Whispers Forum

The appellant raised queries like whether a Disciplinary Authority direct the charged official to submit a written statement of defence in a case of unauthorized absence from duties if there is no statement of misconduct or misbehavior under Rule 9 of Railway Servants (Discipline & Appeal) Rules, 1968. He demanded to provide the relevant guidelines. Before the CIC, he submitted that complete and correct information has not been provided to him. The CIC noted that more than 70 cases of the same Appellant against same/related Public Authority under Ministry of Railways have already been heard and disposed of by different benches while eleven second appeals of the Appellant were listed for hearing on the same day. The CIC observed that Appellant apparently wants to pressurize the Public Authority rather than actual interest in getting the information denied to him, if any. This intention of the Appellant militates against the spirit of the RTI Act whose primary objective is providing information to the citizen. It appears that the Appellant has grossly misconceived the idea of exercising his Right to Information as being absolute and unconditional. The CIC stated that the Appellant is harbouring a grievance and is not seeking access to information as envisaged under the RTI Act. Pointing out the powers under the RTI Act, the CIC cautioned the Appellant to exercise his right to information in an informed and judicious manner.
Comments
There have been many cases of repetitive RTI applications and such litigation is counter-productive to the RTI regime. An applicant should be judicious in the use of RTI Act and it should be used to obtain information rather than as a tool to harass the Public Authority.
Citation: Shankar Poddar v. M/o Railways, Railway Board, CIC/MORLY/A/2023/106645; Date of Decision : 28-03-2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

The suppression of facts by one of the members of this elite service is in the news these days. Had she not misused her position, this concealment of facts would have not surfaced. Her misdemeanor landed her in soup. It may not be an exaggeration to say that this service has been given more prominence than it deserved and it is the result of this hype that we see and hear the misuse of power and position by the holders of this service. arrogance has replaced the motto of service to the nation and its citizens. Once qualified, they consider themselves as different with special love for red beacons. MNCs, private sector, banks have professionals and they are not less in any way. Time has come to strengthen the Central staffing scheme to broaden its area of intake from other services at every level. This would eliminate the hegemony of one service. The concept of indispensable is redundant. It is no secret that the achievement of goals set out in any organisation is not the handiwork of one man but teamwork and active participation by officers and supporting staff belonging from different streams. Time has come to expose the myth that only so and can do it. Everyone has the potential to achieve the desired results provided he or she is afforded an opportunity.
Raj Kumar Thakur

Manoj Soni, chairman UPSC has resigned ostensibly due to ‘personal reasons’ but actually due to large scale corruption reported in the media with solid evidences. Parliament session is resuming shortly. But, what about P K Joshi, former chairperson UPSC, presently Chairman National Testing Agency (NTA).Both organizations are mired in controversies. As for the NEET, the petitions filed by the aggrieved are sub judice before Supreme court that has ordered Centre-wise details of results to be uploaded on NTA website. Hearing will be resumed on July 22,2024.Depending on SC’s verdict on ReNEET, the present chairperson of NTA could also possibly put in his papers as the sanctity of exam has been compromised. Let us wait and watch which way, the wheels of Justice move? Both UPSC and NTA, are under cloud with serious allegations of corruption. Supreme court monitored inquiries by CBI, could be ordered in both matters. As for civil services Mains exams, there is a felt need to re-verify the authenticity of all certificates(community-SC,ST,OBC) Non-creamy layer, disability, number of attempts etc submitted by the current/incumbent aspirants who are preparing for C S Mains 2024 exams. The aspirants are confused and depressed ,fearing delay in the examination.
A K Saxena (A former civil servant)

Copy of account opening form of a deceased person was denied by the Bank u/s 8 (1) (j) of the RTI Act. When queried by the Commission regarding the submission of proof of being a Legal Heir of the deceased by the Appellant, the Respondent replied that no such proof has been submitted by the Appellant. The CIC advised the appellant to furnish the documentary proofs to the Respondent within 10 days from the date of receipt of this order. Further, the Respondent was directed to re-visit the RTI application and provide a correct revised reply to the appellant based on the aforesaid documentary proofs.
Comments
Many RTI applications are filed seeking information about a deceased person without any accompanying documents such as death certificate, legal heir proof, etc. If a person wishes to obtain any personal information about a deceased individual, then such documents should be enclosed alongwith the RTI application.
Citation: Neeta Singh v. Madhyanchal Gramin Bank, CIC/RUGBK/A/2022/136906; Date of Decision: 01.04.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

The primary duty of the civil servant used to be to do justice to the citizens and other people. Rendering public service honestly without any expectation of reward is considered justice. That pride in civil service stands demolished and shifted to the judiciary. Indian judicial system was never known for swift justice. Today it stands reduced to implementation of laws only. I exercise self-restraint but say it that even the judiciary can do precious little to do justice tothe common man, who pays heavy court fees but is not supplied even a copy of the judgement!
M L Gupta

Much has appeared in the social media against Puja Khedkar(MH 2023), demoralising the civil services aspirants for allegedly submitting fabricated disability and community certificates? Owning an Audi car, she claimed non-creamy-layer status from OBC quota? The unruly trainee officer has been shifted from Pune to Washim district, not even suspended. How were fake disability certificates from a private hospital and fake OBC certificate, honoured by UPSC without verification? DOP&T has constituted a one man probe panel. If its findings are corroborated, FIR must be filed by the CBI for forgery and the accused proceeded against. Following questions need answers on the alleged criminal misconduct:- (a)First and the foremost, were officer’s antecedents verified by the IB in consultation with the local intelligence unit (LIU)of State police ?(b) Was the Standard Operating Procedure followed by the UPSC while scrutinising her applications submitted and the alleged forged documents? (c)Submitting fabricated documents to UPSC, amounted to criminal misconduct calling both for departmental actions by the Appointing /disciplinary authority and criminal proceedings as per law of the land;(d)Since the alleged scam has wide ramifications, the inquiry must be handed over to CBI for investigating, among others, the disproportionately large wealth amassed by her retired father; (e) Procedural flaws, if any, must be investigated and reforms made to avoid recurrence of similar blunders in future; (f)All co-conspirators (private hospitals and govt organisations) must be investigated and booked for criminal charges; (g ) Why was candidature of Puja Khedkar, not kept as provisional in the merit list as per normal practice in respect of doubtful cases?
A K Saxena ( A former civil servant).