Whispers Forum

Appellant was denied cashless treatment by Fortis Hospital, Mohali and he lodged lodged a complaint for taking strict action against the Hospital. However, no response was received on his Complaint. Appellant sought the present position of his complaint and action taken against Fortis Hospital for allegedly playing with the life of a Senior Citizen. The PIO, CGHS feigned ignorance of the matter during the hearing and was unable to respond to the queries raised by the Complainant as well as the CIC. The CIC cautioned the PIO over his casual and callous approach and his ill-preparedness. The CIC instructed the Directorate General of Health Services (DGHS), to depute an officer of an appropriate seniority to examine the matter and fix responsibility and accountability on the delinquent officer for not responding to the RTI application as per the provisions of the RTI Act, and submit its report within a period of 30 days.
Comments
There have been complaints against hospitals approved by CGHS claiming that they are not providing the facility to the patients as per norms. This case provides a possible way by which the DGHS may be forced to deal with the situation.
Citation: Mr. D. C. Gupta v. C.G.H.S. in Complaint No.:- CIC/CGHSD/C/2018/159391-BJ, Date of Decision : 13.07.2020
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

Latest media reports on India’ bilateral relations with Iran are disturbing. Indian shias are not happy at these unsavoury developments. Reasons are not far to seek. Deals on development of Chabahar port and construction of Rail project signed in 2016, stand cancelled by Iran citing stoppage of fund flow to Iran by India, obviously under US pressure.
The serious setback has caused massive diplomatic embarrassment & geo-political loss to India.
China, as always, was One-UP India . Taking advantage of growing mistrust between India and Iran , China was quick to play the Master stroke by promising huge investment in Iran for 25 years, promising billions of US dollars to Iran.
Pathetic for MEA and PMO. India's partial investment in Chabahar has gone waste. Now, we have to search for new routes to Europe, Afghanistan and central Asia, Russia etc.
Could this not be attributed to failure of India’s foreign policy ? Lack of foresightedness on part of our laid-back mandarins in MEA , over-confident Foreign Minister, the NSA and ill-advised PM? Who monitored the Chabahar deals executed with Iran in 2016 . PM Modi would have much to explain to the Parliament.
Was this due to secret pressure from the US as widely reported in the Media ? If so, why was pressure not resisted to protect India's sovereignty ?
A K Saxena ( A former civil servant)

Iran drops India from the Rail Project-Diplomatic Failure or Failure of Economic Intelligence ?
Iran has just dropped India from the Chabahar rail project in which India has already invested $ 500 million. The strategic infrastructure project along the Iran –Afghanistan border was finalized four years ago as part of a trilateral agreement between India, Iran and Afghanistan. The project was aimed at connecting India with Afghanistan and Central Asia bypassing Pakistan. The deal was inked in May 2016 and the first phase of the project was inaugurated in December 2017 and the entire project is scheduled for completion in March 2022.It has been alleged that Iran’s decision to drop India from this vital infrastructure project and go ahead with its construction with funding of $ 400 million from the Iranian National Development Fund is entirely attributable to delay in funding from India. This development should be considered a major set back to India and Prime Minister Honourable Shri Narendra Modi has to do the required damage control byclearing not only the pending bills with the Government of India but also provide some advance funding with an assurance that India is willing to provide the additional funding to the tune of $ 400 million required to complete the project in March 2022.This is important since China has finalized a 25-year strategic partnership with Iran for $ 400 billion for various infrastructure projects that will help China connect to Gwador port in Pakistan that will enhance its strategic influence in the region.Indian diplomats have to move ahead quickly since just a week ago the Iranian Transport and Urban Development Minister Mohammad Eslami inaugurated the track laying process for the 628 km Chabahar – Zahedan line which will be subsequently extended up to Zaranj across the border in Afghanistan.
Dr Sitharam Gurumurthi IAS (Retired)
(Former Member State Planning Commission & Additional Chief Secretary to the Government of Tamil Nadu Retired)
Founder Chairman
It is evident that there is trust deficit between income tax administration and tax payers. The result is less tax collection and less number of tax payers.Trust deficit is not only outside the department but within the department also. Trust deficit gives rise to tax harassment and tax terrorism. These words are neither liked by the tax administration nor by the tax payers. Even society does not like these words. Now the point is how to overcome the trust deficit. There are series of steps which can reduce the trust deficit but also enhance the image of the department. First and foremost is simple rules to follow. Simplicity is the key to success. Do not make the things complex. Income Tax Act is well defined but difficult to follow. Asking unnecessary details keeps public away from filing returns. Asking the details when there is no tax liability is one such example. In case tax authorities ask 350 millions people to file return to proof that their income is not taxable. It is something beyond imagination. Now see the example under Sec.112A, it is exempted upto 1 lakh on LTCG but the tax authorities are asking the details whether there is LTC loss or gain upto 1 lakh. Still the details to be given in return. Why?? There is no one to see or observe such things in Govt. It gives unnecessary problems and trouble to tax payers in filing the return. Such details where there is no tax liability, not to be asked by the department in return filing. There should be provision in the return forms to report the gain under section 112A upto 1 lakh in exempt income for reporting purpose and also to report LTC loss in case of transfer of equity or equity oriented MF. Secondly the mindset of working of tax authorities to be friendly with tax payers but not master and servant relation. They should provide necessary guidance to tax payers in case of difficulty. At present if tax payers approach the department for any advice/help, details such as PAN no., address etc.are asked. Why all these information. Tax payers become scared to approach the department in future. Things can ve worked out in simple and friendly way. But still the department is no mood to simplify the filing procedure. Tax payers have started filing the return and facing the difficulties in filing the table Sec.112A when there is loss and gain is less than 1 lakh. Govt. to consider such problems and issue necessary guidelines for simplification of filing the returns.The department still has no methodologies or tools to assess the income pf professionals, traders, businessmen etc where the tax compliance is not only low but tax collection is also low. Let the Govt. to work for innovative solutions for increase the tax collection. Suggestions from public should be welcomed by the Govt. to work out for better tax compliance. CAs always looks for their business and they want tax payers to approach for small problems also.
Naveen

The website of the SFIO or Serious Frauds Investigation Office does not show a citizen’s charter. It is the Mann Ki Baat of the citizens of India that the SFIO deals with public complaints of frauds and redress them without further harassment of court procedures in normal courts or Consumer Fora etc. One cause of high pendency in courts is related to civil matters like frauds played on the citizens by corporates. Take for example the fraud involving “franchise” offers and contracts and frauds by Nirav Modi or Mehul Choksi on young entrepreneurs. The SFIO should be able to refund the money of an applicant entrepreneur paid towards registration and security etc. For this, the assets of the corporate may be seized or if already seized as in the cases of Nirav/Mehul etc. by any agency, may be utilized as “first charge” and the entrepreneur paid first. As the “business” of franchise is increasing by leaps and bounds going by Newspaper advertisements regularly, the number of serious frauds too is on the increase. Prescribing legal remedy through a court of law is admission of failure of the government to ensure governance as by law sanctioned. The government can’t intimidate the citizen by threatening recovery of dues as “arrears of land revenue” and leaving the citizen to the mercy or cruelty of the Serious Fraudster!
M L Gupta
India would remain intact
Jinna is said to have suffered from Cancer not TB !
Kumar

It would be a good idea to rename Shanti Path (in New Delhi) to His Holiness Dalai Lama Road. That way the Chinese Embassy address on all their communication letterheads etc would be China Embassy, 50-D, His Holiness Dalai Lama Path, Chanakyapuri, New Delhi, Delhi - 110021
Arvind Jadhav
“Settle Scores with China, Pak, Nepal”
India's appeasement policy towards expansionist China is irrelevant. China is a past-master in playing mind games with its neighbours. Take India. China first engaged India in expanding trade relations and then started indulging in land grabbing by PLA troops. They have insatiable appetite for land. There is massive tension, of late, at LAC by China besides increasing its maritime presence in the Indian ocean.
Two Indian drivers serving in Indian High Commission, Islamabad, have reportedly been kidnapped by the ISI today i.e. June 15. Conspiracy suspected by India. The incident comes days after India expelled two Pakistan High Commission officials here on charges of espionage. Pakistan is hell-bent on escalating the crisis. Not bothered about combating corona virus.
After Dhoklam stand-off, China started conducting military exercises in POK followed by Ladhak face-off. It has instigated Nepal against India to revive border issues. No wonder, Nepal could embarrass India by agitating its boundary dispute before the UN dominated by China as permanent member of UNSC. China is operationalising its String of Pearls policy against India.
India must remain alert. Let it strengthen its trade ties with Mongolia which has troubled relationship with China. India must revisit its One- China policy by promoting cultural, commercial ties and upgrade its diplomatic status with Taiwan.
Pakistan considers terror attacks in the valley as its birth right. India must launch surgical and aerial strikes instead of fighting proxy wars that suits Pakistan.
Why ignore India’s internal saboteurs like the Congis, Commies, maoists , urban naxals and pseudo intellectuals whose sole aim is to de-stabilise India.
India must take steps by having 2-front policy taking on Pak &China. India will have to contain Pakistan and China together by taking aggressive stand. A full-scale war against India’s hostile neighbours with the active support of US and its allies. China is building more artificial islands in South-China sea for locating additional military bases ?
A collective offensive by the US along with India, France, UK, Japan, Australia, Vietnam, Philippines and other allies is the only option to stop the expansionist China. It could ignite potential flash points especially in South-China sea region.
Pro- active steps must be taken before the rogue countries could launch pre-emptive chemical attacks or release another virus deadlier than Corona Virus, targetting India.
Imagine , what would happen if China, Pakistan, and Nepal attack India at the same time? For India, the foremost threat could be from China whose sole objective is to capture Siliguri Corridor (Chicken's Neck) so that Indian hinterland could be cut off from its North-eastern States.
A K Saxena (A former civil servant)

Zulfikar Ali Bhutto served as the President of Pakistan from 1971 to 1973 and as Prime Minister from 1973-1977. He founded the PPP (Pakistan People’s Party) n 1967. His father was a Diwan of the Princely State of Junagadh (now in Gujarat) and was very influential with the British Raj. As a young boy Bhutto (1928) moved to Worli Sea Face in Bombay to study at Cathedral and John Conon School and then moved to study at the Universities of California and Oxford. He had a meteoric rise in his political career becoming the youngest member of Pakistani delegation to the United Nations in 1957. He became a trusted aide of Pakistan Premier General Ayub Khan who appointed him as his Foreign Minister in 1963.
On March 5 1963, Bhutto signed a Sino-Pakistani Territorial Boundary accord by giving away 750 square kilometers of land in the Pakistan Occupied Kashmir to China. Earlier in 1962 when Zhou en Lai and Mao of China invited Pakistan to join hands with China to rest the State of Jammu and Kashmir from India, Bhutto jumped at the idea but President Ayub Khan not only shot it down but proposed “joint defence union” with India. Bhutto was horrified at this idea and felt that Ayub was lacking in basic knowledge of international relations. In 1965, on Bhutto’s advice, Ayub Khan launched the operation Gibraltar to liberate Kashmir but that ended in a total fiasco as the Indian troops inflicted a crushing defeat on the Pakistan army. In January 1966, he had to eat the humble pie when he accompanied President Ayub to meet the Indian Prime Minister Lal Bhadur Sastri in Uzbekistan to negotiate a peace accord. This made Ayub highly unpopular and Bhutto resigned from the Cabinet accusing Ayub Khan as incapable. When Bhutto came to know about India’s nuclear programme, he justified starting a nuclear programme for Pakistan on the ground that the Jewish (Israel), Christian (South Africa) and Hindus (India) had built nuclear capability and Islamic civilization should not lag behind.
In the Shimla Agreement with Mrs. Indira Gandhi in 1972, Bhutto received 93000 POWs and recovered 13,000 square km. of land held by India. That was an excellent opportunity for India to recover the Pakistan Occupied Kashmir but Mrs. Gandhi somehow had not insisted on Pakistan’s withdrawal from POK though Bhutto was in no position to negotiate as he was a passive witness to the birth of Bangladesh. In my view, it was a missed opportunity.
Pakistan Under Bhutto is the title of a book written by Shahid Javed Burki, who was a Rhodes Scholar at Oxford who joined the Civil Service of Pakistan (CSP) in 1960. After the civil service was dismantled by Zulfikar Ali Bhutto who served as General Yahya Khan’s Prime Minister, Burki joined the World Bank in 1974. Javed Burki officiated as Pakistan’s Finance Minister for a while in 1996-97. I used to know him when I was a graduate student at Penn State, USA under the pilot group of Hubert H. Humphrey Fulbright Fellowship in 1979-80 as he used to visit State College Pennsylvania to meet my Advisor Professor La Porte Jr. over week ends.
The main thesis advocated by Burki in his book s that while a civil servant might be a source of irritation and nuisance, he could never pose a threat to the political power at the top. When the steel frame of the civil service is subject to meddling by the political bosses, it will lead to the defence chiefs asserting themselves that could pose a threat to the political power. As Prime Minister of Pakistan Bhutto used to treat his civil servants with little regard or respect. He used to send his favorites to plum foreign assignments but when they return to Pakistan after completion of their tenure Bhutto used to note LBW on their files which meant “Let the Bastard Wait” and will make it known to everyone. He promoted Zia ul Auk to General overlooking several others senior to him but after promoting him he used to treat General Zia ul Haq like a door mat and make him stand before him removing all the chairs in his room. It was a court in Pakistan that gave Bhutto death sentence but General Zia ul Auk simply kept quiet though he did enjoy the powers of giving him pardon. There was hue and cry from all parts of the world that included the US President Jimmy Carter to stop Bhutto’s execution. Bhutto was hanged at Lahore on April 4, 1979.
Dr Sitharam Gurumurthi IAS (TN 1972) Retired

ENFORCEMENT OF MASK WEARING-SUGGESTIONS FOR IMPLEMENTATION
1. From reports in Newspapers and Electronic media, it appears that large number of people DO NOT wear mask/improperly worn, while on the roads. Not only are they endangering their own life, but also of others. Government(s) have frame rules for levying penalty on such violators. Problem is of its implementation at ground level. Most of Indians take PRIDE in violating rules/law!! So a strict enforcement mechanism has to be put in place to change the BEHAVIOUR of people.
2. Knowing well that there is shortage of Police Personnel and other Government officials, there is a need to enrol volunteers (young and physically fit) from public and entrust the task of monitoring “Wearing of Mask”. Volunteers should be taken from the nearby areas and selected by a committee consisting of Police representatives, shop owners of the market.
3. To begin with, we should concentrate on popular markets like GK-1,Sarojini Nagar, Ajmal Khan Road, Sadar Bazar etc.(similar markets in other cities).Form a team of 3(three) young persons(preferably one woman) and give them POWER to fine people not wearing/improperly wearing MASK on roads.
4. They should be given a short stick (for self defence) and one handheld machine for collecting fees and issuing receipts. A group of 12-15 such teams should be formed for ONE market They should be under TWO supervisors who should be equipped with walkie-talkie and linked to the nearest Police station.
5. All these volunteers should be paid Rs 700 per day in addition to medical and personal insurance for SIX months.
6. This exercise should continue at least for 3months continuously in a particular market/area. This may have some impact and it becomes a HABIT for people.
7. This could be extended to other areas depending on the availability of volunteers.
8. Such exercise should be tried in other major cities also.
S Gopal

Summing up those times -a-historic Mahatma Gandhi alone understood the complex times that were faced by the few supporting him in fighting the British Empire for full freedom for India. Nehru was mostly not on the same page and Gandhi had written to Moti Lal Nehru about it in one of his letters. Bose and Gandhi differed on matters like Japan or China and Nehru on Non-violence propagated by Gandhi. Jinnah fell for the bait thrown by the British at him and destroyed communal harmony forever. Jinnah entered rather late after the Malabar incident and other communal movements including the Khilafat. It is no use underplaying the socio-religious realities of the times. Even Pt. Madan Mohan Malviya differed with Gandhi about “scientific scavenging”. But for the valuable and timely intellectual support of many personal friends of Gandhi, including Englishmen, the infighting of politicians, many were known to be terribly corrupt even then, and unfriendly press and British Hukmaran or bureaucrats, the freedom fight would not have its tryst with destiny or freedom at midnight. Talking about those GIANTS of our times irreverently is political blaspheme worthy of the innocents.
M L Gupta
Date with RTI
Disputes between couples is common and when one of the spouse comes up before the CIC with a list of demands, the RTI Act is on examination. Whether the demands are legitimate, has to be decided by the family court, not a forum under the RTI Act.
Sudhir Kumar Bajpai

The History of India would have been different if Gandhi had his way. This statement would gain weight only to the extent that Jinnah did not fill Cabinet with his cronies full of Muslims. If he had done that, what Nehru and Patel achieved would not be achievable for generations to come. We are better of with Nehru in helm of affairs even with his all short comings. He was a visionary. We are reaping all benefits of his policies even today. There was no Indian who could fill the gap left by the Britishers, he was the best available choice. Let us learn to forgive others for their mistake. Let us all not forget India is not India, but a Indian Subcontinent. The size with its population is really challenging then and even today.
S Meenakshi Sundaram
Prerogatives of State Govts tarnish glory of services many a times
It is very strange and beyond comprehension that senior bureaucrat (with all respect to bureaucracy) Sh Gupta IAS decorated as CS then dethroned but made principal advisor to CM , totally oxymoron that removal must have involved some cogent reasons and then these reasons become ambivalent . Such prerogatives of State Govts , many times tarnish the the glory of services . Recently in many states the CS like in Gujarat , Bihar and enormously and unfairly done in Maharashtra have been given long extensions (!without any malice ) thereby eclipsing the chances of many yet other bureaucrats who had also dreamt of becoming Chief Sec in their states if not cabinet Sec GOI ( May be not Empanelled as Sec GOI) but because of patronizing by existing State Govt , many find their fortunes rumbustious as of next in line lacks proclivity and fortitude . Such extensions should be properly vetoed by DOPT . If the extension is granted , the certitude of person on seat should be well vouched by the public at large and not confined to garrulous politicians to make the chagrins for successors by such malfeasances.
Mahendra Goel

Covid-19 has created crisis all over the country and people are scared even to come out for essential things. Due to unlock period, people are coming out in large numbers and cases are increasing but there is risk to the people of higher age group specially 70+ years. No. of advisories have been issued in this regard. There are many CGHS beneficiaries specially pensioners are still stuck away from their normal residence due to sudden announcement of lockdown in March 2020. The pensioners who are suffering from long term diseases like diabetes, hypertension, heart problems, kidney related ailments etc are continuing medicines prescribed by the medical specialist before lockdown as there is no way to consult CHS medical specialist or medical officers. In remote or small town city hospitals are unable to provide services due to corona related problems and has been designated Covid-19 hospitals. As a special dispensation reimbursement of OPD medicines prescribed by the medical specialist for long term treatment to be permitted at least upto October 2020 based on prescription issued before lockdown as CGHS beneficiaries pensioners are unable to return metro cities due to high risk in these areas and sharp rise in Corona cases. Minister of H&FW will consider this request favourably and permit the purchase of OPD medicines without raising any technical objections, A person stuck in small town where no CGHS facility is available and hardly any other availability of normal medical facility in such a Covid-19 situation to be treated differently. Normal rules should not take precedence over the special situation and special sanction to be given. Reimbursement cases should be looked into right perspective to provide help to CGHS beneficiaries specially pensioners, Ministry of Health & Family welfare to issue special order for such a situation to provide necessary help beneficiaries suffering from long term diseases and permit to purchase OPD medicines till October 2020 as Hon'ble PM has permitted free rations till November 2020.
Naveen
Railway for elimination of concession
Good. But will call for criticism from many fronts.
Alok Gupta

The Appellant sought information pertaining to service details of her husband, in terms of pay slip, last pay certificate etc. The information was denied under Section 8(1)(j) of the RTI Act. The Appellant stated that she is not satisfied with the reply of the CPIO, as she continues to be the wife of the individual regarding whom information has been sought. She further stated that on sl. No. 4 of the document sought in the instant RTI Application “nomination for PRIC benefit AFGIS – 224” she has not affixed her finger print and the individual has got the finger print of some unknown person affixed on the same which amounts to fraud. The CIC directed the PIO to process the RTI Application as per the provision of Section 11 of RTI Act.
Comments
In the case of Vijay Prakash vs. Union of India (W.P. (C) 803/2009) dated 01.07.2009, it was held that in private disputes such as the present one between a husband and wife the basic protection afforded by virtue of the exemption from disclosure enacted under Section 8(1)(j) cannot be lifted. Further, the gross pay of an officer is liable to be disclosed under section 4(1)(b)(x) suo-motu under the RTI Act.
Citation: Chidipothu Sarada v. Indian Air Force in File No: CIC/IAIRF/A/2018/154519, Date of Decision : 10/06/2020
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