Whispers Forum

During the hearing by video conference, the manner in which the PIO was making her presentations was not at all acceptable and it appeared that she was running the hearing. Despite repeated requests she failed to maintain the decorum of the CIC and continued to speak without listening to the questions raised by the CIC. The Commission was, therefore, constrained to disconnect the audio-conferencing and she was asked to file her written submissions to decide the case. The Commission noted that complete information was provided to the appellant and the appellant is also satisfied with the same. However, the appellant requested the Commission to instruct the concerned PIO to supply the information within the time limit prescribed under the RTI Act. The CIC cautioned the PIO to remain careful while handling the RTI applications in future and to ensure that timely replies are provided to every RTI application handled by her. The CIC also observed that it is necessary to maintain decorum at all times during the hearing and even when the contention is justified, it must be in a language of utmost restraint, always keeping in view that the person making the comment is also fallible.
Comments
It is the duty of the PIO to behave cordially with the applicant and maintain good behaviour. The PIO should be humble and polite when addressing a Judicial or Quasi-Judicial body.
Citation: Dr S Garg v. University Grants Commission in File No.: CIC/UGCOM/A/2019/639673, Date of Decision: 09/09/2020
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(1)
IFS seems to be better result oriented ministers.
A K Chaturvedi
Is it not bizarre ?
The Curious Case Of NTC Air India (a strategic asset) is being offered for privatization but not the NTC. Doesn’t it look somewhat bizarre ? Everybody reveres the Mahatma but ignores his economic logic: popular consumer product, millions of direct and indirect jobs on recurring basis and soothing for our tropical climate. Khadi is now Netas’ official robe, like Saffron for the Mandarins (mantrigan), and hence out of reach of even the middle-income groups, what to talk of the poor, but cotton is in huge demand from the consumers of all income groups. People admire prime minister Narendra Modi’s attire, which is some of the best cotton textile. If the NTC is simply closed down and new private cotton mills encouraged, India will cope-up with the loss of jobs due to COVID-19 in less than 1 year and become the biggest exporter once again.
M L Gupta

Agree with A.K.Saxena. I do not think there is anything seriously wrong with UPSC"s recruitment process or DOP&T training methods. What is required is change in conduct rules to hold officials personally responsible for such incidences and levy of heavy monetary punishment on officials for such lapses. Also ,as recommended by various committees Government should set up boards in each state (consisting of at least 7 persons including two/three from outside the Government ) to decide postings and transfers of all officials(gazetted). Probably this may reduce the influence of Politicians on officials.
S Gopal

The promotions in CSS are blocked due to various court cases being filed by different rival groups historically. This has adversely affected all. In most of the grades of CSS, the officers in feeder grade reach much above the starting point of higher grade and there is hardly any financial implication on account of their promotion but for the status. Rather the government has to loose huge manpower hours and a big amount in defending these cases in various courts across the country. In the given circumstances the best and practical solutions seems to adopt a time scale approach, meaning thereby that whenever, an officer in a grade completes the requisite residency period of service qualifying for promotion to next grade, he should be granted time scale of next grade without waiting for a vacancy to occur in next higher grade. When a vacancy occurs in the next higher grade such an officer may be adjusted against that depending upon his suitability. This will avoid in-fight amongst the members of the service on account of reservation, seniority issues etc. resulting in withdrawal of many court cases. This will not only save money to the exchequre but the energy of officers involved in defending the court cases will be much better used for other purposes in larger public interest. I am sure that by adopting such an approach, the government would not only be able to save huge money but also be able to content the rising dis-satisfaction in the members of the service.
SP
Seniormost serving ICS officer V M M Nair celebrates his 101st birth day today
Sir, Wish you very Happy Birthday and many more years good health and prosperous day to com Warm Regards
Col Khushwant Singh

Income tax department, like any other department of in Government of India, is no paragon of virtue. So it is preposterous to think that 100% corruption only exits in IT Department and by eliminating personal hearings corruption can be rooted out.On the contrary, dreaded by Modi fear, all faceless officers simply raise frivolous demands on tax payers and all tax payers need to engage tax lawyers to appear before ITAT. The corner stone of any quasi judicial proceeding is principles of natural justice, wherein opportunity of being heard is of paramount importance. By doing away with that the government is only creating a monster department. This is akin to burning the house to kill a rat.
Amit

Hathras gang rape case has jolted the conscience of every indian. Such heinous crimes could not have been possible without the tacit support of political class. After PM’s belated intervention , CM,UP woke up to enhance the quantum of compensation from Rs 25 to 50 lakhs.
What is this awful thing going on in Uttar Pradesh, one wonders ? The autocratic CM has a lot to explain. Incompetent administration and callous UP police fail to inspire confidence in lower castes. They are, more often than not, insensitive, incapable of taking decisions by defying political authority . Pliability to political masters, is considered a safe bet. Prized postings, no fear of transfers , suspension.
Haughty utterances by Hathras DM and the Police to victim’s family are simply shocking, unpardonable Who ordered forced cremation of the victim during the graveyard hours and in absence of victim’s family members. UP,CM feels his job is over once delinquent officers are transferred / suspended. His experts do not advise him that transfers and suspensions of officers cannot be treated as punitive steps.
Unable to defend the indefensible, Chief Minister, UP has now decided to refer the case to the CBI. But, the family of the deceased, is not satisfied. It demands a Judge-monitored, fast- track inquiry by the CBI. Is CBI losing credibility ? A deep conspiracy is alleged by the ruling party.
The public is outraged. The Opposition led by the Congis take pride in activating its dirty tricks department for adding to the chaos and confusion in UP and for gaining political brownie points.
Unequal society, Political interference, callous Administration &Police ?
We are living in an unequal society, hierarchical , castes-ridden and in artificial silos . Upper castes are treated as the privileged class. Gang rapes, murders, domestic violence, acid attacks, dowry deaths are the new normal? Macabre pre-occupation of goons and misguided elements in Police force. Egalitarian society is a myth.
Situation in all Indian States , is equally reprehensible.
Is there something seriously wrong with UPSC’s recruitment process and DOPT’s training module? Or, is the entire system flawed? Accountability and transparency are missing.
What steps have been taken to depoliticise the top appointments in the States and reduce political interference in day-to-day policing so as to improve the law and order situation in the states.
Will PM Modi please take the call?
A K Saxena ( A former civil servant)
Is sushant singh so important?
Yes it is. Because public mind is to be diverted from pressing and urgent issues like unemployment, rural distress, economic miseries etc.
Viswas

Concerned with the dissatisfaction expressed by Armed Forces over the performance of Ordnance Factories (OFs), Government has announced its intention to corporatise them. It has received predictable responses- welcomed by Armed Forces and some others and opposed by the employees who have threatened to go on strike with the tacit backing of IOFS officers. Merely saying that OFs will be corporatised without what exact changes will be brought about means nothing. Maybe a high powered Committee will be constituted to work out the details. In any case, it is worth noting that many corporatised Govt undertakings as well as private ones are in doldrums. Corporatisation is not a silver bullet that magically transform OFs into 21st century companies.
As Tolstoy wrote in Anna Karenina " Happy families are alike. Each unhappy family is unhappy in its own way." OFs are a collection of many plants producing diverse products with diverse technologies with widely varying work culture and practices. Each one may have problems unique to itself. A one-size-fits-all approach may not work. Such a remedy may in fact turn out to be worse than the disease.
A crisis provides the best opportunity to bring about changes. Here is a golden opportunity to the Managers of OFs to bring about sustainable, irreversible positive changes to all key processes and daily work practices . Review the relevance, suitability and all your processes and change them where necessary. Remember if all of you keep doing the same thing you have doing for last several decades you can't expect a different outcome .Winners don't do different things; they do things differently.
Control your destiny; otherwise someone will control it. Change before you have to. If changes are imposed from outside it will be very painful and may not succeed. Hope some IOFS officers will read this and take in the right spirit.
S Raghavan

Among other submissions, the appellant informed the CIC that the FAA did not provide him an opportunity of being heard even though he had requested for the same in his first appeal memo. The CIC observed that deciding an appeal after rendering an opportunity of hearing to the parties is a fundamental principle of jurisprudence. It is conducive to fairness and transparency and is in line with the principles of natural justice. As per Section 19(6) of the RTI Act, the FAA is required to dispose of an appeal within 30 days of the receipt thereof and as far as possible also give the appellant as well as third party an opportunity of hearing specially if he so requests, without forgetting that the essence of the RTI Act is to provide complete, correct and timely information to the appellant.
Comments
Although the RTI Act or the rules made thereunder do not prescribe the procedure to be followed by the FAA in dealing with first appeals, the FAA should give an opportunity of hearing to any Appellant if the Appellant expressly wants to be heard. In the case of Manohar v. State of Maharashtra [CA No. 9095/2012], the Hon’ble Supreme Court held that the right of hearing, even if not provided under a specific statute, the principles of natural justice shall so demand, unless by specific law, it is excluded.
Citation: Dr S Garg v. University Grants Commission in File No.: CIC/UGCOM/A/2019/639673, Date of Decision: 09/09/2020
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

True that CSS & CSSS officials are lingering on without any promotion (even in the normal stage they get very late) for the last two years. Government should come forward to settle the cases once for all. In the meantime, they can get the Court's approval for adhoc/in-situ promotions till the regular cases are settled. Really a sorry plight for all brethren who retire without promotion and also those who are serving but feeling disgusted. Why other services are always getting promotions easily whereas CSS/CSSS have to toil even after putting a lot of service. Once they were considered as the backbone of the Government of India but now they are all very upset. Hope the Government does something to boost the morale of the CSS/CSSS soon.
Seth

Drugs pedalling and consumption are crimes in the country under the NDPS Act,1985. Ground realities elsewhere in the country are shocking.
In Varanasi, for instance,“ thandai, pakoda, papad, samosas” mixed with “bhaang" (Cannabis, hashish), are available with impunity. The authorities are not blind to such age old practices. CM Yogi is urged to ban misuse of prohibited drugs and substances in the holy city which also happens to be PM Modi’s constituency. The NDPS Act 1985 applies to entire country without exemption. UP CM must demonstrate the political will to clear up the mess from the entire Uttar Pradesh ?
UP is not alone. Every Indian state faces same problems. At hundreds of places in urban and rural India, the menace is widely prevalent. All must be treated at par with Bollywood in taking punitive action.
A K Saxena ( A former civil servant)
A request to Ms Nidhi Pandey – Commissioner, Kendriya Vidyayala Sangathan
Mam, I have to say that my daughter kavya Singh was selected under category 3 in class 1 admission process after lottery at no.1 in Ichapore kv, no. 2 in army barrackpore and no.5 at afs Barrackpore. But her name was not selected by the school administration. So Mam, I think that you could help me in this matter because you are my last hope. Please Mam consider my request so that my daughter will not suffer regarding her studies. I have two daughters, one is already in kv afs barrackpore in class 5. Please Mam help me. With kind and humble regards
Arti Singh