Monday, October 25, 2010

LONG LIVE THE RTI ACT

Knowledge is power!

Knowledge flows from information!

Access to information is our right!



The RTI Act, 2005 is of the most effective, useful enactments to come into force. Used judiciously, it can root out corruption, arbitrariness, etc by fixing responsibility on the wrong-doers.

All that it takes is 10 bucks and yeah... guts!

The procedure is simple:

1. Draft a letter addressing the Public Information Officer of the Public authority concerned. For ex:

To
The Public Information Officer,
The Osmania University,
Hyderabad.

Respected Sir/ Madam,

Sub :- Application under the RTI Act, 2005- reg.

Encl:- I.P.O./ DD/ BC for Rs. 10/- drawn towards application fee.

Sir/ Madam, The Text comes here…

;
;
;

Sir/ Madam, I sincerely hope that you would furnish the information requested for, within the stipulated thirty (30) days, in the form of certified Xerox copies. (You can also ask for information to be provided in the form of a CD or a floppy disk).


Thanking you,

Yours sincerely, Place:

signature Date:
(Your name)




P.S. Xerox copies are charged at Rs. 2/- per page. You can also ask for information to be provided in the form of. In the case of a CD or a floppy disk, the fee is Rs. 50/-. The exact amount to be paid by you would be communicated by the PIO if s/he intends to furnish the information.


2. Clearly state the information that you seek. You don’t have to specify the reasons. However, if you have nothing to fear and have genuine concerns… do mention the reasons. It will be very useful in case you have to take recourse to the 1st and 2nd Appeal.

3. Enclose an Indian Postal Order (I.P.O), or a DD or a Cheque for Rs. 10/- drawn in favour of the Accounts Officer of the Public authority concerned.

4. Make Xerox copies of the RTI Application and the IPO/ DD/ Cheque. Keep them safe and secure.

5. Please mail the RTI application through registered post with ack due or Courier.

6. In case you hand over the application in person, the fee of Rs. 10/- can be paid through cash. However, do not forget to collect the acknowledgment at the office counter. Please carry xerox copies of the application. Make sure that the office seal is stamped on the copies and attested.


According to section 6 of the RTI Act, 2005


6 (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

(a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;

(b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,

specifying the particulars of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.

(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him.

(3) Where an application is made to a public authority requesting for an information,—
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority,

the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.




In the case of refusal to furnish the information/ no correspondence within 30 days / wrong or misleading information from the PIO:



The first appeal has to be made within 30 days of the expiry of the 30 days within which the PIO was supposed to furnish the information. For ex: you had delivered the RTI application to the PIO on the 1st of March. The PIO is bound to communicate by 31st of March. In case of any grievance, you are supposed to file the 1st Appeal with the First Appellate Authority (FAA) by 30th of April.


1. Draft a letter to the First Appellate Authority of the public authority concerned.

Sub:- 1st appeal under the RTI Act, 2005 – reg.

2. Enclose the Xerox copies of the RTI application, IPO/DD/ BC, Acknowledgement or Courier consignment copy.

3. Don’t forget to self-attest the enclosures sent along with the Appeal.

4. Make Xerox copies of the entire set (incl. the enclosures) and keep in safe custody. They would come in handy in case of 2nd Appeal.

5. Mail the 1st appeal by courier/ speed post/ registered post with ack due. Or deliver it in person in lieu of an acknowledgement.




P.S. No extra fee is to be paid while making the 1st and the 2nd Appeals.




In the case of Refusal to furnish the information/ no correspondence within 30 days / wrong or misleading information from the FAA :



A second appeal against the decision of the FAA should be made with the Central Information Commission or the State Information Commission within ninety days from the date on which the decision of the FAA should have been made or was actually received by the Applicant.

1. Draft a letter to the Central or the State Information Commission.

Sub:- 2nd appeal under the RTI Act, 2005 – reg.

2. Enclose the Xerox copies of the 1st appeal, the Courier consignment copy/ Ack and the enclosures sent in the 1st appeal… i.e., the attested RTI application, IPO/DD/ BC, Acknowledgement or Courier consignment copy .

3. Don’t forget to self-attest the enclosures sent along with this Appeal.

4. Make Xerox copies of the entire set (incl. the enclosures) and keep in safe custody. They would come in handy in case you have to appeal in the High Court.

5. Mail the 2nd appeal by courier/ speed post/ registered post with ack due. Or deliver it in person in lieu of an acknowledgement.




P.S. There is no time frame for the Information Commission to dispose off the 2nd appeal. However, there shall be a hearing in the Chambers of the Information Commissioners wherein the applicant or his authorized representative would be given an opportunity to put forth their arguments.

For all Central Govt. establishments the 2nd appeal should be made to the Central Information Commission. Similarly, for all State Govt. establishments, the 2nd appeal should lie with the respective State Information Commission.

Appeal against the order of the Central Information Commission lies with the Delhi High Court. Appeal against the State Information Commission lies with the respective High Court.



For more info please long on to: http://rti.gov.in



Regards,

Sunand P

Friday, October 15, 2010

IRREGULARITIES IN THE OSMANIA UNIVERSITY

Dear Friends,


I had obtained information under the RTI Act about the interviews held in the year 2006 for the post of Assistant Professor in the Dept. of Urdu, Osmania University. The eligibility criterion... either NET (National Eligibility Test) or a Ph. D degree.

What was shocking was that, no candidate was selected despite 8 candidates possessing the NET eligibility; 13 candidates possessing the Ph. D. degree and 3 candidates possessing both Ph. D and NET appearing for the interviews.

• The candidates possessing NET are at Sl. Nos. 2, 5, 9, 10, 12, 28, 29 and 30 (refer to qualifications 1 & 2).

• The Candidates possessing Ph. D. are at Sl. Nos. 1, 2, 7, 11, 16, 19, 21, 23, 23, 25, 26, 28, 30 (refer to qualifications 1 & 2).

• Whereas, the candidates possessing both Ph. D and NET are at Sl. Nos. 2, 28 and 30.


The reason why no candidate was selected was because 2 different candidates were favoured by 2 different members of the selection committee (which comprised of the then V-C (Prof. Suleman Siddiqi), the HOD of the Urdu Dept and other Subject Experts).

As a result, the students of the Dept of Urdu have been deprived of the services of an Assistant Professor, Urdu for the last 4 years.

The Governor of A.P. has been kind enough to forward my findings to the Prl. Secy, Higher Education for appropriate action.


If you have similar grievances you too can take recourse to the RTI Act and seek redressal.

Regards,

Sunand P