Whispers Forum

The applicant sought a copy of a Board meeting and related information. During the hearing before the CIC, the PIO submitted that a suitable reply was given on 06.05.2021. He further submitted that the applicant has filed writ petition no. CWP 1825 of 2020 and he has already filed the documents along-with the writ petition. The Cantonment Board also filed the reply with all documents before the Hon’ble High Court and also submitted all the documents which are related under the RTI Act. The CIC took serious note of the unnecessary delay in providing the reply. The CIC observed that the purpose of the Act gets defeated if a citizen has to wait for the second appeal hearing to get a reply from the PIO. Moreover, the reply dated 06.05.2021 was also not available on record. The PIO was issued a strict warning for not providing a reply on time. Further, he was cautioned to be careful in future and send written submissions to the Commission in advance of the hearing.
Comments
The PIO should provide a reply to the RTI applicant within the timeline prescribed under the RTI Act. In this case, the PIO if the Cantonment Board was cautioned to exercise due care in future to ensure that correct and complete information is furnished timely to the RTI applicant(s) as per provisions of the Act failing which penal proceedings under Section 20 shall be initiated. A PIO must exercise due caution to prevent such caustic remarks being passed against him.
Citation: Sanjay v. Chief Executive Officer Office of the Cantonment Board 229 Race Course Road, Ambala Cantt in File no.: - CIC/IARMY/A/2019/129849, Date of Decision: 12/05/2021
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

The Supreme Court (SC) has constituted a National Task Force ( NTF) to find solution to the oxygen crisis. The members are all eminent doctor-businessmen running their own hospitals or hospital chains. The present oxygen crisis is a problem in Supply Chain management (SCM) in which neither the Supreme Court nor any member of the NTF is likely to have any expertise. Even in hospitals owned/managed by these doctor members this is an issue which is handled by executives at much lower levers. It wont be a surprise if these doctors are not even aware how oxygen supply is arranged in their own hospitals. They have not even thought it necessary so far to set up oxygen facility in their own hospitals. Busy as they are running their hospital empires they are unlikely to have the time, even if they had the expertise to handle this issue. And they are to be assisted by officers (not below the rank of Additional Secretaries) - none of them would be capable of buying vegetables for their houses. Surprising that SC did not entrust the task to a retired Chief Justice. The task should have been entrusted to SCM veterans from FMCG companies like HUL, Reliance Retail, Amazon, Flipkart etc who have come out with actionable solutions. By the time the oxygen NTF comes out with its report the problem would sort itself out.
Raghavan
This is incorrect
The out going secretary Dr R K Vats also had a medical degree.
SS

In the wake of increasing Railway mishaps,sometime back ,a newly appointed Chairman of the Railway Board,in a closely monitored survey, had found out that most of the staff meant for the maintenance of rail tracks, signals etc ,was actually working at the residences of the officials.One of my friends,who recently became Director of a very important government department when counted his class D employees,he was astonished to find out that 25% of them were working at the residences of the retired senior officers of the department.It may be true of many government departments,but actually i was reminded of such an incident,which happened more than three decades back.
In the police magistracy meeting being held at the police lines, in the aftermath of killing of two innocent citizens at the hands of the terrorists,an elderly deputy commissioner said with visible concern on his face,''Since such incidents have increased in the area,we should increase the patrolling and the number of barriers in the city, as well as in the rural areas.''The SSP said that he had already taken up the matter with the DGP for providing more number of para-military forces and in whispers he also asked the deputy commissioner to speak to the Home Secretary for expediting the matter.The concerned SDM wanted more policemen to be deployed in the town , it being highly volatile communally . He had also apprised that the town had also been placed under curfew twice in the last 2 months .The SSP looked at the DSP of that sub division,who seemed already prepared with the answer,''Janab saade kol ttan nafri haini(sir, we do not have the force) .The SDM was a very outspoken person and would not be satisfied without going into the details.He wanted that very tall and heavily built DSP should give him the details of deployment of available police strength in the sub division.That triggered the bickering and rise in temperature in the meting hall .The deputy commissioner controlled the situation with overt embarrassment and perceptible difficulty.
Quite substantial portion of that area situated in the foothills was suitable for plantation of fruit trees particularly Kinnus . The throw-away prices of the land had tempted many higher-ups to purchase land there as the construction and commissioning of Dholbaha,Chauhal,Mehngrowal and Janaurhi dams had ushered in an era of assured irrigation to that perennially barani land.SDM had seen police tents pitched at some places, but he had not till then made inquiries as to whether some people were actually living in the tents in those deserted areas and in such colossally dangerous times. He started to collect their details through the Nambardars, Chowkidars and some trust-worthy Patwaris.He was astonished to know that the DSP, who was very vociferous in saying that sufficient number of police force was not available had purchased 25 acres of land and kept ten policemen in that land for its leveling and plantation of orchard. High ranking Civil officers, some even posted at Delhi had also invested in land purchases and through their contacts had also got such tents pitched in their lands for the same purpose.It was surprising that when it was considered unsafe to invest in the state , so many people were investing here.SDM noted down the ownership details and the number of policemen and civilians working at 6 such places .
In the next meeting of police and magistrates, it was proposed that at each police barrier a duty magistrate should be deployed.The deputy commissioner did not agree to the proposal on the plea that number of magistrates was limited and a magistrate would be put only where a DSP was performing law and order duty.Some police officers raised the issue of magistrates not being co-operative in detaining the accused under 107/151 Cr PC.Most vocal was the DSP, who had deployed his subordinate force at his newly acquired farm- house.The daring SDM then ,very politely explained that he had requested for a gunman for a number of times, but each time it was turned down with the excuse that there was no Nafri. Deployment of sufficient force at crucially vulnerable places was always being denied for the same reason Then he divulged the details of the Nafri ,which had been deployed at the farm-houses of the officers at different places.The meeting room momentarily witnessed pin drop silence,before SSP said that he would look into it.The revelation of nafri deployed at private farmhouses was apparently surprising and eye opener for many.Improper assignment of jobs has increased over the period to make it a regular visible feature and spectacle of misuse of power.
Recently,the Punjab govt has ordered that the police would provide food to the needy families of Covid patients at all hours.Is not the maintenance of law and order,the most essential duty and will not the duty of policing for citizenry,suffer colossally,if the police is deployed to serve food at all hours, though to the needy families of the Covid patients.Earlier the deputy commissioners had been ordered to start 'Sasti rasois' for the poor people.Who will govern, if the mainstream administration remains busy in cooking and serving food.Misplaced priorities of govt, have already made the administration hang in the mid-air.
Surinderjit Singh Sandhu

Last year, migrant workers walked down highways in a desperate attempt to get back to their villages hundreds of miles away as the nationwide lockdown kicked in. As Covid cases spike, and several states announce a slew of restrictions including night curfews and weekend lockdowns, migrant workers are, once again, staring at an uncertain future. A parliamentary standing committee report has recommended that the government should ensure a decent minimum wage, food security and safe living conditions to all workers employed in both the formal and informal sector. The committee also suggested the launch of a national database on migrant workers as it will help in the identification of migrant workers and in delivering ration and other benefits to them. Nothing much has moved on the ground till date. And migrant workers are boarding buses and trains to get back to their villages. Much of this could have been avoided.
Rakesh Tabeck

The growing intolerance among DMs, ADMs, SDMs/SPs, DySPs, serving in States, is a disturbing trend. We are sick of watching visuals in TV showing government officers getting physical with general public. Slapping the poor, beating with shoes, ordering sit-ups, batoning senior citizens in full public view, is reprehensible. They have earned the sobriquet ‘thappad-baaz’ officers in MP and Chhattisgarh. Junior officers follow seniors.
Recorded videos of official high handedness , are uploaded with pride by civil servants on You tube. All for cheap publicity.
One is amazed that the cadre authorities have been turning a Nelson’s eye to such aggravated misdemeanours involving infringement of Conduct Rules by publicity seeking bureaucrats. The offenders, more often than not, go scot free by virtue of their loyalty to the political class.
Are they fit material for civil services? Not, at all. They are fit to be designated as "Civil Masters " rather than "Civil Servants"?
A K Saxena (A former civil servant)

Attention to Hon'ble Finance Minister Many positive steps have been taken to increase tax compliance and make the process of ITR filing simple, painless and seamless. But in doing so the ITR filing for salaried class have become difficult when capital gain is involved. Tax compliance is highest in salaried class and filing return using ITR1 form when there is no business income. Now in capital gain cases even there is no tax liability, tax payers are being forced to file return using ITR2 which is lengthy, difficult and complex form. In case of LTCG, even if LTCG is less than 1 lakh or loss in transfer of equity or equity oriented MF, one is forced to use ITR2 and fill up the Table 112A of Schedule CG which is not easy to fill it up without the help of professionals CA. This can practically be checked by Finance Minister or Revenue secretary to fill up the Form ITR2 themselves without taking any help from professionals by assuming there is sale of equity shares and redemption of MFs which was subscribed using SIP and LTCG is less than 1 lakh below taxable limit. It is quite logical when there is no tax liability on account of LTCG why force tax payers to fill up ITR2 and fill up the table 112A like giving full ledger details of the account without any tax revenue to the Govt. but only trouble to tax payers. It is submitted to Finance Minister to consider giving the option to tax payers to file return using ITR1 or ITR2 if there is no business income and no tax liability on account of STCG or LTCG on transfer of of equity or equity oriented MF. It is logical and justified. It will ease out the problems of salaried class/pensioners/others who are filing returns using ITR1. Even there is tax liability then ask only consolidated figures of purchase and sell in case of LTCG also like STCG to make the filing process seamless and painless. There is no point of asking script wise details for LTCG as it serves no purpose except records. In case of scrutiny the details can easily be asked and verified. No point of aping the west when our situations and conditions are entirely different from west. CBDT may like to look how to reduce cash transactions in case of professionals where there is large leakage of tax revenue. Cash transactions remains away from the Govt. financial system and no means to check it. Assuming if 60 to 70% of contract value is paid in cash, Govt. looses the tax revenue directly and no way to find it out. CBDT may consider to work innovative way to assess the income of professionals using AI and modern technology as on date no tools or methodologies are available. CBDT may also consider to extend the date for submission of FORM15H/G by July 2021 as physical submission to banks and post offices not possible due to lockdown and online submission not available in PSU banks and post offices. Govt. should make mandatory for all PSU banks and post offices to provide the on line submission of Form 15H, then it will ease the problem of submission of Form 15H specially for Sr. Citizens. Let the last 15H submitted for FY 2929-21 be applicable for first quarter of 2021-22. Looking forward for positive consideration of above points by Finance Minister.
Naveen

The Appellant submitted that he had filed written submissions at CIC in respect of his second appeal No. CIC/SBIND/A/2017/120059 on 23/07/2018. In this connection, he sought a certified copy of the said written submissions. The appellant submitted that certified copy means, stamp has to be affixed and designated officer has to sign the document and give it. He admitted that the Commission cannot certify a document not generated by them but was concerned that his written submissions was not received at the time of decision. The PIO submitted that the written submissions dated 23.07.2018 of the appellant were available on record at pages 50-97 of the PDF file no. CIC/SBIND/A/2017/120059. The PIO replied that there is no provision for providing certified copy of the documents provided by the appellant to the appellant himself. The CIC upheld the order of the PIO.
Comments
The information generated by the applicant is not held by the PIO. Being the originator of the information, the applicant is the holder of the information. This view has been upheld by the Madras High Court in W.P no. 26781 of 2013.
Citation: Prakash Ishwarbhai Patel v. RTI Cell, Central Information Commission in File No.: - CIC/CICOM/A/2019/116199, Date of Decision: 23/04/2021
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

Media reports have come stating that only those who have secured a good rank in IIT-JEE Main examination will be an essential requirement for selection to the technical branches of Indian Army through Technical entry scheme. It is very short sighted and unfair policy.
First of all, those who secure a good rank in IIT-JEE, and more so their parents, think that such children are gift of God to humankind but not to the Armed Forces. Given a choice, how many parents of such children will let their children prefer the armed forces over IITs.
Getting into an IIT is the first step towards realising the American dream for such children. Or they will go for the IIT/IIM combo after which they will enter careers selling cigarettes, alcohol, potato wafers etc or inti investment banking, management consulting all of which offer a starting salary which is more than what the Chief of Army gets after 40 years of service. Surely the choice is clear.
Another important aspect is that almost all the children who get good ranks in IIT-JEE are likely to be middle to upper income families from metros with access and affordability to very expensive coaching schools. All this will deprive boys from tier-2/3 towns and rural areas ,who are otherwise quite intelligent, deprive them forever from joining the armed forces.
This is grossly unfair. The Armed Forces must realise and reconcile to the fact taht the catchment area for manpower for them will be only from rural areas and smaller towns. Armed Forces must also realise that they too have an obligation to contribute to the economic well being of citizens in rural areas.
What requires upgradation is not the standard of students which is quite adequate but the standard of their technical training establishments, their faculty, infrastructure, testing methods etc. Instead of going for a soft and lazy option of insisting on IIT-JEE ranks, they should bring up the standards of their training school to the level of IITs. They actively seek the help of IITs for this purpose. IITs are also funded by the government and they should come forward to help th Armed Forces upgrade their institutions. I do hope many ex-servicemen among the readers of this site will take this up and see that justice is done to large number of rural children including children of exservicemen.
R. Subramanian

I was user of IGL PNG connection having BP no. 4000377744, my connection was disconnected on my request on 8.4.2021 as I have to vacate Government accommodation. I have paid all the dues on 13.4.2021. I requested several times for NOC, I visited control room Anand Parbat many times. I complained through customer care, mail, twitter but still I could not get the NOC, due to which I am not able to vacate my quarter and thus loosing my HRA . Please go through my all effort called the complaints lodge by me, mails, and take a necessary action. I will go to consumer court for my grievance. Thanks and regards
Arun Kumar
Getting the salary and not spending its one penny.
A few days back,it was widely reported by the media that one lady mining officer,was caught red-handed by the sleuths of the vigilance department,while accepting substantial bribe money, from a crusher owner.The mammoth mining scandal of swindling the govt ,by the mighty politicians,has been talked about by one and all in Punjab relentlessly for more than a decade,without an iota of change for the better,despite the cm having taken an overview of the situation in a helicopter.Officials taking bribe and the incarcerated,is very common event,but when a lady is caught in this situation,people are more aghast as the ladies are not imagined largely as corrupt.However this traditional man bastion has slowly been broken by the ladies to break even in gender issues.It has been alleged that the arrested officer had not drawn her salary from the bank for the last three years.It has surprised some,as to how the lady lived without drawing her salary.The alibis can be many.I remember,when Lal Bahadur Shastri ji was Railway minister of India,he resigned from the post ,taking moral responsibility of a railway accident.Can mining minister of Punjab now take moral responsibility of a corrupt officer working under him and caught just near to Chandigarh ,and resign?.Such officials must be dealt with under article 311(2)b and summarily dismissed.Will the cm see to it that it is done?
Some decades back,a young IAS boy was allocated Punjab cadre,and he was posted as SDM,in a big sub-division.He did not withdraw a single penny from his salary for about 2 years.Then his blue -eyed reader,annoyed at his not deciding a case,in a way he wanted it to be decided,made a complaint against him.He not only attached his bank statements along with the complaint,but also mentioned about as to who was managing his kitchen and who was paying for his sweepers and laundry.The officer ,when asked to explain,stated that he was a rich man,had land in his name ,and his father and elder brother regularly gave money to him.Those were easy days and cash flowed and flowed back without any fear.So alibis were proved,though completely,wrongly and the officer stood exonerated from all charges by a liberal senior,to reach the highest ladder in the state later.
There was a Tehsildar,who would tell everyone known to him that where should the honest officers go and how can an honest officer survive with such a paltry salary.He had make every endeavour to wrap himself in aura of probity and righteousness .I was posted at Jalandhar,when that officer's representation,who had retired, caught my attention.In his representation, he had revealed that for seven long years salary had not been paid to him.He had calculated the salary amount and the interest thereon.In order to sort out the matter,i made discreet enquiries.In those days a nazar of tehsil would draw salary from the treasury and pay it to the employees in cash.The unpaid salary would be kept in the safe of the nazar for sometime and then surrendered to the treasury again. The salary was not paid in the employees' bank account as is being done presentlyIn this particular case,it so happened that the entire record ,was consigned to the district record room.The officer never bothered about his salary.And on one fateful evening,the record room was caught fire and there not a single paper could be saved.So was no evidence was left that he had not drawn his salary.
Surinderjit singh sandhu, Amritsar

India is faced with a strategic strike against it in a field perhaps not anticipated - Health Care of people and its Infrastructure existing currently today. The Wuhan Virus unleashed in 2019 has brought the world to its knees . Globally countries are reeling from high death rates ,successive infections and overwhelmed doctors, nursing staff and healthcare workers. Surprise is the first principle of warfare. Chanakya, Sun Tsu , Clausewitz and more wrote reams on this subject . The think tank which launched this Strategic Strike globally have precise aims . Indians forsee this Wuhan Virus being around for a few years more , likely 2025-26. Should we create standing infrastructure against Wuhan Virus and mutations ? Or should India create Battlefield Hospital capabilities across the land as the Indian Armed Forces has built since 1947. The second option is less expensive and can be located in the 23 AIIMS HOSPITALS now in place and being commissioned rapidly. Economics is the foot soldier of power and a viable model is needed as we progress in the 21st century .
Devindra Sethi
Sanjay Naik promoted as DMD, SBI
Extremely happy, hearty congratulations Mr Sanjay, you richly deserve the elevation as DMD, my best wishes to you
Vijay Raj
Delhi govt should not waste on advertisement and freebies
Most fervent appeal to Delhi government four making a check on wasting humongous amount on advertisement and freebies to residence and instead use for better management of community services
The contents May kindly not be treated as aspersions or accusations but only suggestion for effective welfare of society
Delhi is passing through turbulent times particularly in this corona crisis when there is mud slinging on oxygen supply and others medicines which been created in short supply and all the allegations have been labeled to central government.
We should not be bete noire of any government in this delicate time ,every penny counts and matters ,criminal spending on long advertisements highlighting various schemes on the Rhetoric hyperbole which can otherwise be gainfully and meticulously spent on developmental works
There could be many governing agencies controlling delhi but the aim should not be always to be involved in mudslinging but serving the people with better facilities by creating a homogeneous ecosystem with the sole objective to provide best in Delhi. Delhi is multi factorial society and small richness s ection is taken with anathema and all the freebies for the poor section are given at the cost of little financially sound people.
Diversity has become a source of schism of virulent kind and a type of lynching is happening again the upper strata of society. We should not forget that it is this section which is absorbing onslaught of livelihood of poor people and this inter-dependence is need always
The business community is dying every day at the hands of government machinery , loaded with staring eyes of corruption.
We were sanguine with your dispensation that equanimity will be observed without cast , creed or financial gap ,but the poor our brothers only )who are assured vote bank for you are given plethora of facilities like free electricity up to 200 units ,20,000 L water education at the cost of hard earned tax from people falling in this category
It is easy to grant these free facilities but impossible to withdraw at the later stage as that will lead to bloodbath and paralysis by demo stations
By giving big advertisements people to do get attracted and it becomes a big tool for electoral victory but it should be the work that should become favorite and not the advertisement gimmick .
Kindly save Delhi and realign the spending for better results and not not for only self praise with the sole aim to win the election which we pray too ,but people at large should not be made to feel strangulated and die because of this central , state disputes always
Mahendra Goel

A state information commissioner is resigning to join as advisor to CM Uttarakhand. And Chief ICs of states usually join after retiring as chief secretaries. What harmonious existence between Government & information commission - great for its autonomy.
Yashovardhan Azad.
Former IPS officer and former CIC
Nationalization of private hospitals will lead to fall in standards of health
Harish Kumar by suggesting nationalization of all private hospitals is taking back the nation to old age of caves wherein in the Government servants will grow, misuse office perks & facilities, take their due leaves, reservation in medical services at the cost of quality, promotion of mediocrity and as result cause huge loss to exchequer & falling standards of health in the country.
Anurag Srivastava