Whispers Forum

Sonia Gandhi has filed her nomination papers from Rajasthan for the upcoming Rajya Sabha elections. Sonia Gandhi has been representing Rae Bareli in the Lok Sabha since 2004. This move has come at a time when Rahul Gandhi is on Bharat Jodo Nyaya Yatra and the timing of this Yatra is being criticized, opinion polls are predicting PM Modi's victory in the Lok Sabha elections for the third consecutive time. Congress leaders are leaving the party one after the other and questions are being raised about the coordination on seats between the parties of the opposition India Alliance. It is true Sonia Gandhi's decision marks the end of an era and perhaps the decision is a loss for the Congress and the opposition. Sonia Gandhi's presence in the Lok Sabha was encouraging not only for the Congress but also for the opposition. Her presence in the Lok Sabha provided encouragement and a voice for the opposition. This decision will take her away from direct electoral politics at a time when Congress is on the decline.
Nancy Singh Ahirwar

Your whisper in the corridors gives accurate predictions on Congress party downfall. For Congress mukt Bharat guarantee of PM Modi its must for Congress to show doors to mass leaders and retain drawing room politicians with UN (urban Naxal) mind and background and reward them with Rajya Sabha tickets. The statements from Congress stalwarts these days in and outside parliament except a few exceptions like Manish Tiwari, Digvijay Singh are more of pure leftist thoughts of jealousy and targeting corporates creating wealth and jobs for the nation than true Congress ideology. The country needs a good opposition too when it has a powerful, popular global leader in PM Modi for a few more years but the Congress from Congress (I) is increasingly being seen as Congress (V) ie Venu which ultimately is not.
S Saboo

The complainant sought details of action taken on a complaint of withdrawal of money from bank account using forged signature and using ATM. Dissatisfied with the response received from the PIO, the Complainant filed a First Appeal alleging that the information provided was incomplete, false and misleading. The FAA did not pass any order. The Commission observed that the respondent furnished point-wise reply, however, both the parties remained absent during the hearing, despite hearing notices having been served upon them. The CIC took a serious note of the absence of the PIO during the hearing without prior intimation and directed to submit written explanations citing reasons for their absence during the hearing before the Commission within 15 days from the date of receipt of the order. In view of the absence of both the parties and the matter not being pressed for, the Commission found no scope for further intervention in the matter and dismissed the dismissed.
Comments
A PIO should not abstain from hearing without prior intimation lest a show cuase notice is served for imposing penalty under section 20.
Citation: Heera Shauharat v. Punjab National Bank, Complaint No. CIC/PNBNK/C/2022/141431; Date of Decision: 01.02.2024
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

Apropos WIC Forum dated Feb 10.The idea of identifying the constitutional functionaries like the CEC and ECs through a committee representing all national political parties, is absurd. This would lead to their further politicization, impacting independence and transparency, the sine qua non for conducting free and fair elections mandated by the Constitution. Removal of CJI from the selection-cum-search committee by changing the procedure through legislative route (brute majority) is a regressive step, making the appointments in Election Commission arbitrary and discretionary, based on pick-and-choose. Sadly, the CJI ,as the custodian of the constitution, remained a mute spectator. He has gone down in public esteem due to his inaction. Stake-holders consultation was necessary. Going a step further, the public would uphold the idea of making appointments in all constitutional bodies like the EC,C&AG, and the UPSC by the same committee headed by the PM with LOP and CJI as members. Status quo ante must be restored. The Judiciary, as one of the pillars of Parliamentary democracy, must be respected. This would further enhance the image of PM Modi in the public eye.
A K Saxena (A former civil servant)

There has been a continuous decline in the quality of public services delivery mechanism in the country. Thanks to deteriorating quality of civil servants, recruited by the Union and States public services commissions. The selection process is flawed, reduced to a university type examination. The aspirants from the science and technical streams get unintended advantage over those from the humanities streams. No level playing field. The perception that the candidates from the former streams are better is misplaced. Consider the following facts.
The present selection methodology is elimination-based rather than merit-based. The scheme of examinations must be re-visited both by the UPSC and the States PSCs to eliminate mediocrity in the quality of civil servants.
More importantly, the marginalised sections of society especially those from the rural areas must be given opportunities including access to free coaching facilities. At present, the benefits of reservations in services are cornered by the more fortunately circumstanced urban youths. Those in the rural areas continue to stoically suffer untouchability.
Another point. Granting endless number of attempts and increased eligibility age limits available to various categories, defeat the purpose of selections. These criteria must be reviewed so that civil servants from all categories get equal opportunity to reach the top echelons of bureaucracy.
Under the present dispensations followed by the Union and States public services commissions, the quality of selected candidates become the casualty. No initiative, no service-oriented mindsets. This leads to poor public services delivery mechanism. The weightage of marks earmarked for interviews must be increased
Concentration of decision making authority in the PMO and CMOs, must be minimal. At present, the administrative ministries especially in the States, have been robbed of initiatives in decision making. The authority lies in the hands of select coteries of pliable bureaucrats, carefully chosen by the respective chief ministers. The coteries behave like powerful bureaucrats-turned-politicians. The public services delivery act remains unimplemented with no penalties imposed on the defaulters.
A K Saxena ( A former civil servant)

The Appellant filed an RTI application seeking documentation of complete data of caste-based census completed by Govt of India since year 1991 and other related information. He specifically sought certified copies under section 2(j) (iii) of the RTI Act requesting not share any website link available in public domain claiming that he lacks expertise to analyse that data. The PIO stated that relevant information has been duly furnished to the Appellant from their official record. She added that the relevant website link has also been furnished to him. She stated that the link furnished to the Appellant is user friendly and complete data related to census 2011 is already available on website. She further stated that the data related to census 2011 is voluminous in nature and it is not feasible to furnish the hardcopy of the same. The Appellant submitted that the relevant information has not been furnished to him till date. He stated that he has clearly mentioned in his RTI Application to provide the certified copies of all the documents sought and not the relevant website link. The CIC noted that that when an information or record is already in the public domain and there is a procedure for disclosure of such information, the same cannot be said to be held or under the control of public authority and it is deemed to be given to the public at large.
Comments
The officers of the public authorities who are designated as CPIOs have other duties and the duty to be discharged by them as CPIO is mostly an additional responsibility. Dealing with request for information is a time consuming process which is a drain on the resources of the public authorities. Ordinarily, photocopies of records which are already made in the public domain are not to be provided.
Citation: Shri Prashant Vilas Dhasal v. Office of the Registrar General of India, Second Appeal No. CIC/ORGOI/A/2022/643113; Date of Decision: 18.01.2024
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