RTI Penalty for casual and callous approach
The Complainant submitted that complete and correct information has not been provided to him by the respondent on his RTI applications with a malafide intention. He alleged that the PIO intentionally did not provide documentary information relating to functioning of his Supervisor Officer/FAA to avoid embarrassment to him and obstructed information with malafide intention. The Complainant submitted that the FAA did not disposed of his first appeals within stipulated time and has given decisions where information sought is related to him which is in sheer violation of principal of natural justice. The CIC observed that the then PIO has been very casual in disposing of the RTI applications and previously, strict warning has been issued to him. The CIC further observed that the FAA was upholding the vague replies of the PIO by passing general orders and no directions or guidance was given by the FAA to the PIO to provide the information to the applicant. Rather the FAA has blindly approved the replies of the PIO. Further, there is a delay on the part of the FAA in disposing the first appeals of the complainant and he did not recuse or provide information in RTI matters relating to his conduct as FAA. The CIC held that the PIO is not required to give his own judgments on the issue and terming any information unnecessary is not warranted. The CIC imposed a penalty of Rs. 500/- u/S 20(1) of the RTI Act on the then PIO for his casual and callous approach in responding to the RTI applications.
Comments
A PIO must follow the timeline provided under the RTI Act and should not be judgmental about the queries raised by the Applicant.
Citation: Mr. Varun Krishna v. M/o. Finance Department of Economic Affairs in Complaint Nos. CIC/DOEAF/C/2019/647839, CIC/DOEAF/C/2019/647842, CIC/DOEAF/C/2019/647906 & CIC/DOEAF/C/2019/647907, Date of Decision: 27-05-2021
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
Forum Whispers Forum — 21 Jun 2021
DEBATE(1)
The question of ‘who is using whom’ within the system has often been raised. Whether bureaucrats use politicians ? Or, is it the other way round ? The plain and simple answer to this question is that both use each other. In a democracy, the political figure (or the political executive) has been placed above the bureaucrats. So, it is far easier for politicians to use bureaucrats to their advantage and then conveniently dump them. But the fact of the matter is that bureaucrats are themselves to blame for the situation.
Knowing well that their service is protected under Sections 309, 310 and 311 of the Constitution, a few public servants are still willing to toe the line of their political masters and assist them in circumventing the system to achieve their dishonest goals. It is often alleged that bureaucrats do so for the sake of lucrative postings in a quid pro quo. But this deals a blow to the concept of a welfare state provided by the Constitution.
Under the provisions laid down by the Constitution of India, civil servants are recruited by an autonomous body. There is a set procedure for their selection involving a written test and followed by an oral interview. Their terms of service are also in writing. Bureaucrats cannot be sacked from service without giving them sufficient reason, and without being given an opportunity to be heard. Public servants can even move the courts for the same.
The idea behind guaranteeing constitutional protection to these services was to ensure that public servants follow the directions issued by the Government to serve the objectives of the Constitution and follow the rules established by law. It was envisaged to be teamwork of political administrators and permanent bureaucracy in which the ultimate responsibility rested with political authorities, who are elected by people. While bureaucrats are not supposed to be responsible for policymaking, they are responsible for implementing the policies framed by Parliament and the Government.
Today, the immoral alliance of politicians and bureaucrats has blurred the lines of policy-making. It has become difficult to determine whether a policy was wrong or bureaucracy itself failed to comply. Consequently, both benefit from this situation as 'No one is responsible.' In a democracy, elected governments can be reined in if the bureaucracy does not buckle under pressure and discharges its responsibilities in a professional manner.
Ajay Singh Gangwar
IAS (Retd)
Income Tax New e-filing portal has many glitches !
Income Tax New e-filing portal Income Tax Department has launched new e-filing portal with many added features but portal has many glitches as reported. A meeting has been planned on 22.06.2021 with Ministry of Finance and Infosys to resolve the issues on priority. Apart from these glitches, there is fundamental issue which should be considered and addressed first by Finance Ministry to make ITR 2 filing on-line like ITR 1 and ITR 4. CBDT commitment to make it on-line is still continuing but little success.It is most important point to be considered by Revenue Secretary, Ministry of Finance to make ITR filing on-line irrespective of Forms whether it is ITR 1,2,3,4. This should be first thing to be considered in the meeting. Tax payers should be able to file returns directly from the portal without downloading of any routines like JSON etc. Let the system provides directly filing of ITRs using new portal 2.0. It will be easy, seamless and painless. At the same time to consider, no point of filing ITR 2 when there is no tax liability on account of STCG and LTCG on transfer of equity or equity oriented MF. It will save time, energy and man power. Please make ITR 2 filing on-line as well as off-line considering best software developers are available in India.
Naveen
ED posts in BHEL galore
As an ex employee of BHEL, I am delighted to learn that 28 executives are likely to be promoted as Executive Directors shortly. I don't think even in our best times we had this many Executive Directors ! During my service time, about two decades ago, there used to be a joke that maximum number of people got promoted in the year that followed the worst performance. I see that it appears to be the true now also although BHEL's current travails are no fault of its executives. Anyway as an ex colleague I wish all the
candidates the very best and hope they will return BHEL to the glory it once enjoyed.
Raghavan