Whispers Forum

Due to the non-availability of CIC and IC in Delhi, most of the second appeals on RTI are pending as early as 15-18 months. CPIO and FAA of various Govt Dept are least bothered about replying to the applications as they are aware that it can be delayed as nothing is also going to happen at the CIC level. Moreover, no strict action and/or penalties are imposed by CIC nowadays, so it has become a waste of time. CPIOS are applying various conditions for not relying upon the RTI and their staff members ask for Money for the same. The Supreme Court has correctly said that RTI has become a dead letter. My 62nd appeals are pending from 1 to 15 months with CIC, no action by CPIOS has been taken on the earlier orders, mainly they are for DDA and RCS, Delhi.
Vishnu Agrawal

The Appellant filed an RTI application with PACL Nodal Officer and Secretary, Judge (Retd) R.M. Lodha Committee seeking certain information. Having not received any response from the CPIO, the Appellant filed a First Appeal with the FAA, PACL Nodal Officer and Secretary, Judge (Retd) R.M. Lodha Committee. Aggrieved with the non-receipt of any response, the Appellant approached the CIC. During hearing, the attention of the CIC was invited towards the following clarification mentioned in the written submissions filed by SEBI, copy of which was also endorsed to the Appellant. The clarification read, “…the Justice Lodha Committee having been constituted by an order dated 02/02/2016 of the Hon'ble Supreme Court of India is not a Public Authority within the meaning under Section 2 (h) of the RTI Act, 2005 and hence would not fall within the purview of the said Act…” After adverting to the facts and circumstances of the case, and perusal of records, the CIC observed that the Appellant has not filed the RTI Application with any public authority as required under Section 6(1) of the RTI Act.
Comments
The CIC has preferred to rely on the submissions of the respondent without referring to the definition of a public authority as per section 2(h) of the RTI Act. any authority or body or institution of self-Government established or constituted by notification issued or order made by the appropriate Govern­ment is covered under the definition of a public authority. As per section 2(a) of the RTI Act, "appropriate Government" means in relation to a public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the Central Government or the Union territory administration, the Central Government. It is apparent that Justice Lodha Committee having been constituted by an order dated 02/02/2016 of the Hon'ble Supreme Court of India is a Public Authority within the meaning under Section 2 (h) of the RTI Act, 2005.
Citation: M. Shanmugam v. Pearls Agrotech Corporation Ltd. and SEBI, CIC/SEBIH/A/2022/134030; Date of Decision: 14.03.2024
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

Apropos WIC dated April 25, 2024. The Congress bashing (Recall the Cong-led UPA’s arrogance of power) justified due to its dynastic and autocratic proclivities combined with dismal track record. But, the criticism cannot be allowed to rest here. It will be termed partisan. Things have not changed an iota! Selectively slamming the congress party cannot absolve the ruling dispensation from its constitutional obligations. The common perception is that the present dispensation has grown terribly megalomaniac and intolerant to freedom of press. And, worst of all- it is being chased by various controversies arising out of serial scams. Worse still, the factors like rising inflation, unemployment, rampant corruption, poor services delivery mechanism, lack of accountability and transparency, are noteworthy features. These may tilt the electoral results, one way or the other. Public is fully aware. Political coalitions are mere opportunistic alliances, marriage of convenience. ‘Public service’ is the profession of the politicians. Then , why condemn them, alone? The bureaucracy cannot escape its responsibilities and obligations under the law of the land. It has to share the lion’s share of the blame for the present state of affairs.
Sadly, true to their genre, the bureaucracy has been consistently failing by remaining pliant to the political class. It is gutless, even gum less to stand its ground and question the decisions of the temporary Executive. On the contrary, it is found ever ready to implement the orders of the political masters (legal or illegal).As consultants, the bureaucrats also advise the politicians on decision-making. Selecting bureaucrats to sensitive assignments is arbitrary, discretionary, based on pick and choose. Loyalty is rewarded. This has been the usual practice all along in the past under different political dispensations, both at the centre and the states.
A K Saxena (A former civil servant)

Neither noble nor majestic sounding noble and majestic but being neither defines the present day Congress Party. Congress of freedom fighters stood for sacrifice. Contrary to this, the present day Congress is a party of looters. The worst part of it is that it welcomes other looters, who were afraid of getting caught and punished for their crimes. It prides in such alliances, bilateral or multilateral. It openly encourages them to indulge in daylight robberies of national assets and justifies it too. It openly threatens law enforcement agencies of putting them in jail if elected to rule India once again in the 2024 elections to the Lok Sabha. It gets support, encouragement and ammunition to destroy India promising to overturn all the good work done in the last 10 years by non-stop assiduous work of a team of sons and daughters of Bharat, who owe allegiance to none other than Bharat. The children of Bharat belong to Bharat only and not some foreign country or ruler. The low standards of language of these looters and their alliance suffer from the limitations of a single language proficiency in English. They are ignorant of Sanskrit and its rich intellectual literature. The limitation of these looters, who prefer to call themselves only Indian, that too proudly giving an impression they are somehow superior to the rest of Bharat, act funny by presenting themselves as nobles or royals without being either is self-evident. They are to be pitied for their option to remain cut off from the Great Bharat.
M L Gupta

I am a social worker, who works for the benevolence of the people and fetch their grievances on the public platform for redressal. Recently, it has been brought to my notice that there is a rampant misuse of official vehicles by a retired officer, who has been engaged as OSD [Administration] post retirement in a statutory body by the name of the Commission for Air Quality Management [CAQM], under the aegis of Ministry of Environment, Forest & Climate Change. This practice of misusing official vehicle [pre and post retirement] is going on for the past many months [say 8-9 months] by the said officer for commuting from residence and office vice-a-versa with the connivance of his senior officers / coterie. Many times, when the vehicle is required by other staff / officials of the office for official purpose, it is not available to them. May I request the higher echelons of the Ministry of EFCC and the Commission to have a look into the matter seriously and stop the freebies offered to him instantly and recover the transport allowance as well?
D K Saxena

The Congressman who left Congress immediately after its Defeat in 2014 elections were opportunist and were in Congress for personal benefits only. But those who left congress after 2019 elections are real Congressman who eagerly waited for many years for things to improve in the party but found the left elements and AC room politicians grip on Gandhi family is absolute and party has no plans to capture power from BJP or be a large effective opposition so left with no choice left Congress for better political future. Like Kalidasa the greatest poet of ancient times who before becoming a great personality was found cutting the branch of the tree on which he was sitting, Congress is following the same Kalidasa logic by first submitting a complaint against AAP in liquor policy which paved the way for arrest of top AAP leadership and now is after Kerala chief minister by asking why he has been left out without arrest by investigating agency. How Congress and UPA can fight a United NDA under a powerful and popular PM when they themselves are trying to harm their own allies. As told by many Ex senior congressmen to the media that Rahul Gandhi has a poor team in AICC and close circle who always give him poor inputs and advice. The low turnout in the first phase may be an indicator that people are uninterested in voting as no good opposition is available to challenge the ruling party BJP which may get another term as till now no National leader from opposition has emerged as a challenger to PM Modi.
A K Saboo

The applicant referred to reply of earlier RTI application where it was mentioned that CGHS Rules are being followed for settlement of medical claims including dental medical reimbursement as applicable in Delhi NCR. The applicant submitted that since there is no clear circular or guidelines of FCI Headquarters, New Delhi for reimbursement of dental medical treatment. Therefore, Swamy's Medical Attendance Rule mentioned in the letter issued by FCI Headquarters is followed in most of the Offices in FCI while dealing with medical reimbursement of employees of FCI. The applicant contended that there is a huge confusion in most of the FCI Offices as to which Circular / Guidelines / Letter issued by FCI, Headquarters, New Delhi has to be adhered while dealing with reimbursement of medical claims. He requested to provide the clear information / FCI Headquarters Circular or Guidelines regarding any kind of medical reimbursement (which includes dental medical treatment also). The respondent replied that as per RTI Act, PIO is required to provide information as available with him in the form of O.M., notifications, rules, regulations, orders, letters and circulars etc. Queries / clarifications or interpretation of information is outside the preview of the RTI Act. The CIC held that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent
Comments
Legally, only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the PIO. However, it is an Obligation of public authorities under section 4(1) (d) to provide reasons for its administrative or quasi-judicial decisions to affected persons.
Citation: Shri CHANDAN v. Food Corporation of India, CIC/FCIND/A/2022/647480; Date of Decision : 18.03.2024
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

It is stupendous achievement of ‘whispersinthecorridors.com’. You have made history. You deserve of this country as a media giant with a difference. Moment of pride for me since I always unflinching faith & high regard for you. Heartiest congratulations. God bless.
K D Dixit
Hearty congratulations to Aditya Srivastava for being the topper
We wish him all the very best in the years to come and let us pray and wish to him that he keeps the political class at an arm’s length. The best thing to know about him is that he will not be snobbish as most of them are. And Mr Editor please do not forget that the Engineering services exam conducted by UPSC is equally or tougher.
K Srimivasa Rao
National Civil Service day-feelings
On the occasion of National Civil Service Day, I wish to share my feelings about selflessness and pragmatism in pursuit of civil service. These feelings got triggered in me a few days back.
One day, my two daughters who are creative and jovial, asked me as to when is my retirement from Indian Police Service. What I told them, with a mischievous smile, got crystalized into an emotive poem reinforced with a rationale.
Here it is:
" Session of my passion "
As my retirement from Indian Police Service gravitates towards me, session of my passion grows to infinity.
As my retirement from Indian Police Service gravitates towards me, session of my passion discards every vanity.
As my retirement from Indian Police Service gravitates towards me, session of my passion gathers more gravity .
As my retirement from Indian Police Service gravitates towards me, session of my passion acquires more ability.
As my retirement from Indian Police Service gravitates towards me, session of my passion assumes more stability.
As my retirement from Indian Police Service gravitates towards me, session of my passion adds more scalability.
As my retirement from Indian Police Service gravitates towards me, session of my passion passes every testability.
As my retirement from Indian Police Service gravitates towards me, session of my passion optimises the stellar visibility.
As my retirement from Indian Police Service gravitates towards me, session of my passion multiplies sense of vitality.
As my retirement from Indian Police Service gravitates towards me, session of my passion envelopes more sustainability.
As my retirement from Indian Police Service gravitates towards me, session of my passion boosts healthy antibodies for immunity.
As my retirement from Indian Police Service gravitates towards me, session of my passion sculpts red letter day for creativity.
As my retirement from Indian Police Service gravitates towards me, session of my passion discards any iota of frivolity.
As my retirement from Indian Police Service gravitates towards me, session of my passion teaches to bow to everyone with respectablity.
As my retirement from Indian Police Service gravitates towards me, session of my passion makes me wiser about life's fragility.
As my retirement from Indian Police Service gravitates towards me, session of my passion refuses to shrink in spirituality.
As my retirement from Indian Police Service gravitates towards me, session of my passion echoes with a depth of himalayan humanity.
After beating about the bush, I told my daughters whose patience was about to wear out, that it will be on 30th June, 2025. Both of them wished me the very best to assertively claim their return gifts. Such sporting are my daughters who have full support from their smart mother.
IPS D C Sagar, ADGP Shahdol Zone, MP