AN RTI Manual for Public Authorities, Information Officers & Appellate Authorities

RTI Manual For PIOs

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Filing An RTI Complaint Online

Here is the link to the CIC website that allows you to file an RTI complaint online:

• http://rti.india.gov.in/index.php
• http://rti.india.gov.in/complaint_index.php

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RTI Templates From MyNation

I start with a thanks to MyNation for this compilation of RTI formats.

Here is the list:

How to write Second Appeal under RTI?

By MyNation ⋅ March 30, 2010 ⋅ One comment

How to write First Appeal under RTI?
Second Appeal
Kindly follow these guidelines for filling Second Appeal at Central Information Commission.

Fill in the above appeal/complaint form, index and chronological order of progress. If you are filing appeal remove ‘complaint/complainant’ words. If complaint is being filed, cut words “second appeal/appellant”
Get […]

How to write First Appeal under RTI ?

By MyNation ⋅ March 30, 2010 ⋅ Post a comment

How to write First Appeal under RTI?
First Appeal
Simple Guidelines to follow while filing 1st Appeal under Right to Information Act 2005.
1. First appeal has to be filed within 30 days from date of receipt of decision of CPIO by the applicant with First Appellate Authority (FAA).
2. If no reply is received […]

3rd Party Passport Details are Allowed

By MyNation ⋅ February 23, 2010 ⋅ Post a comment

Central Information Commission
CIC/OK/A/2008/987/AD
Dated December 22, 2008
Name of the Appellant : Mr.Ansari Masud A.K
192-Kutbi Manzil, Flat No.10
CST Road, Kurla
Mumbai 400 070
Name of Public Authority : The CPIO
Ministry of External Affairs
Regional Passport Office
Worli
Mumbai 400 025
Background
1. The RTI request was filed on 14.3.07. The Appellant requested for information about the passport and other enclosures of passport of […]

RTI – Husband can get Wife PF details

By MyNation ⋅ January 25, 2010 ⋅ Post a comment

Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066
Decision No.1816/IC(A)/2008
F. No.CIC/MA/A/2007/00583
Dated, the 10th January, 2008
Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation
Facts:
1. The appellant was heard on 9/1/2008.
2. The appellant has asked for the details of PF account in respect of his […]

Complaint to IT office – Sample Format

By MyNation ⋅ December 14, 2009 ⋅ Post a comment

DGIT (Investigations)
Income Tax Department
Deptt of Revenue
3rd Floor, A Center
E-2, Jhandewalan Extn
New Delhi- 110055.

SUBJECT: – For investigation into source of income and tax liabilities of Mother-in-law                      , father in law                   ,  Wife              and      (Brother of father-in-law)

Honorable Sir / Madam,
I,          , R/o                 ,  wish to bring to your kind notice the following […]

Police Case dairy through RTI

By MyNation ⋅ December 7, 2009 ⋅ Post a comment

Police Station House Diary / Police dairy OR case dairy can be retrieved through RTI ACT. Most of the time Police will deny but you have to draft RTI accordingly and cleverly.
Though Criminal Procedure Code, Section 172 reads as below:
172. Diary of proceeding in investigation.
(1) Every police officer making an investigation under this Chapter […]

Public is entitled to have certified copy of FIR

By MyNation ⋅ November 25, 2009 ⋅ Post a comment

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P. No. 5474 of 2007
Sardar Depinder Singh Bath & ors. – Petitioners
Versus
State of West Bengal & ors.
Respondents
Mr. Kishore Dutta
Ms. Sumita Shaw
for the petitioner
Mr. Joy Bhattacharya
for the State
Mr. Samiran Giri
for the respondent no.6
Before the Hon’ble Justice Dipankar Datta
Heard on : 22.2.2008
Judgment on :10.3.2008
It is […]

3rd Party Information allowed under RTI

By MyNation ⋅ November 4, 2009 ⋅ Post a comment

Central Information Commission
Appeal No.CIC/WB/A/2008/01390-SM dated 23-04-2008
Right to Information Act-2005-Under Section (19)
Dated: 28 October 2009
Name of the Appellant
:Shri M.L.Jain
H – 102, Raj Nagar – II,
Palam Colony,
New Delhi – 110 045.
Name of the Public Authority
:CPIO, O/o the Deputy Commissioner of Police, South West District,
New Delhi.
The Appellant was present in person.
On behalf of the Respondent, the following were […]

RTI format for Stridhan n DP3

By MyNation ⋅ October 7, 2009 ⋅ Post a comment

THE RIGHT TO INFORMATION ACT 2005

Date: date
To
The CPIO
O/o The Superintendent of Police XXXXXX
address
Subject:  Request for information required under RTI Act 2005

Ref: My complaint dated 4-Oct-2009 sent through speed post no. ABCDEF1234IN (copy enclosed) for registration of case against Mrs. xxxxxxxxx and accomplices under section 3 of dowry prohibition act, 1961.
Dear Sir,
With reference to my complaint (copy […]

RTI rcoganised- Right to copies established

By MyNation ⋅ August 5, 2009 ⋅ One comment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 27.2.2008.
CORAM
THE HON’BLE MR.JUSTICE M.JEYAPAUL
Crl.O.P.No.18533 of 2007
J.M.Arumugham Petitioner
vs.
1. State rep by
The Deputy Superintendent of Police,
Vigilance and Anti-corruption Wing, Salem.
2. Mr.S.Arumugam
3. Mr.A.Rajendran
4. Ms.Santhi
5. Ms.Brinda
6. Ms.Nirmala
7. Ms.Ramanayaki
8. Ms.Leela Respondents
Criminal Original Petition filed under section 482 Cr.P.C. seeking to set aside the order dated […]

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Guidelines For RTI Applicants

Here is the document:

guidelines-for-rti-applicants

You can find more circulars here:

http://righttoinformation.gov.in/Circulars/CircularReportForRTI.asp

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NRIs Finally Given Access To RTI

Here is the link to the article:

http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070017775&ch=7/6/2007%205:17:00%20PM

Here is the link to the Indian Embassy In DC:

http://www.indianembassy.org/newsite/RTI.asp

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RTI Act Downloads And Templates From AP Info Commission

Here is the homepage: http://www.apic.gov.in/
Here is the link to downloads: http://www.apic.gov.in/downloads.jsp

Decisions take by the commission: http://www.apic.gov.in/decisionsofic.jsp

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Governance And Right To Information

A blog I came across: http://egovernance.wordpress.com/

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Delhi HC Defines Powers Of The CAW Cell

Here are several judgments by Justice Dhingra since his return. He clearly defines the powers of the Crimes Against Women (CAW) cells and maintains that the proceeding before the CAW cell are reconciliatory and voluntary only. The CAW cells have no power to take coercive action. The proceedings of these cells are not judicial or quasi-judicial nor can they issue summons to appear before it. That power remains with the judiciary. With these judgments, Justice Dhingra has effectively ended the tyranny of these corrupt CAW cells.

Here is the news from the Tribune.

There is an earlier judgment about the CAW cells, again by the Delhi HC.

Here is the judgment:  Jasbir Kaur Vs State, Delhi HC – 2006.

I quote:

“Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law. But in this case police committed abuse of the process established by its Commissioner. No attempt was made to resolve the difference between Manoj Kumar and respondent No.5 nor efforts were made to bring about amicable settlement for which purpose Crime Against Women Cell was created. This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant. Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reaches such a pass that it cannot be restored back”

Here are some articles about CAW:

• Cell for Crime Against Women
• Training Workshop for Police Personnel By Delhi Commission For Women. Please read the recommendations for the CAW cell. They are asking for the disbandment of the CAW cell.
• Confusion about the powers of the CAW cell
• Looks like the Chandigarh police have gotten it right

Finally, here are the short and concise judgments of Justice Dhingra on the Delhi CAW cells.

NOTE: I thank the volunteer from Delhi who has been helping me with gathering these judgments.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

13.08.2007

Present: Mr. Vinay Singh, Advocate for the petitioner.

None for the respondent.

Crl. M. No.9052/2007 and W.P. (Crl.)1045/2007

This petition has been filed by the petitioner with a prayer that the conversation recorded by the petitioner between father of the petitioner and the father of the respondent should be heard by the CAW Cell and should be made part of the investigation. I consider that CAW Cell has no power to investigate the crime. It is not a police station where FIRs are registered. Investigation in any crime can be done only after registration of FIR. CAW Cell only makes reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The investigation can also be done by CAW Cell if it is referred to it after registration of FIR. Since no FIR has been registered in this case, no directions can be given to CAW Cell for investigation. The petition is infructuous and is hereby dismissed.

SHIV NARAYAN DHINGRA, J.

August 13, 2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

10.08.2007

Present: Mr. Keshav Kaushik, Advocate for the petitioner.

Ms. Mukta Gupta, Standing Counsel for State with

Ms. Rajdipa Behura and Mr. Akshai Malik, Adocates

W.P. (Crl.) No.1032/2007 and Crl.M.A.No. 8989/07

It is stated by the counsel for petitioner that CAW Cell was threatening the petitioner for appearance. It is made clear that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is also directed that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation. The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Cell. No further direction can be given by the Court in respect of respondent No. 5, who according to the petitioner has refused to accompany him. It is alleged that she was living under the influence of her parents. Earlier when she appeared in this Court, she was living with the petitioner. She refused to meet her parents at that time. If the respondent is such an immature lady that when she comes under the influence of petitioner, she refuses to meet her parents and next time when she comes under the influence of her parents, she refuses to meet the petitioner, the Court cannot help the petitioner. The petition is disposed of in above terms.

SHIV NARAYAN DHINGRA, J.

August 10, 2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr. Tarun Sharma, Advocate for the petitioner
Ms. Mukta Gupta, Standing Counsel for the state with
Mr. Ahshal Mehtra, Advocate
W.P.(Crl.) No. 1009/2007

Issue notice of the petition to the respondents returnable for 17th January, 2008. Notice is accepted by the Standing Counsel of the State. Crl.M. A. No. 8813/07 in W.P.(Crl.) No. 1009/2007.
The parties were referred to CAW Cell where CAW Cell after making enquiries, came to the conclusion that it was not a case of cruelty or harassment on the part of the husband. The CAW Cell recommended a Closure Report saying that no case is made out against the husband or family of the husband. After this recommendation, respondent no. 2 made an application under Section 156(3) before the learned Metropolitan Magistrate. Learned Metropolitan Magistrate without giving any reason as to why he considered that a case was made out, ordered for registration of an FIR. I consider that it is a fit case where operation of the order can be stayed. The operation of the order dated 3rd August, 2007 wrongly mentioned as dated 30th July, 2007 is stayed. Trial Court record be called.
Dasti.

SHIV NARAYAN DHINGRA. J.

August 07, 2007

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Here is the second judgment:

IN THE HIGH COURT OF DELHI AT NEW DELHI
07.08.2007
Present: Mr.R.P. Yadav, Advocate for the petitioner.
Ms. Rajdipa Behura, Advocate for the State.
W.P. (Crl.) No.849/2007
Justice Shiv Narain Dhingra

This petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed by the petitioner for dropping of proceedings pending before the CAW Cell, Amar Colony against the petitioner and his family members on the ground that the complainant wife has already made a complaint under the provisions of Domestic Violence Act in the Court of learned Metropolitan Magistrate, Patiala House Courts. Her allegations made before the Metropolitan Magistrate and CAW Cell are ditto.
CAW Cell is an agency created to make efforts for reconciliation between the families before initiation of criminal proceedings on the complaint of the wife. The petitioner is at liberty not to appear before the CAW Cell. No coercive action can be taken by the CAW Cell, compelling an unwilling person to put in appearance before it. CAW Cell can conduct proceedings only where both the parties are ready and willing to join the proceedings voluntarily.
I consider that there is no reason for the Court to pass any order in respect of proceedings before the CAW Cell as these proceedings are not judicial or quasi-judicial nor proceedings in the investigation of the crime. They are only reconciliatory proceedings. The petitioner is at liberty not to join the proceedings before CAW Cell.
In view of the foregoing discussion, this petition is not maintainable and is hereby dismissed as such.
Dasti.
SHIV NARAYAN DHINGRA. J.
August 07, 2007

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FOIA Principal Contacts

Here is the link

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Interpol Global Standards To Combat Corruption In Police Forces

The Interpol document on combating police corruption

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Police Can Arrest On Magistrate’s ‘order’: Mumbai HC

Here is the article

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Failure To Give Reasons Is Denial Of Justice: SC

Here is the judgment: Right To Reason Judgement- Jun 2007

Here is what the Supreme Court said:

• Giving of reasons is one of the fundamentals of good administration
• Right to reasons is an indispensable part of a system
• Reasons at least indicate an application of mind

Here is the article from the Hindu

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Swarup Sarkar DV Act Judgment 2007

Swarup Sarkar won the Domestic Violence case filed by his wife.

Here is some background information from the TOI which sheds some light on the Swarup Sarkar story:  Man complains, wife summoned over abortion

Here is the judgment: Swarup Sarkar DV Act Judgment 2007

You may also want to read this: Indira Jaising On The First Anniversary Of The “Clumsily Drafted” DV Act

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India To Register Pregnancies To Fight Foeticide

Another act of stupidity emanates from the hallways of the Ministry of Women and Child Development. The Hon’ble Minister, you can see her in action here on YouTube, would like to register all pregnancies in the country to prevent foeticide. Forget the logistics involved. I would like to see the Hon’ble Minister, taking her daughter to the responsible Govt Office and saying to the chap on duty, “Here is my daughter and she is pregnant, the father is my son-in-law, please register the pregnancy.”

Another bit player in this silly act is the Minister Ambumani Ramdoss. He has allegedly been pushing for the appointments of doctors to AIIMS, the premier health care institute, based on their caste and not on the strength of their credentials.

Back to this story, I have a few questions:

• Apart from the issues of privacy involved, we can toss in the issue of religion. Can you imagine a Muslim couple doing this? or will they be exempt to fend off the backlash?
• What about the conservative people in the cow belt? Would they be willing to parade their pregnant wives before unknown men or women?
• How about this situation where a women unfortunately has an abortion due to reasons beyond her control and the foetus is a female? Will she be booked for murder?
• What if a woman wants to abort regardless? Aren’t we now infringing on the reproductive rights for women? The feminists, internationally, will be up in arms.
• What does one do if a woman has an abortion just because she wants a male child and gets a certificate from a doctor saying that the pregnancy was putting her life at risk?

And then think about logistics involved in implementing this law.

You can read about the whole thing here.

All in all, this is a classic example of a self goal, as this law is bound to piss off the feminists, internationally.

Here is Gloria Steinem saying: “I would say that a crucial contribution of feminism is to add reproductive freedom as a fundamental human right. Controlling women’s bodies as the most basic means of production, the means of reproduction, is the origin of patriarchy; thus of domination and hierarchy. Women are reversing that process by seizing control of the means of reproduction, and restoring balance.”

Righto! and we can see women standing before the Babus and saying that “Hey! We are pregnant! Register it!” What would good old Gloria say to that ?

At the least, this is an act of stupidity, literally.

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The Wife Of A Karnataka Cadre IAS Officer Is Fighting Corruption

I read about Mrs JN Jayshree here:

“In the southern Indian state of Karnataka (of which Bangalore is a part), J. N. Jayashree, wife of a state bureaucrat named M. N. Vijayakumar who has spoken out vigorously against corruption in the government there, started a blog as a way to spread the word about the pilferage currently plaguing Karnataka . Raising her husband’s international profile in the face of the recent murders of whistleblowers such as Satyendra Dubey and Shanmughan Manjunath was another motivation.”

This is an article about her in the New York Times

This is her blog: Fight Corruption Now

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What Does An Interpol Red Corner Notice Application Form Look Like ?

I really like these AP CID guys. They have a lot of information posted at their site, including a downloadable Red Corner Alert application form. Here is a link to their site.

This is what it looks like

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An RTI For The Pay Of The MPs

Some guy has filed an RTI against the MPs.

Here is my question. If a guy can file an RTI against the MPs, why can’t the 498A affected folks file RTIs against the cops, if they feel the officer did not do his duty ?

Here is the link the article from HT

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The Indian Domestic Violence Act: Behind The Scenes

Looks like there was a lot of action behind the scenes. Here are some pdfs that explain what I mean:

• Govt version of the bill
• The version by the Lawyers Collective
• The non-negotiables
• Comparison of the DV Act bills

This happened on March 15th 2002.

Here is the link to the pdf: COMMENTS BY MR. ARUN JAITLEY, Union Minister For Law And Justice, in defence of the GOI Domestic Violence Bill Given to women’s groups on March 15, 2002

Here is a comment by Indira Jaising:

“There should be a policy underlying every legislation. The only possible objective of a law on domestic violence can only be to Stop Violence. Whereas the policy of the GOI Draft seems to be to preserve the family and the marriage, and the same is already achieved by all the marriage laws and civil laws. The only “unoccupied field” is protecting a woman from domestic violence and this present draft does not achieve that.”

Here is the pdf if the link is inactive: GOI DVA Bill Original Version Comments

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The SC Takes The Lead On Police Reform

Here is the link to CHRI

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RTI Basics, Info, And Templates

I compiled the information from various sources. HT and TOI get a big chunk of credit for this.

Click on the link below to download an  RTI Request application:

Download an RTI Application Form

This form has the address of the AP Police’s PIO as an example only.

The Indian Supreme Court has ruled that RTI is a Fundamental Right.

Here is a link to the judgment.

Here is an excerpt from the judgment:

[SUPREME COURT OF INDIA]

People’s Union for Civil Liberties and another

v

Union of India and others

S. B. Sinha

06 Jan 2004

“Right of information is a fundamental right under Article 19(1)(a) of the Constitution. The State under Clause (2) of Article 19 of the Constitution, however, is entitled to impose reasonable restrictions inter alia in the interest of the State. How far and to what extent the same should be balanced is the question involved in these appeals which arise out of judgments and orders dated 30th January, 1997 passed by the High Court of Judicature at Bombay in Writ Petition Nos. 1785 and 1792 of 1996”

Remember this ! The Govt authority needs to provide information within 48Hrs if rights under life and liberty are affected. An RTI is a useful weapon if your loved ones are being held by the police.

• Tips For Filing RTI For  IT Returns Of The Wife
• Tips For Filing An RTI To The Police in 498A Cases

Here are some links:

• http://www.persmin.nic.in/
• Central Info Commission
• RTI Portal
• NCPRI Website (Contains more samples of RTIs and Appeals)
• CHRI RTI main page. They have interesting stuff on police reforms.
• Indiatogether RTI Page
• Parivartan Home Page
• Sakshi Trust
• NDTV RTI Page
• RTI FAQs from GOI
• RTI Act 2005
• List of Public Information Officers:
  • By State
  • Central Govt

Here is the document that gives you the basics on filing an RTI: RTI Basics

RTI presentation from GOI: RTI Presentation

NCPRI RTI Primer: NCPRI RTI Primer (12Page version)

Here is a template for the RTI for the police: RTI Template For The Police

Example of an RTI: RTI Example

You will find more templates at this website: Protect India Family Foundation

Here is the document that details the complete act: RTI Act 2005

Here is another document: CHRI Guide to using RTI

Here is another doc from Transparency International: Using RTI To Fight Corruption

RTI links from the Pondy police website. They have forms etc: Pondy police RTI

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