Whispers Forum

A technological marvel and once-in-a lifetime experience. Biggest and smoothest demolition ever in India. Congratulations to hired professionals of the south-African company who made the operation a success. The Noida police, too, merits appreciation. Controlled demolition was executed through water implosion technique to cause minimal collateral damage. The structural stability of adjoining buildings has to be taken up quickly for checking cracks and damage, if any, to the beams and columns. Cracks appearing in existing buildings could pose serious challenges. Settlement of dust by using water cannons and removal of debris (3 months duration) must be on war-footing for the benefit of the asthma and heart patients. This was the positive side of the grand event. Now, consider the negative aspects. Action needed by CBI. On the flip side. The public would be curious in knowing details of politicians including the successive chief ministers of UP, their ministers, the obliging bureaucrats, engineers, architects of Noida and, last but not the least, the successive CEOs of Noida. All had allegedly colluded with the private builder in getting the building plans approved by the “competent authority”, in violation of Building code, environmental guidelines, why frequent changes were made in the number of floors of two towers. Who allowed this? Any political compulsions on the pliable UP/Noida bureaucracy ? For public servants IPC must be invoked. For civil servants and govt. professionals of UP and Noida, Classification, Control and Appeal rules, must be invoked besides IPC. The Noida authorities, one trusts, must have already identified the offenders. Their names along with details must be kept in public domain in year-wise order. The mega project in Noida must have passed through several CMs, enjoying affiliations to different political parties. Ground reality. NOIDA is incorrigible. Any illegal job can be completed by bribing the touts who have free run in and around NOIDA, enjoying direct access to the corrupt insiders. Total lack of transparency in Noida. Everything is hush-hush. Files ‘mischievously’ lost or misplaced, are easily retrievable on payment of bribes- collusive or coercive.
A K Saxena (A former civil servant)

The appellant sought documents related with reconstitution, partnership, ownership of M/s Manmad Gas Centre, Manmad, Dist: Nashik and other queries related thereto. The appellant contended that neither the reply of the PIO nor that of the FAO has been received by him. Before the CIC, the appellant contended that after filing the second appeal, he has only received one written submission wherein it is mentioned that the reply has already been sent. The respondent HPCL contended that the PIO reply was sent by an ordinary post but the FAO had replied on the email id of the appellant. He further contended that after filing the second appeal, he has only received one written submission wherein it is mentioned that the reply has already been sent. The CIC observed that the appellant had specifically mentioned in his first appeal that he did not receive the reply of the PIO, still the relevant reply had not been furnished by the respondent. The CIC cautioned the respondent to be more careful in future while dealing with the matters related to the RTI Act. The CIC directed the respondent to provide the proof of email sent to the appellant as exists in their records along with their reply of the PIO duly authenticated as per their records by registered post to the appellant.
Comments
As far as possible, the PIO should send a reply to the RTI Application through speed post and retain the proof of sending the reply.
Citation: Dilip Kumar Kachardas Bhandari v. Hindustan Petroleum Corporation Limited in Second Appeal No.CIC/HPCLD/A/2020/682554, Date of decision: 04-07-2022
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

I agree with the views expressed regarding firsthand experience of ordinary citizens on one's safety and security. Our political leaders and some chums are above law. I must add that India is the only country in the world where citizens are treated as insects after elections & citizens are scared of police presence in front of him/her. Police, which are meant for citizens, work for political leaders, 63% of them have a tainted past. They enjoy tax free incentives whether working or retired at taxpayers cost. Whereas after 40 years of service a government servant is not entitled to pension even. Legislative law makers, it seems, are above everything.
Harish Kumar

Money extortion threats for carrying out abductions killings must be legalised as a lion’s share of police forces are deployed on VVIP duties of PM,HM,DM,NSA, protected entities of former Prime Ministers, Ambani, Adani, MPs and other eminent persons, facing serious threat perceptions. My family received a serious threat recently. The extortionist claimed nexus with a notorious gangster. Details withheld for security considerations. But, all details are in custody of Delhi police. Details were promptly handed over to Delhi Police. DP is flummoxed, clueless and speechless. No feedback. In the case of Ambani, Mumbai police grew hyperactive in arresting an accused within an hour. The news grabbed headlines in print media and TV news owned by the media giants. No Equality before Law. Police have not even bothered to respond, till date. This is the state of affairs in the national capital. Contrast this with law & order situations in States especially UP, MP, Haryana, Bihar, Rajasthan, Gujarat? Obviously, some people are more equal than others. And, such VVIPs are definitely above the law of the land. Leaders have no time for the common citizens. Senior citizens are not considered safe. May be, the public will have to police the Police
A K Saxena (A former civil servant)

Municipal Commissioner of Gurgaon has lamented that so far MCG has been able to collect about10% 0f Rs 1500 crores property tax due and has as usual exhorted the officials concerned to speed up the tax recovery. This goes on year after year. There are around five lakh properties comprising residential, commercial, mixed use, industrial and institutional. Every one of them has electricity connection with a unique meter with a K number linked to the owner with his/her address etc. Both MCG and DHBVN are Haryana govt depts. They can easily link up property Id with electricity meter K number -like Aadhar and PAN number- add the property tax to the electricity bill, give say three months to settle both electricity and property tax, failing which electricity supply should be cut off. If necessary this move can be given statutory backing so that people don't go to court to get stay order. Disputes can be settled only after the payment is made. The threat to cut off electric supply will make people run to pay up.
Raghavan

Kumar Pallav
Many posts of IAS lying vacant
It is reported that as many as 1426 posts of IAS have been lying vacant for a long time. Of course, this number represents the vacancies overall across the country. However, it is logical to inquire whether all the vacancies are for justified positions, considering that they are vacant for a long time and work seems to be going on unaffected. Perhaps, DARPG may undertake a detailed review of the situation and examine with respect to each and every position whether the same is really essential or the concerned departments can do without by assigning the work to other levels. Out of 1426 positions, even if 100-200 positions are identified as "can be done away with" it will nevertheless reduce the long decision cycle and make the departmental organization more compact and also save overheads which are taxpayers money.
N Ramu

The complainant alleged that information sought has not been provided while the RBI stated that point-wise reply, as per the documents available on record, has been provided. The RBI apologized for the delay caused in providing reply to the complainant due to Covid. The CIC observed that the complainant has sought voluminous information related to the names of the borrower entity of the Top 75 Banking Frauds as reported by the Cooperative banks in Uttarakhand for the 5 years till the end of FY 2019. The information sought is voluminous in nature and may not be readily available with the PIO in the manner as sought by the complainant, collating and compiling of which would disproportionately divert the resources of the respondent organization. Hence, the disclosure of information is exempted as per Section 7(9) of the RTI Act. The CIC referred to the decision of the Supreme Court of India in CBSE and Anr. v. Aditya Bandopadhyay and Ors, SLP(C) NO. 7526/2009. The CIC further observed that the respondent has made every possible effort to provide replies and available information to the complainant and hence, no further intervention is required in the matter.
Comments
Subsection 9 PF section 7 provides that an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority. It provides for only changing the form in which the information is available and does not provide blanket exemption.
Citation: Mr. Samir Sardana v. Reserve Bank of India in Complaint No. CIC/RBIND/C/2020/693342, Date of decision: 04-07-2022
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

I beg to disagree with KS Rain’s views ‘there is no end to criticism’. The society exists only on criticism as no one on this wonderful earth is perfect. A healthy criticism creates a good governance system blunt criticism among close friends paves way for improvement, criticism leads to more learning. In a democratic system a healthy criticism by the opposition has three main benefits: 1. Improvement in governance 2. Many times their suggestions are valuable 3. Works as checks and balances theory to which is the real nerve of democracy. Criticism has endless benefits all of which cannot be enumerated in this short post.
Harish Kumar