Whispers Forum

A timely reply had not been provided by the University to the applicant, which is a grave violation of the provisions of the RTI Act, 2005. A show - cause notice was issued by the CIC for imposition of penalty. The CIC observed that the RTI Application is addressed to Dr. Bhimrao Ambedkar University, Agra (formerly known as Agra University), which is a State University under the control of the State Government, and dropped the proceedings.
Comments
Section 20 of the RTI Act reads, “Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that …” which implies that the jurisdiction of the CIC is limited to the central public authorities. Hence, a second appeal against the state government public authorities cannot be filed to the CIC.
Citation: Kaushal Agarwal v. Dr. B.R. Ambedkar University, Agra in Complaint No. CIC/BBAUV/C/2017/178310, Date of decision: 08.07.2022.
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 Government has taken many welcome steps to reduce the number of disputes relating to the Income-tax Department. To solve the still huge backlog of income tax cases in various appellate forums, it may further be desirable to (a) increase the number of adjudicating officers on the faceless Appellate side, and (b) make the ITAT faceless as soon as possible so that the benefits of faceless adjudication can accrue at this level also, (c) bring in another scheme for dispute resolution on the lines of earlier VSVS.
Vijay Kumar
The cadre of Ruchi transferred to Karnataka
Hope she will do her best for my beautiful state of Karnataka.
K Srinivasa Rao

I can't agree more than what Arvind M has stated. Centre and state has no rapport since 2014. BJP is being run by RSS stalwarts in the background. The ruling dispensation leader is running the system as a king, and the selection of a Presidential candidate is evidence of it. Centre has only two agendas, one how to win elections and two how to install governments in states through horse-trading. Common man welfare is missing; opposition is being scared or killed through terror created by so many agencies. India turning into anarchy.
Harish Kumar

Respectfully disagree with the comments of a long-time contributor A K Saxena on the judiciary needing to protect itself. In his views, he has contemptuously referred to those who criticized the Honourable Judges' comments are "trolls" which is not correct. Coming to the views themselves: As regards oral observations not finding place in the Order itself, it is not relevant at all because the comments WERE made and WERE REPORTED widely. Coming from the Highest Court, naturally, people would pay attention to them and if they consider them out of place, would give their opinion. The comments made by the Judges were completely out of place because the Petition was for clubbing several FIRs, which should have been simply ordered considering past judgments and sound principles. As to the judiciary remaining passive spectators, surely they can give their own point of view on appropriate occasions which the particular hearing was not. And finally, just as other arms of the Constitution are accountable, the Judiciary too is accountable. A more urgent need is to finalize Judicial Accountability Legislation.
N Ramu

One of the Applicants for the post of Associate Professor who was not selected by the committee sought the copy of the minutes of the selection committee. The Respondent submitted that details of other candidates along with the name of the members of the averred selection committee is there in the minutes of the selection committee which is personal information of third party exempted from disclosure under Section 8(1)(j) of the RTI Act. Upon being queried by the CIC to establish the larger public interest while seeking such sort of information, the appellant could not provide a cogent reply. The CIC observed that adequate reply has been given by the Respondent and upheld the same. The CIC further observed that the Appellant has made use of such intemperate and defaming words such as ‘you are biased’ while communicating with the CIC which were viewed adversely. The Appellant was cautioned to be careful and mindful while choosing his words.
Comments
An appellant should refrain from making baseless allegations and instead focus on seeking information. The appeal should be drafted professionally and baced on facts rather than emotions.
Citation: Hari Baksh v. Central University of Tamil Nadu in Second Appeal No. CIC/CUOTN/A/2021/108486, Date of Decision: 16.06.2022
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 ego of political executives has always impacted the interest of the public at large, especially the marginal section. It is a matter of surprise neither centre nor the state are coming to a common platform to remove the defect for which funds are stayed nor are both interested for disbursement of social schemes fund rather to play dirty politics over the poor people wages. I remember a few days back, Whispersinthecorridors carried a news article regarding the reasons (Non appointment of social auditor & Ombudsman) for such sanction despite that nothing goes to the ears of bureaucrats and political heads.
Arvind M
DoPT Secretary does wonderful job
Secretary DoPT has done a wonderful job by promoting CSS Officers. It is humbly requested that the matter of promotion of Asst. Commissioners who were promoted in 2014 by CBIC may also be looked into. They have not been granted the NFU in the rank of Dy. Commissioner in STS grade even after serving for more than 9 years, giving flimsy excuses that they are on temporary post. No temporary post can exist in the Central Government for so long, that too at Group A level. The PMO must look into this matter as CBIC is deliberately not following the 1:1 ratio for Direct and Promotee AC/DC.
Akhilesh

The politically sponsored troll army is now trying to terrorise SC's bench, seeking judges' impeachment in Nupur Sharma's blasphemy case. The troll army cannot enjoy full freedom for character assassination, even though the judicial indictment was through oral observation that did not find a place in the actual verdict. Whenever the top court's judgment favours the ruling dispensation, there is no trolling. Can the Supreme Court remain a passive observer? Will it not impact its image adversely in the public eye? The guidelines laid down in 2020-21, must be revisited by the Supreme Court by providing for penalty for trollers so that the top Judiciary could function independently, fearlessly ignoring the Media trials. A paradigm shift has taken place in society. The political Executive has already crossed the Lakshman Rekha. A weak Judiciary and a non-existent Opposition will lead to autocracy.
A K Saxena (A former civil servant)

It has become an unethical practice in the Central Secretariat Ministries/Departments to appoint retired personnel as consultants. All these retired personnel in the name of work experience, get adjusted by the Indian Administrative Service officers who are basically State Government Servant and come on Central Deputation as Joint Secretary, Addl Secretary and kept in the Government of India at Secretary level. Most of the consultants are those who have family relations with the Indian Administrative Service Officers posted in Delhi. The regular employees/officers of CSS and CSSS are kept away from posting. In the CSS, the Sections/Branches where pecuniary profits in kind and cash are involved the consultants are posted. The regular and well qualified employees i.e. Section Officers/US/Dy Secretary are kept away as they would not work against the rules and would not bow down. Similarly, in the case of CSSS, retired promotees are appointed as consultants in the Offices of Secretaries/ Addl Secretaries. The qualified PPS, Sr. PPS, and PSOs are either kept under posting for so many years or below entitlement postings are imposed on him/her with a view to adjusting their domestic promotee retired Private Secretary/PPS/Sr/PPS/PSO. These consultants are failures in the ISTM training examinations also. A number of complaints against these consultants are sent to the DoPT but to protect fellow IAS, no action is taken by the CS Division. This practice has been going on since long continued with the present government. Regular employees have less work and more pay. This shows the recruitment of unethical candidates in the Government of India. DoPT should obtain the data from Central Secretariat participating Ministries/Departments and remove these consultants and post only regular employees of the Central Secretariat workforce in the interest of the Government of India. May God save the Government of India from the clutches of this unethical practice.
B K

I am shocked that the highest temple of law SC is being criticised by many in which a few former retired judges too are a part. Isn't it peculiar, strange, looks like the judiciary is being politicized, it's a great insult. Height is Nupur Sharma who gave nasty hate and divisive comments on Mohammad, due to which so many have died. She is still walking free, and shamelessly has not even apologized to India so far despite the SC directive. Seems we are heading for more such statements from the BJP RSS stalwarts and they all too will be protected by the dispensation. India will keep bleeding like this, it seems. Media the pillar strength of democracy is already under dispensation control since 2014, with helpless citizens and voters suffering.
Harish Kumar
Shinde and Phatak - good vibes
Quite obvious. Eknath Shinde and Mahesh Phatak had good vibes as Minister and Secretary Urban Development II earlier.
Ashok Menon

The public information officers are poorly trained and the implementation of the RTI Act is an additional responsibility that is thrust upon them. They have no incentive to ensure that the Act is implemented in an appropriate manner. The support system is lacking. It is the poor third party that has to lose its private information in the process.
Shruti Hajolia
DoPT Secretary warmly congratulated
Secretary DoPT has to be warmly congratulated for her positive approach towards CSS officers. Hope the same positive approach will be displayed toward IPS officers.
Vikay Kumar