Manoj Pai | 9 Dec 18:11 2013
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[HumJanenge] Compensation instead of Penalty?

Recent decisions have shown how Chief CIC Deepak Sandhu had impose penalty on erring CPIOs for delay in
providing information to RTI Applicant. However, last week, in the matter between Shri S.K. Jain, New
Delhi   V/s Delhi Transco Chief CIC Deepak Sandhu for nine months delay in providing the information to the
applicant, instead of imposing full penalty on the CPIO, Smt Sandhu has awarded compensation to the
applicant "For the detriment and harassment caused to the appellant on   account   of   this   delay,   Commission  
directs     the   public authority namely DTL to  pay compensation of Rs. 3000/– to the appellant within one
week of receipt of the order."

Full decision at this link

http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2013_001281_T_121988.pdf

We are all aware of the Delhi HC judgment as well as the Punjab HC where penalty is mandatory and not
discretionary. A through examination of the decision reveals that "Shri   KG   Vishwanathan,   Manager
(Finance)/PIO   and   Shri   Vasu   Dev,   Manager   (HRD)/PIO   who appeared   before   the   Commission   in   the   same   matter  
on   24 October 2013 and provided false and misleading information to the Commission". The decision
further continues "This has wasted the time and resources of the public authority and the Commission and
they are warned  to be more careful in future."

Even if you read the recent Delhi HC judgment or the earlier Hon Supreme Court judgment on Section 18, makes
it mandatory that full penalty be imposed on the respondents. Maybe some of our RTI Activists (Haramis) in
this list might like to seek the confirmation whether the applicant has received the Rs.3 K compensation
thru an RTI Application and citing Section 4(1)(d) also seek the reasons for the "quasi judicial"
decision sparing the respondents with a "warning" for not imposing the penalty on the erring CPIO.

Manoj

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Vikram Simha | 31 Oct 05:08 2013
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[rti_india] Fw: Sign my petition on Change.org

 

A Very humble request Please Sign this petition as we Feel that the Information Commission's and the Commissioners are the weakest Links in RTI Regime and Chain . There should be Full Transparency in thier appointment and it is the Entry Point for accountability which we all seek from Public Servants .
Therefore Please Sign this and Forward it all your Friends to sign . We succeed in Blocking an RTI amendment to be Done in Parliament on CIC ruling of Bringing Political Parties into RTI Ambit. Can we Do it Now     
 
N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.


On Thursday, 31 October 2013 12:47 AM, rudrappa skumar <mail-2UY9nURoaZQdnm+yROfE0A@public.gmane.org> wrote:
Change.org Responsive Template Baseline
Shared with you
Hi —
I just started a petition on Change.org that is about an issue that is very important to me. The more people that sign my petition, the more likely it is to win. Will you help me by signing?
Thanks,
rudrappa

HON'BLE CHIEF MINISTER GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE -560 001 : Not to appoint any new information commissioners information commission to save the public money by improving the efficiency of existing five information comm

By rudrappa skumar
Bangalore
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To, 
Hon'ble Chief minister
Govt. of Karnataka
Vidhanasoudha
 Bangalore -560 001
 Dear Respected Sir ,   
Subject : Requesting the Hon’ble Chief Minister  of Karnataka not to  appoint any new additional information commissioners in the karnataka information commission to save the public          money by    improving  the efficiency and  performance  of existing  Five information commissioners .   
                With reference to the above  I am an Advocate ,  RTI Activist and social activist working for the betterment of society on the principles of Swamy vivekananda &  Sir M.Visweswraiah and I am the follower of  Anna Hazare and participated in all the movements of anti corruption lead by AnnaHazare  to build corruption free society and to  bring transparency and good governance in the state.
 
                 I came to know that the government is making arrangements to appoint new  Five  information commissioners in the karnataka information commission even though there is no necessity to appoint any new information commissioner which will put burden on finance of state exchequer and on tax payers money . In this context   the Janaspandana was issued an official notification calling  applications for the post of the state information commissioners . I wish to bring some of the real facts about the functioning of Karnataka information commission  for your kind notice .
                   Since from 2005-2006 when RTI Act 2005 came into existence myself and some of like minded friends of me are  involved in RTI Campaign bringing awareness among the common man and  govt. officials about RTI act and its implementation in the right spirit to bring transparency and good governance in the state to curb corruption in the state .   My self and my group filed more than  1500 RTI Applications , Most of the RTI Applications are  pertaining to Section 4(1) a & 4(1) b of the act . which is  a mandatory section to be complied by all the government offices including Vidhanasoudha . Section 4(1) b suo-moto disclosure under 17 templates which helps the common man to understand what the government is doing for the citizens. Our group  had filed RTI Application from Governor office to Panchayath office  level and Covered all most all the departments like Police Dept. Revenue Dept. Vidhanasoudha , Vikasasoudha , Civil court , District courts , High court , Lokayuktha , BDA , BBMP , BWSSB , BMRDA & all the other departments to bring awareness about RTI Act.  More than Rs.15,00,000/- [ Rupees Fifteen Lakhs ] of penalty is imposed on public information officers in our cases against the public information officers who had  failed to furnish the information within time and the said penalty  amount will be credited to government account . Without Penalty clause the RTI Act will become redundant . Inspite of imposing penalty on the public information officers they  are not furnishing the information sought within time  and ready to pay the penalty due to huge corruption in the govt. departments.
              The  penalty is imposed on some of the important  IAS , KAS and Senior police officers in our cases  . More than 12 officials    approached high court of Karnataka challenging the order of the commission of  imposing penalty against them for failing to furnish the information within time in our  cases  and I am  devoted  and dedicated my valuable time to bring  motivation , awareness among the citizens by providing free guidance and brining awareness among the government officials to facilitate to  implementation of RTI Act in the government offices to bring transparency and good governance in the state . I had spent most of  my valuable  time with Karnataka State Information commission for the betterment of the society and I am observing  the performance of the commission in the interest of public since for  the last 6 years.
          Presently there are Six information commissioners  functioning in the commission including one  Chief information commissioner  .Out of Six information commissioners four of them retried bureaucrats and Two of the information commissioners  from political back ground . One of the information commissioner is retiring this month. Remaining five information commissioners are having  approximately Two and half years term of service.   Salary paid to  information commissioner is equivalent High court judges   and other facilities such as  Luxury  car , adequate personnel staff , perks  Medical facilities , pension privileges are provided to them Govt. is spending approximately  bare minimum Rs.6 Lakhs on each information commissioner every month  including their personnel staff , stationery expense , Medical expenses , Petrol , Diesel ,computers , telephone , premises rent , furniture and fixtures interiors  and other expenses which is costing around each information commissioner 72  Lakhs  per year ffor six information commissioners  which will  works out around approximately  more than 4  Crores  on the govt budget and which is a public money and tax payers money.
              If  the  Government appoints additional new five information commissioners  and the government would unnecessarily incur a huge financial burden for the next  five years even though there is no necessity of appointment of information commissioners in the state , since the  Government has not utilized the services of existing information commissioners effectively. The existing information commissioners  are functioning  like  part time information  commissioners working for only few  hours a day and there is PIL challenging their appointment by one of the RTI Activist which is pending before the court. Once the appointments were made by the government without following the provisions of the act then  process to remove an Information Commissioner was very cumbersome and not possible also.
               I wish to bring following few observations made by me and other friends for the past 5 years  about functioning of the Karnataka information commission . I am not complaining against anyone but bringing the facts about the system and how the information commission , Public information officers and 1st appellate authorities are functioning in the state . The  Information commissioner and chief information commissioner post is a permanent and fulltime Job and salary is in par with High court judges.   But  surprisingly present   information commissioners are working like part-time job and they are functioning between 11 to 1-30 Pm and  even early . After wards there will be no hearings and they will sit in their chambers and some of them leave the commission and they will do their personnel works by using govt. car and other facilities and privileges. Due to working like part time commissioners pendency of the cases are increasing day by day in the commission and they are informing the RTI Applicants  they are expecting appointment of  new information commissioners by the govt for hearing of pending cases.
               Every  day  the existing   information commissioners  are   hearing only between 10-20 cases and each case will be heard for a  few minutes , some times for  few seconds but the information commissioners are granting years together time  to furnish the information  to public information officers  against the provision of the act. Each case will be  adjourned several times and the cases are dragged for years together unnecessarily and creating pendency on their own.  The information commissioners are failing to work as per the provisions of the RTI Act and fails to  implement the provisions of rti act with right spirit to bring good governance and transparency in the state to control the corruption in the state . Information commission is very important organization due to disclosing of information all the scams are exposed .  For simple information sought by the citizen the information commissioners are granting too much time to the public information officers  and the public information officers taken a lenient  view on the commission and some of the public information officers are not appearing in their cases before the commission due to lenient  attitude of the information commissioners .  The public information officers are failed at  grass root level to furnish the information within 30 days and 1st appellate authority also failed to function properly  by hearing the 1st appeals and issuing strict directions to  the public information  officers to furnish the information sought by  the citizens in a speedway and within time prescribed by the act.
 
            The penalty was  imposed by the information commissioners in a very few cases and allowed the public information officers freely who are failing to comply the provisions of the RTI Act and  their duties to furnish the information to the citizens within time . Due to this the public information officers becoming redundant and the  citizen   has to run pillar to post for information  and the Citizen  has to approach the commission to get the information by filing 2nd appeal by waiting years together to get the information  Due to the failure of furnishing the information by public information officers at foundation level  and failure of 1st appellate authority to hear and to issue necessary   directions to the public information officers to furnish the information sought expeditiously and the citizen has not having any alternative and he has to  approach the commission by filing 2nd appeal .  Increase in number of 2nd appeals  causing financial burden on the state . The information  commissioners are not training the public information officers and creating awareness to furnish the information within time and to avoid the information seeker to approach the commission every time to reduce the financial burden on the state , At the initial stage itself  without extra salary or with lesser the cost the information can be furnished to the public .  Due to failure of these functioning of public information officers at gross root level and at 1st appellate authority level the citizen has to approach the commission and govt. is spending lakhs of rupees on salary and other facility on information commissioners even though it is not necessary.
                The services of the information  commissioners are not utilized properly by the Government  by spending huge public money and  Govt. is not questioning  the style of functioning of the commissioners  .  what they are doing and  how they are performing and there is no audit is made from the government by getting feedback from the citizens and activists who are using the RTI Act.  Government never consulted or made an attempt to discuss the issues by making public meetings with citizens and activists and government has not made any survey to assess how the information commission is functioning and whether a common man from remote rural village  is getting the information sought easily.
                The information commission is a Quaci  - judicial authority works under the provisions Civil procedure code 1908 . If we examine  the functioning  of small causes courts , Civil courts  Magistrate court ,  High court  they are functioning from morning 10-30 Am to 5-30 Pm and approximately more than 100 of cases are listed for hearing and courts will see that some of the cases will be given date and other cases will be heard for evidence , cross examination , arguments and for some of the cases for orders and judgments  etc  and the judges are liable to give monthly statement of disposal and there is pressure from Higher courts to dispose the cases expeditiously to deliver the justice and  to bring down the litigations  pending before several courts and there is no such system to report the disposal and pending status of the cases to the government monthly or quarterly.
                It is true fact that  Government offices  are not complied the provisions of section 4(1) a & 4(1)b  of the RTI Act 2005 , 4(1)b suo-moto voluntary disclosure must be published within 120 days of act came into force , But even lapse of 7 years of act came into force no Government organizations are least  bothered  to  comply the provisions of the act and this compliance of section 4  will reduce number of applications to the government departments .  The section 4 (1) a & b  provision of the act  is like brain of the RTI Act.  Every year lakhs of crores of money spent on public works and other works but record maintenance system by the  Govt. departments is very poor and Plublic records acts must be implemented immdiately .                                                                                    
 
For example BBMP Budget is around 10,000 crores spent every year but if we see the quality of roads laid in Bangalore brings doubt about where the public money has gone . Public record management system is very poor and public records act is not implemented properly and  there is no responsibility and accountability on the officials .
              As per RTI Act if an RTI Applicant fails to get the information within 30 days he has to file 1st appeal before the higher authority of the same office where the information is sought under section 19(1)of the RTI Act   Inpsite of Clear supreme court verdict  the functioning of 1st appellate authority is became redundant in the state due to there is no penalty  provision for  1st appellate authority and the penalty will be imposed only on public information officer for delay in furnishing the information and the government is keeping silence to fix accountability on 1st appellate authority which is failing to comply the act and issue necessary  directions to the public information officers and furnish the information sought by the RTI Applicant within the time limits. 
              1st appeals were  never  heard properly and directions were not issued  to the Public information officers to furnish the relevant information sought as per the provisions of the act . Due to non functioning of 1st appellate authority  more and more 2nd appeals registered before the Karnataka information commission under section 19(3) of the act and burden is increasing day by day on the commission  due to inefficiency at gross root level , Neither the government nor the commission taking this issue seriously .  The commission is not taken any steps to strengthen the 1st appellate authorities and  not made any seminar's , audio visual program  to improve the performance of 1st appellate authorities . If an RTI Application is heard and disposed at 1st appellate authority level  their will be no extra cost burden incurred on  the government , Due to non functioning of public information officers and 1st appellate authority the government is spending   cores of rupees on the salaries and perks , privileges on the  information commissioners .  The govt. is paying more salary for less work to the  information commissioners and this is a not a good practice and govt must utilize the public money judiciously and utilize the services of information commissioners cost effectively to less burden on state exchequer and burden on tax payer and common man. The Janaspandana which is a nodal agency to implement the RTI Act in the state become redundant and the government is spending more money on Administrative training institute which is also failed due to training by retired officers of the same department and other retried govt servants who are teaching how to evade and conceal the information .
              Presently The information commission is not issuing any direction to strengthen the 1st appellate authority level to reduce the burden on the commission and not bringing awareness about RTI act among the common man and the govt. servants to bring transparency and good governance in the state and to build strong nation. To curb corruption at all levels by disclosing all the civil works and other works carried out by the govt. beneficiary scheme under various welfare scheme to poor and middle class people  to reduce the misuse of welfare schemes etc.
                 Presently the information commissioners are not functioning as per the provisions of the RTI ACT 2005  to bring the good governance and transparency in  the state govt. departments to build confidence among the citizens .  Janaspandan which is a body responsible to implement the RTI Act 2005 becoming redundant in training the govt officials how to implement the act in their departments  and fail to  put pressure on govt departments to appoint more and more public information officers and  1st appellate authorities to  dispose the RTI Applications expeditiously with lesser cost and saving the public money  instead of spending more and more  money on information commissioners salaries perks , Medical benefits etc.
              The existing   information commissioners are working for  2 to 3 hours only on each day  between 11 am to 1-30 PM  and drawing full salary , Luxury car  and exclusive staff , exclusive chamber with all facilities  such as telephone , Xerox , fax computer systems etc . Practically  one information commissioner can hear minimum 50 cases per day , 6  information commissioners can hear  300 Cases per day and  monthly  average 7500 cases  can be heard and disposed by issuing strict directions to the public information officers to furnish the information to the citizens within time  and the present information commissioners can hear  approximately around  70,000 cases per year  But presently that is not happening in our state and no one is bothered also. and karnataka information commission is not having such pendency . I had filed an RTI Application seeking pendency of cases but they are disclosing the same and there is not much pendency before the commission . Recently  I met the Chief information commissioner of Karnataka and explained the same and requested to all the information commissioners to direct  work for full time and for whole day , But he replied that he is expecting appointment of new information commissioner to hear the cases. Actually there is no such pendency of cases in Karnataka information commission .
             The present information commissioners are working like part time appointment at the cost of public money and information commission  is became a rehabilitation center  for retired bureaucrats and political supporters , party workers . Due to such appointments made by the government the  main object and purpose of  RTI Act 2005 is not achieved and defeated . 
              If we come to analyze how  the present  information commissioners are functioning  there is no hard and fast rule , law or procedure adopted by them uniformly by all the information commissioners ,Each information commissioner is having his  own style of functioning in hearing of the cases and providing the justice to their  job as a information commissioner . One of the  information commissioner starts hearing at 11AM and other information commissioner starts at 12AM  and one of the information commissioner is taking   half an hour break after one hour hearing of cases  and every case is heard on several adjournments.
                   RTI Act 2005 is a common man law and is very simple and powerful tool to eradicate corruption to bring good governance in the state . The act is very simple with few sections and which helps the citizens rights to know what is happening in the state and how the govt. is functioning and how the govt funds are utilized  and how the quality of civil works and other works are  carried out and how the welfare schemes are benefited to the common man.
                As per RTI Act the applicant is not necessary to appear before the commission for  hearing of their cases .   The commission has to conduct the hearing in a fair manner and impartial enquiry must be  made whether the information sought is furnished  or not and whether the information  furnished well within the time   and pass suitable orders and directions  to the public information officers  to furnish the information sought by the applicant  and if there is any delay or false , incomplete information is provided , in case the application is rejected   the information sought is dodged , the information the commission can impose penalty of Rs.250/-per day and a maximum of Rs.25,000/- under section 20(1) of the act . The penalty amount imposed will be deposited to govt. account and become revenue  to the govt. and which will teach a lesson to the public information officer who is default in furnishing the information and he will be careful in future since the penalty amount imposed is to be paid from his pocket or deducted from his salary.
                Generally In most of the cases the present information commissioners are not invoking the section 20(1) of the act on public information officers who are failing to comply the direction of the commission and for failing to furnish the information within time . If the RTI Applicant insists and pressurize for imposing  penalty on Public information officers and then after the  repeated requests  nominal penalty is imposed on erring public information officers . The recovery of the penalty is to be followed up by the RTI Applicants only  . Most of the public information officers will not pay the penalty imposed on them . The government must formulate a   system to deduct the penalty amount from salary through HRMS System . The  some of public information officers are approaching  the courts by challenging the orders of the commission without following the direction of the commission and without furnishing the information within time and increasing the work load on High court.  The commission is made a party in the proceedings in the High court , Panel advocate is not taking much interest to protect the orders of the commission and most of the time the orders of the commission are not allowed due to a common man cannot engage a advocate to represent his case by paying fee for simple information .  The  recovery of penalty is also one of the challenge to the commission  due to frequent transfer of officials and retirement of officials especially  in departments like BBMP , Police , BDA  , KPSC ,revenue departments etc and some of the penalty imposed cases run for years together to recover the penalty and lot of time is wasted on recovery of penalty the commission has not made standard procedure in consulting the govt. to recover the penalty , The penalty imposed cases must be heard quickly and the amount must be credited to the government account .  
               If the RTI Applicant does not appear before the commission for  hearing of his case In most of the times the cases will closed stating that information sought is furnished as per the submissions made by the public information officers without verifying the facts such as what information furnished  , How many pages of information furnished and mode of furnishing information and documentary proof of  postal receipts and acknowledgements  .
               In most of the cases the public information commissioners are not appearing before the commission for hearing of cases  inspite of summons and notices issued by the commission to appear on specific date .  For example  departments like revenue departments of Bangalore urban and rural , BBMP , BDA , BWSSB , Police Dept.  secretarial department in MS building ZP Bangalore urban and rural .  The public information commissioners are taking the commission notice  very lightly and without any responsibility and accountability ,  the Information commissioners  PA  will make  a telephone call and calling them to appear  for hearing of their case and requesting them  to appear before the commission etc and the information commissioners will wait for the public information officers arrival and the RTI applicants has to wait hours together for their  arrival  and the Public information officers will  escape from the responsibility of furnishing information by giving various excuses . 
          If the RTI Applicant  fails to appear before the commission for hearing or came late for hearing of the case . The cases will be closed without any information and applicant has  to go with empty hand if the applicant questions  or requests  with the  information commissioners they answers to challenge their orders in High court by filing Writ petition , For hearing of cases  the public information officers  are deputing   steno , SDC  , typist , case workers to attend  the case and senior officials will rescue to appear before the commission , The deputed staff will try to hush up the case by  making submission that the information sought is not available , voluminous , very old record , file not found , file misplaced  and claiming some irrelevant exemptions by quoting other commission decisions  and get the excuse and see that information sought is not provided to avoid transparency and good governance in the state Especially KPSC  is number one organization where we cannot get any information.
            One of the most worst practice in the information commission is  some of the information commissioners are  meeting the Public information officers  at their chambers  before and after hearing of the cases and they are discussing about the cases posted before them and they are training the public information officers how to evade and conceal the information sought by the citizens . Most of the information commissioners are retired bureaucrats and they are having link and friendship  with the  officials of earlier departments where they have worked  and known each other very well and they will take advantage of the same and  the information commissioners are taking lenient way on them  due to friendship or  known to  their higher officers , relationship ,caste ,native place and native district and other facts are taken into consideration  while hearing of the cases depending on the seriousness of information sought by the rti applicants pertaining to corruption , mal-administration  misuse of power by public servants  and some of the information commissioners  are from political circle back ground they will help their party members and the officials who known to them earlier.  
            The government is  given an advertisement calling for applications for the posts of information commissioners . But my humble  request to the chief minister of Karnataka as a responsible citizen of the state  not to appoint any new information commissioners in the public interest to save the public money which may run into several crores and which is a tax payer’s money .  I am requesting the government to utilize  the services of Existing  information commissioners service in fulltime and   properly and efficiently and to request them and insist them to hear more number of cases every day minimum 50 cases per information commissioner and work for whole day and the pendency will reduce within short time .  
              The style of functioning of existing information commissioners can be  examined by calling suggestions from RTI users and activists   and problems faced by the common man and suggestions from citizens to improve the performance of existing information commissioners .
         Before making any fresh appointments  the govt must examine the infrastructure available presently ,  the commission is working at two places three information commissioners works at MS Building Gate -2  and three information commissioners functions at rented building with high rent  and situated away from MS Building and there is no  permanent staff and the  staff is appointed on out -sourcing  basis and there is no accountability on the staff .The government has not taken any steps to appoint permanent staff even after lapse of  7 years of act came into existence.
            If the government insists the existing information commissioners to  function  on full time basis between 10-30 am to 5-30 pm there will be no  pendency of cases  in the commission and also reduce the financial burden on the state exchequer and which is a public money and tax payers money .  Presently the commission is having a pendency of few thousand of cases only and there is no necessity to appoint any new information commissioner in the commission .  The citizens  who are coming  to the  information commission are becoming frustrated and not ready to come again  to the commission because they are not getting any information within time and quickly and the citizens have to wait several years and to attend several hearings by spending their hard earned money , more and more time is granted by the information commissioners to the public information officers . The public information officers  are not worried because all the expenses will be borne by the govt.
             The existing  5 information commissioners are still having more than two  and half years tenure of service and they can hear the cases expeditiously to reduce the pendency , An information commissioner can hear  average 50 cases per day and 1200 cases per month and 15,000 cases per year . Existing five information commissioners can hear approximately 70000 cases per year and if they use this formula within 3 months there will be no pendency in the Karnataka information commission.  
                If the govt. appoint more and more information  commissioners and there will be same situation and it is a waste of public money and hence the govt. must drop the proposal to save the public money instead of that the government can strengthen by training the public information officers at grass root level and issuing stringent directions to the 1st appellate authorities to hear and  dispose the RTI Applications expeditiously without any extra cost . 
                One of  the Public interest Litigation    is pending before the Hon'ble high court of Karnataka  pertaining to appointment existing five  information commissioners  appointed during  earlier BJP Government  which was   challenged by one Sri.Umapathi in WP 40784/2012 is pending before Hon’ble High court  of Karnataka and  the notice was issued to the government and to the information commissioners . The said petitioner  has made all the 5 information commissioners and Govt. as parties  and the matter is pending before the Hon’ble Chief justice Court. and govt. must examine this issue before making any new appointments.
               Andra pradesh High court has set aside the appointment of  four information commissioners made recently due to various reasons. The govt. must examine all the complaints received from the citizens and RTI users  against the existing information commissioners and the complaints forwarded by the Janaspandana ,  the complaints forwarded by Governors office and  President of India office pertaining to conduct of functioning of existing information commissioners and competency of existing information commissioners before making any new appointments and while appointing the Bureaucrats the government must follow cooling period followed by the central and state governments/  Immediately retired and retiring soon Bureaucrats shall  not be appointed as information commissioners because they may became hurdle to furnish the information where they worked earlier pertaining to important files.
 
                Some of the suggestions to save the govt. money which is a public money and tax payer money by improving the performance of exiting information commissioners and by without appointing any new additional information commissioners for the time being : 
 
1). All the Existing information commissioners shall report to the  commission  at 10-00 Am and   to start hearing of the cases at 10-30 AM
2). Morning session from 10-30 AM to 1-30 PM  minimum 25 New cases to be heard daily 
3). After noon session from 2-30PM to 5-00 PM  minimum 25  part heard cases must be  heard daily
 
4). All the information commissioners shall  present daily in the commission during office hours  between 10-30 am to 5-30 Pm even on Saturday.
                                                               
5). Before and after the  hearing of the cases the information commissioners shall not meet any  Public information officers , government servants  in their office chambers and it must be  totally banned.
 
6). During the hearing of the cases the  commissioners shall  provide an opportunity to the RTI  Applicants to argue their cases and they must respect the RTI applicants and treat them  with human dignity.
 
7). The information commissioners should  insist all the public information officers or their representatives with authorization letter  must present well in time for hearing of  the cases  before the commission and habit of calling and requesting  the public information officers by  commission   through telephone must be banned and shall not   wait for the arrival of public information officers who are coming late and whenever they want. The commissioners  shall  not insist  the rti applicants to wait till the public information officer arrives  to the    commission for hearing of the cases. 
8). The Information commissioners shall  insist the public information officers must come to the  commission with relevant complete  files pertaining to the information sought by the RTI Applicants and allowed to inspect the files if the applicant wishes to inspect in presence of Information commissioner . 
9). The commission shall  comply the provisions of section 4(1) a  & b of the act to encourage  the other departments to follow the same.
10). The commission web site shall  be updated and furnished all the relevant information , Penalty imposed details , Procedure adopted while alloteing th cases to information commissioners , details of monthly receitp and disposal and  pending cases before the High courts pertaining to penalty imposes cases and List of  pending  cases before the commission.
11). The commission has appointed Law officer and advocate , But the Commission advocate is not defending the penalty cases in right spirit and fails to bring entire file during the hearings.
12). True and impartial hearing of cases shall  be followed by all the information commissioners  In the interest of justice and equity .
13). The administration of the commission shall  be improved by deploying the required  permanent staff  and infrastructure.
14). The commission is functioning in a private rented building by paying more rent and the same must be shifted to MS Building to facilitate the RTI Applicants
15). The information commissioners shall  invoke section 20(1) on the public information officers who are failing to furnish the information as per the provisions of the act.
16). The Information commissioners shall  issue strict directions to 1st appellate authorities to hear the 1st appeals and to furnish the information at 1st appellate authority level itself. 
17). The record maintenance  and record management  system in the Karnataka information commissions shall  be improved
18). Getting information from Information commission is a big challenge to the citizens   and hence suitable training must be provide to the Public information officer and the 1st appellate authority of the  information commission to furnish the information sought within time.
19). Providing training by the Government to the Public information officers and 1st appellate authorities  to implement  RTI  Act in their departments with  right  and positive spirit to  bring transparency and good governance in the state
20).  Strengthening 1st appellate authorities by insisting to comply the  Supreme  court order to  hear the 1st appeals  regularly and to issue necessary directions to public information officers to furnish the information within the time limits to reduce the burden of filing more and more  2nd appeals before the commission.
21). All the commissioners must voluntarily disclose Asset and liability particulars on Commission web site voluntarily.
22). The Government must initiate departmental enquiry against the 1st appellate authority officials  who are failing the comply the provisions of the act to failing to  issue necessary directions  to the information commissioners to furnish the information sought by hearing  the 1st  appeals within time by giving priority to RTI Act and to reduce the piling up of   2nd appeal before the information commission .
  
Thanking you
 
 
 Yours faithfully
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    Indranil Bhattacharya | 28 Oct 17:34 2013
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    [HumJanenge] Good labour lawyer/service lawyer in Mumbai Pune area ? ( apart from Adv Mihir Desai)

    Dear all
    I am looking for a good labour lawyer in Mumbai-Pune area to fight unfair victimization and abuse at workplace, as a whistleblower. I have tried to fight internally but brotherhood of Babus are stonewalling all attempts.
    So only option is to seek judicial intervention.Sorry for using the forum as poster board.Hope I will be forgiven.
    thanks
    rgds

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    Indranil Bhattacharya | 25 Oct 15:40 2013
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    [HumJanenge] Fwd: The law is in death throes?



    ---------- Forwarded message ----------
    From: Indranil Bhattacharya <indroeb <at> yahoo.co.in>
    Date: 25 October 2013 18:51
    Subject: The law is in death throes?
    To: "HumJanenge <at> yahoogroups.co.in" <HumJanenge-hHKSG33TihhqA26CCmlJIf8+0UxHXcjY@public.gmane.org>


    Dear esteemed colleagues and friends
    Copy-pasted below is the monthly progress report of CIC/IC Mrs Deepak Sandhu.It looks like she is overburdened. What can we do to see that the huge pendency is mitigated or should we request her to resign or hand over a part of the charge to other ICs ? If this the rate of disposal one can say that the our valued Act has is in its death throes.
    Pl also go through some of the cases 'admitted' and 'disposed' by clicking on the link.
     
     
    rgds
    I. Bhattacharya
     
     
    Year Month Opening Balance Admitted Disposed Closing Balance
    2013 January 3077 731 205 3603
    2013 February 3603 387 238 3752
    2013 March 3752 525 256 4021
    2013 April 4021 830 273 4578
    2013 May 4578 796 255 5119
    2013 June 5119 791 238 5672
    2013 July 5672 748 424 5996
    2013 August 5996 322 437 5881
    2013 September 5881 507 405 5983
    2013 October 5983 490 76 6397



    --

    Indranil Bhattacharya
    Professor
    Screen Studies and Research
    Film&Television Institute of India
    Law College Road
    Pune-411004
    tel : +91-20-5431817/25433016 / 25430017 Ext : 273
    email : prof.ftii <at> gmail.com











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    Gmane