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Thx

On Tue, Oct 27, 2009 at 12:56 PM, sroy1947 <[email protected]> wrote:
>
>
>
> Many people ask me for a sample application of "Responsible Use" of RTI. I am 
> giving an example RTI below which I have hurriedly drafted.
>
> I expect the PIO to use the following tactics
>
> a) Return the Rs.10 application fee,
> b) Inform me that information concerns P/A(s) which is an exempt organisation 
> u/s 24,
> c) Throw 8(1)(a) at me to deny,
> d) Throw 8(1)(i) at me to deny,
> e) Throw 8(1)(j) at me to deny,
> f) Cite 8(1)(f) (g) and (h) for denying certain queries,
> g) Cite "3rd party" to deny
>
> So now I am prepared for the above tactics.
>
> To see how it works out in practice I may actually file it and
> keep the group posted on how it proceeds. I also freely give permission to 
> anyone else to use this intellectual property of mine (freely) and submit it 
> themselves.
>
> Sarbajit
>
> Here is the sample application
>
> <snip>
>
> "To:
> The Central Public Information Officer,
> (appointed u/s 5 RTI Act 2005)
> Cabinet Secretariat
> Room No.14,South East Wing, Rashtrapati Bhawan
> New Delhi 110004 Date: 27-Oct-2009
>
> CONFIDENTIAL
>
> Sir,
>
> Sub : Request / Assistance for seeking information under RTI Act 2005
>
> I am a public spirited citizen of India and desire information dissemination 
> concerning your public authority – "Government of India - CABINET 
> SECRETARIAT". I am constrained to send this communication for the reason that 
> the website of your authority is vague, sparse and uninformative, in contrast 
> to some books published by former employees of your authority which have 
> affected me.
>
> Hence, to enable me to properly specify the information I seek and also to 
> obviate any resort under the RTI Act, I request your assistance to 
> disseminate / provide me certain information falling within "proactive 
> disclosure" category of section 4 of RTI Act pertaining to your public 
> authority. I am caused to request this information free of cost, immediately 
> and in the electronic format in terms of sub-section 4(4) r/w 4(3) of RTI Act 
> 2005 which I set out below for ready reference.
>
> " 4(3) 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.
>
> 4(4) All materials 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 Central Public Information 
> Officer or State Public Information Officer, as the case may be, available 
> free or at such cost of the medium or the print cost price as may be 
> prescribed.
>
> Explanation.—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."
>
> NB: I am accompanying an application fee for Rs. 10 so that this request for 
> assistance / information dissemination is not rejected on technical grounds. 
> The amount may kindly be returned to me if there is no legal requirement for 
> me to pay the same for information dissemination.
>
> Accordingly the information I seek is specified below:
>
> 1) A copy of the catalogue(s) [see sub-section 4(1)(a) RTI Act 2005] of all 
> records maintained by your public authority duly indexed in manner and the 
> form to facilitate right to information.
>
> 2) A copy of the complete and/or sufficient information that is required to 
> be provided suo-moto to the public by your public authority for compliance 
> with sub-section 4(2) of RTI Act, which is set out below for ready reference
>
> "(4)(2) 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 the 
> public have minimum resort to the use of this Act to obtain information."
>
> 3) All relevant facts that are required to be disclosed by your public 
> authority for compliance to mandate of sub-section 4(1)(c) of RTI Act, 
> including (but not limited to) the decisions of Council of Ministers, the 
> reasons thereof, and the material on the basis of which the decisions were 
> taken once the matter is complete, or over. For ready reference the concerned 
> clause is set out below
>
> "4(1)(c) publish all relevant facts while formulating important policies or 
> announcing the decisions which affect public;"
>
> 4) The copy(s) (incl gazette notifications, if any), reasons [see subsection 
> 4(1)(d) of RTI Act] and supporting material for the following important 
> administrative or quasi-judicial decisions of Cabinet / GOM / Council of 
> Ministers / Cabinet Secretariat / Committee(s) of Secretaries or other 
> Cabinet or Secretarial bodies etc.
>
> NB: I am an affected person being concerned that valuable historical records 
> are being willfully neglected / have been corruptly destroyed,
>
> a) Decisions / policy, if any, to allow the following persons
> i) Mr Ranjan Bhattacharya (purported son-in-law of former P.M. A.B.Vajpayee)
> ii) Mr Nandan Nilekani,
> iii) Mr Sam Pitroda,
> iv) Mr Shailesh Gandhi
>
> access to sensitive official documents / records and/or Cabinet papers from 
> time to time.
>
> b) Decision / policy, if any, to bifurcate IB to create R&AW on 21.Sep.1968 
> or thereabouts
>
> c) Decision(s) / policy, if any, to constitute or deploy covert action units 
> of R&AW after 1968,
>
> d) Decision(s) / policy, if any, to constitute or deploy covert action units 
> of Directorate-General of Security (DGS) after 1968,
>
> e) A copy of the noting(s) by B.N.Mullick (former Director IB) constituting 
> the "Burma Branch" presently with R&AW Archives,
>
> f) Copy of the note issued by Indian Ambassador to Burma, and later supplied 
> to R&AW in 1968-69, stating that Govt of India I had no objection to Chinese 
> assistance to Burma (now Myanmar) for aerial photography of Indian territory,
>
> g) Decision to destroy / weed out from R&AW records the transcripts of 
> records of negotiations for settlement by Mr Rajiv Gandhi, Mr R.N. Kao and 
> others recorded by Mr B Raman before Army was sent into Golden Temple 
> Amritsar in June 1984, along with record(s) of factum of destruction. NB: Mr. 
> B Raman former Addl Secy of R&AW has published that that these valuable 
> historical records were entrusted by him to R&AW archives around 31,August 
> 1994 in the hope they are made available to future historians
>
> h) Decision to destroy / weed out from R&AW records, communications from 
> American Baptist missionaries in Burma (Kachin State) to R&AW after October 
> 1968, along with records of factum of destruction.
>
> i) Decision to destroy / weed out the Indian Army's minute of dissent to 
> Joint Intelligence Committee concerning over-assessment of Naga hostiles sent 
> to China for training in 1968-69, along with records of factum of destruction.
>
> j) Decision to conduct an enquiry into suspicions that CIA was involved in 
> assassination of Mrs Indira Gandhi. It is pertinent that Mr B Raman former 
> Addl Secy R&AW, has alleged the enquiry "could not prove this suspicion".
>
> k) Decision(s) / policy not to upgrade India's "weak" (per Mr B Raman) 
> maritime intelligence capability concerning US and naval development in 
> Indian Ocean region.
>
> l) Decision(s) / policy to depute / induct officers of R&AW to Ministry of 
> Information & Broadcasting from time to time.
>
> m) Decision to constitute NTRO (National Technical Research Organisation),
>
> n) Decision to send Mr K Sankaran Nair to Geneva during Emergency period to 
> deposit about six million US Dollars into Swiss Bank numbered account to be 
> paid as commission for intercession of Ashraf Pehlawi the sister of Shah of 
> Iran on recommendations of Hindujas.
>
> o) Decisions / policy taken at various times to exclude members of minorities 
> such as Muslims or Sikhs from intelligence / security at senior operational 
> positions or close proximity duties.
>
> p) Decision(s) / policy which served to humiliate and "throw out" Mr Shiv Raj 
> Bahadur, IPS, from R&AW in ca. 1980.
>
> q) Decision / policy to destroy / weed out report of Kargil Review Committee 
> ca. 1999.
>
> r) Decision / policy of Indian Embassy to Paris to throw away old glasses and 
> replace them with new ones after official visit of PM Morarji Desai. NB: Mr B 
> Raman, a R&AW officer when posted in Paris has alleged (in book published by 
> him) this was because of uncertainty about which glass(s) PM Desai had used 
> for drinking his urine.
>
> s) Decisions perpetuating nepotism in R&AW which also earned it the sobriquet 
> "Relatives and Associates Wing". If these were done as policy, the policy may 
> also be provided.
>
> t) Decisions recalling R&AW officers posted abroad for alcoholism, 
> womanizing, gambling etc. If these were done as policy, the policy may also 
> be provided
>
> u) Decisions not to act strongly against delinquent R&AW officers who were 
> members of Mr R N Kao's or Mr K Sankaran Nair's staff, as publicly alleged by 
> Mr B Raman (former Addl Secy R&AW). If these were done as policy, the policy 
> may also be provided.
>
> v) Decision to ban trade unions in intelligence services of GoI. If these 
> were done as policy, the policy may also be provided.
>
> w) Decisions to allow the practice (Mr. B Raman has described it as "racket") 
> of security staff accompanying Ms Sonia Gandhi and her children abroad on 
> Prime Minister's plane to bring back imported electronic and other goods into 
> India without passing though customs or paying customs duty. If these were 
> done as policy, the policy may also be provided.
>
> x) A) Decision of Cabinet Secretariat to enquire into sources of foreign 
> exchange used by Intelligence officers to purchase / import Colour TV sets 
> whilst accompanying PM Indira Gandhi in or about Sept 1983.
>
> B) Decision by Secretary (R) and/or No.2/R&AW not to prosecute the 
> Intelligence officers on the said enquiry's findings.
>
> y) A) Decision to allow Royal Jordanian Airline to operate flights to/from 
> India,
>
> B) The supporting material (as alleged concerning corruption by R&AW officer 
> Mr B Raman) for such decisions, namely gift of expensive Mercedes Benz car by 
> King of Jordan, and also 2 AC Land Rovers, which were subsequently 
> transferred to President of India's garage by Shri Rajiv Gandhi.
>
> z) Decision of Cabinet Secretariat not to proactively disclose complete 
> information concerning all its business / functions / duties / budget / staff 
> etc. under RTI Act.
>
> Accordingly, I request for the above specified information be given to me, 
> preferably in electronic format (such as on "diskette") (and also be 
> published on internet by you) so that it may serve the (larger) public 
> interest and strengthen India's security and strategic interests and 
> especially in the face of the numerous ALLEGATIONS OF CORRUPTION in books 
> published by senior R&AW officers after their retirement / super-annuation 
> inter-alia cross-levelling allegations between the personnel of ex-Army and 
> IPS/RAS cadres in Cabinet Secretariat.
>
> Yours faithfully
>
> (Sarbajit Roy)"


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