Whispers Forum

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

DEBATE (1)
The Government of India should lay emphasis on generating jobs instead of raising age specially for deadwoods. The decision to increase retirement age to 62 years will deprive the jobless youths of services in this burgeoning population.
Sunil Kumar
DEBATE (2)
Brandon's comments on retirement age is unwarranted and cannot be implemented as it will open a pandora's box and also uneasiness among Government employees. He is easily saying this because he is a retired man. Why could he not suggested this when he was in service?
Seth
Way out ?
I think of late the senior officers have taken to this route to save their skin .What is the way out ?
Karan Singh Shekhawat
C.A.T. has no meaning
Your news item on July 9, 2019 regarding closure of C.A.T., has definitely created flutter in the circles of Advocates and those who are working in this Organization. I don’t know as to what is it at the back of the Prime Minister's mind but continuation of C.A.T. is only a burden on the government as the ratio of expenditure to income is approx. 6000 to 1 and also that decrease in its status after L.Chandrakumar's case in 1992, continuation of C.A.T., is only an eye wash and nothing prominent is being done. Hence, closure of C.A.T. is the best way to tackle with the decreased status. Further, 60% of the orders are challenged before the High Court and the government itself is not satisfied with the orders of C.A.T. which means that the government has no confidence in the organization. Hence, continuation of C.A.T. has no meaning and I feel that closure is the only way that this can be managed.
Lakshmi Narayan A V

DEBATE (1)
I am to refer to your debate on the increase of retirement from 60 to 62 years and to say that I will be benefitted by the same as I would be retiring in 2033 instead of 2031. However, I strongly believe that though the mortality rate has increased, it does not mean that man does not get effected by aging. Aging is a process of life and one has to respect the age. After 55 years of age, the stiffness, sternness and muscular power deteriorate. Hence, irrespective of mortality rate the retirement age as fixed earlier i.e., 58 years should be maintained. The government always enjoys the prerogative of appointing the experts on consultant basis so that their expertise can be utilized for the benefit of the government. Increase in the retirement age always increases the burden of the government by paying salaries while to the retirees, it would be paying less than 1/3rd of the salary being paid. Hence, I strongly oppose the increase of retirement age to 62 and put forth my desire that it should instead be reduced to 58 years.
Lakshmi Narayan A V
DEBATE (2)
Say NO to increase in retirement age from 60 to 62. I fully agree with the comments of Ravi
Nagasurya
Wow, ICS officer completing 100 years !
It is great to see one of our ICS officer has completed century and still going strong. Wish him many many more happy years.
G Manmadhan Pillai

The appellant had sought a copy of the report submitted by the Government of Maharashtra regarding investigation of 7/11 bomb blast case at Mumbai. The appellant further sought a copy of the report/dossier submitted by the Government of Andhra Pradesh in the year2009 regarding investigation of Indian Mujahideen group related to 7/11 bomb blast case. The appellant emphasized that the disclosure of the information sought for would serve the purpose of larger public interest as the disclosure would ensure justice to the innocent.
The State Govt. of Maharashtra declined to provide the information to the appellant on the ground that the Anti-Terrorist Squad was exempted from the purview of the RTI Act under Section 24(1) of the RTI Act. The respondent submitted that investigation in the matter was ongoing since 15-20 accused including foreign nationals are yet to be arrested. Thus, the disclosure of information was not warranted in accordance with Section 8 (1) (h) and Section 8 (1) (a) of the Act since access of information by the public including the perpetrators of the offence can prejudicially affect the sovereignty, integrity and security of the nation. The CIC ruled that keeping in view the sensitivities involved in the matter as also the factual position narrated by the respondent, no further intervention is warranted.
Comments
In case of taking a decision about disclosure of investigation findings, the judgment of the Delhi High Court in the matter of Ajay Madhusudan Marathe v. Sanjukta Ray and Ors, W.P. (C) 1464/2013 Decided On: 05.03.2013 would be relevant. It was held that the area in respect of which information is sought, could have security implications and the judgment in this regard is best left to the wisdom of the agencies concerned, who are tasked with the responsibility of sifting such information and thereafter arriving at a conclusion one way or the other.
Citation: Ehtesham Qutubuddin Siddiqui v. CPIO, O/o Internal Security, Division-I (IS VI Desk), Ministry of Home Affairs in Second Appeal No. CIC/MHOME/A/2017/166137, Date 31.07.2019.
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)
Persons who are in favour of increasing the retirement age are only those with vested interest. They must be having very nice time in office where they are working with less work. Indirectly, they also must know that someone will be overworked because of them. Also many of them are enjoying with their personal business by using the office as a launch pad. These persons certainly will be reluctant to retire even if they are asked to do so at the time of attaining superannuation at the age of 60.
Ravi
“Liberation of Indian Muslim Women”
The passage of Triple Talaq bill by Rajya Sabha makes the pronouncement of instant oral talaq or talaq-e-biddat void and illegal, criminalizing it as a cognizable offence punishable upto three years in jail.
A historic win for nine crores Indian Muslim women. A landmark achievement by PM Modi for his determination and persistence in fighting the unholy alliance between misguided muftis and politicians. A milestone in the quest for gender justice; a moment of satisfaction for the entire country. A historic fallacy has been ultimately corrected through Parliamentary legislation, consigning the weird medieval practice to the dustbin of history. This will give the Indian Muslim women the dignity they deserve.
Where is “ the intolerance gang of 49 pseudo-liberals who had recently written to PM on the “Lynchistan” affair, screaming that their freedoms and the minorities were under threat? Strangely, none of the morons hailed the emancipation of Indian muslim women from the vicious medieval practice. Their silence is baffling ; confirms their hypocrisy.
Abstentions and walk-outs by the Opposition MPs helped in passage of bill in Rajya Sabha. The Opposition has charged the ruling dispensation of clandestinely manipulating the listing of triple talaq bill for voting. This shows how much divided the so-called Maha-gathbandhan is.
The misogynistic muftis and self- styled Islamic scholars must get used to new protocol, while others open windows of their medieval mindsets. Earlier, the better.
The Media must immediately report instances of violation for investigation by the Police and filing the FIR. Monitoring cells must put maulvis , muftis and the filthy-rich Sheikhs from the middle east, under surveillance against indulging in unethical practices.
A K Saxena (A former civil servant)

DEBATE (1)
In US there is no population problem. Secondly, the quality of population is more superior than that in India. Therefore, there is no retirement age there. Here, it would be silly to think about that because all have to live, not only a particular section of pupulation.
Pankaj Kumar
DEBATE (2)
Raising retirement age will be a positive step if taken. Many areas like judiciary, education, scientific organisations have varying retirement age from 62 to 65 yrs. Taking advantage of the past experience is not a bad idea. Varying retirement ages do not have logic also. Director-CBI can work up to 62 yrs but same person if made DG-Homeguard, he will have to relinquish it as there retirement age is 60 yrs only. Therefore, if a judge (SC) or VC (of Central University) can contribute with his experience, why people of services of other departments can't contribute. One argument put forth is reduction in the job opportunities for young generation. However, if properly surveyed, one will find that strength of staff have reduced in practically 90% of the departments what it was 10-15 yrs earlier. It means these have not been filled up proportionately with the retiring numbers. With proper management, job opportunities will not be lost. In addition, retirement age across one domain should be uniform throughout the country. If VC of Central University can work up to 65 yrs, why can't VC of state university, if CJI of SC can work up to 65 yrs, why can't judge of high court up to 65 yrs. Many PSUs still have retirement age of 58 yrs.
V K Pandey
Will ' whispersinthecorridors ' throw some light as to when DOPT will issue orders for grant of HAG NFU for 1988 batch Group A organised services which is due since April 9, 2019 ? It is unnecessarily being delayed.
One visitor
If CAT is abolished then how will the central government employees take remedy against arbitrary decisions taken against them ?
Anjali

DEBATE (1)
Retirement age should not be increased rather, it should be decreased to enhance chances for employment for unemployed young generation.
Sundar Lal Gautam
DEBATE (2)
It is not about age or life expectancy. It is all about vision and performance. Public servants can become deadwood at 40, some may become cynics by 50 and some may have the zest and quest for action even at 70. The bold and brave government must decide matters with surgical precision and perfection. Make 50 the age of retirement to allow people to leave and work elsewhere. Those who wish to continue must clear a proficiency and performance test conducted only by the UPSC as mandated by the Constitution for the IAS and Allied services and a Screening Committee for others twice at age 50 and 60. Those who clear this can continue till 65. This two-step process will energize and reward the performers and cut out the deadwood. Such a Civil Service reform is long overdue.
Rohit R Brandon, IAS (1981- Retd.)