Whispers Forum

The appellant was compulsorily retired by the Bank of India and thereafter aggrieved by the action taken, he obtained a favourable order from the Central Government Industrial Tribunal. The order passed by the CGIT was challenged by the Bank of India and while admitting the case, the High Court directed the bank to deposit the amount of arrears ordered by CGIT payable to the appellant with the Registrar through a nationalized bank and secure it for a period of five years. He sought information regarding employees who joined after 01.09.1977, their dates of promotions, their cadre and also their dates of Superannuation. The information was denied as being exempt from disclosure under section 8 (1) (d), (e) and (j) of RTI Act. He claimed the information was needed to ascertain as to whether the junior employee(s) had been promoted and whether he was entitled for higher back wages. The CIC held that the information may be made available to him so that the administration of justice can be delivered by ascertaining as to whether some junior had been promoted in terms of Central Government Industrial Tribunal order and whether he was entitled for higher wages.
Comments
As per section 4 (1)(b) (ix), a public authority is required to suo-moto publish a directory of its officers and employees. Further, section 4 (1)(b) (x) requires the public authority to proactively disclose the monthly remuneration received by each of its officers and employees.
Citation: Ashok Kumar M Pandya v. CPIO, Bank of India in Second Appeal No. CIC/BKOIN/A/2018/609629, Date: 16.08.2019
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 to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: http://www.rtifoundationofindia.com/

DEBATE (1)
Raise in retirement age will lead to unemployment.
R C Mangal
Mercenaries Of Gloom & Doom
The Lords of gloom & doom failed to exploit the constitutional changes in J&K to their benefit. On the contrary, they have further alienated themselves from the people, especially Jammu, Kashmir and Ladakh. What are they opposed to? They have no idea. What have they achieved in 72 years? They have no idea. What do they want to do to Kashmir ? They maintain enigmatic silence. Do they think Pakistan will become a peace-loving nation ever ? Can they say that Pakistan has made the POK a model of development and economic growth ? The last 72 years don’t uphold journalistic or filmy ideas. The only thing Pakistan has succeeded in doing in POK is endangering the lives of the people and alluring terrorists to kidnap and forcibly marry thousands of local Kashmiri girls abusing the Sharia to the maximum. The BBC, CNN, NYT, WP and others or Indian elite journalists have never done an investigative story on these developments, which is a blatant violation of human rights there. Will terrorist activities ever end ? They have no idea. Would it have been any different in the valley had the constitutional amendment not been notified ? They don’t know. Then what do they know ? They know only one thing- how to spread hatred against India, government of India, Prime Minister Narendra Modi, Hindu community and political parties professing differently to their ideas about the accession of J&K to the Union Of India. They have no solution to what they call the problem. In fact, they keep aggravating the problem by their indecision obfuscating issues and covering them with coats of darkness. The narrative of alienation, insurgency or terrorism they weave has a shelf life of more than a few centuries as past 72 years have proved. Can they be allowed to hold India to ransom anymore? The government has taken a decisive step to solve the problem once for all. The Indian press and media have to disabuse their minds of all the jargon of the leftist variety that has so far prevailed among the elite and impeded development and prosperity of the people of India. If a man like Jawahar Lal Nehru failed to “solve” the so- called Kashmir problem, can our journalists, filmmakers, television channels and letter writers ever do so? If the UNO has not been able to enforce its own resolution on Pakistan, do these luminaries think they would achieve that objective easily? Both India and Pakistan are victims of the designs of the British and their representative Lord Mountbatten to create communal wedge between freedom fighters. So, if the New York Times, The Washington Post, The Guardian, BBC or any other foreign press/ television is happy to continue that dishonesty to the region, the Indian journalists need not ape them. One can only enjoy in amusement someone still treating India and Pakistan as their colonies or even the whole region as part of an empire!
M L Gupta

DEBATE (1)
Let me give an alternate viewpoint on retirement age in 21st century India. - Current rules of retirement at 60 years is correct. - A few chosen posts go upto 62. Fair enough. It can continue. - Many young people do not wish to serve in the government of India for 20 years to get pension. Can we consider minimum retirement age after 10 years of service? With new NPS Policy in government of India this issue can be easily resolved. Civilians employed in the government can thereafter at a young age move on to ' greener ' pastures voluntarily after 10 years service. Armed Forces personnel gain expertise over newer systems being indicted after 3-5 years! Hence the 10 year policy is fraught with danger if early retirement is permitted. Current 20 year policy can be brought down to 15 years service to earn minimum pension. Medically India is improving in longevity. That will ensure a better work profile outside government sector in private sector, after 10 years minimum service . It is better to let young India to approach their issues personally after 10 years in government service .
Devindra Sethi

The appellant sought a copy of the instructions issued to reply against RTI applications in Hindi or English or both from the PIO of the Department of Official Language, New Delhi. A second appeal was filed before the CIC on the ground that the response was not provided in English language. The PIO submitted that the then PIO had inadvertently replied to the appellant that information was sent in Hindi language as per extant guidelines. It was clarified that the lapse occurred because the reply sent by the erstwhile PIO was based on Rule 3 (1) of the Official Languages (Use for Official Purposes of the Union) Rules, 1976 (As amended in 1987) rather than Rule 3 (2) (b) which is the relevant rule which states that Communication from a Central Government Office to any person in a State or Union Territory of Region B may be either in Hindi or in English. The PIO also submitted that the State of Maharashtra was included in the Region B as per Rule 2 (g) of the aforementioned Rules. During the hearing before CIC, the PIO prayed to condone their lapse on the ground that being the representatives of the Department of Official Language, they were encouraged and expected to promote use of Hindi language in official correspondences. The PIO also conveyed that the bilingual (Hindi-English) version of the document is also now sent by the department to the appellant. The CIC observed that the response provided by the PIO was not appropriate. However, in the absence of any malafide intention, the CIC ruled that it would not be appropriate to initiate any action for imposition of penalty on the PIO. The CIC counseled the present and erstwhile PIO to be more careful in future so that such lapses do not recur.
Comments
The RTI Act provided for disclosing the information in the form in which it is existing and available. A PIO is not required to create the information or translate it for the information seeker.
Citation: Prafulla D Khedekar v. CPIO, Department of Official Language in Second Appeal No. CIC/DPOOL/A/2018/113700, Date of decision 30.07.2019
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 to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: http://www.rtifoundationofindia.com/

DEBATE (1)
Age should be raised .It will save several hundred crores of the Government.
S P Dangwal
DEBATE (2)
Now a days family is not settled at this age, hence age should be raised to65.
Mrs Dhoot
“PM Modi removes a historical fallacy"
India suffered for decades for not getting treated at par with the Kashmiris.This was the Nehruvian Himalayan blunder.Pandits were killed and thrown out of the valley.
All due to monumental inaction by successive dynastic rulers
Lamhon ne khataa kee, sadiyon ne sazaa payee.
PM Modi showed us the way.His home minister Amit Shah announced unprecedented measures in the Parliament :--
(a) Revocation of Art 35 (A) of Art of J&K constitution ( will be annulled) exercising powers under Art 370 of the Constitution;
(b) Art 370,a temporary provision in the Constitution of India, will also also be scrapped.
(c ) Create Jammu &Kashmir as a Union territory with legislature;No longer a State; No more special status to it;
(d) Bifurcation of J&K by creating Ladhak as a union territory without legislature, due to scanty population;
Call for integration of J&K does not include POK as it is under Pak’s illegal occupation.
India needs to launch a multi- front war against Pak and China to annex POK.Not an easy task as Pak has already ceded a large chunk of land in Gilgit-Baltistan to China to facilate implementation of China's OBOR.
While, country-wide celebrations are going on, the Congress insists on division of votes in Rajya sabha. So be it.
The new State of Jammu and Kashmir is bound to undergo demographic changes. Let India's enterprising mainstream business houses start purchasing land in Jammu&Kashmir and set up industries.Create millions of jobs through infrastructure development and absorb all jobless Kashmiri youth.
There is no bilateral dispute with Pakistan on J&K which is now an internal part of India. President Trump should forget about mediation. No more differentiated citizenship in India.
The oft-repeated statement that Jammu&Kashmir,is an integral part of India,has become an anachronism. Totally redundant. Single biggest game changer since independence towards integration of Kashmir.
The internal security in J&K assumes added importance. Pakistan will surely escalate hostilities on the border and create mayham by pushing in its home-grown terrorists , which will soon be replaced by the talibans after US’s exit from Af-Pak region.The US is desperate to leave Afghanistan.
All central laws will now automatically apply to J&K including the RTI, RTE,Right to delivery of Services Acts etc .
They will sing the National Anthem.No separate flag and no separate Constitution for J&K.
Office of C&AG can now audit the accounts of the new State and discover several scams and unethical practices of local politicians, separatists ,stone pelters and their secret nexuses with terrorists from across the border.You will see more raids by IT, ED and CBI.
Border management with Pakistan and China cannot be left unattended. These contentious issues were received by Modi sarkar as legacy from the Congress misrule of seven decades.These are crying for immediate attention.
India’s top-most priority is now retrieval of POK, presently under Pak’s illegal occupation. The same principle applies to Aksai Chin, illegally and forcibly occupied by China during the 1962 debacle. Actual trouble with Pakistan and China starts now.
They understand the language of war,not peaceful negotiations.
Both will continue to trouble India,unless concrete action is taken. India must be ready to take them on jointly.There is no room for complacency.
Pakistan’s General military headquarter at Rawalpindi,is not going to sit quiet. Infiltrators are hell-bent on stoking troubles in J&K. We should keep ourself battle ready. Watch the simmering discontentment among the muhajirs, people in Baluchistan, Pakhtoonistan and Gilgit-Baltistan against Pak’s military dominated by a particular community and their maltreatment.
A K Saxena (A former civil servant)

DEBATE (1)
Any debate on above theme, is annual ritual. In absence of firm evidence, it is a pipedream, out-of-sync with ground realities. It will always remain so. No room for speculations. Not, even an educated guess. One fails to understand, why do we mollycoddle the Indian bureaucracy, so much, for no valid reason?
Recall PM Modi’s oft-repeated sermon. His clarion call : “ Maximum government, minimum governance”, keeps ringing in the minds of all right thinking Indians. PM Modi in all his speeches has favoured a slim- trim bureaucracy. He, one hopes, is aware of the challenges involved in navigating a monster-like Indian bureaucracy, growing unwieldy, year-after-year, without proportionate increase in organisations’ workload.
But, has he done anything extra-ordinary to translate his liberal platitudes into action? Size of bureaucracy is growing exponentially. Successive governments have never cared to analyse its negative impact on the declining efficiency and accountability of a growing bureaucracy. Politicians misuse it as an electoral fraud, temporarily enhancing the feel-good factor of moronic bureaucrats.
Take the cases of Cadre-reviews of organised services which are being regularly carried out. Motive? To create thousands of posts at higher echelons and generate notional savings by abolishing posts in lower cadres. All this to improve the promotional avenues of senior officers. Result : A top heavy hierarchical structure like the Inverted Pyramid. The practice got a push during UPA era. Strangely, like a copycat, the Modi-sarkar continued the practice with vengeance. DOP&T’s Cadre Review cell was hyper- active. This deptt is headed by PM who has blind faith in a coterie of bureaucrats.
Another blunder. The UPA’ the then Finance Minister initiated the dangerous practice of appointing retired bureaucrats as Consultants on contract basis with attractive packages. Ministries were delegated full authority to design pay packets and privileges. No accountability. Huge outgo on taxpayers funds. The practice continues, till date. It has become a Scam. Quid pro quo deals.
PM often talks of weeding out the “deadwood ” in bureaucracy. In reply to a Parliament Question in the current session , MOS ( Personnel) stated that the union Government carried out the Performance Appraisal of 1.19 lakh Group A and B central govt officers over the past 5 years (2014- 2019). But, how many officers were actually sacked under FR 56 (J) on grounds of inefficiency, corruption, remains a mystery?
Centre for Monitoring Indian Economy (CMIE) data shows that the unemployment rate in India has increased to 7.2% in February 2019 vis-a-vis 5.9% in February 2018. As per these figures, there were 14 million unemployed people in India as of July 2017, which doubled to around 29 million in October 2018.The unemployment rate in India has reached its highest in 45 years, according to a report published in the Business Standard newspaper that cited an official survey withheld by GOI.Please refer to NSSO’s jobs data controversy and the gag orders issued by MOSPI.
Against this background, I leave it to the Prime ministers and his advisors to ponder whether age of retirement of bureaucrats, deserves an increase or decrease, keeping in view the increasing jobless growth?
A K Saxena (A former civil servant)
Stunned By Narendra Modi Again ?
Yes, stunned! The opposition leaders are really disoriented by the brisk moves of Prime Minister Narendra Modi and his shadow Home Minister Amit Shah on Article 370 & 35A. Not that they had a sudden revelation to deal with the problem in the manner they have done. They can be credited to have done their homework very well. They have studied minutely the files in the MHA, MEA & the PMO; National Archives and other similar sources. The solutions to the problem were hidden therein but buried deep by sycos to build an aura of JL Nehru in the manner they decided he should carry. The records of the Department Of States are enough to understand the crudities and extreme complexities of the times. Contrary to the average BJPite/RSSite, Narendra Modi respects Nehru and others (he is not only aware but also well versed with the 50 shades of grey) and used it for solving the problem created more by his successors. Only Shri Nishikant Dubey from Godda referred to some documents he had procured from the NAI. The real and precious history of India is contained in these archival treasures and should be the matter of high-quality research.
M L Gupta
Current Governor should be retained as new J&K LG
He has done a good job politically . LG of Ladakh should be from Armed Forces . Gen Rawat would be a good choice . China is feeling heat on Ladakh border as they have occupied Aksai Chin. That is the route to Xingjiang ! China has suppressed 10 million Muslims there. The LG's of new UT's need firm administrators as situation of hostility and attacks from Pakistan are likely soon and in the year ahead. Defence Make in India must be boosted fast now for IAF and IN . It will give a huge fillip to MSME sector of India. Jobs will be created fast.
Devindra Sethi
Congratulations
Congratulations D K Singh ji for your new assignment
R S Meena

DEBATE (1)
With due respect to the idea of enhancing the age of retirement from 60 to 62 - I have a different vision to look at this matter.
India is a country where the majority of the population is youth. To make a best utilization of available resources, the retirement should get down to 55.
We could generate enormous opportunity from the youth of our country. Countries like Japan may consider such thoughts of school - where retirement age needs to be increased as they do not have youth population to suffice the gap between demand and supply of the workforce.
A nation conditioned for decades on theories of population control, with politicians still talking of the need for “two-child policy” was suddenly shaken up by the prospects of a reversal in trend. The Economic Survey pointed towards demographic projections that India’s population growth will continue to decline over the next two decades, growing less than 1 per cent during 2021-31 and under 0.5 per cent during 2031-41.
Viewed together with statistics of increasing life expectancy, it makes the spectre of an ageing country appear closer than we thought. The under-19 population has already peaked. From a high of 41 per cent in 2011, it is expected to decline to 25 per cent by 2041, according to reports. India’s demographic dividend is beginning to taper off, it seems.
Hence in my view - youth of our country should get the opportunity to make maximum utilization of this available resource. Where entire world is focusing on India as a youth capital of the world - this is the right time to make one and all functional.
As far as retired person is concern - he would have made enough accumulation, in the form of Gratuity, PF, savings etc., to go for a startup business as per his enormous experience. Usually people find it difficult to start a business after 60 or 62 - hence one can always dream of starting something new at the age of 55.
Startups are not only made for youth - because of the fact that, youth neither have experience nor money. They can only work on some creative ideas based on their studies and risk taking appetite. Whereas an experienced person can certainly start up something in which his expertise, contacts, money and awareness on the industry norms, will make him successful in a very short time.
Hope I could deliver my message, the way I look at the gravity of this matter. If you find it meaningful - please reply with your comments - I will certainly try to improve on the required areas. Thank you. Regards,
Kanak Banot
DEBATE (2)
In my view and for the sake of youth. It should be 60 only.
Harpal Singh
DEBATE (3)
Performance based promotion and continuation in service after 50 years age has been suggested by me because I believe that we now have a decisive and performing government that can take bold decisions in public interest. Screening out deadwood and non performers and incentivizing the performers is the soul of good public governance. The time for alibis, excuses and procrastination is over. We cannot have business as usual and continue 19th century bureaucratic models in the 21st century. The new mantra for public service is – Perform or Perish.
Rohit R Brandon IAS Retired.

DEBATE (1)
To save money- good for Government’s point of view but bad for the youth because promotions will be blocked.
N K Singh IPS (Retd)
DEBATE (2)
The decision taken to increase the retirement age by two years in central government in 1999 was due to financial burden on exchequer. However, vested interest of bureaucrats at top level to remain at the helm for longer period also weighed in its favour. However, situation is different today as 7th CPC recommendations have already been implemented. Most of the work in govt offices has been shifted to online. Further, there is no empirical evidence to suggest that productivity or outcome would increase with increase in retirement age. Instead of increasing the retirement age, the government should work on earmarking its activities into two parts i. e. Core activities and non core activities. Core activities can be handled by government itself and non core activities should be outsourced to privates agencies. Manpower and computerisation should move in opposite direction and not in the same direction. Hence, existing age should continue.
Raj Kumar Thakur
August 5 is now true Independence Day
The day, August 5, should be celebrated as our true Independence Day. Always said Modi has appetite for risk and speed.
Jadhav