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Friday, October 9, 2015

Central Information Commission appeals plunge 96% in four months

By NIDHI SHARMA, ET Bureau | 9 Oct, 2015, 04.00AM IST


NEW DELHI: The number of appeals and complaints with the Central Information Commission (CIC), the final appellate authority for the Right to Information Act, plummeted 96 per cent to 119 in September from 3,356 in May. This has raised concerns over the functioning of CIC, the last resort for the common man to exercise his right under the transparency law.
An analysis of CIC data done by ET reveals that the number of cases dropped to 448 in August from 2,637 in June. Considering that in 2014, the number of cases registered in a month had averaged 2,662, against 1,345 cases in the previous year, the latest figures look completely out of sync.

The sudden drop in the number of cases over the past four months has coincided with a speedy decline in the cases pending with CIC to 35,000 from a peak of about 40,000 in May. Experts said this has put CIC's role into sharp focus especially because its central registry has not maintained any record of the number of appeals and complaints returned and the reasons for returning such applications. 
 
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Saturday, June 27, 2015

Former NRI pans Hyundai, writes Open Letter to Indian Transport Minister Mr Nitin Gadkari

26 June, 2015, Mangalore: Nestle's Maggie Noodles isn't the only dangerous goods in the Indian market. Have you noticed that Hyundai cars catch fire ever so often – whether on the road or in parking? Is our government neglecting to safeguard the lives of Indian vehicle-owners by pampering multinational companies? Why is the Transport Commissioner of each state passing such cars – proven dangerous on Indian roads -- to be sold to unwary customers?

In a scathing open letter to Union Minister of Road Transport and Highways Nitin Gadkari sent on Monday, Mr Prakash Rao (98452 13305, pkrao51@hotmail.com), former managing director of Bhutan-based Tashi Group, says, "Recall of goods due to manufacturing defects is unheard of in India. Multinationals like Hyundai Motor India Ltd. are knowingly selling faulty products to Indian customers, putting our lives at risk. They believe that the Indian government does not take action to protect its citizens – and earlier governments have proven them right! Will they be proven right again by Modi-sarkar?"

Rao's outrage was triggered by Hyundai Fluidic Verna Car (KA-19-MC-5246), parked in his sister's car shed in Mangalore, catching fire on Independence Day last year. Despite lengthy correspondence, the company has not revealed the contents of its inspection report as to the cause of the fire. In its replies, Hyundai blandly states, "Your vehicle was inspected by our team at our workshop Advaith Motors on 2/09/2014 & 3/09/2014. Accordingly we would like to confirm to you that the reported concern in your car is not due to manufacturing defect. Please don't have any apprehensions in this regard."

"My daughter in Delhi has bought a Hyundai Fluidic Verna and my daughter in Mumbai has bought a Hyundai Elantra on my advice, and now I realize my confidence in Hyundai vehicles was totally unjustified and therefore I now fear for my children's safety," he laments.  Rao has found that he is not alone in his plight. His letter to the Road Transport Minister contains a dozen examples of various Hyundai models catching fire in various Indian cities.
The burnt car in Lata Rao's car-shed. Image: http://tinyurl.com/Burnt-Hyundai-car

My family and I are the not-so-proud owners of many Hyundai cars, including my Hyundai Fluidic Verna, which showed us on Independence Day that we are second-class citizens in our own country. On 15th August 2014, at about 7 pm, when Prime Minister Modi's inspiring speech was playing on all channels, my cousin sister Lata Rao saw flashes of light outside her bungalow. Going out, she found that my Hyundai Fluidic Verna Car parked in her car shed, was burning.
The charred engine. Image: http://tinyurl.com/Charred-Hyundai-Verna
Translated from officialese to plain English, it means, "We are not taking any responsibility for this mess. You are on your own, Mr Consumer." Rao's exchange of letters with HMIL can be read here: http://tinyurl.com/Hyundai-Verna-letters

Rao is disturbed. "My daughter in Delhi has bought a Hyundai Fluidic Verna and my daughter in Mumbai has bought a Hyundai Elantra on my advice, and now I realize my confidence in Hyundai vehicles was totally unjustified and therefore I now fear for my children's safety," he laments.

Rao has found that he is not alone in his plight. His letter to the Road Transport Minister contains a dozen examples of various Hyundai models catching fire in various Indian cities. Scanned copy of this letter: http://tinyurl.com/Nitin-Gadkari-Open-Letter

RAO'S LETTER IS REPRODUCED BELOW:

To
Mr Nitin Gadkari,
Union Minister of Road Transport & Highways,
Transport Bhawan, Sansad Marg,
New Delhi 110001.

Dated: 22nd June,2015.

Cc:
Mr P Radhakrishnan, MoS, Union Ministry of Road Transport & Highways
Shri Abhay Damle, Director, Central Institute of Road Transport (CIRT)
Mrs. Rashmi Urdhwareshe, Director, Automotive Research Association of India (ARAI)
Secretary, Ministry of Transport, Karnataka
Mr. Bo Shin Seo, Managing Director, Hyundai Motor India Ltd.

Hyundai cars routinely catch fire because of manufacturing defects;
Why are these models given government approval?

Dear Shri Gadkari,

Greetings on completion of one year in your ministry. We trust that you, under Prime Minister Narendra Modi’s leadership, are willing to take strong steps towards good governance.

I am writing to you not as an aggrieved customer, but as a concerned citizen. What worries me is that India is a second-class market where shoddy goods can be sold without fear of the law. Recall of goods due to manufacturing defects is unheard of in India. Multinationals like Hyundai Motor India Ltd. are knowingly selling faulty products to Indian customers, putting our lives at risk. They believe that the Indian government does not take action to protect its citizens – and earlier governments have proven them right! Will they be proven right again by Modi-sarkar?

Allow me to introduce myself. My name is Prakash Krishna Rao. After staying abroad as a director of overseas companies, I now live a peaceful retired life with my wife in Mangaluru, our native place. My family and I are the not-so-proud owners of many Hyundai cars, including my Hyundai Fluidic Verna, which showed us on Independence Day that we are second-class citizens in our own country.
On 15th August 2014, at about 7 pm, when Prime Minister Modi's inspiring speech was playing on all channels, my cousin sister Lata Rao saw flashes of light outside her bungalow. Going out, she found that my Hyundai Fluidic Verna Car (KA-19-MC-5246), parked in her car shed, was burning. She and her neighbours tried to extinguish the flames, but in vain. The fire brigade arrived and extinguished the fire after considerable time. I shudder to think what might have happened if the fire had reached the petrol tank; it could have exploded, endangering the lives of my sister and her neighbours!

Photos of my Hyundai vehicle are enclosed. They can be downloaded from http://tinyurl.com/Hyundai-Verna-burnt-pix

My Hyundai Verna, bought in May 2012, was still under warranty and it was regularly maintained at the authorized workshop. There was no short circuit in the car shed. The car shed was clean and vacant, and nothing was being stored there. There was no lightning, thunder or rain on that day.

After the representatives of Hyundai Motor India Ltd. (HMIL) and its dealer Advaith Hyundai took the burnt car to their workshop and performed a technical examination, they refused to share their report with me. In a letter dated 10th Sept 2014, they wrote, "Your vehicle was inspected by our team at our dealer workshop Advaith Hyundai on 2/09/2014 & 3/09/2014. Accordingly, we would like to confirm to you that the reported concern in your car is not due to any manufacturing defect." This reply evades the question: What caused the fire in the engine compartment of my Hyundai Verna? Is it faulty wiring? If not due to any manufacturing defect, why does a stationary car suddenly burn up?

I had a lengthy exchange of letters with HMIL in this regard, which are enclosed for you.
The letters can be downloaded from http://tinyurl.com/Hyundai-Verna-letters

Sir, many Hyundai cars have been spontaneously catching fire in India, but HMIL has refused to take responsibility. This is evident from the correspondence of many other unfortunate owners of Hyundai cars, available on the internet.

TWELVE RECENT HYUNDAI CAR FIRES IN INDIA:
  • April 2011 – A brand-new Hyundai Verna burst into flames on a highway. The family managed to escape, but lost all their cash, luggage, mobile phones, etc. http://tinyurl.com/Hyundai-Verna-highway

In USA, Canada and Australia, Hyundai Motor recalls millions of cars for less serious manufacturing defects, such as faulty brake lights and child-restraint seats! But in India, HMIL avoids taking responsibility. Mr Gadkari, Sir, Hyundai Motor clearly believes that human life is cheap in India. We would like to ask you and Modi-ji: Is this true?

Sir, like myself and my family, many Indians are waiting for a clear reply from you.

Yours Sincerely,
Prakash Krishna Rao
Nagi Towers,
3 – B, 3RD Floor,
Opposite Circuit House,
Kadri Hills,
Mangaluru – 575004,
Karnataka.
Cell No. +919845213305
-------------------------------------------------------------------

HYUNDAI CONTACT DETAILS FOR JOURNALISTS WISHING TO GET THE "OTHER SIDE OF THE STORY":

Mr. Bo Shin Seo,
Managing Director & CEO,
Hyundai Motor India Ltd.,
2nd,5th & 6th Floor, Corporate One,
Baani Building, Plot No. 5,
Commercial Centre,
Jasola, New Delhi - 110 025.

Ms.Anupama Singh
Customer Care Service,
Hyundai Motor India Ltd.
New Delhi.
Fax: 011 66022201
Tel: 011 66022000

(I have some more numbers of Hyundai representatives, but they may not be authorized to respond. All my attempts to get a proper response or rebuttal from Hyundai were unsuccessful. -- Krish)

ISSUED IN PUBLIC INTEREST BY
KRISHNARAJ RAO
09821588114
MUMBAI

Tuesday, August 12, 2014

Dissent over posts, defective ads give rise to AMU’s RTI activism


Eram Agha, TNN | Aug 11, 2014, 10.10 PM IST


ALIGARH: Dissent over appointments, misleading advertisements for posts and action taken reports on fictitious claims has brought Aligarh Muslim University's culture of RTI activism to the fore. The culture has been on the rise as has been administrative arbitrariness, claim some AMU professors. 

Seasoned RTI activist and assistant professor in the business management department Mohd Naved Khan said, "There has been a rise despite the fact we have lost around 30% of our university's RTI activists due to fear of the administration. There are many reasons for it — we fight the system while staying in the system, which reacts by hitting back at us. The way it is perceived — as an act of causing harm — is wrong. Through RTI, we intend to set things right as that will make AMU better. Some have sided with the administration but activism is growing because now I have been motivating others to file RTIs to seek answers if they feel something is wrong." 

Professor Hasan Mateen-Ul-Islam from the statistics department said, "Some former RTI activists have now sided with administration for favours. Those with vested interests find it convenient to part ways." Islam had filed an RTI regarding an advertisement for the selection committee post. His query read: an Advertisement for Selection Committee post is defective (sic) because it does specify which department had the opening. Islam said he was still fighting the battle and will take it to legal action if need be. 

Assistant professor for the MBA course Asif Ali Syed showed TOI a copy of his RTI that sought a copy of the complaints filed against him. He said, "I was told that the administration has received complaints against me." The response to his query read: "In order to provide copies (of the complaints) you are required to deposit Rs 82 at the rate of Rs 2 per page for 41 pages. Syed said, "These complaints are coming out of pure imagination." 
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Satish Shetty case to be soon closed in pressure: Brothers had told me before hand

Satish Shetty case to be soon closed in pressure: Brothers had told me before hand

I present an important information brought to my notice in public domain for the sake of justice and for larger public interest.

RTI activist Satish Shetty’s brothers Sandip living in Pune and Santosh, living in USA had contacted me on phone and email in the beginning of July 2014. Santosh had sent me an email dated 03 July 2014 where he had apprehended closure of the murder case. He said “Without public support this case will be closed within the next one year. I am pleading to people like to help and guide us.”

Later Sandip told me on phone that the investigating officer (IO) of the Satish Shetty murder case, S P Singh from CBI, had told him that he is being put under tremendous pressure from senior officers of CBI to file a closure report in the case in the next few days but he is finding it very difficult to follow this dictate because there are enough evidence on record to charge sheet the accused.

Sandip also told me that S P Singh told him that a few senior CBI officers were doing so for huge money and very soon a closure report would be filed.

Again on 10 August (Sunday), both Santosh and Sandip called me on phone and told me that they have known from the IO that CBI shall file the closure report on Monday (11 August). They called me to Pune, where today I was witness to an irrefutable evidence which talked of the investigating officer lamenting about the improper pressure built on him by certain senior CBI officers under influence of money, to an extent that the IO was thinking of resigning from the service and taking up the cause.

Considering the extremely serious nature of these facts, I am also bringing them to the notice of the Prime Minister of India for appropriate action.

Amitabh Thakur
# 094155-34526

Friday, August 8, 2014

All India Services (Conduct) Rules, 1968 Amended

The Government of India has recently  issued a Press Release stating that the Conduct Rules applicable to the three All India Services- Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS) have been amended (readers may please note that the elite Indian Foreign Service is a Group A Service only). The text of the amendment is given in a Press Information Bureau Release accessible at this link: http://pib.nic.in/newsite/erelease.aspx?relid=108295 and copied below. The text of the AIS Conduct Rules, 1968 is accessible at this link: http://persmin.nic.in/DOPT/Acts_Rules/AIS_Rules/Revised_AIS_Rules_Vol_I_Updated_Upto_31Oct2011/Revised_AIS_Rule_Vol_I_Rule_10.pdf

The importance of the amendment lies in the requirement for IAS, IPS and IFoS Officers to maintain accountability and transparency amongst other values listed under the new sub-rule 1A. However clause (xii) inserted under sub-rule 2B further down, requires the officers of these three services to maintain confidentiality of information in relation to one's duties as required by existing laws and rules. Particular emphasis is placed on maintaining confidentiality and refraining from disclosing information if it may predjudicially affect the interests protected under Section 8(1)(a) of the Right to Information Act, 2005

What is novel about this amendment?
While many RTI activists and experts including the Second Administrative Reforms Commission have recommended replacement of the Oath of Secrecy which officers take while joining the civil service, the newly amended rules somewhat temper that Oath. Officers of these elite services have often asked questions about the contradiction between their oath and the requirements of transparency under the RTI Act.

However, these amendments also raise some fundamental questions. If AIS officers acting as Public Information Officers (PIOs), deemed PIOs and First Appellate Authorities (FAA) refuse to provide access to information in an unreasonable manner, i.e., in violation of the provisions of the RTI Act, can aggrieved applicants henceforth allege contravention of the Conduct Rules in addition to demanding imposition of penalty under Section 20 of the RTI Act?

As the AIS Rules apply to IAS, IPS and IFoS officers serving in Jammu & Kashmir (J&K) also, can residents of J&K who are denied information under the J&K RTI Act, 2009 demand disciplinary action against AIS officers serving in that State for violating the value of transparency and accountability when they refuse access to information in an unreasonable manner?

Readers may please enlighten me whether violation of the requirement of maintaining transparency and accountability as ring-fenced by the twin RTI Acts and other laws and also the grounds specified under clause (xii) of sub-rule 2B amount to ' professional misconduct' and will this become a ground for launching disciplinary proceedings under the AIS (Discipline and Appeal) Rules, 1969. These Rules are available at this link: http://persmin.nic.in/DOPT/Acts_Rules/AIS_Rules/Revised_AIS_Rules_Vol_I_Updated_Upto_31Oct2011/Revised_AIS_Rule_Vol_I_Rule_12.pdf

If it does amount to 'professional misconduct', can an aggrieved RTI applicant demand action against an AIS Officer who is either a PIO or deemed PIO or an FAA. Can he/she be a complainant or can the Central/State Information Commission recommend that disciplinary proceedings be launched even for a single instance of unreasonable contravention of the RTI Acts? So who will be the Complainant in such cases is the next question.

----------------------------------------------------------------------------------
The Government of India has amended All India Services (Conduct) Rules,1968, in rule 3(1) after sub-rule (1) by inserting sub-rule (1A) and rule 3(2) after sub-rule (2A) by inserting sub-rule (2B) and these rules are called the All India Services (Conduct) Amendment Rules, 2014.

Under sub-rule (1A), every member of the Service shall maintain:-

(i) High ethical standards, integrity and honesty;
(ii) Political neutrality;
(iii) Promoting of the principles of merit, fairness and impartiality in the discharge of duties;
(iv) Accountability and transparency;
(v) Responsiveness to the public, particularly to the weaker section;
(vi) Courtesy and good behaviour with the public.

Under sub-rule (2B), every member of the Service shall:-

(i) Commit himself to and uphold the supremacy of the Constitution and democratic values;

(ii) Defend and uphold the sovereignty and integrity of India, the security of State, public order, decency and morality;

(iii) Maintain integrity in public service;

(iv) Take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically;

(v) Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;

(vi) Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;

(vii) Not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;

(viii) Make choices, take decisions and make recommendations on merit alone;

(ix) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society;

(x) Refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;

(xi) Maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;

(xii) Be liable to maintain confidentiality in the performance of his official duties as required by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gains to any person;

(xiii) Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities."
Courtesy: Venkatesh Nayak, Programme Coordinator, Access to Information Programme, Commonwealth Human Rights Initiative, B-117, 1st Floor, Sarvodaya Enclave, New Delhi- 110 017, Tel: +91-11-43120201/ 43180215, Fax: +91-11-26864688

Friday, October 11, 2013

On 8th Anniversary of RTI Act, we salute India’s defending champions

10th October, 2013: On the eve of the 8th anniversary of India’s Right to Information Act, it is worth remembering that this anniversary honours not just a popular legislation called RTI Act 2005, but also the legion of heroes of the RTI movement. Some heroes of this revolutionary movement are iconic. They earned recognition and love for their pioneering work, for kindling a vast grassroots movement by spreading awareness and detailed knowledge of the RTI Act and RTI rules. With zeal and foresight, they created the first generation of people who knew how to draft RTI applications and speak up at appeal hearings. These people in turn mentored thousands of others, and created a huge wave of RTI work for both administration and media. These thousands of nameless, faceless RTI applicants pursuing their lonely quest to hold the administration accountable in every city, town and village, are making government officials less arrogant. They are forcing the government to respect the might of the common man, more than they ever have since Independence.
However, it is worth remembering that the government, parliament and administration are not entirely villains – although sometimes, it may seem that way. Because, to cope with this flood of requests for information, this very government created, within a very short time after October 2005, a vast administrative machinery consisting of lakhs of Public Information Officers, First Appellate Authorities and Information Commissioners.
Remember, in the 55 preceding years of Independent India, most government organizations were represented before the public by one or two Public Relations Officer (PROs). The task of a PRO was largely to respond to the members of the public with a cup of tea and a friendly “no” to any request for information – or, at best, to grudgingly give some sketchy information.
Considering all this, the progress that has been made on both sides of the administrative table since 2005 is astonishing.
Paradoxically, our collective unhappiness with the implementation of Right to Information is largely because this legal right is being used by so many people! RTI Act is giving rise to literally tens of thousands of interactions with various organs of administration, which simply did not exist before 2005.
At first sight, it may seem as though the pent-up fury of 55 years of Independence has been released; there is a flood that is unstoppable. But wait, let us not get carried away by rhetoric. Consider these facts: 
·         GOVERNMENT EMPLOYEES: Roughly half of these RTI interactions (applications and appeals) are of government employees (or former government employees) trying to get their service matters resolved – matters relating to transfers, promotions, selections, pensions etc.

·         AGGRIEVED CITIZENS: The other half of RTI interactions are primarily of private citizens seeking to resolve their own private grievances. Some of these RTI applications and appeals are oblique complaints – complaints ingeniously worded in the form of RTI applications. Other RTI applications are for follow-up of complaints or representations to various government departments, quasi-judicial or even judicial forums. RTI is enabling them to actively pursue their fundamental rights.

·         PUBLIC-INTEREST CAMPAIGNERS, ACADEMICS & WHISTLE-BLOWERS. A small but significant percentage of RTI interactions are concerning matters of public interest. Some people are using RTI systematically to focus on certain aspects of public policy, and they are putting out well-reasoned, thoroughly researched reports to the government. Simultaneously, knowledgeable citizens and political activists, angered by the bad quality of administration, are trying to enforce accountability and expose scams in order to make a point. They are filing complaints, public interest litigations (PILs), and potent media reports. This activity is both revolutionary and subversive. On the one hand, it is pushing the administration to self-correct. On the other hand, it is stoking anti-establishment sentiments by heaping shame on all government and administration authorities, by using its own laws, rules and mechanisms.

The government responds by studiously ignoring these modern-day revolutionaries, and reserving the Padma awards and state benefits for cricketers, bollywood actors and other celebrities. RTI activists are daily doing the thankless job of cleaning up the administration in their villages, talukas, district-headquarters and small towns. Unrecognized, unrewarded but struggling every day, these people are chipping away at bad governance. But we, as a nation, continue to ignore them and waste our admiration on trivial celebrities. Even the common man pays only token respect to RTI activists, often only after they have been assaulted or murdered.
On this anniversary, let us remember the heroic persons whom we may have the privilege of knowing. But more so, let us dedicate it to the nameless and faceless RTI Activist – that man or woman who walks or rides a scooter in sun and rain, and insistently goes to the offices of various public authorities, filing RTI applications, appeals, attending hearings, seeking justice from an unjust and insensitive system.
Every so often, someone raises the question of who is an “RTI activist”, as opposed to a mere “RTI applicant” or “aggrieved person” or “information seeker”. On this anniversary, let us remember that this is largely an imaginary distinction. Right to Information Act 2005 has empowered the common man to question government servants and hold them accountable by corresponding with lakhs of Public Information Officers (PIOs), thousands of First Appellate Authorities, and over a hundred Information Commissioners in various States. The term “RTI activist” generally encompasses the entire civil society movement consisting of lakhs of independent citizens, plus a few hundred NGOs, who are questioning the administration on various issues, public or private.
No two RTI activists are the same. Some are habituated to filing hundreds of RTI applications to a wide range of government authorities on a variety of issues. They unearth hundreds of documents and get them published by the media, throwing light on a wide variety of issues. Other activists drill deep into one or two issues for years. Some activists frequently file first and second appeals, doggedly attend hearings, try to get the PIO penalized, and even try to get thousands of pages of information free-of-charge if the PIO missed his deadlines. Others try to get their individual or collective grievances redressed by using RTI applications as a pressure tactic. Some are neighbourhood watchdogs, supervising the municipality’s garbage-disposal, encroachment-clearance, hawkers, roads etc. Others are RTI trainers, helpers, mentors, webmasters, journalists etc., who find fulfillment by helping other people file RTI applications and appeals.
A defining characteristic of RTI activists is that they are usually leaderless and cannot be tamed. They are fiercely independent and notoriously difficult to organize into hierarchical groups. Generally, they spend money from their own pockets. Unlike NGOs, RTI activists get no government funding or corporate sponsors. They are usually unable to conform to organizational norms of behavior, and hence, cannot form associations or political parties.
Possibly the only common factor that characterizes all RTI activists is that they seek RULE OF LAW – which clearly has been eroded by decades of party politics, influence-yielding, favour-seeking and quid-quo-pro deals. As a rule, RTI activists are trying to get various rules and laws implemented. The constant basis of their actions is to compare laws, rules, norms, manuals, guidelines, circulars and terms & conditions with the administration’s failure to perform on various fronts, especially service delivery, due diligence, vigilance and law & order enforcement.
The RTI movement is an ongoing revolution. It is a statement of the common man’s faith in the democratic system that, though corroded and crooked, still somehow works. It is an authentic grassroots-level Satyagraha movement, that consists of persistently doing the rounds of government offices, seeking information and justice. Despite suffering many defeats and insults from the administration and even the judiciary, RTI activists refuse to quit, refuse to yield to cynicism and pessimism. They refuse to accept the all-pervasive belief that this nation of ours cannot be fixed!
On 12th October, 2013, we will not only salute eight years of RTI Act 2005, but also bow our heads to this massive body of men and women in cities, towns and villages, whose faith in the system just keeps them marching, stumbling along year after year in the direction of good governance. They are the keepers of the sacred flame of India.
Warm Regards,
Krish
            98215 88114      
Mumbai

Thursday, July 11, 2013

RTI Activists & Letter-writers, Get Useful Tips from Govt’s Manual of Office Procedures

Dear friends,
Please study the government’s Manual of Office Procedures to understand how documentation is done in various government offices: http://tinyurl.com/Govt-manual-office-procedures   Then you can refer to documents by their proper names given in this document e.g. “Diary Number, Index Slip, Messenger Book” etc.  Because the biggest challenge for filing an RTI application is how to correctly word it; a properly-worded application means half the battle is won before it begins!

POINTS OF INTEREST:
·         Definitions (Chapter 2)
·         Forms & Procedures of Communication (Chapter 8)
·         Dak-Receipt, Registration & Distribution (Chapter 4) to understand how faxes, emails and letters marked “Immediate” or “Confidential” are dealt with in the government.
·         File Numbering System (Chapter 11), including the system for Reconstruction of File (point no. 99) and Tracking File Movements (point no. 100)
·         Present location of the file in Departmental Record Room, National Archives of India, Record Retention Schedule etc., whether computerized or not, etc. (Appendix 56 and 66)

WHY WORDINGS ARE CRUCIAL:
·         The way you word an RTI application will determine the way the Public Information Officer (PIO) responds to it. An RTI application that is excessively detailed, appears full of anger, or seems like a personal challenge thrown at him, may not only trigger negative feelings in him, but also cause him to postpone replying to your application. Afterwards, as the 30-day deadline for giving information approaches, he may wish to stonewall you by citing irrelevant or partially relevant rules simply because he wants to dispose off your application with minimum time and energy. So, keep it simple!
·         If you do not get proper information at first, you may be forced to enter into a lengthy appeal procedure. The final outcome of your appeal (whether first appeal, second appeal, or further appeals in High Court and Supreme Court) may to depend heavily on the exact words you have used in your RTI application. So, frame your questions with care!

HANDY REFERENCE MATERIAL:
·         Tips on wording an RTI application, read: http://tinyurl.com/RTI-7-surprising-tips
·         Pitfalls to avoid: http://tinyurl.com/RTI-psychological-barriers
·         Specimen of good RTI Application: http://tinyurl.com/RTI-application-form-specimen   

Warm Regards,
Krish
            9821588114      

GRATEFUL ACKNOWLEDGEMENT: Thank you activist Ameet Israni for emailing the Manual of Procedures to me today. Of course it is nothing new, and of course, everybody knows it is available on the internet, but sometimes, drawing someone’s attention helps a lot!