Monday, May 16, 2011

[rti4empowerment] Fwd: A PUBLIC AWARENESS DRIVE ON RTI ACT 2005 - Cabinet note not secret: Info panel Maha Watchdog Overrules itself.

 



---------- Forwarded message ----------
From: Surendera M. Bhanot <surendera@avissoftware.com>
Date: Mon, May 16, 2011 at 2:37 PM
Subject: A PUBLIC AWARENESS DRIVE ON RTI ACT 2005 - Cabinet note not secret: Info panel Maha Watchdog Overrules itself.
To: "State Information Commission Punjab" <scic@punjabmail.gov.in>


CAN U C - RTI ACT.jpg

To

Hon'ble All State Information Commission



Cabinet note not secret: Info panel Maha Watchdog Overrules itself.

MUMBAI: A cabinet note on the basis of which a council of minister takes a decision and subsequently passes a government
resolution is not confidential and anyone can have access to a copy of it under the RTI Act.

The verdict was passed on Friday by a full bench of the Maharashtra information commission, presided over by chief information
commissioner Vilas Patil. The new decree overrules Vikas Patil's predecessor Suresh Joshi's ruling in 2006 that said a cabinet note was a confidential document and a citizen could not get access to it by applying under the Right To Information Act.

The latest decision was arrived at after a much deliberation, with Vilas Patil, his Aurungabad counterpart D B Deshpande, Amravati
information commissioner Bhaskar Patil and Nagpur information chief P W Patil maintaining that the note should not be kept secret.

However, Navi Mumbai info chief Navinkumar and his Nashik counterpart M H Shah tried to argue it should not be made public.

The view of the majority prevailed and it was decided that an RTI applicant is eligible to obtain a copy of the cabinet note, an
official told TOI on Saturday.

The issue was raised after a resident, Archana Gawda, in 2007, filed a query under the RTI Act, seeking a copy of the cabinet note of the repeal of the Urban Land Ceiling Act and the states decision on the proposal. The general administration department, however, refused to send her a copy saying, according to the rules of business and provisions of the RTI Act, a cabinet note was confidential and hence out of RTI purview.

--
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Instead, it is always within ourselves.
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Warm Regards


Surendera M. Bhanot

- President, RTI Help & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
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- Member, RTI Activist Federation, Punjab, Chandigarh

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