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Wednesday, July 30, 2014

Six points that make public servant accountable under RTI


Accountability is important because it holds each and everyone accountable for his or her actions.  We normally see in government offices that nobody is willing to accept responsibility or blame for something he or she has done. They always pass responsibility on others shoulders.


 Increasingly people in India are demanding that policy makers and government employees be held accountable for what ever they have done. Information is power and right to information (RTI) brings accountability and transparency in administration.


RTI should not be used as a means of exploitation but as a tool to bring transparency and Accountability for good governance. If used carefully RTI Act could go a long way in empowering people to have access to vital information,

To find out who is accountable for some work you have to ask following information under RTI, Which holds concern official or employee accountable for whatever he/ she has done or not done .
.
1.       Daily progress made on my application/ complaint so far. I.e. when my application/complaint did reach which officer, for how long did it stay with that officer and what was the action taken by her/him

2.       Names and designations of the officials/employees who were supposed to take action on my application/ complaint and the officer who was supposed to take the final decision in the matter

3.       Copies of documents related to my application / complaint with all the file noting’s thereon

4.       Furnish me the time limit prescribed for disposal of applications/complaint of this type, as per rules or citizens' charter of your department?

5.       Copies of action initiated against official and/or employees for delaying action in the matter beyond the prescribed time limit as per your rules or citizens' charter. (And if in Maharashtra you can also ask what action has been taken on concerned employee for not following "delay in discharge of official duties act”)

 6. The number of similar applications received within seven days from the receipt   of my application / complaint and their respective status.

These six simple points will fix responsibility of concerned official or employee who was supposed to deal with your case.


माहिती अधिकारांतर्गत शासकीय सेवकांचे उत्तरदायित्व निश्चित करू शकणारे सहा मुद्दे

कोणत्याही शासकीय कार्यालयातील सेवक सर्वात जास्त काळजी घेतात ती कोणत्याही प्रकरणाची जबाबदारी आपल्या अंगावर शेकू नये याची. खालील सहा मुद्दे कोणत्याही प्रकरणातील जबाबदारी निश्चित करण्यास उपयोगी ठरू शकतात . आपल्या कामासंदर्भात माहिती अधिकारांतर्गत खालील माहिती विचारून तर पहा.

1)         माझा अर्ज / तक्रार किंवा नस्ती (फाईल) आपल्या विभागाकडे पोहोचल्यानंतर त्यासंदर्भातील दैनंदिन प्रगतीचा अहवाल. उदा. माझा अर्ज / तक्रार किंवा नस्ती आपल्या विभागातील ज्या ज्या अधिकार्यांकडे किंवा कर्मचार्याकडे पोहोचला त्यांनी त्यावर केलेल्या प्रकि‘येची माहिती .

2)         आपल्या विभागाच्या नियमाप्रमाणे अशा अर्जावर/ तक्रारीवर किंवा नस्तीवर निर्णय घेण्यासाठी लागणा-या कालावधीची माहिती.

3)         माझा अर्ज / तक्रा किंवा नस्तीवर निर्णय घेण्याची जबाबदारी  ज्यांच्यावर होती  त्यांची नावे हुद्द्याचा तपशील .

4)         माझा अर्ज / तक्रार किंवा नस्तीवर निर्णय घेण्याची अंतिम जबाबदारी ज्या अधिकार्यांची होती त्याचे नाव हुद्दा याचा तपशील.

5)         माझा अर्ज / तक्रा किंवा नस्तीच्या आतापर्यंतच्या प्रवासातील सर्व कागदपत्रांच्या त्यावरील फाइल नोटिंगसह प्रति.

6)         माझा अर्ज / तक्रा किंवा नस्तीसंदर्भात योग्य वेळेत निर्णय न घेतल्याबाबत आपल्या विभागाच्या नियमाप्रमाणे संबधितांवर करण्यात आलेल्या कारवाईची तपशीलवार माहिती व संबंधित कागदपत्रांच्या प्रति मला देण्यात याव्यात.( महाराष्ट्राच्या बाबतीत महाराष्ट्र शासकीय कर्मचार्यांच्या बदलाचे विनियमन आणि शासकीय कर्तव्ये पार पाडताना होणार्या विलंबास प्रतिबंध (सुधारणा) अधिनियम, 2007 अन्वये केलेल्या कारवाईची माहितीही मागता येउ शकेल )
7)         माझा अर्ज / तक्रा किंवा नस्तीसारखी जी प्रकरणे माझ्या प्रकरणाच्या सात दिवस (आपण कितीही दिवस लिहू शकता) आधी आणि नंतर आपल्याकडे आली त्यावर घेन्यात आलेया अंतिम निर्णयाची तपशीलवार माहिती.

ठळक केलेल्या शद्बांपैकी नको असलेले शब्द ख़ोडावेत, ज्या अर्जाबद्दल किंवा तक्रारीबाबत माहिती मागावयाची आहे त्याची प्रत जोडावी तसेच ज्या नस्ती (फाईल ) किंवा विषयाबद्दल वरील माहिती मागावयाची आहे त्याचा स्पष्ट उ‘ल्लेख असावा.



Friday, May 23, 2014

ACB again uploads details of the culprits against whom permission for open inquiry has been asked for

After lot of hue and cry over hiding details of the culprits against whom permission for open inquiry has been asked for ,  Anti Corruption Bureau (ACB) of Maharashtra has once again uploaded said details  on its website.

After receiving complaints against any public servant for alleged corruption, benami properties, misappropriation of funds etc., ACB first conducts discreet inquiry and if found complaint is true then it goes for open inquiry .For open inquiry ACB has to seek government’s permission. However as the persons involved in such case are always high profile bureaucrats and ministers, government is always reluctant to give such permission. If we look at the list of ministries involved from whom ACB has sought permission, one can easily say that entire ministry of Maharashtra is involved in it. It was alleged that, that’s why ACB had taken lenient stand on disclosing Identities of culprits.


ACB  on its website regularly uploads,  Daily Crime Report & Misconduct cases registered by it, information related to cases pending for permission of Open Enquiry with Govt, information on cases pending for trial in various Special Courts in Maharashtra, Cases decided by various Special Court in Maharashtra etc. However when in last week some news papers reported the matter and status of permission of open inquiry, Initially ACB removed list of persons against whom it had asked for permission of open Inquiry. After inquiry from media persons and others ACB once again uploaded the list but without designations and clear names of culprits, so that their identity should not be revealed easily. When this act of ACB was criticized by all factors of the society it has now once again uploaded the detailed list on its website. You can see the list here.

http://www.loksatta.com/pune-news/bribery-anti-corruption-bureau-pressure-code-word-546646/



Wednesday, May 21, 2014

As entire ministry of Maharashtra involved in corruption, ACB takes lenient stand on disclosing Identities of culprits

It seems that after finding entire ministry of Maharashtra involved in corruption Anti Corruption Bureau (ACB) has taken lenient stand on disclosing Identities of culprits. Initially ACB removed list of persons against whom it had asked for permission of open Inquiry. After inquiry from media persons ACB once again uploaded the list but without designations and clear names of culprits, so that their identity should not be revealed easily.


There are several cases pending in mantralay of Maharashtra in which ACB has sought permission for open inquiry. After receiving complaints against any public servant for alleged corruption, benami properties, misappropriation of funds etc., ACB first conducts discreet inquiry and if found complaint is true then it goes for open inquiry and for open inquiry it has to seek government’s permission. However as the persons involved in such case are always high profile bureaucrats and ministers government always reluctant to give such permission. ACB is waiting for permission in several such cases .

If we look at the list of ministries involved from whom ACB has sought permission, one can easily say that entire ministry of Maharashtra is involved in it. It seems that’s why ACB has taken lenient stand on disclosing Identities of culprits. Initially ACB removed list of persons against whom it had asked for permission of open Inquiry. After inquiry from media persons ACB once again uploaded the list but without designations and clear names of culprits, so that their identity should not be revealed easily. This list is available here. And the earlier list is reproduced below. What does it show?

As per rules after complaint is received ACB has to complete entire inquiry in six months, however as the persons involved in such cases are always high profile bureaucrats and ministers government is always reluctant to give such permission. In other words it can be said that that government doesn’t give such permission because it has tacit consent to such acts ,  hence request for permission of inquiry remains ending months together or denied , and culprits pretend as if nothing had happened.







Tuesday, May 20, 2014

Government and Information Commission of Maharashtra misrepresented the facts

Literary geniuses (LG) of Maharashtra mantralay have recently issued a circular about compliance of section 4 of The RTI act. These LG’s are expert in avoiding any issue that is embarrassing to the Government. That means in case of any serous agitation, Fast, rally or media news about anything they promptly issue a well drafted circular to calm the issue temporarily.

In a circular issued On  9th of this month government has mentioned that , The central RTI act came in to force on 12th October 2005 It was necessary for all the public authorities to comply and update information on 17 points in section 4 (1) (b) of this act 120 days before it was introduced. Government has repeatedly issued many orders to public authorities in this matter, however it is observed that many public authorities  have still not complied with section 4 of RTI act, hence again following orders is being issued.                                                                                                                 

The public authorities (PA) that  have not prepared information on 17 points of section 4 (1) (b) of RTI act and published it on website, PA’s that have not appointed CPIO’s ,  PIO’s  and AA’s put their names on board are directed to this on priority. All the administrative departments to follow up of this matter with the PA’s under their control, all the PA’s should update their website. All the PA’s should send compliance report to their concerned departments as per directions in this circular.

There is nothing new in this circular, such types of of circulars are so innocent that whether complied or not it makes no difference. In fact one can say that there is always hidden direction in such circular that they should not be complied with.

Now see this, Social activists and information commission time and again keep complaining to the government about non compliance of RTI act. In first quarter of RTI act noted social activist Anna Hazare met chief minister (CM)  of Maharashtra on this issue .Obviously it is always necessary for CM to show displeasure after Anna’s complaint  on any issue, accordingly CM expressed his ‘serious displeasure” on non compliance of RTI act. Promptly literary genius of mantralay on 5th may 2008 through a fresh circular communicated CM’s “ serious displeasure “ to all the public authorities and asked them about compliance of RTI act. There after nothing happened.

There after something happened and on 24 July 2009 present State information commissioner and then principle secretary to the government on Maharashtra Mrs.T.M. Thekkekara issued a fresh circular on same issue. However this time circular was bit tough (?) one. This time there was threat of mentioning non compliance in Confidential Reports of officers if direction were not complied before 31 august 2009. As usual nobody nobody took cognizance of this circular also.

Interestingly during period of Mrs. Thekkekaras’s and earlier circulars, all the information commissioners who are presently working in information commission of Maharashtra were serving on key posts in the government. However nobody bothered about compliance of any circular. As if they knew that their such behaviour will only make them eligible in future for information commissioner’s post. Accordingly same thing happened,. All these people applied for the post of Information commissioners pretending themselves “ person of eminence” and another High Power committee of persons of eminence headed by CM , deputy CM and leader of opposition agreed with and recommended their names and accordingly governor appointed them as Information commissioners.       
Present information commission has several times  has warned of serious action against all the public authorities for non compliance of RTI act, however till today non of them has taken it seriously, because public authorities know that all the present commissioners were their former bosses and equally responsible for  non compliance of the act, hence they didn’t take cognisance of any warning.


Through 9th may circular  government has confessed that even in ninth year of RTI act  many public authorities have not complied with section 4, have not appointed CPIO, PIO and AA’s , even then since last many year government claims that 95% of the applicants get the desired information. Information commission is echoing the same thing. However in absence of adequate CPIO’s, PIO’s and AA’s how it is possible that 95% applicants got the information? .That means government and commission both misrepresented the facts and hence they have to clarify on it or apologize to the citizens of Maharashtra.

Sunday, April 27, 2014

How did Public authority send a document to late RTI activist Vilas Baravkar via facility that was already withdrawn ?


Few days back RTI activist Vilas Baravkar committed suicide. He had left a suicide note naming some politicians and Bureaucrats. After this incident on 26/03/2014 state information Commission, Pune bench had ordered District collector, Pune police , Inspector general of Police and zilla Parishad to place all the information Shree. Barawakr had asked on their websites.Only pune collector has followed SIC orders and put some information on its website. However this information is incomplete and vague. In such cases every Public authority is supposed to put all the information including deceased activist’s applications, appeals, information provided to him and all the related correspondence on website. ( off course subject to other sections of RTI act).However it is not done so.

At this stage I don’t want to blame anybody, However one document in this information reflects that at the end of March 2011 concerned office had sent it to shree Baravkar by Under certificate of posting ( U.C.P Or popularly known as U.P.C). Most important thing is on 31 January 2011 Department of posts and telegraphs had withdrawn this facility, then how come that office sent said document to Baravkar by U.P.C ?. It is serious .Hence I request both of you to conduct thorough inquiry in this matter and see that all the information Mr . Baravkar had asked made public. Under section 18 of RTI act you have ample powers for summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things, requiring the discovery and inspection of documents, receiving evidence on affidavit, requisitioning any public record or copies thereof from any court or office, issuing summons for examination of witnesses or documents etc..  As well most of the information  Baravkar had asked falls under section 4 of the RTI act, hence please make sure that the officers who didn't comply section 4 get penalized.

काही दिवसांपूर्वी माहिती अधिकारी कार्यकर्ते विलास बारावकर यांनी आत्महत्या केली होती. आत्महत्ये पूर्वी त्यांनी स्टॉम्पपेपर वर सुसाईड नोट लिहून ठेवली होती.याप्रकरणी राज्य माहिती आयुक्त पुणे खंडपिठ यांनी २७/३/२०१४ रोजी जिल्हाधिकारी,पुणे पोलिस , जिल्हा परिषद, रायगड पोलिस यांना पत्र पाठवून विलास बारावकर यांनी मागीतलेली सर्व माहिती संकेतस्थळावर ठेवण्याचे आदेश संबधितांना दिले होते. पैकी जिल्हाधिकारी पुणे यांनी काही माहिती संकेतस्थळावर ठेवली आहे मात्र ती खूपच अपूरी आणि अस्पष्ट आहे. सर्व माहिती म्हणजे बारावकर यांनी केलेले सर्व अर्ज ,त्यांना देण्यात आलेली माहिती व संबधित सर्व पत्रव्यवहार संकेतस्थळावर ठेवायला हवा. परंतू तसे करण्यात आलेले नाही.

त्याचप्रमाणे एका ठिकाणी बारावकर यांना मार्च २०११ च्या अखेरीस By U.P.C अंडर पोस्टल सर्टिफिकेट द्वारे माहिती पाठविल्याचा उल्लेख आहे मात्र डाक विभागाने ३१ जानेवारी २०११ रोजी एका विशेष अध्यादेशाद्वारे ही सुविधा बंद केली होती. आत्ता या टप्यावर मला कोणावरही कोणतेही आरोप करायचे नाहीत . मात्र हा प्रकार गंभीर आहे .म्हणूनच आपण या प्रकरणाची स्वत:च्या स्तरावर आणि सत्वर चौकशी करून या प्रकरणातील सर्व माहिती संकेतस्थळावर ठेवली जाईल असे पहावे . या संदर्भात आवश्यकता पडल्यास संबधित यंत्रणांकडून सर्व दफ्तर मागविण्याचा अधिकार माहिती अधिकार अधिनियमानुसार आपणास आहेत. त्याचा वापर करावा हि विनंती.त्याचप्रमाणे बारावकरांनी मागीतलेली बहुतांश माहिती ही माहिती अधिकार अधिनियमातील कलम ४ नुसार संबधिअत प्राधिकरणांनी स्वयंप्रेरणेने प्रकट करावयाची माहिती आहे.त्यामूळे सदर प्रकारची सर्व माहिती संकेतस्थळावर १२ ऑक्टोबर २००५ रोजीच ठेवणे कायद्यानुसार बंधन कारक होते. त्याचे पालन न केल्याबद्दलही सर्व संबधितांवर कारवाई करावी हि विनंती.



Sunday, April 20, 2014

Almost 25% voters names deleted from voters list in pune loksabha constituency

Its shocking that  4,23, 952  ( Four lakh twenty three thousand nine hundred and fifty two ) voters names have been deleted in year 2013 and 2014 alone i.e  almost 25% names from the pune loksabha constituencies are deleted and same number has been added in these one and half year only. Election commission says, they had provided the CD’s of deleted persons names to political parties, then why pune’s political parties kept mum on this shocking issue? And is the election a matter of concern only for  political parties and ECI?

Two days back, I had sent a letter to Election commission of India asking them to communicate relevant information to the voters. Election commission has put names of deleted voters from Maharashtra including pune and it’s reasons on website. Though I had requested to put all the forms i.e form 7 , 8 and other forms on website. Commission has only provided facility to search names of deleted persons. Voters can visit https://ceo.maharashtra.gov.in/ and search in  “ Deletion List PDFs    Year [2013]    Year [2014]” or , Search Deletion List.

Pune loksabha constituency, Total number of voters name deleted in 2013 -2014 is  4,23,952 ( four lakh twenty three thousand nine hundred and fifty two)

Total number of voters names deleted in year 2013 was 4,09,840( four lakh nine thousand eight hundred and fourty)

          Toatl Number of voters names deleted in 2014 was 14112 ( Fourteen thousand one hundred and twelwe ) https://ceo.maharashtra.gov.in/Search/SearchDeletedPDF.aspx

Assembly constituency wise Data of pune loksabha  constituency

Sr No
Assembly constituency
2013 deletion list
2014 deletion list
1
208 Vadgaon Sheri
52799
5182
2
209 Shivajinagar
63986
1799
3
210 Kothrud
72375
3419
4
212 Parvati
64719
776
5
214 Pune cantonment
72533
1661
6
215 kasba peth
83428
1275
Total

409840
14112

Monday, March 31, 2014

Is Election Commission Of India really unbiased ?

Many Public authorities in India have adopted online grievance redressal mechanism. Election Commission of India(ECI) is also amongst them. ECI is responsible for administering all the electoral processes in India. It supposed that under the supervision of the commission, free and fair elections are held. However when it comes to redressal of complaints or grievance, I doubt whether ECI is really unbiased or how? .There is reason why I doubt election commissions procedure.

On 4th march 2014 I lodged online complaint with election commission of India. Promptly they sent me acknowledgement. Redressal time given to  my complaint was 10 days. However even after 25 days ECI has not taken any decision on my complaint. If there is no substance in complaint they should have disposed it off with reasons. What is point in keeping the complaint hanging? Why 10 days response time was given to me and what happened to it? I had lodged complaint against Pune Divisional commissioner Prabhakar Deshmukh. He has very strongpolitical backing and can easily manipulate the election procedure.


Sunday, March 30, 2014

Is this same Vijay Dhumal calling me,who gave life threats to noted RTI activist Shivaji Raut ?

Yesterday there was a miss call on my mobile. I normally don’t make return calls unless I confirm the number. When searched I found that the call was from one Vijay Dhumal from pune. It suddenly struck to my mind that this may or may not be thesame vijay dhumal against whom noted RTI activist Shivaji  Raut had complained to chief minister, homeminister and police dept. Vijay Dhumal's number who called Shivaji Raut was 9822275473 . Internet search shows this number is of Vijarao Dhumal  from pune .I am not mentioning the number from which the person made me call because I am not sure whether the person who called me was same who called Shivaji Raut or not .And to avoid further consequences I don’t want to make return call.

I am not scared, panic or I don’t want the police protection, however I am sharing this with readers just for information.

Friday, March 28, 2014

SIC Pune asks to put entire information on website sought by deceased RTI applicant Vilas Baravkar

State information commission, Pune bench has asked concerned departments to publish all the information sought by RTI applicant late Vilas baravkar, who committed suicide day before yesterday. In its letter to suptd of police (rural) Pune, Suptd of police - Riagad, D G police - Mumbai, collector pune and CEO Zillah parishad - pune, SIC pune Mr.Ravindra Jadhav has asked concerned PIO’s to put the entire information sough by baravkar on their website. The SIC has   provided all the departments list of baravkars pending and disposed appeals. SIC has also asked PIO’s to put all the information on website that is already provided to him.


Tuesday, March 25, 2014

Vilas Baravkar an RTI applicant from pune commits suicide

Today an RTI applicant Vilas Dattatray Barawkar from Pune districtcommitted suicide. In his suicide note he has written several names. At this stage it is very difficult to comment anything on this issue, however as most of his applications were regarding functioning of police department. Irrespective of the authenticity of allegations it would not be proper for pune rural police to investigate the matter .Today I brought some of baravakars RTI applications from state Information commission, Pune bench . Perusal of which indicates that some of the information he asked may be vague but most of this information falls under section 4 of RTI act. Have look at his applications











Tuesday, March 11, 2014

What Is logic behind appointments and giving additional charge to SIC's ?

No one can  understand logic behind giving SIC pune bench additional charge to amaravati divisional commissioner Ravindra J Jadhav. It was easy to handle pune bench for brihanmumbai or konkan commissioner,even then they will handle single charge, while ravindra jadhav will handle charge all the way from Amaravati.More over the information regarding this is only in Contact details of SIC, No circular or order regarding this is on SIC website.This not being done for benefit of pune bench.

In last month only pune bench additional charge was given to Aurangabad bench commissioner D.B.Deshpande.He has been now given additional charge of Nagpur bench while it was comparatively easy to handle pune bench for Aurangabad commissioner and Nagpur bench for amaravati commissioner.In the nutshell it is clear that  all this exercise is  being done surely to please some one very High Profile and not for benefit of  Right to Information Act.


Last month the state government had made appointments on three posts of information commissioners in Maharashtra, which were lying vacant for more many months. Ajit Kumar Jain, former Additional Chief Secretary; Ravindra Jadhav, former Secretary of ex-President Pratibha Patil; and Thanksy Thekkekara, former Additional Chief Secretary were appointed as new information commissioners.

The fourth appointment of was of Vasant Patil, superintendent engineer of Tapi Irrigation Development Corporation,but he did not take oath  as the tenure of his current post was  scheduled to end by March. However now the news from corridors of mantralaya is, his resignation has been accepted and any time in next few days he will take oath as a state information commissioner.

Shri Ratnakar Gaikwad
Chief Information Commissioner
State Information Commission
13th Floor, New Administrative Building,
Mantralaya, Mumbai 400032.
022 22856078
-
Shri D.B. Deshpande
State Information Commissioner, Aurangabad
State Information Commission,
Small saving Building,
Behind Treasury Office, Aurangabad.
0240 2352133 / 2352544
-
Shri M.H. Shaha
State Information Commissioner, Pune
Maharashtra Information Commission
New Administration Building, 4th Floor,
Opp. Council Hall, Pune.
020 26050580
-
Shri Ravindra J. Jadhav
State Information Commissioner(Additional Charge), Pune
State Information Commission
New Administration Building, 4th Floor,
Opp. Council Hall, Pune.
020 26050580
-
Smt. T. F. Thekkekara
State Information Commissioner, Konkan
State Information Commission
5th Floor, Konkan Bhavan,
C.B.D. Belapur, Navi Mumbai.
022 27570323/27579463/64
-
Shri Ajitkumar Jain
State Information Commissioner, Greater Mumbai
State Information Commission
Greater Mumbai, 13th Floor,
New Administration Building, Mantralay, Mumbai.
022 222040086 / 22040095
-
Shri Ravindra J. Jadhav
State Information Commissioner, Amravati
State Information Commission
Bhatkuli Tahsil Office, Camp,
Amravati 444602.
0721/2553172 / 0721/2553173
-
Shri P. W. Patil
State Information Commissioner, Nashik
State Information Commission
Shivneri, 2nd Floor, Govt. Guest House,
Behind Golf Club, Nashik.
0253 2232764
-
Shri D.B. Deshpande
State Information Commissioner(Additional Charge), Nagpur
State Information Commission
Administrative Building No.2, Civil Lines,
Nagpur.