[rti4empowerment] NEW AMENDMENT RULES TO RTI ACT IN KARNATAKA STATE

Dear Shashi Kumar A.R.

 

        I am of the view that when you yourself is an LLB and journalist, you can tackle this case yourself. You may send a complaint by post, instead of delivering the same personally.  If that is rejected on the basis of notification or u r asked to file second appeal instead, challenge that rejection in the High Court.  After all, Right to Information is a Fundamental Right and no one else other than Parliament can amend the Act.  The notification of this far reacing consequence come under the amendment and not under the category of framing rules and regulations. Therefore, the notification nullifying one important section of the Act is bad in law, illegal and has no force in law but a simple piece of paper.    I am not a law graduate but from my experience, I know this very well.  In the Karnataka High Court, this can be challenged under article 226 of the Constitution. 

 

Request you to send me copy of the notification again as your previous mail attaching the notification is not traceable, might have been deleted by mistake.

From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
To: rti4empowerment@googlegroups.com
Sent: Friday, 11 November 2011 12:27 AM
Subject: Re: [rti4empowerment] NEW AMENDMENT RULES TO RTI ACT IN KARNATAKA STATE

Dear elder brother Sri. Vikram sir 

Thank you sir , I   am not offensive or defensive to your coment , It is my job to write as a journalist what i saw in the KIC , To day also i had seen 

the commission official  who is receiving  the  complaints or appeals is refusing to take the complaints under section 18 of the act and they are directing  1st to use section 19(1) and then come to the commission and to see the gazette notification which is displayed on the notice board 

As an law graduate i  know and very ordinary citizen  says the rule made is perfect , But My question is what is the necessity of making gazette notification by the government the law which is already existing in RTI Act 2005   pertaining to 1st appeal before the respective appelate authority  and then to the KIC , 

The Karntaka information commisssion is having 6 information commissioners and must see that all the departments must appoint PIO's and appelate authorites and to bring awareness &basics of RTI Act , 

Even after lapse of  6 years  majority  of the government departments fails to comply section 4(1)a / b of the act ,  One of our volunteer filed rti application pertaining to all the offices under Vidhanasoudha and 

vikas soudha [ 47 applications] , But the bundle is sent back to him and then he sent through COP / Ordinary post and it is deemed to be received  Even after lapse of more than 1 year no response from any body from vidhanasoudha / Vikasasoudha , But  complaint  under section 18 is filed to the commission ,  but commission instead of hearing the complaints ,

directed the petitioner to provide details regarding  all the pio names and addresses , The government heads are not complying either section  4(1) a or b , even i filed  rti application 2 years back with city civil court , they collected further fee but even after several hearings no information is provided but information commissoners are retiring and Pio;s of courts retiring ,but application is still pending in the commisson  , this story is same to other courts also , Karnataka lokayuktha office not complied the same ,KARNATAKA HUMAN RIGHTS COMMISSION  STILL NOT HAVING ITS OFFICIAL WEBSITE , WHAT WE CAN EXPECT FROM AT  RURAL KARNATAKA LIKE GRAMA PANCHAYATH LEVEL 

Thank you 

ARS KUMAR. BE LLB MA JOURNALISM [ MA HUMAN RIGHTS ]

SOCIAL ACTIVIST & JOURNALIST 

Correspondent to the Weekly news paper " REPORTER"

Correspondent to Breaking News today News paper 

On Thu, Nov 10, 2011 at 8:40 PM, Anand Acf <acfanand@gmail.com> wrote:

I don't find any mistake in the amendment. It clearly states no one
can approach KIC u/s 19(3) with out approaching FAA u/s 19(1)

On 11/9/11, SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com> wrote:
> *DEAR BROTHERS /SISTERS / RTI USERS *
> *FOR KIND ATTENTION *
> *
> *
> *KARNATAKA  GOVT  ISSUED AN GAZETTE NOTIFICATION  DATED 22/10/11 , ENCLOSED

> THE PDF VERSION , NOW THE KARNATAKA INFORMATION COMMISSION IS REFUSING THE
> COMPLAINTS FILED BY THE RTI APPLICANTS UNDER SECTION 18(1) OF THE RTI ACT
> AND KIC OFFICIALS ARE  DIRECTING ALL THE RTI APPLICANTS NOT FILE ANY
> COMPLAINTS UNDER SECTION 18 (1) OF THE ACT , BUT  THEY ARE DIRECTING RTI
> APPLICANTS TO  FILE  1ST APEAL UNDER SECTION 19 (1) OF THE ACT BEFORE THE
> RESPECTIVE PUBLIC APPELATE AUHTHORITIES AND THEN ONLY ALL THE APPLICANTS
> MUST FILE 2ND APPEAL UNDER 19(3) OF  THE ACT  BEFORE KARNATAKA INFORMATION

> COMMISSION ,  *
> *ONE OF THE OFFICIAL SAID SECTION 18 IS SCRAPPED *
> *
> *
> *I AM REQUESTING EVERY  CITIZEN /ACTIVIST / SOCIAL WORKER / RTI USER TO

> EXAMINE THE GAZETTE AND PLEASE GIVE VALUABLE COMENTS  , WHETHER THIS RULE

> MADE BY THE GOVERNMENT  IS VALID AS PER THE PROVISIONS OF THE RTI ACT  ? *
> *AFTER SIX YEARS OF LAPSE  ALSO MOST OF THE GOVERNMENT DEPARTMENTS DONT

> WANT RTI ACT TO BRING TRANSPARENCY AND GOOD GOVERNANCE IN THIER OFFICES AND
> NOT INTERESTED TO IMPLEMENT SECTION 4(1) A & B OF THE ACT  WITH GREAT

> SPIRIT *
> *MOST  OF THEM DONT KNOW WHAT IS MEANT BY PIO  AND THEY HAVE NOT APPOINTED
> APPLELATE AUTHORITY  ALSO , *
> *THIS IS THE TRICK PLAYED BY KARNATAKA INFORMATION COMMISSION  WHO ARE

> RETIRED BUREAUCRATS   TO SUPRESS THE FREEDOM OF INFORMATION   TO SIT IDLE
> AND TO GET  THE  AROUND 1.5 LAKSH SALARY AND  OTHER  BENIFITS , PRIVILAGES

> , CAR , PERKS ETC , *
> *THEY DONT WANT TO HEAR AND PROVIDE THE INFORMATION SOUGHT   UNDER SECTION

>  18 OF THE ACT , AND ACTIVISTS NEED THE ACT TO EXPOSE THE CORRUPTION IN THE

> STATE  , **EALIER KARNATAKA IS A SILICON CITY  NOW IT BECOME SILICON HUB
> FOR CORRUPTION  ,*
> * DAY BY DAY RTI ACT IS BECOMING DILUTE  , EARLIER CHIEF INFORMATION

> COMMISSIONER KK MISHRA RECOMONDED FOR ONE SUBJECT AND 150 WORDS , NOW  THIS
> IS THE SITUATION ,  IF  THE APPLICATION UNDER SECTION 18 (1) OF THE ACT IS
> NOT HEARD , WHAT IS THE NECESSARY OF SIX INFORMATION COMMISSIONERS , NOW
> SOME OF THE INFORMATION COMMISSIONER IS HEARING MORNING SESSION ONLY ABOUT
> 10 TO 12 COMPLAINTS AND SOME OF THEM HEARING MORE THAN 25  WITHIN  1 HOUR ,
>  SOME OF THEM ARE NOT SPENDING MORE THAN FRACTION OF SECOND TO DISPOSE THE
> COMPLAINTS , AFTER NOON NO HEARINGS , BUT EACH INFORMATION COMMISSIONER IS
> GETING EQUAL TO HIGH COURT JUDGES SALARY BUT WHAT IS THE PROGRESS AND OUT

> PUT FROM THEM TO THE CITIZENS *
> *
> *
> *WITH REGARDS *
> *
> *
> *ARS KUMAR .BE. LLB , MA JOURNALISM [ MA HUMAN RIGHTS ]*
> *SOCIAL ACTIVIST *
> *SWAMY VIVEKANANDA RTI JANA JAGRUTHI MISSION *
> *KARNATAKA *
> *[image: image.png]
> *
> *[image: image.png]
> *
>


--
Anand S.
Coordinator, Anti Corruption Forum
Bangalore 560 085.
Cell No. +91-87928-91066