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kriya katte | 1 May 2007 05:44
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FinMin, SEBI differ over RTI on stock exchanges

FinMin, SEBI differ over RTI on stock exchanges
Press Trust Of India
New Delhi, April 29, 2007
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=162dfcfe-29bc-4552-9410-eaad9acd09b6&&Headline=FinMin%2c+SEBI+differ+over+RTI+on+stock+exchanges

Market regulator SEBI and Finance Ministry have come up with conflicting opinions over the applicability of Right to Information (RTI) Act on stock exchanges.

The view expressed by Securities and Exchange Board of India before the full bench of Central Information Commission (CIC) that bourses are "public authorities" is contrary to the opinion of Department of Economic Affairs (DEA).

The DEA has been maintaining that stock exchanges are not "public authorities" as defined in the RTI Act because they are regulated by SEBI and not the government.

This has created a peculiar situation for CIC, headed by Chief Information Commissioner Wajahat Habibullah, which is hearing RTI appeals to decide whether stock exchanges can be brought within the purview of the legislation.

The appeals came before CIC after Bombay Stock Exchange, National Stock Exchange and Jaipur Stock Exchange turned down the plea of brokers and investors seeking information about alleged market fraud that caused them losses as well as details about a broker who allegedly played foul.

The RTI applications were filed by an investor K Lall, Rajkumari Agrawal and Yogesh Mehta (ex-member broker), who suffered losses in the market.

NSE opposed the application maitaining that it cannot be treated as a "public authority" as the government did not have any control over its affairs. The bourse, through its counsel, has sought ten days for making detailed submission before CIC.

SEBI, which was represented by its Executive Director Sandeep P Parekh, submitted before the Commission that the government's concurrent control along with the regulator over stock exchanges bring them under the scope of RTI Act.

"As exchanges act as quasi-government bodies, though private, and as the control of the government on its affairs is pervasive, they should be recognised as public authority for the purpose of Right to Information Act," SEBI said.

Though stock exchanges do not receive financial aid from the government, but "pervasive control" of the government over their functioning cannot be denied, it said.

"NSE has been promoted by the government and it continues to own the single largest shareholding in the exchange, though they do not exercise direct control over the management, which is professionally run," the regulator added.


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Jaipuriar,DJ | 1 May 2007 16:45
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Answersheets shown in Imphal under RTI.

http://www.indianexpress.com/story/29082.html
 
 

Print Story

IRB candidate gets to see his answer-sheet

Kartyk Venkatraman

Posted online: Monday, April 23, 2007 at 0000 hrs IST

Imphal, April 22
When Salam Prashanta Singh was told in November that he had failed to clear the written test for joining the India Reserve Battalion (IRB) as a jamadar/sub-inspector, the 24-year-old BSc graduate felt he had to take a look at his answer-sheet to be sure he had been marked accurately. After requests to the DPC Commissioner conducting the exam failed to elicit any response, Singh resorted to the newly introduced Manipur Right to Information Act and applied to joint secretary Th Chittaranjan, the State Public Information Officer (SPIO), Department of Home, on November 30 for the permission to see his answer-sheet.

It took five months (the stipulated period for disclosing information is 45 days) before Singh finally got to see his answer-sheet on Saturday morning at the Manipur Police HQ. This could be possible after an order by State Chief Information Officer Rk Angousana, the appellate authority to whom Singh had taken his complaint in early February, who also took the SPIO to task.

In his decision on April 16—a day before the Delhi High Court upheld the Central Information Commission's order asking the UPSC to disclose candidates' individual scores and cut-off marks of the civil services preliminary exam 2006—the state CIO has said "the spirit of the present Act is that every citizen has the right to know the functioning of the public institution, which helps transparency and accountability of the government.

"In the present case, there are no reasons under the provisions of the Act, for keeping the information sought by the petitioner withheld, therefore the information sought by the complainant should be provided to him and he should have access to it."

The SPIO in his written objection submitted on February 24, had stated that the issue of answer-sheets under the RTI Act should be examined with respect to other authorities like the UPSC. The SPIO also submitted that the matter was under active consideration by the departments of DP and Law, which was struck down by the CIO saying "the Commission is not concerned with such consultation which is the internal matter of the government. Moreover, enough time was available to sort out the matter, so this can be taken as delaying tactics."

The CIO has also asked the SPIO to show cause why he should not be penalised Rs 250 per day after the final decision till the records were made available to the complainant. Singh—presently employed as a medical representative—told The Indian Express after viewing his answer-sheet in the presence of CO, 1 IRB and an examiner, that he was satisfied with the marking.

"After I was declared unsuccessful, I felt I had done well enough to get the pass marks (23 out of 60). I had passed the physical test as well. The examiner pointed out grammatical errors and other mistakes. I'm happy that I could satisfy my doubt through the RTI Act."

 



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kriya katte | 2 May 2007 04:48
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Campus scripts RTI

Campus scripts RTI
 
A STAFF REPORTER

The West Bengal University of Technology (WBUT) is all set to open its doors to students seeking information on answer scripts.

With the Right to Information Bill empowering the students to demand information on answer scripts, officials of the fledgling university and principals of the affiliated colleges discussed the various aspects of the law and its impact on the colleges.

“During the meeting, we discussed some of the issues related to showing answer scripts to the students,” said Ashoke Ranjan Thakur, vice-chancellor, WBUT.

Around 105 colleges, offering a gamut of professional courses, are affiliated to the WBUT. Over 63,000 students are enrolled in these colleges and the authorities expect the number to go up to 75,000 by 2008.

Most of the college principals agreed that in the right to information era, the examination authorities are bound to make answer scripts available on demand.

But the participants also stressed on the need to put in place a mechanism to make the process error-free and less chaotic.

“If a large number of students want to see their answer scripts, it will become chaotic. So, the matter has to be handled properly. We are trying to put in place an appropriate mechanism,” said Thakur.

Though no decision has been taken yet, the WBUT authorities will frame a set of guidelines by the end of this year to make answer scripts available to students.


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acf Anand | 2 May 2007 05:02
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Public servant can tried for corruption at any place: SC

Public servant can tried for corruption at any place: SC

http://www.outlookindia.com/pti_news.asp?id=469681
NEW DELHI, MAY 1 (PTI)

The Supreme Court has held that a public servant booked under the Prevention of Corruption Act (PCA) for accumulating disproportionate assets can be tried at any place where the person has bank accounts with the alleged ill-gotten money.

"What is material therfore, is that the criminal misconduct had been committed during the period he held office and not the places where he had held offices," a bench of Justices S B Sinha and Markandeya Katju have held while dismissing an appeal filed by a customs officer.

The official V K Puri had filed the appeal challenging the jurisdiction of a Special CBI court in Delhi to try the case of disproportionate assets registered against him on the ground that he never worked in Delhi.

He moved the apex court after the Delhi High Court rejected his contention.

However, the Bench interpreting the 1988 PC Act and the Code of Criminal Procedure noted that the accused officer had bank accounts within the jurisdiction of the Delhi courts as also immovable properties from which he also received rents.

According to the apex court, the fact that the official had a part of his known sources of income at Delhi would confer jurisdiction upon the Delhi court to try his offences under the PCA. Hence it dismissed the appeal.

 
Anand S.
Anti Corruption Forum
P.B. No. 8512
Bangalore 560 085
Cell No: +91-92410-12730

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kriya katte | 2 May 2007 11:19
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Money granted to Bar was meant for villages

Money granted to Bar was meant for villages

http://in.news.yahoo.com/070501/48/6f7zz.html
By IE
Wednesday May 2, 04:16 AM

THE huge amounts of money granted to the Punjab and Haryana High Court Bar Council and Association for renovation and beautification of the Bar was actually meant for development of villages and farmers. In its reply to an application filed by a Jalandhar-based resident under the Right to Information Act, the Punjab government said the amount of over Rs 2 crore granted to the Bar by the Congress government in the last four years was diverted from the Rural Development and Panchayat and Small Savings funds.

Former Punjab chief minister Capt Amarinder Singh had granted an amount of Rs 2.15 crore to the Punjab and Haryana High Court Bar and Council within a period of last three years, on three different occasions.

Terming the allocation from the rural development fund as unethical and unconstitutional, Ajmer Singh Lakhowal, chairman, Mandi Board, said: "The money is reserved for farmers and should have been spent on them rather than for repairing furniture and providing air-conditioners."

On the other hand, Ranjit Singh Brahmpura, Minister of Rural Development and Panchayat, justified the payment.

"The money lying in the fund can be spent anywhere as per the discretion of the CM, as he is the person in charge of the fund," he told Newsline.

The Haryana chief minister had also announced a grant of Rs 1 crore to the Bar earlier this year.

It may be mentioned that the Bar renovation work was already put under scanner by the UT Administration, which termed it as a violation of its rules. The issue came up on Monday before the High Court when the senior standing counsel for UT, Advocate Anupam Gupta strongly opposed the demand for free electricity to the Bar. The counsel said the permission for the construction of the new administrative complex close to the library section was never sought. "Nobody except the Chandigarh Administration can build or construct anything in the Punjab and Haryana High Court. For construction or renovation of the same, an approval has to be sought from the Administration, which was never done in this case," Gupta told Newsline.

Senior advocate Anmol Ratan Sidhu, president of the High Court Bar, however, said they have not raised any new structure. "It's just that we have removed the 40-year-old ceiling so that a new ceiling can be provided. The administrative block was not centrally air-conditioned. The issue will be taken up with the Administration shortly," he added.

The projects
On February 12 this year, Rs 1 crore was given to the Bar for taking up its various development projects, which are as follows:
* Total renovation of the cafeteria of the Bar
* Renovation, false ceiling, furniture and central air-conditioning of the library
* Renovation and central air-conditioning of the rooms of senior advocates and newly created ladies' bar rooms
* Construction of the administrative complex
* Beautification of the new main Bar complex by fixing fountains and open space for cafeteria and installing new TVs, electronic display boards
* Furniture in administrative complex, cafeteria
* Shifting of the entire staff of typing, computers and Photostat machines
* Computers and Wi Fi system for entire bar complex


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Dhirendra Krishna | 4 May 2007 07:54
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Fwd: HOW HAS THE STEEL FRAME RUSTED AND CRUMPLED?

--- In rti4ngo@..., "Dhirendra Krishna"
<dhirendrakrishna <at> ...> wrote:

Friends,

I welcome Smt. Jayashree J.N., wife of Shri M.N.Vijaykumar I.A.S as a
member of yahoo group rti4ngo. Please look at following link to see a
live example of how I.A.S. officers and manipulated and humiliated by
frequent transfers: http://fightcorruption.freespaces.com/index.html.

Six transfers in six months of a senior I.A.S officer of Karnataka,
did not serve any public purpose. Nevertheless, frequent transfers are
deliberate tool for harrassing officers to make them tow the line
dictated by their senior. Any one within the system finds it very
inconvenient to raise issues relating to corruption and waste of
public money: raising inconvenient issues result in transfer. RTI Act
enables the citizens to question the rationale of such transfers. Shri
Vijaykumar has set the ball rolling by using RTI to question the
reason for unnecessary transfers. 

Constitution of India provided safeguards to enable Government
servants to do their official duties in fair and impartial manner.
Good officers try their best to ward off undue pressures. The legal
framework for such "steel frame" of bureacracy has been circumvented
to manipulate the official machinery. It is in public interest to
probe into why the steel frame has rusted and crumpled.

I hope that meaningful public debate may exert pressure on the
Government to transfer only according to the well-defined transfer
policy. 

Dhirendra Krishna

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Saurabh Sharma | 5 May 2007 07:26
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Delhi streets on roads to recovery

http://www.gulfnews.com/world/India/10123099.html
Published: 05/05/2007 12:00 AM (UAE)

Delhi streets on road to recovery
By Nilima Pathak, Correspondent

New Delhi: City roads are in a state of disarray. But soon these may be on the road to recovery.

A resolute lot of Indian Institute of Technology (IIT), Delhi, students has filed applications under the Right To Information Act (RIT) to inspect all resurfacing and widening work being undertaken on city roads.

It is seen that immediately after two to three months even prominent roads that are constructed afresh, devel op potholes.

A lot of public money going into infrastructure building ends up being wasted in constructing and reconstructing roads.

Till now 45 RTI applications have been filed asking for inspection of all files related to different roads made by the Public Works Department (PWD), the government agency involved in construction and maintenance of infrastructure in the city.

These include the Ring Road, Outer Ring Road, National Highway-10 and National Highway-24.

"We have taken samples of the material used in constructing these roads. The process of getting the samples tested is on," said Saurabh Sharma, of Josh, a non-funded group working on RTI Act among students from different universities, colleges of Delhi and other states.

Infrastructure showcase

Recently, when groups like Aid, Parivartan and Josh held a meeting at the IIT campus informing students about RTIs Act, several students associated themselves with this movement .

Quick to don their thinking caps, the engineering students decided to first focus on the roads. Says a student, Sumanshu Dwivedi: "Roads are the showcase of infrastructure of a country's development. And in this regard our country gets minus points."

Sharma said: "The major reason for bad roads is the poor quality of mater ial used during the construction. Moreover, all works have a guarantee period of 2 to 5 years.

"But in most cases the roads break much before that time. We need to know why in such cases no action is taken against the contractors. And what are the monitoring mechanisms for such works?"

The students took upon themselves to question the irregularities and inspection of roads made by the PWD. The total budget of the roads covered under RTI till now is around Rs420 billion (Dh35 billion).

Change

After the applications were filed, the students witnessed an amazing change.

"Initially, the concerned officials were not cooperative saying we had no expertise to raise technical questions. But we went prepared along with a retired engineer and caught the officials napping. The officer-in-charge asked us to come after a few days to see the documents," Dwivedi said.

"After checking the documents we reached the site and found work going on in full throttle and within a day one kilometre stretch had been completed. This work had been lying pending for almost a month," he said.


Saurabh Sharma     
9811872752

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sunit madhur | 5 May 2007 12:06
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Re: Delhi streets on roads to recovery

saurabh ji we proud of you and the steps which are taking by josh to promote transparency and accountability in system under your perfect guidence. hope the chapter of success will never end every day will be proove as a milestone in josh's legacy.
 
with love and regards
madhur

Saurabh Sharma <saurabhinvincible-/E1597aS9LQxFYw1CcD5bw@public.gmane.org> wrote:
http://www.gulfnews.com/world/India/10123099.html
Published: 05/05/2007 12:00 AM (UAE)

Delhi streets on road to recovery
By Nilima Pathak, Correspondent

New Delhi: City roads are in a state of disarray. But soon these may be on the road to recovery.

A resolute lot of Indian Institute of Technology (IIT), Delhi, students has filed applications under the Right To Information Act (RIT) to inspect all resurfacing and widening work being undertaken on city roads.

It is seen that immediately after two to three months even prominent roads that are constructed afresh, develop potholes.

A lot of public money going into infrastructure building ends up being wasted in constructing and reconstructing roads.

Till now 45 RTI applications have been filed asking for inspection of all files related to different roads made by the Public Works Department (PWD), the government agency involved in construction and maintenance of infrastructure in the city.

These include the Ring Road, Outer Ring Road, National Highway-10 and National Highway-24.

"We have taken samples of the material used in constructing these roads. The process of getting the samples tested is on," said Saurabh Sharma, of Josh, a non-funded group working on RTI Act among students from different universities, colleges of Delhi and other states.

Infrastructure showcase

Recently, when groups like Aid, Parivartan and Josh held a meeting at the IIT campus informing students about RTIs Act, several students associated themselves with this movement.

Quick to don their thinking caps, the engineering students decided to first focus on the roads. Says a student, Sumanshu Dwivedi: "Roads are the showcase of infrastructure of a country's development. And in this regard our country gets minus points."
Sharma said: "The major reason for bad roads is the poor quality of material used during the construction. Moreover, all works have a guarantee period of 2 to 5 years.

"But in most cases the roads break much before that time. We need to know why in such cases no action is taken against the contractors. And what are the monitoring mechanisms for such works?"

The students took upon themselves to question the irregularities and inspection of roads made by the PWD. The total budget of the roads covered under RTI till now is around Rs420 billion (Dh35 billion).

Change

After the applications were filed, the students witnessed an amazing change.

"Initially, the concerned officials were not cooperative saying we had no expertise to raise technical questions. But we went prepared along with a retired engineer and caught the officials napping. The officer-in-charge asked us to come after a few days to see the documents," Dwivedi said.
"After checking the documents we reached the site and found work going on in full throttle and within a day one kilometre stretch had been completed. This work had been lying pending for almost a month," he said.


Saurabh Sharma     
9811872752
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Jaipuriar,DJ | 11 May 2007 13:58
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seek copies of answer sheets


Dear All
The judgment of CIC on disclosure of  answersheets issuue is unfortunate. In some states, as far as i know- in wb, gujarat, orissa and in some more states, the answersheets are accessible under rti- either by the efforts of sic or by high courts of these states. If any of the members of this group have information and documentary proof of such disclosures of answersheets in these and other states, please inform us as we believe that this wrong order of cic must also be challenged in high court. And for this we need evidences of practices in other states and reasons given by these sics and hcs for disclosing the answersheets. Please join hands to challenge cic in yet another matter of public interest.
 
Thanks and regads!
 
Divya Jyoti Jaipuriar
Public Cause Research Foundation (A Parivartan Initiative)

 
On 11/05/07, Rahul Mangaonkar <mail4rahul-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org > wrote:

Times of India, Ahmedabad
11.05.2007

JAAGO GUJARAT

Students use RTI; seek copies of answer sheets
RAHUL MANGAONKAR

With board exams results round the corner, students and parents are sure to be on the tenterhooks. These results may or may not reflect the effort, intellect or expectations. Whatever the case, it can hardly be disputed that these results would have a direct bearing on the student's future.

Recently, a city school had a talk on Right to Information (RTI), when a query was posed, "Do you have a right to know?" Pat came a unanimous reply, "Yes, we do!" On being asked how come since they can't even vote, one bright girl floored everybody, "Because we are the future of this country! The future hinges purely on the results. So do these children or their parents have a right to copies of their assessed answer sheets?

One of the objectives of RTI is to make government accountable. Therefore, students seeking copies of answer sheets would be simply seeking accountability from a system which decides the child's future. Universities, boards have zealously guarded answer sheets, with the same gusto as the annual confidential reports (ACRs) of babus were guarded by the government. After all, it's about the power to control, and blatantly resist transparency. Is there any difference in importance of answer sheets for students, as is of ACRs for Babu's?

The Central Information Commission (CIC) had earlier denied access to answer sheets claiming 'fiduciary relationship' between examiner and the public authority. CIC then went on to deny access to ACRs stating it would affect 'interpersonal relationship' between officers of the government. Recently, CIC denied disclosure of answer sheets stating that it would result in 'collapse of the entire examination system'.

Reacting to this, dismayed parents flooded the RTI helpline with SOS calls. These parents can breathe easy, as CIC and its decisions have no jurisdiction in Gujarat. Gujarat Information Commission (GIC) has allowed access to ACRs!

If ACRs of powerful babus are no longer confidential, how confidential can answer sheets of school children be? If one goes by CIC's logic, that disclosure of answer sheets would result in 'collapse of the exam system', then by now thanks to RTI, the entire administration of the government should have collapsed. Our experience, thank you very much, has been the contrary, it is resulting in better governance at various levels.

jaago.gujarat-DVMQ0Vekzmh0ubjbjo6WXg@public.gmane.org

.




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www.parivartan.com
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+91 9868002365
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kriya katte | 13 May 2007 05:29
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Cabinet loses cover

Cabinet loses cover

SINGH GYANANT KUMAR

http://www.telegraphindia.com/1070509/asp/nation/story_7753528.asp

New Delhi, May 8: The Supreme Court today put the Centre in an awkward situation by citing the Right to Information Act to justify its desire to peruse a cabinet advisory to the President.

The court wanted access to the communication between President A.P.J. Abdul Kalam and the Union cabinet over a demand for the removal of Naveen Chawla as election commissioner.

The court had earlier sought reports on graver matters such as advice given to the President on central rule. But this is the first time it has cited the information act — a potent weapon that has empowered ordinary people — to be briefed on an unpublicised cabinet decision.

The BJP, now fighting a CD battle with the poll panel, had accused Chawla of bias because of his alleged links with the Congress and petitioned the President for his removal. Kalam had forwarded the plea to the cabinet for advice.

In the court today, additional solicitor-general Gopal Subramaniam initially resisted disclosing the “privileged” communication to the court, but he virtually gave up after the bench pointed out that privilege on such documents could not be claimed after the Right to Information Act.

“What advice was given by cabinet to the President. It is not on record before the court. If the President referred the matter to you, advice has to be given,” the bench, headed by Justice Ashok Bhan, told Subramaniam. “After the RTI Act, I don’t know what privileges you have,” the bench added.

Subramaniam replied: “We have no problem showing it to the court but will not show it to the petitioners.”

The court then asked him to keep the documents ready as it “would like to see them” and posted the matter for tomorrow.

The request was made by the court while hearing arguments on a petition by BJP leader Jaswant Singh seeking “proper” course of action on the petition to the President.

Singh has been contending that the President should have sought the opinion of the chief election commissioner, instead of referring the representation to the cabinet for advice.

Former attorney-general Soli J. Sorabjee, appearing for the petitioner, said the Constitution did not contemplate advice by the cabinet as election commissioners have to be free of control of the executive.

The Centre, however, has been contending that the opinion of the poll panel chief had to be sought only if the executive found the allegations to be “intelligible and cogent”. Chawla had denied the charges levelled in the petition.


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