Sep 08,2025 RTI

The PIO shall take assistances and provide information as per section 5(4)(5) RTI act. The PIO shall call for information from PIO of the other department.

The Right to Information Act, 2005

 

 

To,

 

       The Public Information Officer, Addl MC city Mumbai 

 

The PIO shall take assistances and provide information as per section 5(4)(5) RTI act. The PIO shall call for information from PIO of the other department. My RTI application cannot be forwarded to PIO of other departments of your / same authority u/s 6(3) RTI act. PIO need to take assistance of other PIO as per 5(4) RTI act. Illegal forwarding shall be liable for prosecution u/s 166, 167 IPC.

Also refer to BMC circular 2.6.23 prohibiting use of section 6(3) RTI act.

Before denying PIO shall state in the reply that such information shall also be denied to Legislature / Parliament section 8J of RTI act,

 

PIO shall give reasoning for denial as per section 7(8)(i) RTI act.

 

1. Full name of the applicant: Kamlakar Ratnakar Shenoy. (senior citizen 66 years)
2. Address: B-903, Vaishali apartment, Opp. MTNL exchange, Sheth Motisha ( love ) Lane, Mazgaon, Mumbai-400010. Mobile 9870987359.

 

3. Particulars of information required –

1. Subject matter of information *--- introduction of garbage cess from household and others  ( serial no. 28 of circular 22.5.24 Addl MC city responsible)

4. Information is required by post

1. Study Conducted on Garage Tax Collection:
1.1. Copies of any study, report, or research conducted by your department regarding the collection of garage tax to start collection of garbage cess after 130 years and to decide the amount of charges to be collected.
1.2. Copies of file notings, approvals, and recommendations related to such study.

2. Public Consultation Process:
2.1. Details of all public consultations carried out before imposing or modifying the garbage tax.
2.2. Copies of minutes of meetings, representations received, and responses given by the department.
2.3. List of stakeholders invited and those who participated in such consultations along with their suggestions.

3. Public Notices and Advertisements:
3.1. Copies of all public notices, newspaper advertisements, or notifications issued inviting suggestions and objections regarding garbage tax.
3.2. Details of responses received from the public and their disposal.

4. Mismanagement in Garbage Collection, Disposal, and Transportation:
4.1. Details of the study carried out highlighting mismanagement in garbage collection, disposal, and transportation.
4.2. Copies of reports indicating remedial actions taken to address such mismanagement.
4.3. Details of frauds and shortcomings detected in the study related to garbage collection, disposal, and transportation.
4.4. Details of remedial measures taken to stop pilferage and ensure proper management.
4.5. Details of all actions taken against BMC staff involved in such matters since last 10 years.

5. Action Against Public Servants for Fraudulent Collection of Garage Tax:
5.1. Copies of complaints received against officials indulging in fraudulent collection of garage tax.
5.2. Details of inquiries initiated, action taken, and penalties imposed on erring public servants.
5.3. Copies of relevant orders, circulars, or directives for deterrent action against such officials.

6. Main heads on which there is shoot in the expenditures in last 5 years causing windfall shortage of funds forcing to collect such garbage charges. Along with suggestions and objections

7. details of FD and contingency funds withdrawn since last 5 years.

8. Compliance of section 4(1)(b)(iii)(iv), (v), 4 C, 4D, 4(2) RTI act.

9. increase in collection amount from the proposed increased garbage cess.

 

Place:   Mumbai.                                                                          Signature of the applicant

Date: 3.4.25

Ref  :   85 / RTI Addl MC city / study carried out to introduce garbage collection / sadguru café garabge folder and file

Caution to be taken by PIO.   

2. As the matter concerns larger public interest the information shall be provided u/s 8(2) RTI act.

 

3. The information shall be provided with chart / index and paging.

 

 

Visit my website kamlakarshenoy.com for all RTI queries and Police investigation issues.

APPEAL U/S 19(1)

The Right to Information Act, 2005

 

 

 

To,

       The appellate authority, Addl MC city, BMC

 

 

1. Full name of the applicant:   Kamlakar Ratnakar Shenoy

 

2. Address:  B / 903, Vaishali apartments, Sheth Motisha (Love) Lane, Opp. Telephone exchange, Mazgaon, Mumbai-400010.    Mobile no. 9870987359.

 

3. Compilation of hand book is attached prepared by Kamlakar Shenoy ( Petition Group)  to facilitate implementation of RTI act:  essential information that every PIO and FAA is expected to know for the effective implementation of the RTI Act. Sent by email.

 

4. Grounds of Appeal: no information provided to RTI application dt. 3.4.25 regarding garbage

 

1. 1. The PIO failed to provide information as mandated under Section 7(1) of the RTI Act.
   2. The (FAA), being in a supervisory role, is duty-bound to ensure honesty and devotion to discharge of duty of all subordinate officers under his control. (GR 9.7.2007, 31.3.2008, 10.8.2009, circular 25.6.2019) refer page 20-32 of the compilation of 97 pages.
   3. The FAA must direct the PIO to file a written reply within 7 days. As per Sections 7(8)(i) and 19(5), a copy must be provided to the appellant. Non-compliance attracts IPC Sections 166, 167, 217, 218, 219, and 336.
   4. The PIO must state in writing whether the denied information would also be denied to the Legislature or Parliament, as required under Section 8J RTI.
   5. The conduct of appeal hearings without compliance of GR dated 10.08.2009 (Paras 6–10), and Sections 7(8)(i) and 19(5), would amount to illegality. Page 22-24 of compilation sent by email)
   6. The PIO and FAA have shown willful misconduct, intentional denial of information, lack of care, and have caused injury to the applicant.
   7. The PIO has committed criminal breach of trust under Sections 405 and 409 IPC by denying access to entrusted public information in violation of prescribed duties.

 

5. Duties of public servants /PIO and FAA
   1. All public servants are bound by their oath — “ महाराष्ट्र सज्जनांचे रक्षण करण्यास आणि दुर्जनांवर नियंत्रण ठेवून त्यांचा नायनाट करण्यास कटिबध्द आहेत.”

1. 1. Oath of allegiance towards Constitution of India
   2. Public service is trust reposed on publics servants by tax payers The public servants are required to provide the service to citizens and not to consider such appointment as privilege. It is the trust reposed in the public servants by tax payers. hence any failure to discharge duty shall be offence u/s 406. 409 IPC amongst other offences 

 

 

6. Prayers

 

1. 1. FAA and SIC, while disposing of this appeal, must mandatorily record findings on each ground raised by the appellant (no discretion), in accordance with Justice Daga’s judgment in W.P. 4101 of 2007 (refer the compilation at page 33 to 52)  sent by email

 

1. 2. The appellant submits with due respect and no malafide intent. If any submission is incorrect, the appellant seeks to be corrected with written evidence.

 

1. 3. The PIO and FAA must produce their educational qualifications and RTI training certificates. These are public records as per W.P. No. 39771 of 2024 (Hon’ble High Court). (copy of High Court judgement sent by email) 

 

1. 4. SIC directions on RTI training (refer page 57 to 65 of compilation sent by email)

 

1. 5. Necessity of training to PIO and FAA (refer page 54 to 56 of compilation sent by email)

 

1. 6. Conducting RTI appeal hearing without the compliance of section 7(8)(i) and 19(5) of RTI act is denial of natural justice shall be punishable u/s 166, 167, 217, 218, 219, 336, IPC

 

 

 

7. Public Hearing and Video Recording: citation at page 1-6 of compilation of 97 pages

 

1. 1. The citizen has right to carry their mobile in the office of public servant. And no public servant shall ask the citizen to switch off the mobile or keep their mobile out of cabin.
   2. The citizen has the right to a public hearing and to video record proceedings involving public officials.
   3. The Hon’ble Bombay High Court and Supreme Court have held that video recording in public places is not an offence.
   4. These orders have not been overruled by a larger bench and remain binding.
   5. Public hearing and video recording will not prejudice the FAA but will enhance transparency and accountability.
   6. There is no IPC provision criminalizing such video recordings in the context of RTI.
   7. Denial of public hearing or video recording is a violation of fundamental rights.

 

Date: 17.7.25                                                                                                     Kamlakar Shenoy

 

Ref: 208-85 / appeal RTI Addl MC city / study carried out to introduce garbage collection / sadguru café garabge folder and file

 

 

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