ministry of External Affairs has refuted the allegations saying the arrested person has no links

with the Indian Government. "There is no information in public domain about what must be done if,

heaven forbid, an Indian intelligence operative is murdered abroad. "This is a concern that is very

much valid even though it must not be taken as a comment on the latest incident of the apprehension

of an Indian national in Pakistan," RTI applicant Venkatesh Nayak told PTI. Nayak categorically told

RAW in his RTI application that he was not seeking details of the manner in which its officers involved

in overseas intelligence operations are trained to protect themselves against legal or illegal action by

law enforcement agencies in foreign countries. "The purpose of including this clarification was to

reassure them that I was not seeking information that would expose the training and other measures

that India's R&AW officers and other intelligence operatives are instructed to undertake to protect

themselves as such disclosure would most likely endanger them and would not be in the public

interest at this stage," Nayak, who is with Commonwealth Human Rights Initiative, said. (Business

Standard 27/3/16)

38. CIC sends notice to Intelligence Bureau over Chaturvedi report (1)

New Delhi: The Central Information Commission has issued a notice to Intelligence Bureau, an

organisation exempted from transparency laws except in some cases, asking it to explain why its

report on alleged harassment of whistleblower IFoS officer Sanjiv Chaturvedi by officials be not made

public. “The Intelligence Bureau is one of the organisations specified in Second Schedule to the RTI

Act u/s 24, exempting it from purview of RTI Act except when CIC considered that the information

sought is either related to corruption or violation of human rights by that organisation,” information

commissioner Sridhar Acharyulu said. He noted that the applicant has stated that the information

sought is relating to alleged violation of human rights. Mr Acharyulu said even if IB had objected to

sharing of its report, gist of which is already in public domain, the ministry of environment and forest

could have given a copy of it to Sanjiv Chaturvedi. “Even though the organisation/IB is totally

exempted under section 24, this kind of information could be furnished by IB. As per second proviso

to section 24, the information shall only be provided after the approval of the Central Information

Commission. Hence the applicant approached the commission seeking approval,” he noted. Mr

Chaturvedi, who exposed alleged forestry scam in Haryana, had sought the copy of IB report, which

was sent to Cabinet Secretary and the ministry of environment and forests in August, 2014, on the

issue of allegedly “foisting false cases against him in retaliation of his investigation and reports

against major corruption in the state.” (Asian Age 30/3/16)

39. CIC raps official for not giving IB report to whistle-blower (1)

Chandigarh: Rapping the information officer of the union Ministry of Environment and Forests for not

supplying the report of the Intelligence Bureau (IB) to whistle-blower IFS officer Sanjiv Chaturvedi,

regarding his alleged harassment during the Congress regime in Haryana, the Central Information

Commission (CIC) has sought the former's explanation to initiate penal proceedings against him.The

IFS officer, currently posted as deputy secretary at the AIIMS, New Delhi, needs a copy of the IB

report in connection with his petition before the Supreme Court, seeking action against Haryana

officials. The IB report belongs to "the issue of foisting false cases against him in retaliation against

his investigation, and reports against major corruption" in Haryana a few years ago. "There appears to

be truth in Chaturvedi's contention regarding the alleged harassment meted out to him by the Haryana

government," the intelligence bureau (IB) had informed the MoEF by submitting its report to the

ministry in 2014. The MoEF did not supply the report to Chaturvedi on the basis of IB's objection. IB is

one of the organizations specified in the second schedule to the RTI Act under Section 24, exempting

it from the purview of the RTI Act, except when CIC considered that the information sought is either

related to corruption or violation of human rights by that organization. "Though the IB has objected to

the disclosure, CPIO (Central Public Information Officer) of the MoEF should have exercised his

independent discretion with due application of mind in deciding whether the copy of IB report held by

them could be shared with the applicant," observed the panel. The commission directed the CPIO to

explain why penal proceedings shall not be initiated "for not applying his mind to exercise discretion

as required under RTI Act, to decide on sharing the copy of the IB report, the gist of which is already

is known." The panel has also decided to issue a notice to the intelligence agency asking it to send a

responsible officer to present their case. "It is no more a matter of secrecy. It has come into public

domain with extensive media coverage that the applicant (Chaturvedi) exposed the afforestation

scandal involving several politicians and bureaucrats leading to suspension of 40 public servants. He

is a whistle-blower indeed, who faced the wrath of corrupt public officers and became victim of several

kinds of harassment," observed information commissioner M Sridhar Acharyulu in his recent order.

(Times of India 1/4/16)

40. Provide compensation in cases of excessive detention, says CIC (1)

NEW DELHI: Prison authorities should not wait for detainees to approach courts seeking

compensation for custody exceeding their term and instead develop a mechanism for providing

compensation on their own, Central Information Commission has held. “It is the duty of the State to

provide for a system to see that no prisoner is detained even a minute beyond the term and, if it

happens even by mistake, it has to pay suitable compensation without driving the victims to courts of

law,” Information Commissioner Sridhar Acharyulu said.A Tihar prisoner O. P. Gandhi had

approached the Commission claiming that the relevant information and documents furnished by the

authorities evidently established that he was detained 18 days in excess and claimed adequate

compensation for this wrong done to him. Tihar authorities said they did not have any mechanism to

grant compensation on their own and, if Gandhi wanted compensation, he should have filed an

application. “The authorities should have justified the detention beyond term. That was not done. In

such cases, the good governance demands prompt payment of damages for the trespass to person

by false imprisonment under law of torts (civil wrongs),” Acharyulu noted. He said better

administration demands that the jail authorities should have a pre-determined system of calculating

the value of freedom approximately and, when he is released, the prisoner should get the duly

calculated amount to compensate for the “false imprisonment” without waiting for a formal filing of

petition. “Section 4(1)(c) and (d) of RTI Act mandate public authority to have such policy for better

governance,” he said. The Information Commissioner said when the right is already guaranteed under

Article 21 of Indian Constitution (personal liberty), and when it is proved that it has been violated, why

should State wait for a formal petition to be filed? “Why push the detained victim to file a suit in civil

court or write to higher courts seeking remedy for violation of personal liberty? In a welfare state, it is

the duty of the Sstate,” he said. Mr Acharyulu said if Tihar authorities required a formal petition for

compensation in such violations of excessive detention, they should have framed a format or template

and informed the prisoners to avail of such service by filling a formal application. “They should have

treated this second appeal itself as the formal application for the compensation and considered the

same positively,” he said. He said it will be a legitimate expectation of the people that responsible

officers would inform them that a system is in place to prevent excessive detention and, if it happens,

to provide remedy/compensation along with rates of compensation under the obligation of Section 4

of Right to Information Act, 2005. Directing the Tihar prison to positively consider plea of Gandhi for

compensation, Mr Acharyulu said the jail authorities should also have a fixed time to respond to the

petition with payment of compensation. – PTI (The Hindu 5/4/16)

41. Temple order: HC refuses urgent hearing to RTI activist (1)

Mumbai, Apr 7 () The Bombay High Court today refused to give urgent hearing on an application filed

by an activist seeking recall of its earlier order holding that it was a woman's fundamental right to

enter any place of worship and the state government's duty to protect this right. On April 1, a division

bench headed by Chief Justice D H Waghela observed that women have the fundamental right to

enter any place of worship where men too are allowed, and it was the government's duty to ensure

that this right was protected. The court had also ordered the state government to ensure strict

implementation of the Maharashtra Hindu Place of Worship (Entry Authorisation) Act 1956. The

directions were given while hearing a public interest litigation by senior advocate Nilima Vartak and

social activist Vidya Bal, challenging prohibition of entry of women in temples, like the Shani

Shingnapur in Maharashtra. Today, an application was filed before the same bench by an activist

from Thane district, Sunita Pal, seeking recall of the April 1 order of the high court on the grounds that

the court has misconstrued the Act and its provisions. Pal's advocate Subash Jha told the court that

the Act was not meant for gender discrimination and is not even remotely connected to the issues

raised in the PIL. "The Act was formed post Independence for Dalits and others from Scheduled

Caste so that there is no discrimination against them. If gender discrimination was the issue behind

forming the Act, then the legislation would have specifically mentioned 'women' in the Act," Jha

argued. The high court today, however, said before going to the merits of the application it would have

to first decide if such an application is maintainable."You (Pal) have filed application in a petition in

which you (Pal) are not even a party," Chief Justice Waghela said while posting the application for

hearing on April 11. (Times of India 7/4/16)

42. RTI Activists Cry Foul Over Defunct SEIAA Website (1)

CHENNAI: It’s been months since the official website of Tamil Nadu State Environment Impact

Assessment Authority (SEIAA) became defunct after a Pakistani group, Faisal 1337, has allegedly

hacked it. So far, the authorities have failed to restore the website leading to huge outcry among RTI

activists. Though the SEIAA confirmed that the website was defaced by Pakistani cyber attackers and

it lodged a complaint with the cyber crime branch, RTI activists allege that leaving it in a limbo was a

deliberate attempt to keep several incriminating documents out of public scrutiny. SEIAA website is

one of the sources through which public can challenge any environmental clearance granted to a

company. This legitimate right, the activists say, is being denied. RTI activist R Kothandaraman,

honorary president, Puducherry Environment Protection Association, said he had sent several e-mails

to SEIAA, environment secretary, union environment ministry and others, but haven’t got any

response. SEIAA chairman S Kalyanasundaram replied on March 21 via e-mail refuting the

allegations, but acknowledged that the website was hacked. He also claimed that the authority has re-

installed the WAMP server and hosted the Cleaned website and application post setup besides

configuring the firewall. It was awaiting domain redirection from National Informatics Centre (NIC).

However, activists are not ready to buy this argument. “The reason for us to become suspicious was

an environment clearance granted to a corporate giant involved in pharmaceutical business operating

in SIPCOT Industrial Estate in Cuddalore district. The EC was granted by SEIAA without jurisdiction.

The company is located in a critically polluted area, which means only MoEF can grant the EC. We

wanted to challenge it, but EC is not made available in the public domain. I have filed RTI applications

to SEIAA, Tamil Nadu Pollution Control Board (TNPCB) and environment principal secretary, but

none have furnished the documents,” they alleged. “TNPCB and the office of principal secretary of

environment in their replies maintain that they don’t have the copies of the EC, which is shocking.

SEIAA never replied. Astonishingly, some of the files relating to this particular pharmaceutical firm

have been removed from MoEF portal as well,” they added. (New Indian Express 8/4/16)

43. No provision for govt accommodation to 'outside cadre': RTI (1)

Mumbai, Apr 11 () Though there is no provision in state policy to provide government accommodation

to officers and employees of the 'outside cadre' in Maharashtra, an RTI query has found that some of

them have been provided this facility apparently by exercising special powers of the Chief Minister.

The Right to Information query, filed by activist Anil Galgali with the state General Administration

Department (GAD), had sought details regarding allotment of government accommodations to

Officers on Special Duty (OSDs) at Chief Minister's Office. In reply, GAD's Under Secretary S M

Dhule said there was no such provision in the policy, drafted in 1995, for providing of government

accommodation to the officers and employees of the 'outside cadre'. However, as per the RTI, the

Chief Minister has special rights to allot 10 per cent of the available accommodation as special cases.

Galgali had also sought the list of babus in the waiting list who were in queue to get the

accommodation, but it was not provided citing that the query was "out of scope".Galgali said he would

challenge it with the appellate authority. Earlier, an RTI query filed by Galgali had found that Chief

Minister Devendra Fadnavis appointed as many as eight external staffers as OSDs in CMO with

monthly expenses on their salary totalling Rs 7.69 lakh. Galgali said, "I filed this RTI query in the

follow-up of my first query to know that what are the other benefits these outsider staffers were

availing from the government bypassing senior bureaucrats' rights." When contacted, a senior officer

in Public Relations Department of the CMO office said they need time to respond the query. (Times of

India 11/4/16)

44. Delhi University refuses to reply to RTI plea on PM's BA degree (1)

New Delhi: Delhi University has declined to give information under RTI related to PM Narendra Modi's

bachelor of arts degree. The university cited inability to find information without a roll number as

reason for the denial. The plea was accepted by the central information commission (CIC), which has

dismissed the case. According to his election affidavit, he completed a distance education course

from DU in 1978. His subject is said to have been Political Science. This is not the first time details of

Modi's educational qualifications have been sought, and denied, under RTI. Earlier, Gujarat University

refused to make information related to the PM's masters degree public, saying that the marksheet and

other details were personal information. An RTI plea was also filed with the PMO on his MA degree. It

was turned down because authorities said that they did not have the information. Delhi resident Hans

Raj Jain had sought information on how many persons bearing the name of "Mr. Narendra Modi" had

passed BA in 1978 as external students. According to the order given by information commissioner

Sridhar Acharyulu, the chief public information officer said that admission is given based on a

candidate's roll number and the university would have to manually search for the candidate's name,

which was impossible. "Moreover the information sought is too general as he (applicant) wanted to

know details of all candidates bearing name starts with letters M (Modi) & N (Narendra)," Acharyulu

said. (Times of India 14/4/16)

45. RTI reveals pace of action against corrupt officials slow (1)

Bareilly: An RTI query has revealed that 31 cases of corruption in 2015 and five cases this year till

February 2016 , against gazetted and non-gazetted officials in Delhi were registered with the Anti-

corruption branch but not a single chargesheet has been filed till now relating to these cases. A

Moradabad-based RTI activist, Pawan Agarwal, who filed this RTI query, said, "The motive of filing

the RTI was to know about the action taken against corrupt officials in Delhi after Aam Aadmi Party

(AAP) came to power. However, from January 2015 to February 2016, 36 officials have been booked

on corruption charges but all cases are pending and no chargesheet has been filed till now." He

added, "I sought information on a number of cases registered and number of chargesheets filed

against gazette and non-gazette officials from 2010 to February 2016 to compare the status of cases

over the years." The RTI reply stated that chargesheet was filed in seven cases of corruption in Delhi

out of a total of 64 cases in 2014. With 64 persons booked by Anti-corruption branch, the highest

number of cases of corruption were reported in 2014 in the period between 2010 to February, 2016.

According to RTI reply, out of 23 cases registered in 2013 with the Anti-corruption branch of Delhi,

chargesheet was filed in only five cases. Similarly, 21 and 12 government officials were booked on

corruption charges in 2012 and 2011, respectively. However, the chargesheet has been filed only in

seven each in these cases in 2012 and 2011. In 2010, a total of 39 cases were registered with the

Anti-corruption branch in Delhi and chargesheet was filed in 22 cases. The RTI activist added, "The

RTI reply clearly shows that maximum number of cases of corruption are pending for years and only

in a few cases, the chargesheet has been filed. Both Centre and Delhi government had promised to

fight corruption before forming their respective governments but the speed in taking action against

corrupt officials is slow." (Times of India 16/4/16)

46. India's official name can't be RTI query, says law ministry (1)

Ahmedabad: The Union law minister has junked an appeal under the RTI Act seeking the official

name of the country, while withholding the earlier reply by public information officer that the

information did not come under the Act. Khevna Shukla, a city-based woman, in March filed an RTI

application before the Prime Minister's Office and then put it to the law minister. The PMO said that it

was not required to give the real name as this RTI query did not come under the definition of

information. Shukla asked the same question under RTI to the Union Ministry of Law and Justice

which did give an answer. S K Chitkara, deputy secretary with the law ministry, said in a reply dated

February 29, 2016 "As per our Constitution, the name of the country is 'India, that is Bharat, shall be a

Union of States.' Shukla said that as she was not satisfied with the answer, she filed the first appeal

with the law ministry, which stated that the information sought by petitioner does not come under the

purview of the RTI Act while disposing of the plea. (Times of India 18/4/16)

47. Contradictory orders on RTI disclosure irk activists (1)

Aurangabad: The difference of opinion within two key departments of the state government on

updating mandatory disclosure under Section 4 of the RTI Act has left activists red-faced. The urban

development department, in its latest circular, has asked government offices to update information to

be divulged suo-motu under the transparency legislation on yearly basis. The directive, according to

RTI activists, has been clearly contravening the order issued by the general administration

department (GAD) on January 28. The GAD order says public authorities should update their

websites and general compliance with the Section 4 of the RTI Act twice a year -- on January 1 and

July 1 every year. RTI activist Vivek Velankar said it was an irony that two key departments come out

with contradictory orders on an important legislation such as the RTI Act. Ideally, GAD is the

competent authority for dealing with the implementation aspects of the RTI Act. While the UDD was

expected to abide by what the GAD had said, it has issued conflicting order, he said. Section 4(1) (b)

of the RTI Act 2005 deals with the proactive disclosure. It is basically a 17-point declaration by public

authorities for the benefit of citizens. The procedure followed in decision-making process, including

channels of supervision and accountability, forms one of the key revelations under the disclosure. In

October last year, the state information commission (SIC) had asked the state government to ensure

its different departments and public authorities update the information related to Section 4(1) (b) of the

RTI Act twice a year and upgrade websites accordingly.In January, the GAD had issued an order

asking for updating the websites on January 1 and July 1 every year, besides carrying out regular

updates of information on a regular basis. The GAD had also asked the state directorate of

information technology to shoulder the responsibility for ensuring that the websites of government

departments are updated. While seeking compliance with the SIC order, it had also brought attention

of government authorities towards its notification issued in May 2014 pertaining to upgradation of

websites. Amidst the confusion, RTI activists have sought intervention by the state Chief Information

Commissioner to resolve the issue. The Maharashtra Chief Information Commissioner Ratnakar

Gaikwad could not be reached for his comments on corrective measure sought by the activist to do

away with the contradiction. (Times of India 22/4/16)

48. Hema Malini paid only Rs 1.75 lakh for land worth Rs 70 crore: RTI activist (1)

Mumbai: RTI activist Anil Galgali says the government allotted a 2,000 square metre prime plot to the

actress for Rs 1.75 lakh at a rate of Rs 87.50 per square metre for the construction of a dance

academy. Bollywood actress and lawmaker Hema Malini has been allotted a land worth Rs 70 crore

for just Rs 1.75 lakh for a dance academy in upmarket Oshiwara in Mumbai under a revised policy of

Maharashtra government, an RTI query has revealed. Documents accessed by RTI activist Anil

Galgali from the Suburban Collector's office shows the government has allotted a 2,000 square metre

prime plot to the BJP Lok Sabha MP for Rs 1.75 lakh at a rate of Rs 87.50 per square metre for the

construction of a dance academy. RTI activist Anil Galgali from the Suburban Collector's office shows

the government has allotted a 2,000 square metre prime plot to the BJP Lok Sabha MP for Rs 1.75

lakh at a rate of Rs 87.50 per square metre for the construction of a dance academy.An RTI plea filed

earlier by Galgali had revealed the actress was allotted the land at a rate of Rs 35 per square metre

(costing Rs 70,000). After the issue generated a controversy in February this year, Chief Minister

Devendra Fadnavis ordered a revision of the policy of allotting land to private trusts and artists. Since

Malini, a trained Bharatnatyam dancer, has already paid Rs 10 lakh as an advance, the government

would have to refund her the outstanding Rs 8.25 lakh, said Galgali. "This would be a major

embarrassment for the government," he said. When contacted, Mumbai Suburban Collector Shekhar

Channe said, "Yes, we would have to return money to her. However, the money would be returned

only if the government orders us to do so." "The land having a market value of Rs 70 crore has been

given to Hema Maliniji for a paltry Rs 1.75 lakh. The state government would have to return Rs 8.75

lakh to her as she gave Rs 10 lakh as an advance in 1997," he said. Galgali had sought information

from the Collector's office regarding the rate at which the land has been given to the actress-politician

for the institute. According to the documents, the land in question is reserved for a garden, and

allotment has been done on the basis of valuation prevailing as on February 1, 1976, which was Rs

350 per square metre. "Since a government resolution stipulates that the land allotment in such cases

would be done at 25 per cent of the valuation, Hema Malini has got the prime piece of land at the one-

fourth of Rs 350 per square metre - that is Rs 87.50 per square metre," said Galgali. Malini in the past

has refuted allegations of favouritism and land grabbing, saying she had struggled for 20 years to get

the plot. "I am getting 2,000 square metres of land for a dance institute to be built by Natyavihar

Kalakendra Charity Trust (headed by her). I will have to develop a garden (on a piece of land which is

not part of the academy) and give it to the BMC," she had earlier said. (DNA 24/4/16)

49. Rs. 33.51 crore spent by CM, Ministers on travel (1)

BELAGAVI: Travel costs of Chief Minister Siddaramaiah and his Council of Ministers has cost the

State exchequer Rs. 33.51 crore since he took charge 32 months ago, according to a disclosure

under the RTI Act. RTI activist Bheemappa Gundappa Gadad of Belagavi, who obtained the travel

details under the Act, said that air travel charges of the Chief Minister alone amounted to Rs.

20,11,34,971, from May 13, 2013 to January 31, 2016. Among the members of the Cabinet, the

heaviest bill was by Minister for Large- and Medium-Scale Industries R.V. Deshpande at Rs. 45.04

lakh and lowest of Rs. 2.26 lakh was of Horticulture Minister Shamanur Shivashankarappa. (The

Hindu 25/4/16)

50. RTI Act helped in unearthing the G.O. (1)

CHENNAI: It was in the quest for this 1978 G.O. that the 1994 G.O., mandating group-based

reservation, was discovered, says Devaneyan A. of Thozhamai, an NGO. “It was a struggle to even

get hold of the order. No one in the school department was able to help me, and finally, after years of

hunting for it, I managed to get it through an RTI petition.” He is hoping that now that the G.O. is

unearthed, it would be implemented post haste. D. Ravikumar, ex-MLA and the VCK’s nominee for

the Vanur constitunecy, also recollects raising the issue in the Assembly in 2006, and giving the then

Education Minister a memorandum. “I wanted it to be implemented so that poor, rural students are not

continually pushed to vocational streams and humanities subjects. Not all these students go only to

government colleges. In many instances, parents struggle to put them into private schools for a ‘better

education’. The good thing is that the G.O. asked for group-wise reservation in private institutions

also, giving those students a true chance.” As much as educationists concurred that the G.O.s were

progressive and “ahead of their time”, they remained perplexed that they were never implemented in

a State that claimed to look at social equity seriously. “This is a social protection scheme that was

multi-dimensional and covered several vulnerabilities. Also, it came way before the Right to Education

(RTE) and Sarva Shiksha Abhiyan, remember,” points out Aruna Rathnam of UNICEF. Some

educationists claim that there is not even a semblance of representation of Dalits in the science

streams of many private schools. The focus should shift from a board exam result-oriented approach

to being truly inclusive, they add. (The Hindu 28/4/16)