APPLICATION FOR INFORMATION UNDER RTI ACT 2005
(21 Check-Points on Public Servants of People of
30th November, 2012
From: Ms. Tanuja Bhatnagar
Working Chairperson, Democratic Rights Forum (DRF)
Wenden Avenue, MITRA 111/9-10,
Matunga (West), Mumbai-400019
Email: drf.india@gmail.com Ph. 865 226 3111 / 93 222 46 333.
To: Shri Sunil Pant
Public Information Officer,
Ministry of Civil Aviation,
B Block, Rajiv Gandhi Bhavan
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Sub: |
Submission of IPO addressing to the Accounts Officer and afresh application for Information under RTI Act 2005 in lieu of my application dated 3rd November, 2012 as advised by office of the PIO. |
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Ref: |
Your Letter No. 50/M(45)/2012-C&W (RTI) dated 05.11.2012. |
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Please refer your office letter, under reference, in reply to my application dated 3rd November, 2012 which I had sent for some information on implementation of establishment and disciplinary rules and working of public servants of secretariat as what the monitory benefits they are receiving for what the work they are doing and how the public money is being expensed on functions of the office.
2. You have returned the IPO which was sent with my application for the reason that the Indian Postal Order valued Rs.10/- is invalid as the same is addressed to the Public Information Officer and advised to the undersigned applicant to resend the IPO in favour of “Accounts Officer, Ministry of Civil Aviation”. Therefore, I am resubmitting this application along with afresh IPO addressed to “Accounts Officer, Ministry of Civil Aviation”.
3. In this regard please note that I have sent same application to all the Ministries/Secretariats addressing to the Public Information Officer of the Ministry/Secretariat but only 19 have replied like the reply given by your office whereas most of them have accepted the IPOs which are addressed to “Public Information Officer” and are trying to provide the requisite information. इसे ही कहते हैं, “दिया तले अँधेरा” और “अंधेर नगरी चौपट राजा”, यह है सच्चाई इस देश के गरीब नागरिकों के दुर्भाग्य की.
4. In this context I would like to submit that though as per rule 3 of notification dated 16th September, 2005 issued by Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training), Government of India wherein it is established that the application SHALL BE accompanied by an application fee of rupees ten payable to the Accounts officer of the public authority. This, as per best of my knowledge, is meant that the amount of fees deposited on account of an application submitted under RTI Act 2005 should be deposited to the Accounts Officer of the public authority and these rules have been made for internal arrangements in the administration. However, it is seen that these rules are being misused by the public servants by way of restricting & harassing also wasting time & efforts of the people of India in seeking the information smoothly and the applications are being either treated as invalid or returned under this pretext whereas the people are unnecessarily being forced to go once more to the post office to arrange another IPO and pay another Rs.10/- and the money paid for IPO sent previously goes lost besides the burden of unnecessary postage again and again. In all this malpractice by the public servants the valuable time of the people also goes waste and the purpose of time limit as prescribed in RTI Act 2005 is remains unserved.
5. As per sub-section (1) of section 6, a person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to— (a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority or (b) the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be. The common people will simply go through as what is said in the draft of the act, accordingly they will send the application and fees addressing to the Public Information Officer of the concerned public authority as provided in section 6 (1) of RTI Act 2005. Therefore, refusing to accept the fees in the name of Public Information Officer is not justified and nothing but refusing excess of requisite information under one pretext of the disciplinary notifications issued by the Ministry of Personnel, Public Grievance and Pension (Department of Personnel and Training) which are being issued in regard to maintain an uniformity in internal working of public service organizations. IT IS TO NOTE HERE THAT ANY OF THE PUBLIC SERVANT AUTHORITIES HAVE NO POWERS TO MAKE ANY SUCH RULE BY WHICH THEY CAN RULE OVER THE PEOPLE OF INDIA AS INDIA IS NOW A DEMOCRATIC NATION WHERE THE PEOPLE’S RULE AND THE GOVERNMENT IS SERVANT TO THE PEOPLE.
6. According to your advice I, Ms. Tanuja Bhatnagar, as a citizen of
(i) Computerized copy of internet pages in the form of Diskettes(CD) wherein the information, as prescribed in 21 following items, is updated and also provide web-address on which the same is being updated. In case the requisite information is not being made available on internet, please give the certified zerox copies of the same.
(ii) The information is required year-wise for the period of five years i.e. 2007 to 2011. Please also give information for the half year period of 2012 i.e. from January 2012 to June 2012;
ITEM NO. 1 –
As per sub-section (2) of Section 4 of RTI Act 2005; it shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that public have minimum resort to the use of this Act to obtain information.
The following information is required in this regard:
Please give me certified computerized copy of Internet pages wherein the information as per section 4 of RTI Act 2005 has been published. Please give the information in the form of Diskette (CD). Please also mention the website address at which the information has been published.
ITEM NO. 2 –
As per sub-section (3) of section 4 of RTI Act 2005; for the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public and as per sub-section (4); all material shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the concerned Public Information Officer, available free or at such cost of the medium or the print cost price as may be prescribed. For the purposes of sub-sections (3) and (4), “disseminated” means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.
The following information is required in this regard:
Please give me certified copies of records showing as to where this information has been communicated to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means. Please also mention the website address at which the information has been published.
ITEM NO. 3 –
It has been instructed by the Government that all the public servants of Ministry / Secretariat including staff & secretaries should record their presence / in-out time in Card Punching System / Biometric System regularly. The following information is required in this regard:
(i) Orders / circulars / instructions issued by the government for recording presence / in-out time in Card Punching System / Biometric System by public servants who are posted / working in this Ministry / Secretariat / office.
(ii) Data records of Biometric Attendance Management System (Card Punching Records) of all the public servants. In case the same are not made available / connected on internet, Please give me computerised copy on Diskette (CD).
(iii) Leave records of the public servants who remained absent or on leave and their salary statements showing deduction / recoveries for the days of absent.
(iv) Records of monthly salary showing all allowances and deductions / recoveries, passed to the public servants. Please also give records of any other payments made to the public servants other than monthly salary such as re-imbursement of medical bills, educational fees etc.
(v) Records of deductions in monthly salary of defaulter public servants who reported office late after stipulated office working time and / or left the office before stipulated office working time.
(vi) Records of departmental disciplinary action against defaulter public servants who reported office late after stipulated office working time and / or left the office before stipulated office working time.
ITEM NO. 4 –
Please give me certified copy of circular issued for holidays for the years 2007, 2008, 2009, 2010, 2011 and 2012.
ITEM NO. 5 -
(i) Orders and related file noting issued for work distribution with the names and designation of all public servants.
(ii) Records of correspondence viz. letters and related file noting wherever the justification submitted and approval given by the competent authority for sanction of the posts.
ITEM NO. 6 –
Please give me certified copies of the orders / letters, if the same are not available on Internet, by which the public servants were specially during the period of Parliament sessions;
(i) called in office on holidays. Please also give me certified copies of records of compensatory off, if any, given to public servants in lieu of their presence on holidays.
(ii) detained in office after stipulated normal working time. Please also give me certified copies of records of concessions, if any, given to public servants in lieu of their detention after stipulated normal working time.
(iii) called in office before stipulated normal working time. Please also give me certified copies of records of concessions, if any, given to public servants in lieu of such call in office before stipulated normal working time.
ITEM NO. 7 –
Please give me certified copies of the orders / letters, if the same are not available on Internet, by which the public servants were;
(i) called in office on holidays for any reasons other than the period of parliament sessions. Please also give me certified copies of records of compensatory off, if any, given to public servants in lieu of their presence on holidays.
(ii) detained in office after stipulated normal working time for any reasons other than the period of parliament sessions. Please also give me certified copies of records of concessions, if any, given to public servants in lieu of their detention after stipulated normal working time.
(iii) called in office before stipulated normal working time for any reasons other than the period of parliament sessions. Please also give me certified copies of records of concessions, if any, given to public servants in lieu of such call in office before stipulated normal working time.
(iv) Please give me certified copies of all file notings / documents / record whenever disciplinary action have been initiated against defaulter public servants for misuse of office premises for personal affairs by unauthorised presence (without written and justified orders) in office premises beyond the stipulated working time;
(a) on holidays
(b) after stipulated normal working time
(c) before stipulated normal working time
ITEM NO. 8 –
Please give me certified copies of letters / orders / circulars etc. whenever the public servants were nominated / sent for examination duties / election duties / census duties etc. other than their regular assigned job.
ITEM NO. 9 –
I want to know the rules and present position of implementation of the same regarding tenure of posting at a work place and / or on a post. The following information is required in this regard:
(i) Rules / Orders / circulars / instructions issued by the government and followed by this Ministry/Secretariat/office regarding tenure of posting of public servants at a work place and / or on the same post.
(ii) Orders and related file noting by which the public servants are posted in this Ministry/Secretariat/office.
(iii) Orders and related file noting by which the public servants have been transferred out of this Ministry/Secretariat/office.
(iv) List of public servants who are continuing on the same post and / or at same place even after the period of their tenure is over. Please also give the copies of orders / letters / file noting / correspondence made for their detention, if any.
(v) List of public servants who are transferred from a post and / or from a place before completion of their tenure. Please give the copies of orders / letters / file noting / correspondence in this regard.
(vi) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 10 –
I want to know the rules and present position of implementation of the same regarding posting of public servants on deputation. The following information is required in this regard:
(i) Rules / Orders / circulars / instructions issued by the government and followed by this Ministry/Secretariat regarding posting of public servants on deputation.
(ii) Orders and related file noting by which the public servants are posted on deputation.
(iii) List of public servants who are continuing on deputation even after the period of their tenure is over. Please also give the copies of orders / letters / file noting / correspondence made for their detention even after their tenure is over, if any.
(iv) List of public servants whose deputation is turned down before completion of their tenure. Please give the copies of orders / letters / file noting / correspondence in this regard.
(v) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 11 –
(i) Order / Rulings / Circulars / letters issued by the Government regarding submission of declaration / information of movable & immovable property own by the public servants, which are being followed in this regard.
(ii) Statements submitted by the public servants of this Ministry / Secretariat / office regarding declaration / information of movable & immovable Property they own.
(iii) List of public servants who have not submitted their statement of declaration of movable & immovable Property they own.
(iv) Records of departmental disciplinary action taken against public servants who have not submitted their statement of declaration of movable & immovable Property they own.
(It is mandatory for every public servant to submit periodical statement of immovable property they own and the same is falls under clause (f) of section 2 of the RTI Act 2005. It is to note that neither such statements which are submitted to the Government’s record are not a third party information nor restricted under the provisions of section 8 of this Act. This information is most important in the aspect of the integrity of the public servants toward service to the people of the nation as to whether their public servants on the responsible and powerful posts own the property within the balance of their earning & expenses or more than their earning from the known sources as in that case the people of this democratic nation can take necessary legal action against the defaulter public servants.)
ITEM NO. 12 -
(i) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria regarding on official duty tours by public servants by AIR / roadways / trains including in
(ii) Statements / documents / records showing details of expenses occurred for ON-DUTY / OFFICIAL traveling performed by public servants by AIR / roadways / trains including in India and abroad.
(iii) Tour Report submitted by public servants who have performed ON-DUTY / OFFICIAL traveling by AIR / roadways / trains including in
(iv) Orders / File notings / correspondence letters made for justification and approval obtained / given for official tours.
(v) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 13 –
(i) List / orders / letters showing status of allotment of vehicles / staff cars provided to public servants for their official / personal use.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of staff car individually to public servants for their official and / or personal use.
(iii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on fuel and maintenance on Government account for official vehicles allotted to public servants individually for their official and / or personal use.
(iv) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for use of lamp on official vehicles allotted to public servants individually for their official and / or personal use.
(v) Driver’s Log Book of each & every vehicles.
(vi) Documents / details showing expenses occurred on fuel and maintenance for each vehicle.
(vii) Documents / details of disposal of scrap vehicles / staff cars provided individually to public servants for their official / personal use.
(viii) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 14 –
(i) List / orders / letters showing status of allotment of official mobile telephones and landline telephone provided individually to public servants for their official / personal use including at their residence, if any.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of official mobile telephones, landline telephone, internet provided individually to public servants for their official and / or personal use including at their residence, if any.
(iii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on Government account for official mobile telephones, landline telephone, internet provided individually to public servants for their individual and / or personal use including at their residence, if any.
(iv) Documents / details showing expenses occurred on official mobile telephones, landline telephone, internet provided individually in each case including at their residence, if any.
(v) Documents / details of disposal of scrap official mobile telephones, landline telephone, internet provided individually in each case including at their residence, if any.
(vi) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 15 –
(i) List / orders / letters showing status of allotment of official Computer / Laptop / i-pod or any other gadgets provided individually to public servants for their official / personal use including at their residence, if any.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of official Computer / Laptop / i-pod or any other gadgets provided individually to public servants for their official / personal use including at their residence, if any.
(iii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on official Computer / Laptop / i-pod or any other gadgets provided individually to public servants for their official / personal use including at their residence, if any.
(iv) Documents / details showing expenses occurred on purchase and maintenance on official Computer / Laptop / i-pod or any other gadgets provided individually to public servants for their official / personal use including at their residence, if any.
(v) Documents / details of disposal of scrap official Computer / Laptop / i-pod or any other gadgets provided individually to public servants for their official / personal use including at their residence, if any.
(vi) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 16 –
(i) List / orders / letters showing status of allotment of official Chambers to allot individually to public servants for their official / personal use.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of official Chambers to allot individually to public servants for their official / personal use.
(iii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on air-conditioners, interior set-up including carpet and furniture for official Chambers allotted individually to public servants for their official / personal use including if such facilities provided on official account at their residence.
(iv) Documents / details showing expenses occurred on purchase and maintenance on air-conditioners & electricity, interior set-up including carpet and furniture for official Chambers allotted individually to public servants for their official / personal use including if such facilities provided on official account at their residence.
(v) Documents / details of disposal of scrap air-conditioners, interior set-up including carpet and furniture of official Chambers allotted individually to public servants for their official / personal use including if such facilities provided on official account at their residence.
(vi) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 17 –
(i) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for expenses on tea, coffee, snacks, lunch, dinner, purchase of crockery etc. during meetings held by public servants.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on tea, coffee, snacks, lunch, dinner, purchase of crockery etc. during meetings held by public servants.
(iii) Documents / details showing expenses occurred on tea, coffee, snacks, lunch, dinner, purchase of crockery etc. during meetings held by public servants.
(iv) Documents / details of disposal of scrap crockery purchased by public servants on account of their official use.
(v) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 18 –
(i) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of stationary for public servants for their individual official use.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for permissible limit of expenses on stationary for public servants for their individual official use.
(iii) Documents / details showing expenses occurred on stationary for public servants for their individual official use.
(iv) Documents / details of disposal of scrap stationary allotted to public servants for their individual official use.
(v) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions.
ITEM NO. 19 -
(i) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for provision of loans such as housing loan, vehicle loan etc. to public servants.
(ii) Documents / details showing details of beneficiary public servants to whom such loans are sanctioned as indicated in sub-item (i) above.
(iii) Documents / details showing names of defaulter public servants and departmental disciplinary action against the beneficiary public servants who have broken the conditions of any such loan.
ITEM NO. 20 -
(i) Rules / circulars / instructions / orders / letters and related file noting regarding conditions / eligibility criteria for allotment of Government quarters / residence to public servants.
(ii) Documents / details showing details of beneficiary public servants to whom such Government quarters / residence are allotted.
(iii) Documents / details showing details of defaulter beneficiary public servants to whom such Government quarters / residence are allotted.
ITEM NO. 21 –
(i) Rules / circulars / instructions / orders / letters and related file noting regarding working time of this Ministry/Secretariat/office.
(ii) Rules / circulars / instructions / orders / letters and related file noting regarding opening & closing of office premises of this Ministry/Secretariat/office.
(iii) Records of custodian regarding opening & closing time of office premised of this Ministry/Secretariat/office.
(iv) Rules / circulars / instructions / orders / letters and related file noting regarding regulation of public entrance in the office premises of this Ministry/Secretariat and protocol followed by the public servants who are posted on reception desk/office/counter while dealing with the people of India who visits this PUBLIC OFFICE.
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The IPO No.___________________ valued Rs.10/- is enclosed toward fees for application under RTI Act 2005.
I am ready to pay all required charges as per provision as I am not in BPL category.
Please send the information by speed post to avoid delay. I may also be contacted / informed on my mobile phone no. 865 226 3111 / 93 222 46 333.
Place: Mumbai. (
Date : 30th November, 2012 SIGNATURE OF APPLICANT
Enclosed: IPO valued Rs.10/- as stated above.
