Hi Divya Jyoti Thanks for your prompt reply. Actually the way I read the wise order of K-SIC was-"Office of Minister is not a public authority per RTI Act", said Office is neither "body" nor "authority" nor "inst.of self governance" etc. Any information concerning the Ministry (incl info concerning the Minister's official actions as Minister) are always available through the PIO of his Ministry". Concerning the "generation" of information part, it is there in the Act :-)Concerning "Office of Minister" being "constitutional" I am likewise unable to find it there, perhaps we should exchange legal notes. Concerning Parivartan's sources of finance for advocates and the pro-bono bit, my own sources indicate that several of these same pro-bono advocates may not always remind themselves of the ethics and codes of conducts they are supposed to adhere to.
Sarbajit --- In [email protected], "DivyaJyoti Jaipuriar, Advocate" <[EMAIL PROTECTED]> wrote: > > Dear Sarbjit > Thanks for your mail and your wise comments. > > In my opinion, this order is bad in law as it is not in conformity with the > RTI Act itself. If you read the order, the Commission is trying to assert > that the office, which does not "generate" any information is not covered > under the RTI Act. In my weirdest imagination, I could not find this kind of > interpretation of the provisions of the RTI Act. In my opinion, the RTI act > applies simply on Public Authorities and the definition of "Public > Authority" in the Act is clear to this extent. This definition clearly > includes the offices of the Minister as the minister is holding that office > because he is holding a constitutional post and he is also under an > obligation to carry out his duties as Minister. The office, that he is > holding, is to assist him in carrying out his duties as minister. This > office is not his personal office for doing his personal works. > > Further, if we accept this order as correct, then all government offices, > being attached to any minister or any officer, will also get out of the > purview of the RTI Act. In such a case, the Act would die. > > On Parivartan's efforts on taking cases in high courts, I would like to > inform you that Parivartan does this work on pro bono basis. Advocates > associated with Parivartan, all across the country, do not charge any fee > for taking up cases of RTI Act in High Court. We only challenge those orders > which interpret the provisions of the RTI Act wrongly. I would also like to > inform you that Parivartan does not take any foreign funding as a matter of > policy. Human Rights Law Network also does not give any funds to Parivartan. > We run entirely on the donations from individuals. > > I thank you once again. > > *Divya Jyoti Jaipuriar* > Advocate > Public Cause Research Foundation > (A Parivartan Initiative) > Delhi > > > On 20/04/2008, sroy1947 <[EMAIL PROTECTED]> wrote: > > > > Dear Divya Jyoti > > > > What exactly is bad in this order of Kerala SIC? > > > > Is there something in it's English which is not clear or is there some > > translation problem from Malayalam? > > > > IMO it is an order harmonious with language of RTI Act. > > > > If one cannot understand such a simple order perhaps considering doing > > a PhD. in Law to understand this (and orders of whichever Court it is > > challenged in) better is required. > > > > Nowadays Parivartan seems to have lots of money to spend in High > > Courts. Lots of it is foreign money flowing in from Human Rights Law > > Networks. It seems that times have changed and Mir Jafars are not > > ashamed to flaunt their treachery to RTI cause. > > > > Sarbajit > > > > --- In [email protected] <rti_india%40yahoogroups.com>, > > "DivyaJyoti Jaipuriar, Advocate" > > <jaipuriar@> wrote: > > > > > > Dear Friends > > > Please find enclosed as in line text at the end of this mail, an order > > > passed by Kerala Information Commission declaring that the office of the > > > Minister of the Finance Minister is not a Public Office for the > > purpose of > > > applicability of RTI Act. Chief Information Commissioner Mr Mr Palat > > > Mohandas passed this order on 31.03.2008 declaring that the office > > of the > > > Minister is not a a Public Authority. > > > > > > The Commission observed that for the applicability of the RTI Act, it is > > > necessary for the office to come under section 2 (h) and also > > possess some > > > information as defined under section 2 (j). The Commission observed > > that the > > > as the office of the Minister does not "generate" any information and as > > > there is no permanent staff attached to this office, the office of the > > > Minister is not a Public Authority as defined under the RTI Act. > > > > > > The Commission also differentiated the office of the Minister with > > the Prime > > > Minister's Office and held that the PMO acts as an independent > > secretariat > > > covering a wide range of issues while the office of the Minister > > takes into > > > account matters only concerning that ministry. The Commission, thus > > observed > > > that the office of the Minister is not a Public Authority. > > > > > > This is a very bad order and we plan to challenge this order in > > Kerala High > > > Court. Please send your comments and opinion on this order. Please > > also send > > > us the copies of orders passed by different Information Commissions > > either > > > on similar lines or declaring the office of the minister as Public > > Authority > > > under the RTI Act. > > > > > > The copy of the order is attached as in line text at the end of this > > mail. I > > > have a scanned pdf copy of this order. In case any member needs the > > same, > > > please send me an email. I will send it immediately. Group mails > > does not > > > support sending annexures. > > > > > > Thanks and Regards! > > > > > > *Divya Jyoti Jaipuriar* > > > Advocate > > > Public Cause Research Foundation > > > (A Parivartan Initiative) > > > Delhi 110095 > > > Tel/ Fax: +91 11 22356759 > > > Email: divyajyoti@ > > > > > > > > > > > __________________________________________________________ > > > > > > > > > STATE INFORMATION COMMISSION, KERALA > > > > > > PUNNEN ROAD, THIRUVANANTHAPURAM 695 039 > > > > > > Tel: 0471 2335199, Fax: 0471 2330920 > > > > > > Email: sic@ > > > > > > Proceedings of the State Information Commission, Kerala in Complaint > > > petition > > > > > > CP No. 882/2007/SIC > > > > > > (No.6558/SIC-Gen3/2007) > > > > > > > > > > > > Present > > > > > > > > > > > > Sri. Palat Mohandas > > > > > > Chief Information Commissioner > > > > > > > > > > > > Sri. Mundela P. Basheer, > > > > > > Chairman, Pothujanavedi, > > > > > > Punnakkadayil, Kaniyapuram > > > > > > Thiruvananthapuram 695 301 > > > Appellant > > > > > > > > > > > > 1. Public Information Officer > > > > > > Finance Department, > > > > > > Secretariat, > > > > > > Thiruvananthapuram > > > Respondent > > > > > > > > > > > > > > > > > > ORDER > > > > > > > > > > > > The complaint filed by ShrLMundela P.Basheer under the RTI Act 2005 was > > > received by the Commission on *3/1/2008 *and was admitted as C.P * > > > No.882/07/SIC.* > > > > > > > > > > > > The complainant had filed an application fer information before the > > Office > > > of the Minister for Finance on 08.03.07 for getting an enquiry report of > > > Finance Inspection wing regarding certain-allegations. The Public > > > Information Officer, Finance Department had given him a reply on 5.5.07, > > > 24.7.07, 13.8.07. Aggrieved by the decision of the Public Information > > > Officer he filed the Complaint before the ' State Information > > Commission on > > > 17.9.07. > > > > > > > > > > > > On getting the complaint, the Information Commission asked for a > > detailed > > > report. It was submitted on *16/02/08. *The Information Commission > > carefully > > > examined the complaint and the report. The commission had also, > > considered > > > the , request of Shri Mundela P.Basheer to nominate the Public > > Information > > > Officer and Appellate Authority in the Office of the Minister (Finance) > > > considering the position that the Office of the Minister is a Public > > > Authority. > > > > > > > > > > > > The Commission observed that in order to become a Public Authority, an > > > authority should come under the definition of Section (2)(h) and it > > should > > > possess information as defined under Section 2(f) read with Section > > 2(j). > > > Over and above it should be upkeeping some information . As a matter of > > > fact, Office of the Minister does not -qenerate any information. > > There is no > > > permanent staff in the Office of the Minister. The staff is drawn from > > > Government Departments/ Public Sector Undertakings on deputation > > basis or on > > > direct appointment purely on temporary (Co-terminus) basis in accordance > > > with the personal discretion of the Minister. .They are accountable > > to the > > > Minister only. The personal staff is to assist the Minister > > personally in > > > the discharge of his duties. > > > > > > > > > > > > The Government Secretariat support the Minister, in the discharge of his > > > official duties. The Minister heads the Secretariat department. The > > > Secretariat civil service is a permanent establishment and they > > > create/possess/access information and maintain records of the > > Government. > > > The Minister is expected to take final decision, on the file > > processed by > > > the concerned Secretariat based on the Govt. policy of the time and also > > > observing the rules and regulations in force. The Secretariat is > > accountable > > > to the respective Minister. And, any view expressed by and information > > > provided by a Minister should be in tune with the Government > > policy/s and as > > > per records / information held by the Secretariat. > > > > > > > > > > > > The staff of the Minister are not an independent entity and its > > > establishments is controlled and maintained by the General > > Administration > > > Department. In usual course all applications put to the Minister > > under RTI > > > act are to be responded to by the authorities empowered by the RTI > > Act in > > > the respective Secretariat Department. > > > > > > So far as the case of Prime Minister's Office is concerned , it is > > > functioning as an independent Secretariat, for assisting the > > Prime-Minister > > > for the discharge of his duties. > > > > > > Historically, it was also like any other personal staff of a > > Minister but it > > > was enlarged and specific functions given by appropriating them from the > > > Ministries by successive Prime Ministers. A debate on its role and > > function > > > is still on. All other Ministers are given charge of respective > > Ministries > > > and their role is confined to that particular Ministry > > > > > > > > > > > > In view of the above, the Commission does not consider that Office > > of the > > > Minister is a.Public Authority and it should have separate Assistant > > Public > > > Information Officer, Public Information Officer or Appellate Authority. > > > > > > For the factors cited above, the complaint is found to be devoid of > > merits > > > and is disposed off accordingly. > > > > > > > > > > > > Dated this the 31 st day of March 2008. > > > > > > > > > > > > > > > > > > *Sd/-* > > > > > > * * > > > > > > *Palat Mohandas* > > > > > > Chief Information Commissioner > > > > > > SECRETARY > > > > > > > > > > > > > > __________________________________________________________ > > > > > > > > > > > > -- > > > DivyaJyoti Jaipuriar, Advocate > > > Public Cause Research Foundation > > > (A Parivartan Initiative) > > > www.parivartan.com > > > divyajyoti@ > > > Tel/ Fax: +91 11 22356759 > > > Cell: +91 9868002365 > > > Visit me at www.jaipuriar.com/index.htm > > > National RTI Helpline No. +91 9718100180 > > > > > > =====-----=====-----=====-----=====-----===== > > > Notice: The information contained in this e-mail message and/or > > > attachment(s) to it may contain confidential or privileged > > information. If > > > you are not the intended recipient, any dissemination, use, review, > > > distribution, printing or copying of the information contained in this > > > e-mail message and/or attachment(s) to it are strictly prohibited. > > If you > > > have received this communication in error, please notify us by reply > > e-mail > > > or telephone and immediately and permanently delete the message and any > > > attachment(s). Before opening any mail and attachment(s) please > > check them > > > for viruses and defect. Thank you > > > =====-----=====-----=====-----=====-----===== > > > > > > > > > [Non-text portions of this message have been removed] > > > > > > > > > > > > > -- > DivyaJyoti Jaipuriar, Advocate > Public Cause Research Foundation > (A Parivartan Initiative) > www.parivartan.com > [EMAIL PROTECTED] > Tel/ Fax: +91 11 22356759 > Cell: +91 9868002365 > Visit me at www.jaipuriar.com/index.htm > National RTI Helpline No. +91 9718100180 > > =====-----=====-----=====-----=====-----===== > Notice: The information contained in this e-mail message and/or > attachment(s) to it may contain confidential or privileged information. If > you are not the intended recipient, any dissemination, use, review, > distribution, printing or copying of the information contained in this > e-mail message and/or attachment(s) to it are strictly prohibited. If you > have received this communication in error, please notify us by reply e-mail > or telephone and immediately and permanently delete the message and any > attachment(s). Before opening any mail and attachment(s) please check them > for viruses and defect. Thank you > =====-----=====-----=====-----=====-----===== > > > [Non-text portions of this message have been removed] >
