tag:ripfkerala-fightcorruption.blog.co.uk,2009-11-08:/MokoFeed2009-11-08T08:03:28+01:00tag:ripfkerala-fightcorruption.blog.co.uk,2009-04-24:/2009/04/24/biggest-corporate-fraud-in-india-5999613/ripfkerala-fightcorruption2009-04-24T12:15:34+02:002009-04-24T12:20:31+02:00 <p>India's biggest corporate fraud investigation underway</p> <p> In India’s allegedly biggest-ever case of corporate fraud Satyam Computer Service Ltd. founder Ramalinga Raju and his brother Rama face charges of “criminal conspiracy and breach of trust in an alleged $1 billion [734 million] fraud,". </p> <p>The scandal broke when Raju confessed to “filling the company’s balance sheets with “fictitious” assets and “nonexistent” cash in an extraordinary letter to the company’s board,”. </p> <p>Raju said that he had “falsified accounts for “several years” to stave off a takeover, however, accounting experts can’t explain how the reporting error went unnoticed. </p> <p> “Satyam’s shares plummeted on the news by 75%, dragging down India’s stock main market by 7%.” </p> <p>“Officials have seized documents and the nation’s accounting body is examining auditor PricewaterhouseCoopers LLC’s local unit,”. </p> <p>In a bid to minimise the fall-out from the scandal, the Indian government appointed Deepak Parekh, chairman of HDFC Bank; Kiran Karnik, a former president of the National Association of Software Services Companies outsourcing industry body; and C.Achuthan, director of the National Stock Exchange and formerly of the Securities and Exchange Board of India, to the company’s board on 11 January. </p> <p>Corporate Affairs Minister Prem Chand Gupta called the Satyam case “an aberration,” urging that the “credibility of the Indian corporate sector in general, and IT sector in particular, should not be allowed to suffer because of this,". </p> <p>Many analysts say that the “chase for huge profits, and the desire to keep up with the break-neck speed of India’s $50 bn outsourcing industry’s growth rates that may have been behind Mr Raju’s motivation in fudging the accounts at his firm,” writes the BBC. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2009/04/24/biggest-corporate-fraud-in-india-5999613/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2009-04-24:/2009/04/24/anti-cooruption-activist-sentenced-5999525/ripfkerala-fightcorruption2009-04-24T11:55:49+02:002009-04-24T11:55:49+02:00 <p>The restriction of civil society activity in Montenegro reached a high point recently with the sentencing of a leading activist from Transparency International’s partner organisation MANS (Mreza za Afirmaciju NVO sektora). The sentence for obstructing police action by opposing the dismantling of a public petition, will be disputed by MANS in a complaint to be filed this Thursday 05 February before Montenegro’s High Court. </p> <p>"Petitioning the government is a fundamental right for all citizens,” said Miklos Marschall, Regional Director for Europe and Central Asia at Transparency International. “If the authorities violated the law in suppressing a constitutionally-guaranteed right, they should face the consequences. If a law lends itself to be subjectively interpreted and selectively applied, it must be changed to comply with European norms." </p> <p>Since January 2006, MANS sought transparency in the privatisation process of KAP, the largest national aluminium processor, which consumes almost half of the energy imported into Montenegro yet was not subjected to a 71 per cent price hike affecting households and small businesses. Parallel to this initiative, MANS organised a public petition against the skyrocketing prices in Montenegro in 2007 as part of a country-wide campaign. </p> <p>The organisation’s efforts led to the collection of over 30.000 signatures from citizens. While collecting signatures at the main square in Podgorica, a number of unidentified persons in civilian clothing attempted to remove the petition tables and papers into a nearby vehicle. When Veselin Bajceta, Deputy Director of MANS, attempted to stop them, he was promptly arrested by the police and charged with preventing the same authority from performing their public duty. Mr. Bajceta’s sentence to one month of prison, convertible to one year of probation, was issued by the basic court in June 2008 and delivered in the last week of January 2009. </p> <p>The Constitution of Montenegro guarantees every citizen the right to organise a civic initiative or petition, and local legislation does not require official permission to be obtained in order to organise public civic action. </p> <p>For 14 months, MANS had, by mobilising public pressure, been pushing for the publication of the privatisation contract of KAP which was finally made public by the responsible Ministry for Economic Development, shortly before the arrest of Mr. Bajceta. </p> <p>Depriving civil society of the right to speak freely, threatening and prosecuting them while, at the same time, showing zero political will to investigate and process high political and business figures for alleged grand corruption, clearly indicates that Montenegro is a long way from becoming the solid democratic society it must be as it seeks possible entry to the European Union. </p> <p>As a full party to the United Nations Convention against Corruption (UNCAC), the government of Montenegro is thereby committed to actively promote civil society participation and raise awareness regarding the causes and risks posed by corruption. Transparency International calls on the government to fully fulfil this commitment without delay. </p> <p>Transparency International supports MANS efforts to bring transparency to the administration of public assets, its strong protest against the intimidation of civil society in Montenegro as well as the constitutional rights of civil society activists. </p> <p>Press statement in Montenegrin </p> <p>### </p> <p>Transparency International is the civil society organisation leading the fight against corruption. </p> <p>Note to editors: In February 2007, Montenegro faced a so called "electric shock", when electricity bills for households and small and medium companies increased by 71 per cent due to a necessary rise in import of electricity of 30 per cent. At the same time, KAP was excluded from the official tariff policy, as the price for energy delivered to the aluminium giant remained bound to the price of aluminium and continuous delivery of energy at normal prices was guaranteed. </p> <p>The campaign “KAP trosi, a ko placa” (KAP spends but who pays?) was initiated by MANS to lead citizens in preparing a petition to the Minister of Economy demanding equal treatment. </p> <p>Over 50 NGOs from all municipalities of Montenegro and several local trade unions joined the campaign, together collecting over 30.000 signatures from citizens supporting the initiative, which represents the strongest support of any public initiative received so far in Montenegro. </p> <p>Thanks to Transperancy International news</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2009/04/24/anti-cooruption-activist-sentenced-5999525/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2009-01-09:/2009/01/09/atm-guidelines-5348501/ripfkerala-fightcorruption2009-01-09T13:39:10+01:002009-06-25T17:09:22+02:00 <p>1. The first time you use your card, change your PIN.</p> <p>2. Do not disclose your PIN. It's your secret.</p> <p>3. Memorize your PIN. Do not keep PIN along with your card.</p> <p>4. Disclosing PIN to someone is like giving a blank signed cheque.</p> <p>5. For unauthorised use of card the responsibility is fully of the<br> card holder. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2009/01/09/atm-guidelines-5348501/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-10-07:/2008/10/07/kerala-university-asst-grade-test-4834477/ripfkerala-fightcorruption2008-10-07T15:42:30+02:002008-10-07T15:44:35+02:00 <p>Cow Dung Water Poured on the Steps of University for a Symbolic Purification</p> <p>VC Pro-VC & 4 Syndicate Members Found Guilty.</p> <p><strong>{Please Refer Our Previous Post 'RIPF IMPACT'}</strong><br> UPA Lokayukta N. Krishnan Nair recommended to the Government cancellation of the appointments made to the assistant post in the Kerala University. </p> <p>While delivering the judgment Upa Lokayukta has also recommended legal proceedings against the Vice-Chancellor M.K Ramachandran Nair, Pro-VC V. Jayaprakash and Syndicate Members A.A Rasheed, B.S Rajiv, M.P Russel and K.A Andrew as they were found guilty of favouritism, nepotism and political patronage. The recommendation has been forwarded to the Chancellor the Governor and the Pro-Chancellor the Education Minister.</p> <p>Upa-Lokayukta has also directed the VC to constitute a new selection board excluding all members of the present board and a fresh test for all candidates who had already applied without insisting on any fresh application.</p> <p>As pointed out by the Supreme Court "those who come by back door should go through that door" and so extraordinary circumstances call for extraordinary measures, Nair said. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/10/07/kerala-university-asst-grade-test-4834477/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-08-01:/2008/08/01/letter-to-c-m-to-ban-black-sun-films-in--4527749/ripfkerala-fightcorruption2008-08-01T07:26:01+02:002008-08-01T07:26:01+02:00 <p class="MsoNormal">Honb&rsquo;le Chief Minister,</p>  <strong><span>&ldquo;To avoid Terrorism, Sex racketeering, Spirit mafia, Goonda activities and Hooliganism from</span></strong><strong><span>the soil of Kerala, to a certain extent, please ban usage of black sun films in the wind screens of</span></strong><strong><span>motor vehicles&rdquo;</span></strong><strong><span> </span></strong><br> <p class="MsoNormal">Most of the motor vehicle owners are using black films on the glass of wind screens and rear window which causes road accidents and also gives room for illegal activities inside the vehicles. </p>  <br> <p class="MsoNormal">Our Chief Minister, Home Minister, Transport Minister and the Chief Secretary do not use black films in the wind screens of their cars and maintains visual transmission of light inside the vehicle.</p>  <br> <p class="MsoNormal">But, our police personnel, the DGPs, IGs, DIGs, SPs and the DySPs are behind the dark black wind screens in their vehicles without any vision, and plying through busy streets in a hide.</p>  <br> <p class="MsoNormal"><span> </span>During the mid sixties an honest and duty bound<span>  </span>Sub Inspector named Rhishikesan Nair was in the habit of frequent patrolling in his bullet motor cycle in uniform in the evening through the main centers of Quilon town. It was a fear (not a terror) to the culprits and hooligans and they used to abstain from the streets and the common men used to watch him with proud. </p> <p class="MsoNormal"><span>            </span></p> <p class="MsoNormal"><span> </span>Then why the DGPs to&hellip;..DySPs? The Public can see only the police constables up to the CIs who are in vigil in their vehicle. People want to see the DGPs up to DySPs are also in vigil, maintaining law and order. Just a vision of those in the top in uniform in public will certainly create a psycho effect in culprits.</p>  <br> <p class="MsoNormal"><span>            </span>Almost all the goons are remained elusive, since the enactment of Goonda Act. But there are media reports that almost all of them are traveling in luxury cars with black wind screens. Terrorists, Sex racketeers, Spirit Mafias all are using black wind screen in their cars for illegal activities and transportation.</p>  <br> <p class="MsoNormal"><span>            </span>Specifications have been prescribed in Rule 100 (2) of Central Motor Vehicles Rules, 1989 for standard of safety glass, percentage of visual transmission of light of the glass of the wind screen and rear window, according to which 50% of visual transmission of light inside the vehicle shall be maintained so as to see who are in the vehicle and what is happening inside the vehicle.</p>  <br> <p class="MsoNormal"><span>            </span>So in order to enforce this there is no need of a fresh legislation, but Government has to instruct the Regional Transport Officers and Police to enforce these rules strictly and who ever contravenes the order shall be punished with fine under section 177 and suspension of their Registration Certificates under section 53 (1) (a) of Motor Vehicles Act, 1988. This would start from our DGPs.</p>  <br> <p class="MsoNormal"><span>            </span>On 10 &ndash; 12 &ndash; 2007 RIPF had applied RTI about the above said enforcement of rules and the Transport Department of the Secretariat had admitted through the reply in letter No.13022/B2/2007/Tran dated 10 &ndash; 1 &ndash; 2008 (copies enclosed) that Govt. is in the path of implementation of the provisions of Motor Vehicles Act and Rules.</p>  <br> <p class="MsoNormal"><span>            </span>But nothing has been done. Sometimes the above file might have been in the waste box. Our request is to ban only black sun films and not other sun films that maintains 50% transparency enabling see through inside. <span> </span></p>  <br> <p class="MsoNormal"><span> </span><span>           </span>Expecting favorable initiative from the Honb&rsquo;le Chief Minister.<span>  </span></p>   </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/08/01/letter-to-c-m-to-ban-black-sun-films-in--4527749/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-07-10:/2008/07/10/dr-abdul-kalam-s-speech-to-the-citizens-4427672/ripfkerala-fightcorruption2008-07-10T06:14:40+02:002008-07-10T07:17:51+02:00 <p>* The President of India DR. A. P. J. Abdul Kalam’s Speech in Hyderabad. *</p> <p>Why is the media here so negative?<br> Why are we in India so embarrassed to recognize our own strengths, our achievements?<br> We are such a great nation. We have so many amazing success stories but we refuse to acknowledge them. Why?<br> We are the first in milk production.<br> We are number one in Remote sensing satellites.<br> We are the second largest producer of wheat.<br> We are the second largest producer of rice.</p> <p>Look at Dr. Sudarshan , he has transferred the tribal village into a<br> self-sustaining, self-driving unit. There are millions of such achievements but our media is only obsessed in the bad news and failures and disasters.<br> I was in Tel Aviv once and I was reading the Israeli newspaper. It was the day after a lot of attacks and bombardments and deaths had taken place. The Hamas had struck. But the front page of the newspaper had the picture of a Jewish gentleman who in five years had transformed his desert into an orchid and a granary. It was this inspiring picture that everyone woke up to. The gory details of killings, bombardments, deaths, were inside in the newspaper, buried among other news. </p> <p>In India we only read about death, sickness, terrorism, crime. Why are we so NEGATIVE? Another question: Why are we, as a nation so obsessed with foreign things? We want foreign TVs, we want foreign shirts. We want foreign technology. </p> <p>Why this obsession with everything imported. Do we not realize that self-respect comes with self-reliance? I was in Hyderabad giving this lecture, when a 14 year old girl asked me for my autograph. I asked her what her goal in life is. She replied: I want to live in a developed India . For her, you and I will have to build this developed India. You must proclaim. India is not an under-developed nation; it is a highly developed nation.<br> Do you have 10 minutes? Allow me to come back with a vengeance.</p> <p>Got 10 minutes for your country? If yes, then read; otherwise, choice is yours.<br> YOU say that our government is inefficient.<br> YOU say that our laws are too old.<br> YOU say that the municipality does not pick up the garbage.<br> YOU say that the phones don't work, the railways are a joke. The airline is the worst in the world, mails never reach their destination.<br> YOU say that our country has been fed to the dogs and is the absolute pits. </p> <p>YOU say, say and say. What do YOU do about it?</p> <p>Take a person on his way to Singapore. Give him a name - 'YOURS'. Give him a face - 'YOURS'. YOU walk out of the airport and you are at your International best. In Singapore you don't throw cigarette butts on the roads or eat in the stores. YOU are as proud of their Underground links as they are. You pay $5 (approx. Rs. 60) to drive through Orchard Road (equivalent of Mahim Causeway or Pedder Road) between 5 PM and 8 PM. YOU come back to the parking lot to punch your parking ticket if you have over stayed in a restaurant or a shopping mall irrespective of your status identity... In Singapore you don't say anything, DO YOU? YOU wouldn't dare to eat in public during Ramadan, in Dubai. YOU would not dare to go out without your head covered in Jeddah. </p> <p>YOU would not dare to buy an employee of the telephone exchange in London at 10 pounds (Rs.650) a month to, 'see to it that my STD and ISD calls are billed to someone else.'YOU would not dare to speed beyond 55 mph (88 km/h) in Washington and then tell the traffic cop, 'Jaanta hai main kaun hoon (Do you know who I am?). I am so and so's son. Take your two bucks and get lost.' YOU wouldn't chuck an empty coconut shell anywhere other than the garbage pail on the beaches in Australia and New Zealand . </p> <p>Why don't YOU spit Paan on the streets of Tokyo? Why don't YOU use examination jockeys or buy fake certificates in Boston??? We are still talking of the same YOU. YOU who can respect and conform to a foreign system in other countries but cannot in your own. You who will throw papers and cigarettes on the road the moment you touch Indian ground. If you can be an involved and appreciative citizen in an alien country, why cannot you be the same here in India? </p> <p>Once in an interview, the famous Ex-municipal commissioner of Bombay, Mr. Tinaikar, had a point to make. 'Rich people's dogs are walked on the streets to leave their affluent droppings all over the place,' he said. 'And then the same people turn around to criticize and blame the authorities for inefficiency and dirty pavements. What do they expect the officers to do? Go down with a broom every time their dog feels the pressure in his bowels? </p> <p>In America every dog owner has to clean up after his pet has done the job. Same in Japan.<br> Will the Indian citizen do that here?' He's right. We go to the polls to choose a government and after that forfeit all responsibility. </p> <p>We sit back wanting to be pampered and expect the government to do everything for us whilst our contribution is totally negative. We expect the government to clean up but we are not going to stop chucking garbage all over the place nor are we going to stop to pick a up a stray piece of paper and throw it in the bin. We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms. </p> <p>We want Indian Airlines and Air India to provide the best of food and toiletries but we are not going to stop pilfering at the least opportunity.<br> This applies even to the staff who is known not to pass on the service to the public. </p> <p>When it comes to burning social issues like those related to women, dowry, girl child! and others, we make loud drawing room protestations and continue to do the reverse at home. Our excuse? 'It's the whole system which has to change, how will it matter if I alone forego my sons' rights to a dowry.' So who's going to change the system? </p> <p>What does a system consist of? Very conveniently for us it consists of our neighbours, other households, other cities, other communities and the government. But definitely not me and YOU. When it comes to us actually making a positive contribution to the system we lock ourselves along with our families into a safe cocoon and look into the distance at countries far away and wait for a Mr.Clean to come along & work miracles for us with a majestic sweep of his hand or we leave the country and run away.</p> <p>Like lazy cowards hounded by our fears we run to America to bask in their glory and praise their system. When New York becomes insecure we run to England . When England experiences unemployment, we take the next flight out to the Gulf. When the Gulf is war struck, we demand to be rescued and brought home by the Indian government. Everybody is out to abuse and rape the country. Nobody thinks of feeding the system. Our conscience is mortgaged to money. </p> <p>Dear Indians, The article is highly thought inductive, calls for a great deal of introspection and pricks one's conscience too.... I am echoing J. F. Kennedy's words to his fellow Americans to relate to Indians..... </p> <p>'ASK WHAT WE CAN DO FOR INDIA AND DO WHAT HAS TO BE DONE TO MAKE INDIA WHAT AMERICA AND OTHER WESTERN COUNTRIES ARE TODAY'</p> <p>Lets do what India needs from us.</p> <p>Thank you,</p> <p>Dr. Abdul Kalam</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/07/10/dr-abdul-kalam-s-speech-to-the-citizens-4427672/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-07-06:/2008/07/06/criminal-case-against-top-ias-official-4409224/ripfkerala-fightcorruption2008-07-06T07:21:23+02:002008-11-28T08:07:53+01:00 <p>CMP filed against top officials of Finance Depart for forgery and tampering of official records of “One Rank One Pension" File.</p> <p>Please read our previous post: ‘Join the Legal Battle’</p> <p> RIPF has filed a criminal case before the Hon’ble Judicial First Class Magistrate Court, Thiruvananthapuram against former Finance Principal Secretary Jose Cyriac in the cadre of Addl. Chief Secretary now on central deputation and other top officials of Finance Department for forging and tampering of government records relating to the disposal file leading to 2006 Pension Revision ‘One Rank One Pension’ scheme. The other accused are Finance Pension Wing former Additional Secretary Ponnamma Mathew, Additional Secretary D. Solamon, Deputy Secretary A. R. Ajayakumar, Accounts Officer S.V Kala, and Section Officer V. Ajayakumar.</p> <p> The Hon’ble Court has initiated enquiry proceedings of the alleged forgery, tampering causing disappearance of evidence,destruction of documents to prevent its production as evidence, and has summoned two IAS officials former Expenditure Secretary Ishitha Roy (now district collectorKannur) former Finance Secretar in charge Sri. Paul Antony (present SC/ST Secretary)who arw witness in the case and who had been in the process of the file leading to 'One Rank One Pension' scheme.</p> <p>The complaint petition alleged that the accused had manipulated the file pertaining to 'one rank one pension'scheme by tampering with 116 pages of the file with the intention of denying the benefit of the one rank one pension scheme to a section of the pensioners retired in between 1-7-2004 and 31-3-2004.</p> <p>The case is posted for hearing on the 26th of July 2008.</p> <p><u>CMP against top officials of Finance Depart for forgery and tampering of official records of “One Rank One File”</u></p> <p>Please read our previous post: ‘Join the Legal Battle’</p> <p> RIPF has filed the criminal case before the Hon’ble Judicial First Class Court III, Thiruvananthapuram against top officials of Finance Department including a top IAS officer who is in the cadre of Additional Chief Secretary, now on deputation to Central Service for forging and tampering of government records relating to the disposal file leading to 2006 Pension Revision ‘One Rank One Pension’ scheme. </p> <p> The Hon’ble Court has initiated enquiry proceedings of the alleged forgery, tampering and destruction of evidence and has summoned two IAS officials former Secretary in-charge and the Expenditure Secretary, Finance Department, the then Under Secretary and the Director of Treasuries who had included in the process of the file in question. </p> <p>Please offer youe comments.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/07/06/criminal-case-against-top-ias-official-4409224/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-07-06:/2008/07/06/kerala-the-highly-corrupt-states-4409189/ripfkerala-fightcorruption2008-07-06T06:45:14+02:002009-03-18T17:53:28+01:00 <p>KERALA AMONG THE THREE HIGHLY CORRUPT STATES IN INDIA </p> <p> A report brought out by Transparency International India (TI India) and the Centre for Media Studies (CMS) has revealed that Karnataka, Tamil Nadu and Kerala are among the highly corrupt states, while only Andhra Pradesh features on the list of moderately corrupt states. The report has categorized various states into alarmingly corrupt, very highly corrupt, highly corrupt and moderately corrupt. Assam, Bihar, Goa, Jammu & Kashmir, Madhya Pradesh and Nagaland are in the category of alarmingly corrupt.</p> <p> Sri. Hameed Ansari, Vice President, while releasing the report said that “corruption is pervasive and cancerous, eating at the very root of the social fabric of society.” Across the country, the total amount paid as bribes by rural BPL households in the last one year to avail the benefit of the National Rural Employment Guarantee Scheme (NREGS) has been estimated at Rs.71.5 million. The study said that more than half the households paid bribes directly to the concerned government staff.</p> <p>The police top the chart in terms of monetary contribution to corruption. The second highest among the surveyed services is land records and registration. The BPL households in India have paid a whopping Rs.9,000 million to avail the basic and need based public services. Five basic services – the public distribution system, hospital, school education electricity and water supply – and six need based services – NREGS, land records and registration, forest, housing, banking and police service – came under the purview of the study. </p> <p>Chairman of the Centre for Media Studies N. Bhaskara Rao said that the RTI Act, social auditing and e-governance had helped significantly to bring down the level of corruption in our country. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/07/06/kerala-the-highly-corrupt-states-4409189/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-07-06:/2008/07/06/ripf-impact-4409187/ripfkerala-fightcorruption2008-07-06T06:40:42+02:002008-09-23T08:35:55+02:00 <p>Please see our post ‘Success Story’</p> <p> After having published the short-list of candidates to the post of assistants on 9 – 10 – 2007 in response to our RTI application dated 6 – 8 – 2007 and the RTI appeal dated 9 – 9 – 2007 the Kerala University (K U) has gone ahead with the interview of 2114 persons for selection for the 400 vacancies during November 15 to December 20. K U Vice-Chancellor informed the media on 26 – 10 – 2007 that the total marks for the test and interview will be on a 75:25 ratio (against the norms of 20 marks fixed by the PSC) after analyzing factors like academic performance and extra-curricular activities and hand-writing, and the members of the interview board were picked strictly in accordance with the rules. The interview board consists of Vice-Chancellor M.K Ramachandran Nair and syndicate members (all of the CPM fellow-travelers and office bearers) B.S Rajiv, A.A Rasheed, K.A Andrew and M.P Russel. The mark for the written test was 100, but the selection committee decided to revise it to 75. So marks scored by the candidates have been proportionately reduced. This would mean that the marks for the interview would come to around 33.33 percent of the marks for written test. Those who scored upto 64 marks out of 100 in the written test were called for interview. The highest mark scored was 91. 150 appointments will be made in the first phase. One of the allegations was that some applicants with high marks in the written test were eliminated in the interview process.<br> After the selection process were completed one-third of 200 candidates who were selected for appointments to the post of assistants are either close relatives or associates of CPM link party men - daughter-in-laws, daughters, brothers, two children of pro-CPM private teachers organization AKPCTA, son and daughter of CPM local committee Secretary. One of the notable inclusions in the list is the daughter of the present opposition leader’s special private secretary’s daughter. Of the first 160 rank-holders in the list, 110 are from Thiruvananthapuram 15 are from the native place of a syndicate member, two are the neighbors of the VC and one is the nephew of the Pro-VC.<br> Flouting all the norms, the KU syndicate had authorized the VC to do the tabulation work of the assistant test which was done in the personal computer of VC. According to sources, the tabulation of the marks was personally monitored by him. The usual practice was to tabulate the marks of such examinations in the confidential room of the Registrar under his supervision. Now the UPA Lokayukta came out heavily on the KU for failing to produce OMR answer sheets and other related documents of the selection process and also suo moto included Pro-VC as the third accused in the case before it filed by a senate member of KU. The VC and the Registrar are the first and the second accused.</p> <p>Present stage of the case: It is lagging before the toothless Lok Ayukta for the last three months without any decision</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/07/06/ripf-impact-4409187/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-04-28:/2008/04/28/water-logging-in-capital-city-4106250/ripfkerala-fightcorruption2008-04-28T17:57:05+02:002008-04-28T17:57:05+02:00 <p><strong>Suggestions by RIPF </strong></p> <p>There has been continuous knee-high flooding during the rainy season for the last fifteen years at Thampannoor, Pazhavangadi and East-Fort. Crores of rupees had been spent by our political masters and engineers to prevent the water-logging problem of the Capital City. The last one being the elevation of roads levels up to 3 Meters at Thampannoor, Power-house road and Pazhavangzdy culverts beyond the rail lines under which the canal flows ignoring the principle of “Thana Nilathe Neerodu”, the result of which was water-logging and flooding beyond knee-high at Pazhavangadi & Thampannoor during short duration intense rainfall. </p> <p>Now it is the turn of the Cabinet Sub-committee to resolve a permanent solution to this water-logging. But Alas, in its first meeting they have again decided to constitute a technical committee involving top officials and engineers of PWD, Irrigation & LSGD to collate and study the proposals of various departments both urgent/temporary and long-term action. Trivandrum citizens know the inability of our engineers to find a solution to the flow of water in Thampannoor-Pazhavangadi-Thakaraparampu-Kannammoola-Amayizhanajn canal which passes through the heart of the city. This is the single major reason for the regular flooding. Is it again an attempt of a criminal waste of public money by our engineers, as in the past? </p> <p> While the widening and improvement of the Thampannoor – Over bridge Road and the M.G. Road (PMG Melepazhavangady sector) and its drains & culverts are in progress, though at a snail’s pace, any temporary measures to prevent the flooding would become wastage of money. The City citizens are now in a mood to tolerate the ill deeds of the authorities. So think only about a permanent solution! Hence RIPF proposes the following suggestions:</p> <p>CO-ORDINATION OF THE RAILWAYS:<br> Thiruvananthapuram Division of Southern Railway recorded the highest ever earning of Rs.611 crore for the year 2007-08 which is 21% more than the previous year and the major share is from Trivandrum station. Thampannoor railway station and its yard also faces flooding situation. The Thampannoor-Pazhavangady canal passes under the railway lines. The blunder of elevating the rail lines cannot be possible. So widening of the existing canal under rail-lines will be the first priority. State Government cannot tress-pass into the railway area and executes this work. So the Railways have enough funds to execute the work.</p> <p> OUTSIDE HELP THROUGH CONSULTANCY / TECHNICAL EXPERTS:<br> So as to ensure smooth and free flow of water through the Amaizhanchan canal during the rainy season as well as the other season so as to prevent the water-logging problem and to find a way to remove pollutants from the water government will have look into the following issues:</p> <p>1. A permanent solution is still to be evolved to deal with the pollution in Parvathy Puthanar to which the Amayizhanthan Thode is connected. (The sewage discharge from Valiathura to Parvathy Puthanar is posing a threat to water body and the high levels of pollution have created unsanitary conditions for the people.)</p> <p>2. Evolve proper management of surface water drainage programme. (During the 60’s and 70’s there were the NMR system under PWD for the surface water drainage.) Long-term contracts for improvement and maintenance of the drains may be considered.</p> <p>3. Outsourcing of periodical cleaning of the drains and cuverts of city roads to voluntary agencies like the FRAT and its supervision by the local resident associations. (Almost all the hotels (big & small) and multistoried institutions and flats releasing waste water into the drains. They had punchered the side of the drains to discharge the water.)</p> <p>4. Stop illegal construction under the shadow of road – widening which affects the drains on road sides. </p> <p>5. Avoid inordinate delay in execution of flood-management works because of the nexus between engineers and the contractors, resulting in massive cost over-run, stressing the need to evolve technologies which are low-cost.</p> <p>6. Time bound (daily) programme for collection and removal of solid waste from the township area. (Dumping of waste results in unpleasant odour and air pollution; generation of leacha to polluting ground water and surface water and fly mosquito breeding.)</p> <p>7. Implementation of the works in a transparent and accountable manner. The expenses would be put under the scanner by the implementation committee consisting of representatives of people, trading community, members of FRAT, Finance Inspection wing and the PWD Secretary and a social auditing considered to see that the contractors and engineers adhered to the best practices and that these practices were made transparent and accountable.</p> <p>PRESCRIBE PUNITY MEASURES IN ADVANCE.</p> <p> The citizens of Trivandrum need quality benchmarks and quality assurance, like the one as we have for the N.H. So Government would set certain guidelines so as to avoid irregular tender excess. Punity measures planned by Government against officials and Contractors who were responsible for cost – escalation in total disregard of the programmes should be prescribed in advance. Sincere efforts on the part of the officials and contractors will be rewarded. The past expenses, a day light robbery and blamed the collusion between unscrupulous contractors and corrupt bureaucrats. Prescribe initiation of criminal proceedings against delinquent engineers and contractors (prima facie found responsible) for their irregular dealing causing loss to the exchequer before effecting final payment. The amount will have to be recovered from the officials and contractors equally, giving no scope for a vigilance enquiry. </p> <p>TRANSPARENT AND ACCOUNTABLE IMPLEMENTATION:</p> <p> We are all concerned about the fact that we invest crores every year in city road construction, improvements and maintenance and yet every monsoon our city roads get worn out. A major reason for the poor quality of road works was corruption. The City Roads Improvement Programme (CRIP) had come three years ago. However, the much heralded projects with sugar – coated assurances died a slow painful death owing entirely to the laxity of the authorities. </p> <p>To prevent time and cost over-runs the work of prevention of water logging in the Capital City, Government may explore the possibility of entrusting the work with outside technology through the formation of a “Special Purpose Vehicle” (SPV) under public – private partnership on a priority basis.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/04/28/water-logging-in-capital-city-4106250/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-04-13:/2008/04/13/2-days-seminar-on-rti-4036711/ripfkerala-fightcorruption2008-04-13T07:42:20+02:002008-04-13T07:42:20+02:00 <p><strong>Regional Seminar on RTI jointly organized by MEDIACT, MICCI &FES-INDIA on 30-31 March, 2008, Hotel Horizon, Thiruvananthapuram</strong> Presentation by the Secretary, RIPF</p> <p> 31-3-2008</p> <p>The Information Commissions are the custodian of RTI Act. People appeal to the Commission against the difficulty in getting access to the official information and the Commission is the powerful tool to break the iron curtain of the official non-cooperation. An informed citizen is a better judge of the leadership. So the Commission has to maintain transparency and accountability in its decisions on the complaints and appeals. But we can see that in the past 27 months functioning of Kerala State Information Commission (KSIC), lacking transparency and accountability in its decisions. </p> <p>Section 4 of the RTI Act,2005 makes it obligatory for pro-active disclosure of the particulars of 1) Commission’s organization, functions and duties 2) the procedure followed in the decision making process, including channels of supervision and accountability, and 3) the norms set by it for the discharge of its functions. The Central Information Commission and all the other State Information Commissions have such rules of procedure. They have published such pro-active information envisaged under sec. 4 of RTI Act and have posted on their websites.</p> <p>RTI application by RIPF Jerks the State Information Commission (SIC)</p> <p>In the three issues of the Kerala Information Commission’s Quarterly Journal “Kerala Information Reporter” it can be seen that in all the orders included in the reporter the authenticity of such decisions are not given. The details of appellants/complainants and the respondents are given but at what levels and by which Information Commissioner(s), have taken such decisions are not given. </p> <p>In KSIC, an appeal or a complaint or categories of appeals and complaints are being heard and decided by its promoters, a Single information Commissioner or a Division Bench of two Information Commissioners or a Full Bench of four Information Commissioners. So the people who read the “Kerala Information Reporter” must know the details about the promoter(s) of each and every decision and thereby the KSIC must maintain the possibility of transparency and accountability, obtained through Right to Information by the citizens.</p> <p>So the KSIC, which is to hear appeals and to administer the RTI Act, is lacking transparency and accountability in its functioning and the facts obtained from the Commission’s file under RTI applications are bewildering and reveals how they have throttled the transparency Act.</p> <p> To an RTI application of RIPF about the “Rules of Procedure” in KSIC’s decision making and work distribution among the Information Commissioners of KSIC, the Commission by its letter Nos. 7554/SIC-PIO/2007 dated 20-11-2007 and 28-12-2007 has informed that ‘the KSIC hasn’t have such rules of procedures and have not issued any orders on work distribution among the Information Commissioners’<br> But such decisions available with the web site: ‘www.infokerala.org.in’ of the Commission, reveals that there are such rules of procedure and work distribution. So the Commission is lying and has given false and misleading information to RIPF.</p> <p>The following judgments disseminated in the Commission’s website ‘www.infokeral.org.in’ reveals that the KSIC has its own Rules of Procedure and work distribution:<br> Decisions of KSIC<br> Date Title<br> 20-04-2007 Decision in AP number 57/2007/SIC filed by Shri. Sijo Abraham</p> <p>20-04-2007 Decision in CP no: 130/2007/SIC filed by Smt. V.Santhanavally</p> <p>20-04-2007 Decision in AP no: 161/2006/SIC filed by K.P. Vijayakumari</p> <p>20-04-2007 Decision in AP number 74/2006/SIC filed by Shri.B.V.Kakkillaya</p> <p>The first one (appeal No. 57/2007/SIC) was heard and decided by the Division Bench of the Commission consisting of S/Sri. Palat Mohandas (CIC) and V.V. Giri (IC). The second one (appeal No. 130/2007/SIC) by the single bench Sri. P.N. Vijayakumar (IC). The third one (161/2006/SIC) by the Full Bench consisting of CIC and 3 ICs. The fourth one (appeal No.74/2006/SIC) by Division Bench consisting of S/Sri. Palat Mohandas (CIC) and Sri. P.N. Vijayakumar (IC)</p> <p>This web site of KSIC is not available now in the site. Instead a new web site ‘www.keralasic.gov.in’ has been opened. In this new web site also they have not included the pro-active disclosure about the procedure followed in the decision making process by the Information Commissioners and its transparency and accountability as envisaged under sec.4 of the RTI Act. The important decisions taken by the Commission are also not posted in the site.</p> <p>The KSIC is not supposed to change the fundamentals of RTI Act. But KSIC has illegally jacked up its enquiry proceedings to fatten the bureaucracy. Such kind of collusion will do incalculable harm to citizenry rights. There is enough evidence and materials on record which justifies an enquiry by His Excellency the Governor of Kerala, under section 17 of RTI Act, about the 27 months’ functioning of the Kerala State Information Commission. </p> <p> N. Rajendran<br> Secretary (RIPF)</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/04/13/2-days-seminar-on-rti-4036711/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-03-11:/2008/03/11/hall-of-fame-3856052/ripfkerala-fightcorruption2008-03-11T13:04:07+01:002008-06-27T08:17:34+02:00 <p>“<strong>Citizen has the right to know Cabinet decision”</strong></p> <p> Print media reports are there on 02-03-2008 in the ‘Indian Express’ and the ‘Hindu’ that the State Information Commission in a complaint by T.Asafali, president of the Thalasserry based People’s Council for Civil Rights, ordered that a copy of the Cabinet decision with relevant notes sought by the citizen should be given to him within 15 days.</p> <p> Indian Express reports that, “when a complaint against the rejection was lodged, the public information officer of the Home Department, K.K. Ramani was summoned by the <strong>State Information Commissioner.</strong> The Commissioner found that the rejection of information under sec. 8(1) (i) of the RTI Act was not justifiable. The <u>Commissioner </u>found that PIO of Home Department is responsible for the disposal of the request and ordered to supply a copy of the Cabinet decision with relevant notes to the citizen who made the request for information. </p> <p><strong>Which Information Commissioner did it?</strong> </p> <p>But the name of the Commissioner who issued such an order / directive has not seen mentioned in the media reports. On an informal inquiry with the Commission officials it is told that such an order was passed against a complaint No. CP 456/2006 registered with the Commission, but they are reluctant to disclose the name of the Information Commissioner. </p> <p><strong>Why such a secrecy?</strong></p> <p>The Commission’s Quarterly journal “Kerala State Information Reporter” Vol I (issues I, II & III) contains important orders issued by the Commission. In all these orders included in the Reporter, the details of appellants and the respondents are given but by which Information Commissioner(s) and at what level(s); whether by a single bench/division bench/Full bench; have taken such decisions have not seen mentioned. The Annexure V to the Annual Report2006-2007 also do not have such details. So the decisions of the Commission are lacking transparency and accountability in the administration of RTI Act. Such decisions of the Commission without the authenticity of its promoters throttle the RTI Act.</p> <p>But in the case of 4 decisions of SIC in their website (www.infokerala.org.in)it can be seen that the 1st (AP No.57/2007/SIC) and the $th (AP No.74/2006/SIC)were decided by the Division Bench of two Information Commissioners, the 2nd (CP No.130/2007/SIC)by a single Information Commissioner and the 3rd (AP No. 161/2006/SIC)by the Full Bench of 4 Information Commissioners and also the names of the Information Commissioners are seen mentioned in the web-copy of decisions.</p> <p>The Commission is the custodian of RTI Act. People appeal to the commission against the difficulty in getting access to the official information and the commission is the powerful tool to break the iron curtain of the official non-cooperation.An informed citizen is a better judge of the leadership. Secrecy leads to misunderstanding; and misunderstanding leads to misinterpretation of facts.ACCOUNTABILITY and its exercise is central to healthy functioning of any system. The Commission is rather sick in this regard.</p> <p>(Section 4 of the RTI Act, 2005 provides for pro-active disclosure of the particulars of 1) Commission’s organization, functions and duties 2) the procedure followed in the decision making process, including channels of supervision and accountability, and 3) the norms set by it for the discharge of its functions.)</p> <p>This provision is equally applicable to State Information Commissions also. The other State Commissions and the Central Information Commission have such pro-active disclosure. We demand transparency and accountability in SIC decisions and effective usage of RTI through e-governance.</p> <p>However, RIPF put such kind of orders / directives of the Information Commissioner in disguise, to give access to Cabinet Notes to the citizens in the ‘HALL OF FAME’. Please read this and if you also have more about such kind of valuable decisions, put it in the hall of fame and offer your comments.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/03/11/hall-of-fame-3856052/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-03-11:/2008/03/11/media-reports-3854633/ripfkerala-fightcorruption2008-03-11T08:37:50+01:002008-03-11T08:37:50+01:00 <p>The New<br> Indian Express Kochi</p> <p>SIC fails to redress grievance<br> Monday March 10 2008 11:10 IST </p> <p>Manu Bharat<br> KOCHI: The Right to Information Act has undoubtedly proved to be a powerful weapon to bring transparency to the administration. But unfortunately, the implementing authority, the State Information Commission (SIC), doesn’t seem to address the grievance of the appellants satisfactorily. </p> <p>The Right to Information Protection Forum (RIPF), an organization fighting for the right to information, has alleged that the Commission lacks the spirit of the rule in its functioning. As a justification for the allegations, the personal experience of the forum’s secretary has been pointed out. </p> <p>The secretary of the forum N Rajendran filed an application under RTI Act seeking information on a government order relating to `One-Rank One-Pension’. Though the application was filed on May 5, 2006, he hasn’t yet received the required information. </p> <p>``The Principal Information Officer of the Finance Department and the appellate authority gave me incorrect, incomplete and misleading information withholding 116 pages of the document and tampering with page numbers,’’ Rajendran said. The second appeal was filed by him before the Commission on August 23, 2006. The appeal No 99/2006/SIC was heard by the division bench of the Commission on November 7, 2006. The division bench, which found that the authorities had misled the appellant, issued directions to the department to provide him the missing pages. The order said that failure to comply with the direction would invite action under penal clause Section 20(1) of RTI Act. </p> <p>``Ignoring the findings of the division bench and without informing the two commissioners who headed my case, another commissioner, who had not even been present at the hearing, dismissed the appeal,’’ said Rajendran. He later filed a Special Leave Petition on the matter which is still pending before the Commission. </p> <p>To an RTI application filed by the RIPF about the `Rules of Procedure’ in decision-making and work distribution among the Information Commissioner, the Commission through a letter (No:7554/SIC-PIO/2007 dt 28.12.2007) informed that the ``SIC doesn’t have such procedures and has not issued any such orders’’. </p> <p>``If the Commission fails to elicit the necessary information for the public from top bureaucrats, then the existence of such an authority itself is irrelevant,’’ he said.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/03/11/media-reports-3854633/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-02-19:/2008/02/19/plight_of_undertrials_in_jails~3748266/ripfkerala-fightcorruption2008-02-19T07:38:33+01:002009-04-24T11:26:33+02:00 <p>The Supreme Court directs Centre, State,UTs to consider plight of the undertrials.<br> The Supreme Court, considered the plight of about 375 undertrials languishing in jails of India without trial for a long time, directed that those prisioners who have already served more than the maximum sentence shall be immediately released.</p> <p><u>Kerala tops the list with 57 undertrials in its jails, without trial due to administrative negligence.</u><br> Interestingly Bihar has NIL, while West Bengal has 49 such victims of callousness of the administration. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/02/19/plight_of_undertrials_in_jails~3748266/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-02-12:/2008/02/12/rti_help_desk~3716213/ripfkerala-fightcorruption2008-02-12T12:58:22+01:002008-02-12T12:58:22+01:00 <p>The Right to Information Act, a silent revolution, became effective from 15-06-2005. The law grants a right to the citizens to question their governments, inspect government records, take copies thereof and participate in day-to-day governance. There is no secrecy anymore in governance, except the exempted information (Sec.8 & 9)</p> <p> Right to Information Protection Forum (RIPF) is an independent not for profit NGO registered in Kerala under the Charitable Societies Act. To facilitate citizens file correct RTI application, a Help Desk has been set by RIPF.</p> <p>Contact:<br> e-mail : <a href="mailto:ripfkerala@gmail.com">ripfkerala@gmail.com</a><br> SMS / call : 9447345122 / 0471 2531159<br> By Post : Secretary, RIPF<br> TC-10/1068 (1), ARA 100<br> Vilabhagom Gardens<br> Mannanthala, Thiruvananthapuram 695015<br> <u><br> Procedure for seeking information</u></p> <p>I. <u>The application procedure</u></p> <p>1. Apply in writing to the SPIO, specifying the particulars of information sought for.<br> 2. Reasons for seeking information are not required to be given.<br> 3. You should deposit Rs. 10/- as application fee.<br> 4. There is no prescribed form of application. The application can be made on plain paper. The applicant should, however, have the name and complete postal address of the applicant.<br> 5. The information that you ask for should be very precise. If you ask vague questions you will get vague answers.</p> <p>II. <u>What is Information?</u></p> <p>Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in an electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force. </p> <p>III. <u>What is the fee? </u></p> <p>1. Application fee of Rs. 10/- (Rupees ten only)<br> 2. For availing copies<br> a) Rs.2/- for each page in ‘A4’ size paper<br> b) actual cost or price for samples or models etc.<br> c) for inspection of records, no fee fir the 1st hour, and a fee of Rs. 10/-for every subsequent 30 minutes.<br> d) in diskette or floppy or CD, Rs. 50/- (for each)<br> The application fee shall be by affixing court fee stamp or by cash remittance in the office of the SPIO or by demand draft/banker’s cheque/pay order or by remittance through Govt. Treasury under the h/a “0070-60-800-42 other items” – Please refer Govt. Notification in No. 11259/Cdn.5/2006 dated9-5-2006.</p> <p>IV <u>Time limit for getting information</u></p> <p>1. 30 days from the date of application<br> 2. 48 hours for information concerning the life or liberty of a person<br> 3. If the interest of a third party are involved then time limit will be 40 days<br> 4. failure to provide information within the specified period is a deemed refusal</p> <p>V <u>What could be the ground for rejection ?</u></p> <p>1. If it is covered by exemption from disclosure. (Sec.8)<br> 2. If it infringes copyright of any person other than the Stat. (Sec.9)</p> <p>VI <u>Who are State Public Information Officers? (SPIO)</u></p> <p>SPIOs are officers designated by the public authorities in all administrative units of offices under Government to provide information to the citizens requesting for information under the Act. Any officer, whose assistance has been sought by the SPIO for the discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this act, such officer shall be treated as SPIO.</p> <p>VII <u>What are the duties of a SPIOs?</u></p> <p> SPIO shall deal with requests from persons seeking information and to render all assistance to such person.<br>  If the information requested is held by another public authority, the SPIO shall transfer the same, within 5 days, to such public authority and inform the applicant immediately.<br>  SPIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the information on payment of such fee or reject the request for any of the reasons specified in Sec. 8 or Sec. 9.<br>  If the SPIO fails to give decision within the period specified, he shall be deemed to have refused the request, and the fact intimated to the applicant (i) the reasons for such rejection, and (ii) the particulars of the Appellate Authority with the name and designation.</p> <p>VIII. <u>First Appeal </u> </p> <p> If an applicant is not supplied information within the prescribed time of 30 days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in the rank of SPIO. Such an appeal should be filed within a period of 30 days from the date of which the limit of thirty days of supply of information is expired or from the date on which the information or decision of the SPIO is received. He is to take a decision within 30 days of your filing appeal.</p> <p>IX. <u>Second Appeal </u> </p> <p> If you do not get a satisfactory response within 30 days from the first appellate authority or if the appellant is not satisfied with the order, he may prefer second appeal with the State Information Commission within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant. Every appeal has to be filed before the Commission with self attested copies of the impugned order and copies of the documents with proper index.</p> <p> (The Information Commission has also jurisdiction to receive and inquire into complaints under section 18 of the Act, if the applicant face any harassment from the public authorities)</p> <p>X. <u>Disposal of appeals and complaints by the Commission</u></p> <p> The only drawback in the Act is that specific timeframe hasn’t fixed for the disposal of appeals by the Commission. </p> <p>XI. <u>Mandatory Disclosure by Public Authorities</u></p> <p> The Act makes it obligatory for every public authority to make self-disclosure in respect of the particulars of its organization, functions, duties, etc. as required by XVII items under section 4 (1) (b) of the Act. Section 4 (1) (a) of the act requires that the Public Authorities shall maintain all its records duly cataloged and indexed in a manner and form which facilitates the right to information. Some public authorities have published such information and have posted on their websites.</p> <p>XII. <u>The Punity Sting</u></p> <p> The Act provides for punishment including penalty to the State Public Information Officers, Appellate Authorities and other employees of the Public Authorities. The defaulted officers are liable to be fined and are also subject to disciplinary jurisdiction under the concerned Service Rules, subject to adjudication by the Commission, under section 20 of the Act for following offences:</p> <p>1. not accepting an application;<br> 2. delay in furnishing information without reasonable cause;<br> 3. malafidely denying information;<br> 4. knowingly giving incomplete, incorrect, misleading information;<br> 5. destroying information that has been requested.</p> <p>According to Section 19 (8) (b) of the Act the State Information Commission has the power to grant certain amount towards compensation, by the officials under the public authority, for any loss or other detriment suffered by a complainant.</p> <p>-<br> <p class="center">Don’t pay bribes to do the work for you, keep a check on that. Use Right to Information. Corruption is the misuse of public office for personal gain - </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/02/12/rti_help_desk~3716213/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-01-26:/2008/01/26/join_the_legal_battle~3635791/ripfkerala-fightcorruption2008-01-26T17:08:45+01:002008-01-27T10:04:55+01:00 <p><u>RTI activists seek permission of government to prosecute Finance Secretariat officials for forging and tampering with official records</u> </p> <p>The Right to Information Protection Forum (RIPF), a registered forum of civil rights activists, has sought permission of the Chief Secretary to prosecute the officials of Finance Dept including Sri. Joce Cyriac, Principal Secretary (Finance), now Additional Chief Secretary, under section 197 of the Code of Criminal Procedure 1973, for forging and tampering the official records of the disposal file leading to ‘one rank one pension’ government orders issued in G.O (P) 180/2006/Fin. dated 18-4-2006.</p> <p>On an RTI application with the Public Information Officer of Finance Dept. it is found that 116 pages from the current file section are seen removed and the remaining pages re-numbered with blue sketch pen, which did not match with the Note File of the disposal. </p> <p><u>“The Cabinet decisions are communicated only in the form of Government Orders.” </u>A note is written by a secretariat official to facilitate the disposal of a Govt. Order, which may contain a precise of proposals and suggestions made in the current file, regarding the course of action and final orders passed thereon. In file processing the opinions and suggestions contained in the notes shall be reflected in the current file.There is an intrincical complementary relatioship to both the note file and current file.</p> <p>Though the Note file has 1 to 17 paragraphs in action, only the action taken documents as per paragraph 17, i.e. the e-records (electronic-records) of the approved G.O signed by the then Finance Secretary (in-charge) alone is available in the disposal file and the same is only match with the Current File (Correspondence File) and the Note File. All other corresponding documents (116 pages) with reference to paras 1 to 16 of the note file have been removed or destroyed.</p> <p>Neither the 1st draft put up on 8-3-06 nor the final draft put up on 13-4-06 revised by Principal Secretary (Finance) are available with the current file section and either the minutes of the high level meetings convened by the Principal Secretary (Finance) or its deliberations are removed from the disposal file, on a comparison with the Note File, which reveals that forgery in official file has been committed. On an appeal under RTI Act with the State Information Commission, it has been observed that the 116 pages removed from the file are part and parcel of the file and the same do not be removed. </p> <p>The advent of IT and e-governance has changed the mode of working of almost all the spheres of governmental business. Almost all the drafts are in e-records (electronic – records). Section 6 of the IT Act recognizes use of e-records. Section 7 of the Act provides for retention of e-records.<br> The term e-records, with reference to information means any information generated, sent, received or stored in a computer memory. So an e-record is not prone to tampering unlike paper based records.So the public authorities have committed a criminal offence.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/01/26/join_the_legal_battle~3635791/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-01-25:/2008/01/25/join_the_legal_battle~3629303/ripfkerala-fightcorruption2008-01-25T08:25:59+01:002008-01-26T17:05:57+01:00 <p>RTI Act Jerks the State Information Commission (SIC)</p> <p>The division bench of SIC consisting of 3 information commissioners namely Sri. Palat Mohandas, Sri. P. Fazaludeen and Sri. V.V. Giri, on 7-11-2006 considered the RTI appeal No.99/2006 relating to suppression of very valuable facts and furnishing misleading, incorrect and incomplete information by the public authorities of State Finance Department.</p> <p> The important finding of the division bench is that the authorities have misled the appellant by suppressing 116 pages of official records which are part and parcel of the file, and tampering of remaining pages. (The remaining pages from 117 are re-numbered in blue sketch pen scoring original page numbers marked in ink). SIC had also held that both the Note file and the Correspondence file should match and any pages found missing in the correspondence file would render the information incomplete. So the Commission has given directions to the Public Authorities of Finance Department to give access to full text of the file including the missing 116 pages within a week to the appellant, if not the Commission will exercise its penal clause under section 20 (1) of the RTI Act. (Vide - minutes of the 35th meeting of SIC held at 10.30 AM on 7-11-2006 under item No. 148 in Appeal No. 99/2006/SIC, obtained from File No. 2680/SIC-Gen/2006 under RTI Act by paying the required fees) Even then Finance Dept. has given misleading information and the set of 116 pages, stated to be the part files of the original file, kept in a separate bundle, proved that they are fake documents. These unauthenticated e-records, stated to be the part of the Current File did not match with the Note File of the disposal.</p> <p>Sri. Palat Mohandas IAS, an ex-bureaucrat and the Public authority Sri. Jose Cyriac IAS, a bureaucrat in power has colluded, coupled with malafide intention and discarded the provisions of RTI Act. Sri. Palat Mohandas has ignored the Division Bench findings of such violations and authorised Sri. P.N. Vijayakumar; another Information Commissioner, who hasn’t heard either the petitioner or the respondents on 7-11-2006, to adjudicate the said appeal. </p> <p>To an enquiry by RIPF about the Rules of Procedure adopted for disposal of appeals by a Single Bench / Division Bench / Full Bench of the Commission, the Secretary as per his letter No. 7554/SIC-PIO/2007 dated 28-12-2007 informed that the Commission has not issued any Rules of Procedure or work distribution among the Information Commissioners. But such decisions available with the partly finished web site: ‘www.infokerala.org.in’ of the Commission reveals that there are such rules of procedure and work distribution. So the Commission is lying and has given false and misleading information to RIPF.</p> <p>The CIC is not supposed to change the fundamentals of RTI Act; but he has illegally jacked up the enquiry proceedings of SIC to fatten the bureaucracy. Such kind of collusion will do incalculable harm to citizenry rights, as already pointed out to the Governor by the then Leader of Opposition during the selection process of an ex- bureaucrat as the CIC. There is enough evidence and materials on record which justifies an enquiry by His Excellency the Governor of Kerala, under section 17 of RTI Act about the functioning of the State Chief Information Commissioner.</p> <p><u>Such kind of illegal action by the SCIC has forced us to form RIPF (Right to Information protection Forum) Kerala.</u></p> <p>Please share your ideas as we are planning to move the court on the deliberate shielding of the corrupt by the highest level and such persons should be pulled up for their misconduct. </p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/01/25/join_the_legal_battle~3629303/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-01-25:/2008/01/25/hall_of_shame~3629282/ripfkerala-fightcorruption2008-01-25T08:17:11+01:002008-01-27T10:24:17+01:00 <p>Kerala State Chief Information Commissioner and the RTI Act, 2005</p> <p>A member of RIPF has had the opportunity to verify, under RTI Act, the file leading to the appointment of State Chief Information Commissioner (SCIC), as per the communication of Government letter No. 36680/Cdn.5/07/GAD dated 5-5-2007. According to this file, His Excellency the Governor has first rejected the nomination of Sri. Palat Mohandas as SCIC because of the dissenting opinion of the then Oppossition Leader Sri. V.S. Achuthanandan, and returned the file to the then Chief Minister. Documentary evidence to prove that the Leader of Opposition had been consulted in appointing the SCIC as laid down in RTI Act, is not available in the Govt. File. <u>If someone goes to the court of law and questions the validity of his appointment what will be his fate?</u></p> <p> In G.O (P) No. 367/05/GAD dated 10-10-2005 Govt. decided to constitute the ‘State Information Commission’ and <u>the then Chief Secretary Sri. Palat Mohandas IAS was appointed as the Special Officer (in-charge)</u> for submitting necessary proposals for the implementation of the Act. Finally the Special Officer himself has managed to get into the shoes of State Chief Information Commissioner, after his retirement. </p> <p>On hearing the name of him, for appointment as the SCIC, the present C.M and the then Leader of Opposition Sri V.S Achuthanandan objected to his appointment, because of the reason that he being an Ex- Bureaucrat, cannot maintain truth and allegiance to the RTI Act, and cannot perform the functions assigned to him in favor of the citizens, for whom the enactment was made for transparent and accountable governance by the bureaucracy. <u>(There were media reports at that time about this)</u> This doubt of the Leader of Opposition about discarding the RTI Act in favour of bureaucrats has become true in the case of appeal No.99/2006 considered by the Division Bench of the Commission. <u>For more details please read the post ‘RTI Act jerks the State information Commission’, under the caption ‘Join the Legal Battle’</u></p> <p>(According to the provision laid down under 15 of the RTI Act; Government have constituted a Committee consisting of the then (i) Hon. Chief Minister (Chairperson), (ii) Hon. Leader of Opposition and (iii) Hon. Minister for Finance and Excise (Members) for making recommendations to the Governor for the appointment of SCIC and 3 other State Information Commissioners.)</p> <p>Please use your comments section to give your views.</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/01/25/hall_of_shame~3629282/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-01-19:/2008/01/19/success_stories~3599450/ripfkerala-fightcorruption2008-01-19T10:01:50+01:002008-08-01T07:42:44+02:00 <p>A Quick Response from Unyielding University Authorities</p> <p>It has come to the notce of RIPF that the Kerala University had prepared a short list for selection and appointment of 400 vacancies of Assistants and decided to interwiew the candidates without publishing the shortlist. RIPF applied RTI on 6-8-2007 and the University authorities informed that "since the recruitment procedure is strictly confidential matter until the preparation of the final rank list and so they cannot publish the short list before interview." But on my appeal dated 9-9-2007 with the appellate authority under RTI Act, the Registrar of Kerala University was forced to publish the short list of the candidates.</p> <p>To my surprise, I have got a call on 8-10-2007, the due date of reply under RTI Act, from the Registrar's office and informed that the shortlist will be published on 9-10-2007 and the reply to my appeal will be sent soon. What a kind response? It wouldn't have been possible without RTI.</p> <p>Then the University Registrar as per his letter No. RTI/24982/2007 dated 31-10-2007 informed me the following information.</p> <p>Date of notification - 3-3-20o5<br> Total Number of applicants - 43358<br> Date of written test - 3-7-2005<br> Number appeared for written test - 37939<br> Date of finalisation of short list - 9-10-2007<br> (Important to note that on 6-8-2007 I have applied RTI and on 9-9-2007 the appeal and so the University Authorities are forced to publish the short list on<br> 9-10-2007)<br> Total number of candidates short listed - 2114<br> Date of publication of short list - 9-10-2007<br> Date/dates fixed for interview - November 2007<br> If I have not applied RTI the University Authorities might have conducted the interview without publishing the short list and so that the selection process will not be in a fool-proof manner.<br> Thanks to RTI Act, 2005.</p> <p>The RTI questionnaire dated 6-8-2007 to K U authorities</p> <p>1. The date of notification inviting application for the post of Assistant<br> 2. The total number of applications for the above post<br> 3. The date of conducting writtrn test and the total number appeared<br> 4. The authority which had conducted the written test<br> 5. The authority which had conducted the evaluation of answer papers<br> 6. The cut of mark if any fixed for short listing and the authority which had fixed the cut of mark and the date on which such a decision was taken<br> 7. The date of finalisation of the short list<br> 8. The total number of candidates shortlisted for interview<br> 9. The authority which had approved the short list<br> 10.The authority conducting the interview<br> 11.The date of publication of the shortlist and the authority under the University Statutes which is empowered to publish the shortlist, and if not published the reasons and explanations for not publishing the shotlist, before the interview<br> 12.Thedate / dates fixed for the interview</p> <p>All the above cites issues arw under scanning and review by the Kerala Lok Ayukta</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/01/19/success_stories~3599450/#comments">Comments</a> </small> </p>tag:ripfkerala-fightcorruption.blog.co.uk,2008-01-10:/2008/01/10/about_ripf~3555210/ripfkerala-fightcorruption2008-01-10T10:05:47+01:002008-01-28T07:11:44+01:00 <p>The RIPF (Right to Information Protection Forum) is a registered body of committed individuals working towards making our government and society more transparent and accountable, with relevance to which the Right to Information Act envisages:</p> <p>1. The right of any citizen of India to request access to information available with public authorities;<br> 2. The duty of government to pro-actively make available key information to all;</p> <p>What is information?</p> <p>Every citizen in India has the right to freedom of speech and expression guaranteed under sec. 19 (1) (a) of the Indian Constitution. The freedom of speech and expression is a preferred right even among the fundamental rights. The Right to information Act is merely an instrument that lays down the statutory procedure in the exercise of this right. The prerequisite for enjoying this right is knowledge and information. But without access to information, this was incomplete. The Supreme Court of India reaffirmed in the Airways case in 1995 that <u>“the freedom of speech and expression includes the right to acquire information and to disseminate it.”</u> Thus the law declared in India is clear. But for the last 57 years, the bureaucrats always kept guard on each information available with the public authorities as they were having the weapon of OSA (Official Secrets Act). Similarly the executive has the rules of disciplinary proceedings, judiciary has the contempt of court provisions and the legislature has the parliamentary privileges. </p> <p>Now with the legislation of the RTI Act, every citizen in India has actually got the right to free speech and expression which includes the right to receive and collect information and disseminate it. With the advent of RTI Act the country finally belongs to the citizen of India, and it has become a tremendous weapon for the common people. </p> <p>Objectives: </p> <p>The RIPF, a non-government organization, is committed to promote right to information movement. The aims and objects of RIPF shall be to work in all possible ways to encourage democratic values in governance, for strengthening of practices and systems and to ensure just, transparent and accountable governance, free from corrupt practices. </p> <p>Organisational structure</p> <p>RIPF is registered under the Travancore-Cochin Literary, Scientific & Charitable Societies Act. As per the requirement of Societies Act, there is a General Body of members of RIPF, which consists of 15 members. Out of the General Body, an Executive Committee consists of 7 members is elected, which is required to run RIPF. This includes President, Secretary, Treasurer and four executive members. This core team is responsible for carrying out the day-to-day activities of RIPF and is answerable to the General Body.</p> <p>Executive Committee Members</p> <p>Mr. M. Nandanan (President)<br> Mr. N. Rajendran (Secretary)<br> Mr. P.B. Rajendrababu (Treasurer)<br> Mr. K.S. Sivarajan<br> Mr. K.M. Jalaludeen<br> Mr. B. Sugathan<br> Mr. B. Sasidharan</p> <p>Contact us:<br> The Secretary, Right to Information Protection Forum (RIPF)<br> TC. 10/1068(1), Surya, ARA 100, Vilabhagom Gardens,<br> Mananthala, Trivandrum 695015.<br> email: <a href="mailto:ripfkerala@gmail.com">ripfkerala@gmail.com</a><br> Tel: (0471)2531159 Mob:9447345122</p> <p> <small> <a href="http://ripfkerala-fightcorruption.blog.co.uk/2008/01/10/about_ripf~3555210/#comments">Comments</a> </small> </p>