internship research report cic report.pdf · 2019-07-08 · central information commission - report...

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CENTRAL INFORMATION COMMISSION - REPORT

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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CENRAL INFORMATION COMMISSION - REPORT

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

https://en.wikipedia.org/wiki/Parliament_of_India

https://en.wikipedia.org/wiki/Parliament_of_India

https://en.wikipedia.org/wiki/Freedom_of_information_act_of_2002_(India)



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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

http://cic.gov.in/sites/default/files/RTI/RTIRules2012.pdf

http://cic.gov.in/sites/default/files/RTI/RTIRules2012.pdf

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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

internship research report cic report.pdf · 2019-07-08 · central information commission - report...

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