Whispers Forum

The PIO of the Ministry of Environment, Forest and Climate Change categorically informed the Appellant that the information sought by him is not available in their office and transferred the RTI application to the concerned PIO of Bangalore Development Authority under Section 6(3) of the RTI Act, which is separate Public Authority under the State Government, The CIC observed that the PIO has given a timely response to the Appellant informing him the factual position in the matter. The CIC held that had the Appellant been actually interested in getting information, he would have approached the transferee Public Authority to know the actual status of the information. But the Appellant in the present case filed the first appeal with present Respondent Public Authority. This shows that the Appellant wants to pressurize the Respondent to create information which is not in their record. Further, the CIC held that the Appellant cannot raise fresh queries/issues at the stage of first appeal/second appeal. The directions of the First Appellate Authority to the PIO to go through the concern raised by the appellant in the first appeal and take further action were set aside.
Comments
An appeal should be filed with the FAA of the organisation which is holding the information. A PIO can file an appeal against the orders of his/her own FAA.
Citation: Vasanth Kumar V M v. Ministry of Environment, Forest and Climate Change, CIC/MOENF/A/2023/613465; Date of Decision: 18-03-2024
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

The INDIA alliance parties convened a striking 'Loktantra Bachao' rally at Delhi's Ramlila Maidan. However, the rally lacked a compelling narrative to counter the policies of the Modi government, and no alternative agenda was proposed. Instead, a pervasive sense of victimhood prevailed, supported by allegations of being targeted by the ruling BJP administration. Moreover, doubts were cast on the fairness of the 18th general election. Achieving united action within the INDIA bloc proves challenging, as earlier plans for one-on-one contests against the BJP in 400 seats have faltered. While the BJP and its allies have nearly finalized their candidate lists, internal discord and negotiations continue within the INDIA alliance.
Nancy Kumari

Has the arrest of 2 CMs: Arvind Kejriwal and Hemant Soren helped to unite the Opposition? The INDIA bloc organized a mega rally in Delhi in which prominent leaders of opposition parties were present. In this rally named 'Save Democracy Rally', not only the political parties from Tamil Nadu to Kashmir and Maharashtra were seen united in protesting against the arrest of CMs, but by the time the program started, the Ramlila Maidan was filled to capacity. This program of opposition unity in Delhi took place on the same day when PM Modi sounded the election trumpet of BJP from Meerut, Uttar Pradesh. It is apparent that the arrest of CMs has brought opposition parties closer although its benefits are unlikely to be derived as LS polls are too close.
Aditya Kumar

In a surprising move, the BJP has nominated Rekha Patra as its candidate for the Basirhat parliamentary seat, drawing attention to her emergence from Sandeshkhali. This decision has left many wondering about the motives behind her selection. However, the decision to nominate Patra wasn't without its controversies. Speculation surrounds the circumstances leading to her candidacy, with some suggesting that it was a strategic move by the BJP to capitalize on the local sentiment against Trinamool Congress. Opposition leader Subhendu Adhikari's recommendation and subsequent approval by the central leadership further fueled discussions about the party's intentions.
Aditya Malviya

I have a simple question for the present dispensation; all the political parties have been framed in corruption without exhibiting any material facts openly in the media etc not a single case against BJP or any of its elements. Are they very honest especially all those corrupt who change sides & join BJP also walk free too. To me dispensation is killing the very fabric of democracy by these actions against all opposition. It looks as if we are heading towards one party aristocratic style of one party one man rule.
Harish Kumar

The appellant sought for information regarding Lease Deed dated March 30, 2016, executed between Jaypee Infratech Limited (JIL) and Industrial Development Bank of India Limited (IDBI Bank) wherein JIL transferred to IDBI Bank a land measuring 50.26 acres through Debt Asset Swap (DAS) in order to liquidate their out-standing liabilities amounting to Rs.253.32 Crores. He asked whether any transaction, in part(s) or full, by sale or transfer, took place between March 30, 2016 and August 31, 2023. The appellant argued that after March 30, 2016 and upon DAS, all Ownership and Tangible Rights to the said landed property remained with IDBI Bank in its fullness and hence, there remains No Fiduciary Relationship or Larger Public interest between IDBI Bank and JIL. Further, it is wrong on part of for IDBI Bank to invoke Larger Public interest as there are more than 22,000 Home Buyers of JIL. The appellant alleged that the IDBl Bank has not come out clean and transparent on the information sought only through substantiation of tangible right of JIL in the said property. The CIC directed to provide the available information to the Appellant.
Comments RTI has emerged as a potent tool to obtain information for those affected adversely in a commercial dispute.
Citation:Sqn. Ldr. S. D. Mitroo v. IDBI Bank Limited, CIC/IDBIL/A/2023/147236; Date of Decision: 23.02.2024
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

It was an exhilarating experience, watching the widows of Vrindavan ashrams, participating in the vibrant Holi celebration by smearing each other with colours and showering flowers
Traditionally barred from participating in festivities, for the Vrindavan widows in present times, Holi has become a festival where widows, shunning customs and traditions, engage in pure fun like the rest of society. Breaking taboos, celebrating Holi by Vrindavan widows, is a historic transition --A peaceful and subtle sociological revolution has taken place during the past few years, pregnant with joyful possibilities. Reminiscent of the abolition of Sati tradition. Females' entry into the sanctum sanctorum of hindu temples , is welcome, despite silent opposition from the self-proclaimed thekedars of hinduism. On the same analogy, the Indian Muslim women should be encouraged to enter dargahs like the Haji Ali's. The court abhors discrimination on ground of constitutional equality.
A K Saxena ( A former civil servant)