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!

Maharashtra RTI Rules Amendment – The Process began in 2009, unknown to Civil Society

2 July 2012, Mumbai:  RTI activists of other states should take a lesson from the experience of Maharashtra RTI activists, and be very alert. Maybe they should all file RTI applications to their Law and Judiciary department and General Administration Department to find out what is going on. Because, by reading the documents procured under RTI from General Administration Department by RTI activist G R Vora (            9869195785      ,grvora1@gmail.com), we are surprised to find that the process of amendment was quietly going on for the past 2-3 years, unknown to all of us. See the dates circled on page 4 of part 1 of this RTI reply: http://tinyurl.com/GRV-Maha-RTI-Rules-Amndmnt-dox

[Note: GR Vora got 60 pages of government documents in English and Marathi, totaling about 45 mb. This is divided into two parts to facilitate download.]

Maharashtra activists were taken by surprise a couple of months earlier, when we learned about this amendment post-facto from an unofficial source – the March edition of a private publication sold outside Mumbai’s city civil court:http://tinyurl.com/Mrashtra-RTIRulesAmend-Jan2012   

The community of RTI activists and users of Maharashtra felt betrayed that the state government had not taken us into confidence by holding a public consultation. They reacted very strongly. Some activists have challenged this amendment in Bombay High Court.

We requests our fellow activists – especially those who are comfortable analyzing Marathi documents – to study these documents and share their understanding with all of us on internet. Quite probably, there will be lessons in it for RTI activists from all states on how to be more watchful, and not get taken by surprise in future.

Warm Regards,

Krish

            98215 88114      

thebravepedestrian?AT?gmail.com

Good News! MP High Court admits our Letter on Judiciary’s Problems as a Petition

April 5, 2012: Madhya Pradesh High Court has taken cognizance of our letter to the judiciary. A reply from the registrar of Jabalpur High Court dated March 5 states, “Your letter petition was placed before the committee of two Hon’ble Judges constituted by Hon’ble the Chief Justice… Hon’ble Committee has been pleased to file your letter for registration as a letter petition”.

The letter however cites a court rule that no further correspondence in this regard will be entertained. Read the full letter: http://tinyurl.com/MP-High-Court-Reply2our-Letter

Our letter to Chief Justice of India S H Kapadia, Chief Justices of 17 High Courts, Union Law minister and others, listed out the issues that make the judiciary unavailable to the common man. It also suggested various remedies. Supported by 121 signatories, this letter was posted on 25th December 2011 by activist G R Vora. Read this letter: http://tinyurl.com/Letter-sent-toCJs-SCHCs-Lawmin

Activists Sumer Bais and Meenal Rege translated the letter and its explanation in Hindi and Marathi, so that more people would understand it.

• Hindi: http://tinyurl.com/Letters2CJIs-HINDI

• Marathi: http://tinyurl.com/Letters2CJIs-MARATHI

We are still awaiting replies from other recipients. We are hopeful that some other High Courts, and maybe the Supreme Court also, will consider taking some action on the issues described in it.

Warm Regards

Krish

98215 88114

thebravepedestrian{AT}gmail.com

RTI: Former AMU VC Azis Enjoyed Free Meals Worth Rs 6.5 lakh

Interim Report by CBI and efforts of RTI activists have revealed that corruption tainted and CBI indicted former VC Azis enjoyed free meals worth Rs 6.5 lakhs (approx.) from AMU coffers. During CBI interrogation also Azis had admitted that he was illegally enjoying free meals from AMU funds since joining AMU. Interim Report by CBI has also revealed that Azis also made AMU pay for dry fruits etc. which he used to carry with him to his hometown in Kerala.

AMU – The rot within

Note: For complete article please visit "AMU – The rot within" By Ehtasham Khan,

http://twocircles.net/2011dec21/amu_%E2%80%93_rot_within.html

In a meeting of the Academic Council held about a fortnight ago to discuss the entrance exam of the medical college, Aligarh Muslim University [AMU] vice chancellor Prof P K Abdul Azis reportedly hounded a senior professor out of the room. The professor had objected to a decision being taken by the vice chancellor. None of about a dozen senior professors sitting there objected to this behaviour.

In AMU, this autocratic and feudal style of functioning is a rule, not exception. ……
But how come one individual like Prof Azis be able to manipulate everything as per his convenience in this age of information, vigilance, alert media and active judiciary. The rot implies deep into the feudal culture of AMU…….

Syed Hamid, a person of international repute, has kept himself silent in the last five years even as the Comptroller and Auditor General (CAG) and the judicial enquiry indicted...... Syed Hamid writes long essays in Urdu newspapers as soon as a VC leaves office. However, he maintains a comfortable silence, whenever corruptions are quite evident in the University.

Another important mute spectator is the former Chancellor of AMU Justice A M Ahmadi who was the former Chief Justice of India. Even Justice Ahmadi did not mince a word when the entire national media cried of the high-handedness and arbitrary actions of Prof Azis – from illegal termination of Prof Siras (who ultimately died) for having a different sexual orientation, to rusticating students who filed RTIs and exposed rampant corruption in AMU…..

Ray of hope: As the elite have almost been co-opted in power brokering, one can be quite hopeful of some students and teachers who have been fighting a solitary battle for the last five years. Despite victimisation, they have been filing RTIs and now even approached the court. The coming month would be crucial for AMU as it would set the agenda for another five years. Nobody knows what is in store.

Note: For complete article please visit "AMU – The rot within" By Ehtasham Khan,

http://twocircles.net/2011dec21/amu_%E2%80%93_rot_within.html

Rebel with a cause: Meet India’s youngest RTI activist

FirstPost.com

Story by Pallavi Polanki Oct 27, 201:

.....On 20 December 2010, Mobashshir was sent an expulsion notice, banning him from campus and debarring him from exams for “unending complaints of misbehavior and indiscipline”.

In March, after his appeals to the administration fell on deaf ears, Mobashshir filed a writ petition in the Delhi High Court challenging his expulsion. The school, since, has been directed by the high court to hold supplementary exams for Mobashshir and allow him to attend classes while the case remains pending.....

For complete Story Please visit:

http://www.firstpost.com/india/rebel-with-a-cause-meet-indias-youngest-rti-activist-117796.html

Maharashtra Citizens, take this Weapon and start Fighting Corruption

Dear fellow citizens,

Tagore wrote, “You can't cross a sea merely by standing and staring into the water”. In the battle against corruption, don’t you want to go beyond facebooking, twittering and sloganeering? Don’t you really want to have a movement? Guys, most of us have only talked the talk. If you want to walk the talk, then take this weapon and get moving. Like the Jan Lokpal Bill, this too is Anna Hazare’s brainchild; rest assured it’s not a rival product.

Since February 2011, Maharashtra has instituted a high-level Corruption Eradication Committees at Taluka, District and Divisional level. These committees are waiting to receive complaints and oral submissions from you. Bhavesh Patel, Anna Hazare’s man on one of these committees, informs us that In Mumbai, they now hold monthly meetings around noon on the first Monday of every month.

These are high-level committees chaired by the quasi-judicial officers at three levels -- Divisional Commissioners, District Collectors (a.k.a. District Magistrates with powers under Criminal Procedure Code) and Tahsildars (a.k.a. Tahsil Magistrates), and they have Anti-Corruption Bureau Superintendent of Police and Deputy Superintendent of Police as their members. Besides, chiefs of various government departments are the members.

This complaint mechanism can be used to target corruption by the smallest State Govt. chaprasi (peon), karmachari (worker) and karkhoon (clerk) to the most powerful State Govt. officer and Babu (bureaucrat).

It cannot be directly used to target corruption by netas (political leaders and elected representatives), mantris (ministers), constitutional appointees (such as Information Commissioners, Human Rights Commissioners etc), and private entities (such as individuals, cooperative societies, companies). This is because if, after investigation, the charges are found to have substance, they can recommend departmental enquiry and disciplinary action. Netas, mantris, constitutional appointees and private entities cannot be subjected to departmental enquiry and disciplinary action.

With all its limitations, this mechanism is still very powerful, because in the course of a departmental enquiry, the role of elected representatives and ministers is likely to come out, and the evidence gathered thereby has a good chance of landing with the Anti-Corruption Bureau and/or resulting in prosecution against all concerned – ministers and private parties also. The public servant is thus the weakest link in the chain of corruption, and it must be broken through our concerted action.

Click here to download Ready-to-use Complaint Format

Where to send complaint, whom to send, where to go for meeting?

Venues /contact phone nos. of these monthly meetings, where they receive complaints:

1) Mumbai City & North Mumbai (Suburbs)

2) Thane, Navi Mumbai, Ulhasnagar, Ambernath, etc.

3) Pune

4) Rest of Maharashtra

You can send your complaint to The Divisional Headquarters, District Collectorate or Taluka indicated in the above addresses.

Who do you address your complaints to?

Keeping in mind the jurisdiction, you have options and alternatives. You can address it to:

1) Divisional Commissioner, in his capacity as Chairman of Divisional Corruption Eradication Committee of one of the six divisions of Maharashtra, viz. Nagpur, Amravati, Aurangabad, Konkan, Nashik and Pune Division. You can also address it to Deputy Commissioner (Revenue), in his capacity as Secretary. This committee sits at Divisional Headquarters.

2) District Collector, in his capacity as Chairman of District Corruption Eradication Committee of one of the 31 districts of Maharashtra. You can also address it to the Resident Deputy Collector, who is the Secretary. This committee sits at District Collectorate.

3) Deputy Collector in his capacity as Chairman of the Tehsil Corruption Eradication Committee. Or you can address it to the Tehsildar in his capacity as Secretary. This committee sits at Taluka/Tehsildar office.

4) You can also address it to the Chief of the Vigilance Squad in your district, and send it to the District Collectorate.

Who they are, what are their powers, duties & obligations:

· The officers who are ex-officio on these high-level committees, click here:

English Marathi

· The action that they are required to take on your complaint, click here:

English Marathi

· To read about Vigilance Squads & its Duties, click here:

English Marathi

What you need for filing Complaint:

1) Specific knowledge to expose a wrongdoing and/or a corrupt government employee/employees.

OR

2) RTI documents as evidence of delaying tactics, non-acceptance of complaints, and inaction amounting to deliberate dereliction of duty, negligence etc.

OR

3) Evidence of Disproportionate Assets, information from reliable sources etc.

4) Your complaint need not necessarily be against any individual. You can point out wrongdoings of a department as a whole if you have knowledge of how a certain scam works.

Note: It is not necessary for you to have conclusive proof of the wrongdoing. Remember, you are only a well-meaning citizen, not an investigating agency or private detective. Information that can establish prima facie guilt is sufficient for you to trigger the statewide mechanism ofVigilance Squads, which will independently investigate based on your complaint, and report to the respective Corruption Eradication Committee.

Examples of such information or evidence:

a) RTI documents that show undue favours and abuse of discretionary authority

b) Correspondence that indicates unwillingness to perform their official duties as per the law

c) Photographs or recordings of soliciting/accepting bribes

d) A video-recording of touts in and around offices such as RTO, Octroi collection checkposts etc.

e) Knowledge of disproportionate assets owned by government servants

Optional reading: Read about the recent GR that mandates the formation of Corruption Eradication Committees and enables the citizens to action against corruption. RTI activists will find it quite easy to take action as they would already have large amounts of evidence of wrongdoings at their disposal, and because they are used to doing paperwork.

Warm Regards,

Krish

98215 88114

sahasipadyatri.AT.gmail.com (replace .AT. with @)

PS: This document contains over a dozen web links and downloads. If you cannot see the download links in this email, please open the attached word file.