http://economictimes.indiatimes.com/articleshow/4334610.cms?prtpage=1
30 Mar 2009, 1520 hrs IST, PTI
NEW DELHI: Ignoring Central Information Commission's orders may prove costly for public authorities as non-compliance of the same will now be
treated as "obstruction of information" attracting a maximum fine of Rs 25,000 under the RTI Act.
"We will treat the non-compliance of our orders as fresh complaints. It will be treated as obstruction of information thus liable for a maximum penalty of 25,000," Chief Information Commissioner, Wajahat Habibullah told PTI.
Habibullah said though the Commission has not penalised any authority for non-compliance till now, but there have been instances where the CIC's orders were not followed and it has been decided that such public authorities would be dealt with strongly.
The Commission, however, does not have any mechanism to know if its orders are followed by public authorities or not. In such a situation, petitioners will have to file a follow-up appeal with the CIC, which takes its own time to come up for hearing.
According to the Chief Information Commissioner, the new procedure will mean that petitioners, if faced with non-compliance of CIC's orders and directives by public authorities, can file their grievance as fresh complaint which will ensure penal action by the Commission.
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Monday, March 30, 2009
Sunday, March 29, 2009
RTI power: Chembur locals zero in on illegal bldg, BMC razes it
As reported in Publication: Times of India Mumbai; Date: Mar 24, 2009; Section: Times City; Page: 5
RTI power: Chembur locals zero in on illegal bldg, BMC razes it
Sukhada Tatke I TNN
Mumbai: Acting on complaints from residents, a BMC officials’ squad started demolishing an unauthorised seven-storeyed structure at Tilak Nagar on Monday.
The demolished structure was the ‘C’ wing of Bharat Nagar Co-op Housing Society’s building number 29, which had come up illegally, without permission from the civic body’s building proposals department. Two other wings have the permission.
“The builder had permission to build only two wings, but he constructed the third on his own. A shop was also built there without consent. When we got to know of the irregularities last year, we demolished a portion,’’ said assistant municipal commissioner R W Pawar. “We wanted to bring it down by controlled explosions, but it was not possible due to the proximity to the other two wings.’’ It was then that they issued a tender for manual demolition. “It will take a few days to bring it down completely.’’
“In August 2003, members of Bharat CHS society in Tilak Nagar decided to demolish their old building and develop the plot to benefit from Mhada’s sanction of additional FSI. They constructed the building to rehabilitate the original 35 members of the society in Wing A and built Wing B as a saleable component. The society agreed upon developer Javed Memon of Paradise and Bhoomi Developers,’’ said Mohan Pednekar, secretary of the society. “We started living there in 2006. Suddenly another wing came up and we didn’t even know about it.’’ The developer was not available for comment.
A resident said it all started when they approached the BMC about the lack of open space and access to their wing. “Under the RTI Act, we learned that the ‘C’ wing was unauthorised,’’ said the resident.
When these facts were pointed out to BMC officials, they issued a notice under the MRTP Act to demolish the unauthorised seven-storied building and the shop. “The builder was arrested and is now out on bail,’’ said Pawar.
RTI power: Chembur locals zero in on illegal bldg, BMC razes it
Sukhada Tatke I TNN
Mumbai: Acting on complaints from residents, a BMC officials’ squad started demolishing an unauthorised seven-storeyed structure at Tilak Nagar on Monday.
The demolished structure was the ‘C’ wing of Bharat Nagar Co-op Housing Society’s building number 29, which had come up illegally, without permission from the civic body’s building proposals department. Two other wings have the permission.
“The builder had permission to build only two wings, but he constructed the third on his own. A shop was also built there without consent. When we got to know of the irregularities last year, we demolished a portion,’’ said assistant municipal commissioner R W Pawar. “We wanted to bring it down by controlled explosions, but it was not possible due to the proximity to the other two wings.’’ It was then that they issued a tender for manual demolition. “It will take a few days to bring it down completely.’’
“In August 2003, members of Bharat CHS society in Tilak Nagar decided to demolish their old building and develop the plot to benefit from Mhada’s sanction of additional FSI. They constructed the building to rehabilitate the original 35 members of the society in Wing A and built Wing B as a saleable component. The society agreed upon developer Javed Memon of Paradise and Bhoomi Developers,’’ said Mohan Pednekar, secretary of the society. “We started living there in 2006. Suddenly another wing came up and we didn’t even know about it.’’ The developer was not available for comment.
A resident said it all started when they approached the BMC about the lack of open space and access to their wing. “Under the RTI Act, we learned that the ‘C’ wing was unauthorised,’’ said the resident.
When these facts were pointed out to BMC officials, they issued a notice under the MRTP Act to demolish the unauthorised seven-storied building and the shop. “The builder was arrested and is now out on bail,’’ said Pawar.
Info chief invites activists’ wrath for going soft on babus
As reported in Publication: Times of India Mumbai; Date: Mar 29, 2009; Section: Times City; Page: 2
PENDING QUERIES
Info chief invites activists’ wrath for going soft on babus
Viju B I TNN
Mumbai: Pandemonium broke out at a public meeting on governance and Right to Information (RTI) Act on S at u rd ay when activists accused state information commissioner Ramanand Tiwari of soft-pedalling appeals filed by citizens.
The activists burst out in outrage when Tiwari said he showed leniency to public information officers (PIO) who did not provide data within the prescribed 30 days because he felt that even they had families to look after and levying a penalty of Rs 5,000 would be too harsh on them. He was participating in a question-answer session with RTI activists, who urged the state information commission to tackle the issue of huge pendency of appeals that is “slowly killing the RTI Act’’.
Tiwari faced a volley of grievances from RTI applicants who participated in the discussion on the role of the Act and better governance at a seminar organised by Janhit Manch on Saturday. While some of the queries questioned his order, in which he was reportedly soft on the PIOs, others related to his inaction against officers who disregarded SIC orders. Tiwari brushed aside most of the queries, saying they were “personal in nature’’.
“I know there have been complaints like me being too soft on PIOs, but my disposal rate has been good. For me, the priority lies in providing information, but since the issue has been raised, I will try to improve and impose more penalties in future,’’ Tiwari said. The number of complaints and appeals with SIC touched over 15,000 till last year.
RTI activist Mohammed Afzal said he was shocked at the stance taken by the state information commissioner. “He has not yet dealt with most of the complaints against PIOs not providing information even after SIC ordered to furnish details. This way, applicants are losing faith in the efficacy of the RTI
Act,’’ he said. Consumer activist Rajan Alimchandani claimed that Tiwari had passed an order, in which he has excluded the Bar Council of Maharashtra and Goa from the RTI Act purview. “But I have got a copy from the CIC, which says the bar council comes under the purview of the Act,’’ he said.
Central Information Commissioner Shailesh Gandhi told TOI that all commissioners should immediately look into the pendency of appeals. “I have disposed of 2,600 appeals in the last six months,’’ Gandhi said. “The Act may become ineffective if the commissions did not address the issue and be strict with PIOs and the appellate authority.’’
PENDING QUERIES
Info chief invites activists’ wrath for going soft on babus
Viju B I TNN
Mumbai: Pandemonium broke out at a public meeting on governance and Right to Information (RTI) Act on S at u rd ay when activists accused state information commissioner Ramanand Tiwari of soft-pedalling appeals filed by citizens.
The activists burst out in outrage when Tiwari said he showed leniency to public information officers (PIO) who did not provide data within the prescribed 30 days because he felt that even they had families to look after and levying a penalty of Rs 5,000 would be too harsh on them. He was participating in a question-answer session with RTI activists, who urged the state information commission to tackle the issue of huge pendency of appeals that is “slowly killing the RTI Act’’.
Tiwari faced a volley of grievances from RTI applicants who participated in the discussion on the role of the Act and better governance at a seminar organised by Janhit Manch on Saturday. While some of the queries questioned his order, in which he was reportedly soft on the PIOs, others related to his inaction against officers who disregarded SIC orders. Tiwari brushed aside most of the queries, saying they were “personal in nature’’.
“I know there have been complaints like me being too soft on PIOs, but my disposal rate has been good. For me, the priority lies in providing information, but since the issue has been raised, I will try to improve and impose more penalties in future,’’ Tiwari said. The number of complaints and appeals with SIC touched over 15,000 till last year.
RTI activist Mohammed Afzal said he was shocked at the stance taken by the state information commissioner. “He has not yet dealt with most of the complaints against PIOs not providing information even after SIC ordered to furnish details. This way, applicants are losing faith in the efficacy of the RTI
Act,’’ he said. Consumer activist Rajan Alimchandani claimed that Tiwari had passed an order, in which he has excluded the Bar Council of Maharashtra and Goa from the RTI Act purview. “But I have got a copy from the CIC, which says the bar council comes under the purview of the Act,’’ he said.
Central Information Commissioner Shailesh Gandhi told TOI that all commissioners should immediately look into the pendency of appeals. “I have disposed of 2,600 appeals in the last six months,’’ Gandhi said. “The Act may become ineffective if the commissions did not address the issue and be strict with PIOs and the appellate authority.’’
Rights activists question move to appoint new info commissioners
As reported in Publication: Times Of India Delhi; Date: Mar 29, 2009; Section: Times Nation; Page: 9
SEEKING EC’S HELP
Rights activists question move to appoint new info commissioners
Himanshi Dhawan | TNN
New Delhi: Civil rights activist Aruna Roy has opposed the government’s move to appoint new information commissioners and has sought Election Commission’s intervention to halt the process. Terming the move “regrettable”, Roy pointed out that appointment of information commissioners while the model code of conduct was underway would raise concerns over the process of recruitment.
According to sources, the department of personnel and training has moved a proposal to appoint two information commissioners. It is learnt that while one person is a retired civil servant, the other belongs to a non-government organisation. There are seven information commissioners including chief information commissioner Wajahat Habibullah.
A letter signed by Roy and RTI activist Shekhar Singh sought the EC’s intervention to “advise the government to refrain from appointing information commissioners during the run-up to the general elections as this would be a clear
violation of the model code of conduct and would raise legitimate concerns about the fairness and the impartiality of the selection process”.
Sources added that there was no real need or urgency for new commissioners. In fact, the present set is facing a staff crunch and is unable to handle the workload due to that. According to estimates, a commissioner costs about Rs 25 lakh per year — including salary, house and transport facilities — to the public exchequer and the decision to appoint people should not be taken lightly. The CIC has an average disposal of 1,300-1,400 cases per commissioner while it is expected to be 4,000-5,000 cases.
Roy also questioned the timing of the move. “They (information activists and citizens) have argued that the selection of commissioners should be a transparent process based on an understanding of the current membership of the panel and the ideal mix and balance between different backgrounds and expertise of the commissioners. However, despite such protests, it is regrettable that government has decided to go ahead with these appointments even as the code of conduct preceding the elections has come into force,” the letter said.
SEEKING EC’S HELP
Rights activists question move to appoint new info commissioners
Himanshi Dhawan | TNN
New Delhi: Civil rights activist Aruna Roy has opposed the government’s move to appoint new information commissioners and has sought Election Commission’s intervention to halt the process. Terming the move “regrettable”, Roy pointed out that appointment of information commissioners while the model code of conduct was underway would raise concerns over the process of recruitment.
According to sources, the department of personnel and training has moved a proposal to appoint two information commissioners. It is learnt that while one person is a retired civil servant, the other belongs to a non-government organisation. There are seven information commissioners including chief information commissioner Wajahat Habibullah.
A letter signed by Roy and RTI activist Shekhar Singh sought the EC’s intervention to “advise the government to refrain from appointing information commissioners during the run-up to the general elections as this would be a clear
violation of the model code of conduct and would raise legitimate concerns about the fairness and the impartiality of the selection process”.
Sources added that there was no real need or urgency for new commissioners. In fact, the present set is facing a staff crunch and is unable to handle the workload due to that. According to estimates, a commissioner costs about Rs 25 lakh per year — including salary, house and transport facilities — to the public exchequer and the decision to appoint people should not be taken lightly. The CIC has an average disposal of 1,300-1,400 cases per commissioner while it is expected to be 4,000-5,000 cases.
Roy also questioned the timing of the move. “They (information activists and citizens) have argued that the selection of commissioners should be a transparent process based on an understanding of the current membership of the panel and the ideal mix and balance between different backgrounds and expertise of the commissioners. However, despite such protests, it is regrettable that government has decided to go ahead with these appointments even as the code of conduct preceding the elections has come into force,” the letter said.
Pending pleas: CIC to meet Delhi CJ
MIFFED AT DELAYS
Pending pleas: CIC to meet Delhi CJ
TIMES NEWS NETWORK
New Delhi: With several key decisions of the CIC stayed by courts, chief information commissioner Wajahat Habibullah is likely to meet Delhi high court chief justice to press for early hearings.
The decision was taken recently in an internal meeting of commissioners at the Central Information Commission where the issue of writ petitions being pending in the Delhi HC were discussed.
"The commission suggested that Habibullah may like to pay a visit to chief justice of Delhi High Court and present before him the concern,” minutes of the meeting said.
The meeting was called after the CIC found that public authorities appeal in the HC and get stay to certain orders passed by the commission. The CIC said the HC stay delayed the information seeking process. Amongst those issues that are under the HC’s consideration include disclosure under RTI of judges’ assets, whether Delhi government is bound to give details of the number of students admitted under the under-privileged category in private schools, disclosure related to UPSC aspirants and a RTI plea asking for details related to the oil-forfood scam. These are just a few amongst the many cases that have reached the court after CIC had ordered disclosure.
The commissioners expressed concern that the pending cases were hampering citizens’ right to get information from government and other public authorities.
As reported in Publication: Times Of India Delhi; Date: Mar 23, 2009; Section: Times Nation; Page: 10
Pending pleas: CIC to meet Delhi CJ
TIMES NEWS NETWORK
New Delhi: With several key decisions of the CIC stayed by courts, chief information commissioner Wajahat Habibullah is likely to meet Delhi high court chief justice to press for early hearings.
The decision was taken recently in an internal meeting of commissioners at the Central Information Commission where the issue of writ petitions being pending in the Delhi HC were discussed.
"The commission suggested that Habibullah may like to pay a visit to chief justice of Delhi High Court and present before him the concern,” minutes of the meeting said.
The meeting was called after the CIC found that public authorities appeal in the HC and get stay to certain orders passed by the commission. The CIC said the HC stay delayed the information seeking process. Amongst those issues that are under the HC’s consideration include disclosure under RTI of judges’ assets, whether Delhi government is bound to give details of the number of students admitted under the under-privileged category in private schools, disclosure related to UPSC aspirants and a RTI plea asking for details related to the oil-forfood scam. These are just a few amongst the many cases that have reached the court after CIC had ordered disclosure.
The commissioners expressed concern that the pending cases were hampering citizens’ right to get information from government and other public authorities.
As reported in Publication: Times Of India Delhi; Date: Mar 23, 2009; Section: Times Nation; Page: 10
Tuesday, March 24, 2009
"Pick and Choose" Method Adopted by AMU VC: University Counsel Fails to Appear in Special Appeal Before Allahabad HC
In an interesting development, the Counsel for Aligarh Muslim University (AMU) failed to appear before the bench hearing the Special Appeal filed in the Hon'ble High Court at Allahabad by AMU itself on on 8.3.2009!
AMU had gone in for Special Appeal against the judgment of Hon’ble Justice Rakesh Tiwari of the Allahabad High Court delivered on 6/02/2009 wherein he had observed that the counsel for AligarhMuslim University could not show application of any judicious mind in “pick and choose" method adopted by him (Prof. P K Abdul Azis, Vice Chancellor, AMU) thus rendering the discretion exercised by the Vice-Chancellor unregulated and absolutely capricious and without reason. [Nishit Sharma (Minor) S/O Sri Prabhat Sharma Versus Vice Chancellor, AMU and others in CIVIL MISC. WRIT PETITION NO.61316 OF 2008; Disposed on 6/02/2009]
Justice Tiwari had noted that “Considering all the aforesaid aspects of the matter I am of the consideration that the petitioner has been discriminated by the Vice-Chancellor, who has exercised the powers delegated upon him by the Academic Council vide its resolution dated 31.1.92. The petitioner having obtained 39% marks under the category of Ward of Children of Alumni was entitled to be admitted in the University particularly when the last candidate admitted in the aforesaid category had obtained 35% marks in the entrance test. (It is to be noted that in the instant case all the information pertaining to the case was obtained through the use of Right to Information Act by the petitioner.)
Delivering his judgement Justice Towari directed that the “Vice-Chancellor shall grant admission to the petitioner irrespective of any other consideration in class XI Science ("PCB") stream forthwith within a period of one week from the date of production of a certified copy of this order.”
Sri Prabhat Sharma, Father of Master Nishit Sharma has sent a complaint to the Vice Chancellor on 21.03.2009 against the non-implementation of the judgment dt. 6.02.2009 of Allahabad High Court by AMU.
For complete correspondence related to similar, please do visit www.rtigroup.org
For complete Writ and Judgement pl visit link given below:
http://rtigroupaligarh.blogspot.com/2009/03/pick-and-choose-method-adopted-by-amu.html
Scans of the Order passed on 18.03.2009 by Hon'ble High Court on the Special Appeal and the letter of Shri Prabhat Sharma addressed to Prof P K Azis, Vice Chancellor, AMU are given below:
Justice Tiwari had noted that “Considering all the aforesaid aspects of the matter I am of the consideration that the petitioner has been discriminated by the Vice-Chancellor, who has exercised the powers delegated upon him by the Academic Council vide its resolution dated 31.1.92. The petitioner having obtained 39% marks under the category of Ward of Children of Alumni was entitled to be admitted in the University particularly when the last candidate admitted in the aforesaid category had obtained 35% marks in the entrance test. (It is to be noted that in the instant case all the information pertaining to the case was obtained through the use of Right to Information Act by the petitioner.)
Delivering his judgement Justice Towari directed that the “Vice-Chancellor shall grant admission to the petitioner irrespective of any other consideration in class XI Science ("PCB") stream forthwith within a period of one week from the date of production of a certified copy of this order.”
Sri Prabhat Sharma, Father of Master Nishit Sharma has sent a complaint to the Vice Chancellor on 21.03.2009 against the non-implementation of the judgment dt. 6.02.2009 of Allahabad High Court by AMU.
For complete correspondence related to similar, please do visit www.rtigroup.org
For complete Writ and Judgement pl visit link given below:
http://rtigroupaligarh.blogspot.com/2009/03/pick-and-choose-method-adopted-by-amu.html
Scans of the Order passed on 18.03.2009 by Hon'ble High Court on the Special Appeal and the letter of Shri Prabhat Sharma addressed to Prof P K Azis, Vice Chancellor, AMU are given below:
Monday, March 23, 2009
AMU MBBS & BDS Admission Test Merit List (Session 2008-09)
The complete merit list for MBBS & BDS Admission Test conducted by Aligarh Muslim University (Session 2008-09) , obtained through exercise of Right to Information can be downloaded in PDF format from www.rtigroup.org (GO to RTI Questions--> Aligarh Muslim University-->Admissions & Examination).
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