Whispers Forum

Certified copies of communication made by the erstwhile MCI with the office of Comptroller and Auditor General (CAG) and the response of CAG regarding the internal audit were sought. The CIC observed that initially no reply was provided by then PIO, National Medical Commission. In view of the same, CIC expressed severe displeasure over the conduct of the then PIO in not having provided any reply on the RTI Application within the stipulated time frame of RTI Act. The CIC directed the then PIO to justify as to why action should not be initiated against him under Section 20 of the RTI Act for the gross violation of its provisions. Further, the CIC directed the present PIO to search the relevant records sought thoroughly and provide the relevant information to the appellant, free of cost, within 15 days. In the event the relevant records are not traced, the PIO must affix the responsibility of an individual responsible for maintenance of records under whose supervision said records are lost and lodge an FIR in lieu of the missing records so that proper investigation can be conducted.
Comments
In many cases where the public records are misplaced, the CIC has directed to file an FIR and fix the responsibility.
Citation: Anupam Dhua v. National Medical Commission in Second Appeal No.: CIC/NMCOM/A/2021/661367, Date of Decision: 31.03.2022
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

DEBATE
Having one agency for all investigation agencies and putting it under a CDS like authority looks good theoretically but how will it function ? Different Economic Investigation wings are governed by different Acts. Add to it, different agencies report to different Secretary level officials and have different set up and the designated judicial courts are also different for their prosecution. Besides, one single agency will not be able to deal with a large number of different types of economic offences - like tax evasion, bribery, counterfeiting of currency, bank frauds, money laundering, hawala transactions – occurring frequently. It is, therefore, practically not possible to have only one agency to deal with so many economic offences. Also, there will be many legal impediments which need to be addressed and cleared before creating such a post.
Sanjay Bhargava
Stupidity to file complaint after 10 years
The applicant could have filed another RTI application rather than filing a complaint after 10 years. It is not even a misuse of RTI but plain stupidity to file an appeal or complaint after 10 years
Sukumar Upadhyay

DEBATE
I agree with Sudhir Kumar. Constitution of CDS like post will definitely lower the morale of the Heads of several agencies that the country currently has to deal with economic offences. The agencies like CBI, ED, DRI, CEI and FIU will not be able to work freely and professionally. The Government should rethink over such a plan, if any.
Anil Martin
Autonomous Bodies not meeting objectives
The autonomous bodies were set up by the Government to ensure efficient and time bound manner decision with its own officials and also to check the red tapism along with the Ministry functioning but the way the administrative ministries deploying its officials to this autonomous bodies for longer period to control them is matter of concern and defeating its very purpose of existence. The seeds of corruption are bowed from this arena only. The Ministries work as pick and choose type, where autonomous organizations are set up for service providing, where no one wants to go even forcefully send where as infrastructure creating Organization, a lobby is created for posting there. Organizations like DoPT should put up strict checks on such moves and work to strengthen the cadre of this autonomous organization.
Priyanka Agarwal
CSS should be treated at par with IAS cadre
All other issues including recognition of CSS as organized group services should also be done by DoPT, at par with IAS cadre
Ananad Ranjan Kumar

Debate
It is easier said than done because the nature of crimes investigated by various agencies is different. You can have a leader of the armed forces. But a CDS like authority to supervise economic offences is a rather impractical proposal. Constitution of CDS like post will definitely lower the morale of Heads of these agencies viz, CBI, ED, DRI, CEI and FIU.
Sudhir Kumar
Middle class now turning in lower or poor middle class
I beg to disagree AK that petrol prices are not affecting normal citizens, traffic jams are the result of poor infrastructure by the Government of India, if there are enough buses, metro links, no one would like to waste time in traffic jams & stressful life too. People are paying through their nose to earn bread & butter for a forcible commute. Middle class is now turning into a lower or poor middle class. At this rate India will have corporate, industrialists, politicians & civil servants, others will be poor slaves living squarely.
Harish Kumar
Thanks for covering the story. Please cover a detailed story on CSS issues.
Vineet Mishra

Regret your news items. The Punjab bureaucracy is not divided on the party line. Please avoid such gossip.
Suresh Kumar
MHA yet to forward CR proposal of CAPFs
Cadre review: the DoPT has given instructions to the MHA to put forward the CR proposal of CAPFs , if they are due for this last year only, but till date the MHA has not forwarded or even not asked the concerned CAPFs to put forward their CR for further to DoPT. It shows the injustice to the strong CAPF cadre who is fighting against the odds. DoPT should take this issue seriously.
Mahesh

The Complainant filed four RTI applications in 2020 seeking certain information from the NHAI. Having not received any response from the PIO in response to each of the RTI Applications, the complainant filed the instant set of complaints with the CIC. To a query from the CIC regarding the inordinate delay in filing of instant Complaints, the Complainant stated that he was preoccupied with medical treatment from Kolkata which led to such delay in filing of the complaints. He further stated that it is the prerogative of the CIC to take cognizance of the matter or not. The PIO invited attention of the bench towards his written submissions dated 29.03.2022 wherein it has been mentioned that timely point wise response against all the averred RTI Applications has already been provided to the Complainant vide letter dated 25.06.2010. The CIC observed that neither in his complaints nor during the hearing, the complainant has mentioned any reasonable grounds for such inordinate delay in filing of the Complaints in the year 2021 i.e. after a decade or so. The CIC found no scope of action in the matter.
Comments
As per the legal maxim i.e. ”Vigilantibus Non Dormientbus Jura Subveniunt”, the law assists only those who are vigilant and not those who sleep over their rights. A complainant should remain watchful and use his rights judiciously.
Citation: S N Jha v. National Highway Authority of India in File No : CIC/NHAIN/C/2021/109298 + CIC/NHAIN/C/2021/109655 + CIC/NHAIN/C/2021/109338 + CIC/NHAIN/C/2021/109309, Date of Decision: 31/03/2022
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

Many academicians, educationists including vice-chancellors of leading central universities have expressed grave misgivings about the UGC mandated Common Entrance Test for admission to Central Universities without however suggesting better options. The sensible thing therefore would be to scrap all entrance tests and provide admission by a computerized lottery system while retaining the present scheme of reservations. Since no one is quite clear as to define merit let alone determine it, the lottery system is the only equitable system. It will save a lot of time and money. At least no one can claim that it is biased.
Raghavan, Gurgaon