Whispers Forum

The appellant sought the GST Registration details of all the parties/ individuals/ companies/ firms who have participated in a particular tender of SAIL, the date and time of reverse auction conducted for the said tender and other related information. The PIO did not provide any information initially and later sent a reply seeking photocopying charges for providing 125 pages. The PIO submitted that after the CIC notice, he coordinated with the custodian and a reply was received on 4 points and the reply for the remaining 2 points was awaited. The CIC directed the PIO to send a revised reply to the appellant on all the points and send the complete documents containing 125 pages free of cost alongwith the point-wise reply, after taking assistance from the custodian u/s 5(4) of the RTI Act.
Comments
The PIO was lucky to have escaped without any show cause notice for imposition of penalty as asking for photocopying charges after a lapse of 30 days is not maintainable as per the RTI Act.
Citation: Avishek Kumar v. SAIL Collieries Division, File No. CIC/SAIL1/A/2021/135948, Date of Decision: 18/11/2022
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

Reference is invited to paragraph 59 of the Budget Speech of FM, stating that 39,000 compliances have been reduced and 3400 legal provisions have been decriminalized. For the information of the people, in the interest of Transparency and Accountability, it is desirable that a complete listing of the above more than 42000 items is made available on the website of the Ministry, preferably on the PMO website, so that aam admi is fully aware of the positive direction the Government under Narendra Modi has taken so far. Such publication may be informed to the public on social media and print media. If need be, the above may kindly be referred to the PMO.
Ashwini K Singh

You have presented an excellent analysis of the Human Rights which are being wronged in terms of service matters in many organizations. But the sad part is that there is no effective relief. The CIC and the courts have been making different interpretations which are confusing. There is no bar of proactive disclosure in case of organisations which are beyond the purview of the RTI Act as section 4 is applicable. A Practical Solution-most of the service matters can be resolved if the proactive dissemination of information is done effectively
Neeraj

The records pertaining to appointment of persons on compassionate grounds and related information was denied by CISF u/s 24 read with second schedule of the RTI Act. The CIC held that the queries raised by the Appellant constitute personal information related to officials who are third parties. Hence, disclosure of information with respect to such queries would be barred even under Section 8(1)(e) and (j) of the RTI Act. Referring to the High Court decision in Director General and Anr. v. Harender, the CIC held that the expression “Human Rights Violation” as used in proviso to Section 24(1) of the Act cannot be read to extend to all matters where a person alleges violation of fundamental rights. Plainly, the said expression cannot be extended to include controversies relating to service matters.
Comments
In most cases, the judicial pronouncements have been in favour of denying information relating to service matters in case of organisations beyond the purview of the RTI Act taking a strict interpretation of what constitutes human rights. It has been argued that if employees of an establishment cannot agitate their grievances before judicial forums, these organizations/establishments may become autocratic. In a judgment dated 22.03.2022, a division bench of Delhi High Court in UoI v. CIC, [LPA 734/2018] observed that the RTI Act is a tool which facilitates the employees and officers in airing their grievances systematically. Holding that non-supply of the information/documents is a human rights violation as in the absence of the same, the RTI applicant would not be able to agitate her right to promotion, the Court directed to provide copies of the seniority list as well the minutes of DPC.
Citation: Shri Ashwani Verma v. CISF, Second Appeal No. CIC/CISFO/A/2021/156819, Date of Decision: 20.01.2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

I can't add more to what Adarsh Malviya ji has said about job cuts and unemployment. The fact is India doesn't have a vision document on education, any curriculum of education must be so designed that after you finish your education you should be employable, in other words India must have employable education. For that country needs a political will. Voters have been left to fend for themselves for education, India has been destroyed through education, education sector needs a revolutionary reforms. The other sector which needs looked into is agriculture, which should use latest technology & grow multi crops. If we grow multi crops through year, India can feed the world through exports.
Harish Kumar