RTI Elections at Satara Branch of ICAI
The appellant sought information regarding the elections held at Satara Branch of WIRC of ICAI such as the copies of the explanations demanded by Secretary, ICAI from the returning officer while enquiring about his misbehaviour in conduction of election of Satara Branch of WIRC of ICAI along with copies of the clarifications given by the returning officer. The CIC observed that an improper reply has been provided to the appellant as in the reply of the CPIO, it has been stated that “since the re-poll was held at Satara Branch of WIRC of ICAI, no action in the matter was required”. The PIO was directed to provide a revised reply and was cautioned to remain careful while providing replies under the RTI Act.
Comments
Not only the general elections, but the elections of other public authorities have been the subject of RTI applications. While replying to an application, the PIO must address the specific issue raised by the applicant.
Citation: Makarand Narayan Joshi v. The Institute of Chartered Accountant of India in Decision no.: CIC/ICAOI/A/2017/183447/00585, Date of Decision: 06.05.2019
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 toRTI. Her other articles can be read at the website of RTI Foundation of India at the link: http://www.rtifoundationofindia.com/
Forum “Guard Against Accidental Bureaucrats ”
DEBATE (1)
In a first, nine private sector specialists were selected by the UPSC for appointment as joint secretaries in union departments under the Lateral Entry Mode. Competition was fierce as more than 6000 applications were received. Appointments were made in sensitive ministries like civil aviation , commerce, Economic Affairs, Environment, forest and climate change, Financial services, New and renewable energy, Road transport and highways, Shipping, Agriculture, Cooperation and farmers welfare. The authorities failed to assess the impact of purported decision on civil servants ? A walk-the talk across the corridors of power would reveal that taking hasty and ill-advised decision without consultation, has caused massive anguish and anger in Indian bureaucracy. Was the Committee of Secretaries consulted. If, not, why ?
It is time to place all relevant documents in the public domain to for sake of transparency. Silence of serving bureaucracy is baffling and shameful. Be that as it may, the Government will have much to explain.
Some questions are bound to crisscross the minds of informed citizens. Let us see, how ?
( a ) How could the authorities ignore massive heart-burnings, that the decision would cause among serving bureaucrats? Views of cadre-controlling authorities of all organized services should have been obtained for facilitating a holistic view . This was not done. It is understood that a coterie of favourite bureaucrats alone was consulted. Why?
(b) Will the initiative add value to Good governance ?
(c ) The general suspicion in the power corridors is that the UPSC was associated with selection process by way of a stratagem to lend the semblance of credibility and acceptability to the selection process.
(d ) Is the current dispensation dis-satisfied with the laidback bureaucracy ? Why, the trust deficit ?
(e ) Were comprehensive background checks of nine contractual appointees carried out ? This should have been imperative considering the sensitive assignments that the lateral entrants would be handling at the cutting edge level while holding extremely sensitive positions ?
(f) Will induction of private sector specialists into government mainstream bring about magical changes in country’s economic health like rise in GDP, reducing rate of inflation, poverty alleviation ?
(g) The nine domain experts from private sector are liable to manipulation by big business houses through policy formulation in their favour . This is not to cast aspersions on the merit of the executives. But,the moot point is that they are not trained to uphold the doctrine of bringing maximum good to maximum people.They are trained only to maximise profit for their employers, by hook or by crook. How could career bureaucrats belonging to different organized services take it lying down?
( h) Another important point. Once appointed as Joint Secretaries, they would be immune from investigation by the CBI without the explicit sanctions of competent Authority. The practice of taking approval of the Government for carrying out even preliminary investigation, was dismissed by the Supreme court .The status-quo- ante based on doctrine of Single Point directive, was quickly restored by overturning SC’s verdict by the Parliament. All political parties voted unanimously to reverse the Apex court’s verdict.
(i) No wonder, the contractual specialists hired for three years tenure , under political patronage could even be appointed as CVC or Director CBI. Institutional integrity is being willfully eroded. Ironically, the proverbial steel frame of bureaucracy, usually in Manmohan Singh’s mode, has learn by experience to be pliant and subservient to the political masters. It is spineless. Bound by Conduct Rules , it has no other option but to shut up and put up. Let them remain gutless and speechless in their own interest .
( j) Taking a cue from the Centre, States governments would be quick to install their protégées in bureaucracy. The new brand of committed bureaucracy will enjoy salaries, perks and privileges out of tax payers money as rewards for political loyalties.
(k) What are the safeguards against leakage of sensitive data and information from government files to the corporate lobbyists, media and foreign business and intelligence agencies?
Conclusion:
Absence of accountability and transparency will mean "fixed matches”. Irrespective of selection criteria, unwarranted interference by top business honchos and the political class in appointment of such “Accidental bureaucrats” cannot be ruled out. Corporate lobbyists, touts, fixers, brokers, will have a free run in the country. Decisions would be mired in “ Conflict of Interests” conundrums. Politicians have vested interests in nurturing and promoting the ‘committed bureaucracy’. Mutually beneficial. The elite bunch of high net-worth lateral entrants will have no fear of anti- corruption agencies. All exempted from pre-dawn raids by the CBI, ED, IT. Political patronage. No fear of tongue- lashing, threats and expletives by the political class. But, involving them in policy formulation without field experience is incomprehensible and ill-advised. They cannot be treated at par with members of organized services. No level playing field.
This is not to give a clean chit to the regular civil servants. The laggards and the corrupt among them must continue to be punished with major or minor penalties as per Conduct Rules. Repercussions of the ill-advised move will be visible soon. It will be too late for DOP&T &AR to carry out mid-course correction
A K Saxena (A former civil servant)
Modi to get more seats
Modi is going to get more seats than he did in 2014.
Vijay Kumar
Cabinet Form of Government or NAC Form ?
The Congress Party in its election manifesto has promised to revive the NAC (National Advisory Council). It was also discussed by it in the conclave of several opposition parties held last month at the Talkatora Garden in Delhi. Surprisingly, the Civil Society members, who have publicly appealed to defeat Narendra Modi, were present but never objected to this un-constitutional provision. The NAC was more than a full council of ministers headed by Sonia Gandhi as Chairperson. It had retired CJI, Judges, bureaucrats, members of the civil society and a secretary to the government of India serving it. It was a government over a government, a de facto government over a de jure one. Now, that is patently unconstitutional. But it worked for 10 years. It was a parallel government. It took decisions without any accountability. It had access to government files unofficially. It proved a point that a government can be run in India outside the constitutional scheme of things. It would be extremely unfortunate if the NAC ever again comes to rule India. In simple terms it means “outsourcing” government to unelected people. It means a “parallel government”. It means a licence to loot the country and its assets. It means establishing a black economy and parallel economy. It means corruption, scams and scandals. Worst of all, it means sabotage of the constitution of India. The UPA-I & II regime during 2004 through 2014 had proved it so dauntingly that there was no need for the constitution or the constitutional scheme of governance or a cabinet form of government because the NAC had worked much better than the cabinet form of government under Manmohan Singh. After all, people’s perception is that Manmohan Singh was no functional prime minister as it was indeed Sonia Gandhi. That fact can’t be easily controverted. The logic though is as contorted as the claim that the National Emergency (1975-77) did serve the people better as trains were run on time! Voters need to use their own sense of wisdom.
M L Gupta
