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INTERNSHIP RESEARCH REPORT EXISTING SYSTEM OF SCANNING THE SECOND APPEAL/COMPLAINTS IN
CIC, MEASURES REQUIRE FOR PROPER SCANNING AND PREPARING
E-BOOKS IN SYSTEMATIC ORDER
SUBMITTED BY:-KESHAV ROY, 4th year,
B.A.LL.B(Hons.)
FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY, NEW DELHI
SUBMITTED TO:-Mr. NEERAJ Kr. GUPTA
(HON’BLE INFORMATION COMMISSIONER)
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ACKNOWLEDGEMENT
I take this opportunity to thank those who helped me in making this project
and for that I would like to express my sincere gratitude to Mr. Neeraj Kr.
Gupta, Hon’ble Information Commissioner who spared his valuable time and
helped me despite of his busy schedule and motivated me during the whole
duration of the internship. I would also like to express my gratitude to Mr.
S.C Sharma (Dy. Registrar), Mrs. Divya and Mr. Praveen (Legal Consultant)
who guided me, and provided all support in completing this Assignment.
Furthermore, I also express my gratitude to other staff in the Registry for
extending various facilities in witnessing hearing of cases, preparing briefs
and drafting few orders which played an important role in completing this
assignment.
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INTRODUCTION
Right to Information Act, 2005 (RTI Act) is an Act passed by the
Parliamentof India to provide for setting out the practical regime of the right
to information for citizens and replaces the erstwhile Freedom of
InformationAct, 2002. Under the provisions of the Act, any citizen of India
can request information from a "public authority" (a body of Government or
"instrumentality of State") which is required to reply expeditiously or
maximum within thirty days. The Act also requires every public authority to
computerize its records for wide dissemination and to proactively disclose
certain categories of information so that the citizens need minimum
recourse to request for information.
It is now widely accepted that India’s Right to Information Act has in a short
period of time made the people aware of their Rights in a whole new way. In
developing countries, which face the twin challenges of Corruption and
inefficiency of governmental institutions and the need for rapid economic
and social progress, the operation of Right to Information Act has shown
that they hold vast potential for transformation.
The willingness with which State institutions accept and adopt transparency
enhances government’s trust-worthiness in the eyes of citizens. Citizens are
deterred by a culture of secrecy and intimidated by the mystique of
governance, both of which distance them from State institution. India’s
Right to Information Act (RTI Act) 2005 has for the first time given citizens
an instrument to directly challenge the system.
Prior to November 2016 there was a huge distress for the RTI applicants.
Due to the lack in infrastructure and digitalisation facilities. Getting the RTI
applications registered timely was a matter of huge difficulties. Before
November of 2016, there was pendency in registration of about 12,000
applications. After which, the Commission gave a contract to the Samin
Termindz Pvt. Ltd. as a measure of removing the pendency in application.
The company hired was efficient only in data entry. The man force not being
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sound in the legal aspects of the applications did some clerical errors which
lead to the problems in proceedings before the commission.
E-books coming in use with digital advancement, digital libraries and e-
books, a more efficient, cost-conscious and space-saving way of accessing
much of that same information.
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IMPORTANT FACTS ABOUT RTI
Every citizen, irrespective of caste, creed and gender maintains
the right to claim information from the government authorities.
The RTI Act applies to the whole of India, except Jammu & Kashmir.
Except for matters relating to national security, personal information
and third party information, information about everything else can be
accessed through the RTI.
In case an RTI application does not receive a response in a timely
manner, the Indian Government can impose a penalty of upto INR
25,000 or recommend disciplinary proceedings against the official
guilty of failing to respond to the RTI.
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PROCEDURE FOR FILING AN RTI
Being classified as a fundamental act, the procedure to file an RTI
application has been kept quite simple making it easy for our citizens to file
one without much ado. Here are the steps involved in filing an RTI.
1. Identify the department one would seek information from
The subject you have in mind may fall under the State Government, Central
Government or a local Municipality. Please keep in mind that if it is a matter
that requires discretion, you may not get access to it.
2. Preparing the RTI application
Draft your RTI application on a plain white paper. It can either be written or
typed in Hindi, English or any other local language used in your region. If it
is handwritten, please make sure the text is clearly visible and does not
lead to any confusion.
3. Addressing the RTI application
RTI application must be addressed to the State/Central Public
Information Officer. Write the name of the Public authority from which
one wishes to obtain information. It is necessarily required to clearly
mention that you seek information “under the RTI Act, 2005”.
4. Framing the RTI application
The questions one desires to seek information from must be clearly written
out. The question must be detailed as possible. It would be ideal to mention
the year or the time period in which the information could be gathered. One
is permitted to seek relevant documents or excerpts from documents.
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5. Fees
Fee for filling RTI application is fixed at INR 10/-. The payment can be made
in cash, bank, draft, money order or court fee. The fees are exempted for
individuals falling under the bellow poverty line (BPL) category. A copy of the
BPL certificate must be attached to the application to receive concession.
6. Contact Details
As the RTI is an Act which calls for a response, it is necessary to mention
the contact details of the appellant including full name, permanent address,
phone number and email address of the appellant. Place of signature, date
is also very crucial.
7. Reply to the RTI
The law mandates that a response to an RTI must be given in less than 30
days or 48 hours if it concerns an individual’s life/liberty. If no reply is
received, then there is First Appellate Authority. If the First Appellate
Authority fails to provide reply, then a second appeal is filled before the
Central/State Information Commission.
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PROCEDURE TO FILE A COMPLAINT
The procedure to file a complaint is simple.
1. Written complaint letter to the CIC/SIC.
2. Attachments to be provided with the complaint-:
a. RTI Application on which the complaint is filled.
b. Post receipts through which RTI Application was filed.
c. Complaint letter along with the attachments to the
CIC/SIC office.
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METHOD OF DATA COLLECTION
QUALITATIVE RESEARCH METHOD- Qualitative research is a subjective
form of research relying on the analysis of controlled observations of the
researcher. In qualitative research, data is obtained from a relatively small
group of subjects. Data is not analysed with statistical techniques. Usually,
narrative data is collected in qualitative research.
Qualitative research produces information on the particular case studied.
Qualitative research can be adopted as a method to study people or systems
by interacting with and observing the subjects regularly. Different methods
used for collecting data in qualitative researcher are: grounded theory
practice, narratology, storytelling, and ethnography.
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THE METHODS USED FOR THIS RESEARCH:
▪ INTERVIEW
The interview method of collecting data involves presentation of oral-verbal
stimuli and reply in terms of oral-verbal responses. This method can be
used through personal interviews.
Personal interviews: Personal interview method requires a person known as
the interviewer asking questions generally in a face-to-face contact to the
other person or persons. (At times the interviewee may also ask certain
questions and the interviewer responds to these, but usually the interviewer
initiates the interview and collects the information.) This sort of interview
may be in the form of direct personal investigation or it may be indirect oral
investigation. In the case of direct personal investigation the interviewer has
to collect the information personally from the sources concerned. He has to
be on the spot and has to meet people from whom data have to be collected.
This method is particularly suitable for intensive investigations.
The method of collecting information through personal interviews is usually
carried out in a structured way. As such we call the interviews as structured
interviews. Such interviews involve the use of a set of predetermined
questions and of highly standardised techniques of recording. Thus, the
interviewer in a structured interview follows a rigid procedure laid down,
asking questions in a form and order prescribed. As against it, the
unstructured interviews are characterised by a flexibility of approach to
questioning.
Unstructured interviews do not follow a system of pre-determined questions
and standardised techniques of recording information. In a non-structured
interview, the interviewer is allowed much greater freedom to ask, in case of
need, supplementary questions or at times he may omit certain questions if
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the situation so requires. He may even change the sequence of questions. He
has relatively greater freedom while recording the responses to include some
aspects and exclude others. But this sort of flexibility results in lack of
comparability of one interview with another and the analysis of
unstructured responses becomes much more difficult and time-consuming
than that of the structured responses obtained in case of structured
interviews. Unstructured interviews also demand deep knowledge and
greater skill on the part of the interviewer. Unstructured interview, however,
happens to be the central technique of collecting information in case of
exploratory or formulative research studies. But in case of descriptive
studies, we quite often use the technique of structured interview because of
its being more economical, providing a safe basis for generalization and
requiring relatively lesser skill on the part of the interviewer.
Focused interview was conducted in order to get direct information through
the sources about the current situation by following the unstructured
method.
Focussed interview is meant to focus attention on the given experience of
the respondent and its effects. Under it the interviewer has the freedom to
decide the manner and sequence in which the questions would be asked
and has also the freedom to explore reasons and motives. The main task of
the interviewer in case of a focussed interview is to confine the respondent
to a discussion of issues with which he seeks conversance. Such interviews
are used generally in the development of hypotheses and constitute a major
type of unstructured interviews.
By having a direct interaction, raw information was collected about the
current scanning system of the complaints filed in CIC. Reliable data about
the functioning and steps followed in an orderly manner helped bring new
insights.
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▪ OBSERVATION
Observation, as the name implies, is a way of collecting data through
observing. Observation data collection method is classified as a participatory
study, because the researcher has to immerse herself in the setting where
her respondents are, while taking notes and/or recording.
Unstructured observation, on the other hand, is conducted in an open and
free manner in a sense that there would be no pre-determined variables or
objectives.
Advantages of observation data collection method include direct access to
research phenomena, high levels of flexibility in terms of application and
generating a permanent record of phenomena to be referred to later. At the
same time, observation method is disadvantaged with longer time
requirements, high levels of observer bias, and impact of observer on
primary data, in a way that presence of observer may influence the
behaviour of sample group elements.
▪ APPROACH:
COMPARITIVE APPROACH - Comparison of different time periods.
Comparative-historical approaches are research methods to study formation
and transformation.
This approach was implemented in this research since there’s a difference in
scanning system of posts or complaints filed, now and the system which was
conducted 2 years back.
So, this approach helped in forming clarity of which system is better, how it
came into being with advancements.
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SCANNING SYSTEM
In order to serve effectively and efficiently, CIC needs a Document Imaging
Management (DIM) system to allow paperwork to be shared with the Hon’ble
Commissioner, provide convenience to the Hon’ble Commissioner.
The system consists of the following modules:
Scanning Station: Support all compatible scanners with high-end features
to convert paper documents into electronic image files.
Image Server: All the captured images are uploaded to a directory
structure Image Server, pre-defined to include legal document categories
in a way similar to how the documents are kept in the paper folders.
Labelling Station: The attorney assistants can work on the station to
manually process the PDF file in Document Server and to produce a
profile for each document, including file category, type, ID, a text
summary and some keywords for indexing purposes.
Web Server and Explorer: A Web Server is built in the system to connect
with the Image Server, Document Server and Indexing Server in the back
office, and to receive lawyers’ inquiries and operation instructions through
the Web version Doc- Explorer, when they are working in the branch
offices.
All these modules in the DIM system together provide document imaging
sharing to Hon’ble Commissioners to provide convenience.
Benefits:
All kinds of documents can be processed with much higher efficiency and
throughput.
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Electronic document management makes it more convenient to search,
explore and edit files, easier to find reference documents and past cases,
and hence to reduce document preparation time from three to one day.
Internet-based information platform allows the attorneys to access,
transfer, share and update information at any time and any place, and
internal and external collaboration is made possible whether they are in
the office, at the customer site or in the court.
Existing system of scanning the second appeals/complaints filed in CIC
The application to file second appeal/complaint in CIC is sent through post
Marking
Once the post arrives the management marks each post of the second
appeal or complaint filed in CIC filled by the appellants, primarily arising
out of the expressed dissatisfaction in the functioning of the RTI
department, a result of the ineffectiveness of FAA.
Diary Number
It further provides a specific diary number. This number works as the
reference number for particular marked post. The individuality is
maintained for each post that will further be checked for scanning,
rendering the post easy to be sorted, checked, and fulfilled.
Scrutiny
After the allotment of diary number, the entries are scrutinized to check the
reliability of the post, a situation most important to substantiate the
contextual information of the plaintiff.
• This critical and detailed examination of complaints filed is
necessary to check the authenticity and to be aware of data associated with
it along with fake or manipulated information.
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• Prior to the commencement of the existing procedure, the
applications filed were sent directly to the courts for approval of the same,
regardless of the authenticity, later only to be found misconstrued or false.
• Without verification, there arises a hassle in issuing the
requested information.
• Scanning the cogent evidence submitted ensures a streamlined
providence of service.
Scanning
After scrutiny scanning is done to make e-file and after making the e-file the
file is sent for a quality check.
Quality check
Checking is required to make sure the scanned data is readable and
understandable.
• The entry should be comprehensible and lack jargons and
misconstrued data.
• The post should be precise and brief; too much elaborated data
tends to lose the solemn sense of meaning to it.
• It is highly necessary that only facts are present in the
application and not concocted telling.
Registration
Once the above steps are completed the second appeal or complaint is
registered and forwarded for further implementation.
Default Memo
If the quality of a document is poor and not readable, the a Default Memo is
issued and the appellant has to provide a copy with better quality for
registration of his case.
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E-books
When the case is registered in CIC then E-books are made for each case and
after that the cases are sent to the Information Commissioner in front of
whom the case will be heard.
In Shri S.K. Wadhwa vs. Municipal Corporation of Delhi
In the following case during inspection, the appellant wanted to scan the
documents from his own equipment which was disallowed.
CIC- If scanning is allowed to the appellant by his own scanning equipment,
it would set a precedent for similar demands in other cases.
It is therefore, a well laid down principle that the information will be
provided after charging the stipulated fees. In the instant case, appellant
wanted to use his own scanning equipment, whereas the public authority
after offering inspection to him is ready to provide the necessary documents
in the form that he desired. Hence, there has been no denial by the public
authority to give the information in the form desired by the appellant. The
commission, therefore, did not find any reason for the appellant’s request to
be entertained which is for allowing scanning on his own. If in the instant
case, scanning is allowed to the appellant by his own scanning is allowed to
the appellant by his own scanning equipment, it would set a precedent for
similar demands in other cases. It is evident that scanning by appellant
cannot be allowed in cases where copies of documents have to be given after
redacting names or parts of the information/documents by invoking
exemption under the RTI Act. Moreover, rules have already been notified
w.r.t. information Act regarding established procedures/rules for providing
information by the public authority. The Commission directs the respondent
to provide the information in electronic format, as requested by the
appellant, within four weeks of receipt of this order, under intimidation to
the Commission. The appeal/complaint is disposed of accordingly
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Short comings in scanning-
1. The application written on dark paper-
When the application is written on a dark paper, the e-books made
post the scanning of the same appears to be dark too and becomes
incomprehensible to the scanner. No necessity to write the application
on a white sheet has been enlisted on the guidelines, which thereby
does not give the officer in charge the authority to reject the
application.
2. Use of highlighter on the application-
To bring out the main motives of the applications, plaintiff often
highlights certain lines that serve as the primary concerns of
themselves. The use of highlighter, however, makes the selective lines
tricky to be scanned.
3. Use of fountain pens-
The inks in such pens are not apprehensible by the scanners,
essentially omitting much of the information fed in the entry.
4. The system not being supervised by an officer more linked to the
study of law-
After the work was outsourced to SaminTermindzPvt. Ltd., the case
registration grew steadfastly. However the process witnesses a
challenge because the scanning and the registration of the entries are
not being supervised by a law expert, but by people who work in the
corporate sector, the company, raising the concern of right and
efficient judging of the posts.
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5. Error in the technology used-
The hardware and the software often are not as right as they were
intended to. Any lag, or an outdated version possibly makes way for
technical errors and hinders the procedure.
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Measures to improve scanning system-
1. Provision to enlist new guidelines to the filing of applications should
be enrolled and the officers concerned with the acceptance of entries
should be given the right to reject them if they are not correct
according to the set of prescribed rules.
2. The machines should be kept updated periodically to ensure no
hindrances to the application filing process
3. Recruiting law experts in the regime will make the procedure more
productive, qualitative and streamlined.
4. Use of highlighter on RTI application should be disallowed. Instead of
using highlighter, underlining can be used.
5. RTI application on dark paper should be disallowed.
6. There should be a set procedure and guidelines to write the RTI
application so that the scanning quality can improve.
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Preparing e-books for Second appeal/Complaint in CIC
➢ E-book
E-book is an electronic version of a printed book which can be read on a
computer or a specifically designed handheld device.
The Commission has decided to issue the following guidelines for
registration of Second Appeal as prescribed under Rule 8 and 9 of the
RTIRules, 2012:
1. Mandatory documents required for registration of Second Appeal :
o The second Appeal duly signed and addressed to the
Commission
o Copy of the RTI application submitted to the Central Public
Information Officer
o Copy of the first appeal made to the First Appellate Authority
o RTI, First Appeal and Second Appeal shall be related to each
other
o Above three documents must be legible
o Above three documents must be in Hindi /English or a
translated version in Hindi/ English should be provided.
2. Other Mandatory documents required for proper presentation of
Second Appeal, if available
o Copy of reply received from the CPIO
o Copy of the order received from the First Appellate Authority
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o Copies of other documents relied upon by the appellant and
referred to in his appeal
o An index of the documents
o All the documents shall be duly authenticated and verified by
the Appellant
Correct order of preparing e-book in CIC for Second appeal/Complaint
1. Second appeal
2. RTI application
3. CPIO reply
4. First Appeal
5. First Appellate authority Order
Procedure of preparing an e-book in CIC
Once the scanning procedure is over and the case is registered, the file is
subsequently uploaded and is converted into form of an e-book. This whole
procedure is done through an application, in which at one time only one
document can be uploaded and consequently the e-book is prepared.
Issue
While preparing the e-books prior to March, 2019, only the covering letter of
CPIO reply was attached, the rest of the documents wasattached at the end
of the e-book.
1. Prior to March, 2019, only one document used to be uploaded under the
head of CPIO reply and the rest were attached at the end of the e-book
as a supporting document, as it was notconsidered as a mandatory
document, this caused great difficulty in relation to the preparation of
an e-book for the Hon’ble InformationCommissioners.
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2. During the hearing ofsecond appeal/complaint, the
appellant/complainant and the Information Commissioner are not able
to relate with each other as the complainant has properly mentioned all
the documents and provided the page numbers but when the file is
uploaded in the form of an e-book then it is done according to their own
scanning method, which causes a great difficulty for both the
complainant/appellant as well as the Hon’bleInformation
Commissioners.
Revised Method
The year 2019 witnessed a change in the existing system. They revised the
system of e-book and compile all the CPIO replies under one head as to
avoid confusion.
Measures to be taken
The foremost improvement should be made in the app so that it can contain
more than one document under each head so that all the CPIO replies
should be attached under single head. The CPIO reply under one head will
improve the relation between both the appellant as well as the information
commissioner which will eventually lead in saving the time and the case can
easily be disposed off.
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CONCLUSION
This report is aimed towards formulating an opinion about the scanning
procedure in aiding the facilitation of proceedings to the applicants. Further,
a qualitative analysis approach was adopted so as to infer the existing
procedure, the advent and the difficulties faced in the scanning mechanism.
Also, the adopted approach here is to analyse and adopt the procedures that
aids and facilitate the efficient functioning of the Commission.
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Bibliography
1. Mrs K Wadhwa vs Mcd, Gnct Delhi on 21 July, 2015,
indiankanoon.org/doc/121790963/?type=print
2. “Central Information Commission.” Central Information Commission, 27 May 2019,
cic.gov.in/.
3. Right To Information Act, 2005