Whispers Forum

The Appellant filed an RTI application dated 25.05.2021 seeking certain information which was duly replied by the CPIO vide letter dated 25.06.2021. In response to the First Appeal dated 30.08.2021, a reply was furnished by the CPIO to the appellant on 05.11.2021. Before the CIC, the CPIO reiterated the reply provided to the Appellant and submitted that the averred letter(s) are not available in their record. He further submitted that the First Appeal of the Appellant was rejected as time barred. The Appellant alleged that in respect of writ petition filed before the concerned Court, the Respondent office has referred to these letters and therefore he finds the reply of the PIO to be misleading. The CIC observed that the Respondent office has grossly violated the provisions of the RTI Act in as much as the CPIO has adjudicated the First Appeal. Even if the First Appeal under reference was time barred, it was for the FAA to have issued a decision to that effect on the same and not the CPIO. The CIC is rejected the dismissal of the First Appeal and deemed the matter to be a case of non-adjudication of the instant First Appeal. A copy of this order was marked to the FAA to take note of the adverse observations of the Commission and to ensure that such gross lapses do not recur on their part in the future. The CPIO was also warned against exceeding his jurisdiction under the RTI Act in the future.
Comments
The First Appellate Authority has been designated to deal with the First Appeal filed under Section 19(1) of the RTI Act and the CPIO has no jurisdiction to decide upon the maintainability of the first appeal.
Citation: Mahesh Chand Sharma v. Youth Affairs & Sports, CIC/MOYAS/A/2022/103975; Date of Decision: 27/07/2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

Congress it seems was never serious before or after 2014 that's why BJP gained the undefeatable status. If they were serious post 2014 defeat then like BJP who had put them on mat in parliament by having best leaders in BJP camp Arun Jaitley and Sushma Swaraj as leaders of opposition they too had the option to choose leaders with oratory skills effective in crucial Hindi speaking states and youth cadres like Digvijay Singh, Shashi Tharoor, Manish Tiwari, Anand Sharma, Kapil Sibal but the coterie around the Congress leadership for reasons best known to them , opted for such leaders of opposition by which the Nation should hear continuous Nonstop jokes from them and on them by PM and treasury benches.This had diluted the status of discussions in parliament and the speaker should have taken action long back.
Changing of LOP with a new entitled dynasty representative from North east where Congress is no match to the Hemanta Biswa Sarma leadership will be a music to BJP years and will certainly increase the party confidence beyond 2028 and with Congress still practicing 1990 type politics the confidence of BJP may extend up to 2047.
S K Saboo

Potu Rewadiya Ji Potu (n. Hindi) ki rewadiyon ne loot liya re bhai. It is erroneous to call it Rewadi Culture. A culture is something accepted by the masses as a virtue or set of good behaviour. If it is a method to fool the people, it is called “potanaa’(v.). Potanaa is a known method of cheating the innocent trusting people. Freebies hardly convey the sense of Potanaa. Children are kidnapped by the potu by offering free chocolate. Politicians behave potu by promising free food, electricity, water, education, laptops, gold jewellery and anything that can help them to pot (v. rob, defraud, cheat, beguile, fool, allure, seduce) the innocent believing masses. Everyday incidents of potu are reported in the media: plots of land in urban areas at cheap rates (nothing in their possession and even big names indulge in it with impunity), jobs in government departments or MNCs cheating by advertising their services in newspapers, marriage and astrology and religious remedy for all ills in love life or life generally, offers of sure treatment (?) of medical conditions of mind and body untreatable by doctors, admissions to good schools or colleges or professional institutions- anything and everything that troubles a mind or heart has a potu near or somewhere to help you. The new potu caste (I beg to use caste not class) has emerged intimidating in real time- for example cyber potu caste. This caste infects the person or computer (congratulation! you have won 10 million Dollars! Click to receive your prize!) to extort ransom in millions and possesses unlimited powers of destroying the business or reputation of the person or company. The lesson we draw from such wealth of information is to shed innocence forthwith and expose the potu publicly, flog him/her digitally and punish legally. Never vote for the potu: s/he/they are out to cheat you, steal an election and abuse power to indulge in corruption, hate speeches and destroying the constitutional scheme of governing India. Say No To Potu. See in every potu the child kidnapper. Treat every potu as child abuser. The Free booter is going to get a free kick from the voters who will score the winning goal to end the match!
M L Gupta

Watching Parliamentary proceedings (LS/RS) live on TV is usually a distressing experience. Continuous disruptions by the parliamentarians, frequent walkouts, adjournments, are the new normal. Law-makers' behaviour during the debates, cutting across party lines, is simply disgusting. Sheer waste of tax payers' money @Rs 10 crores per day! Whom to blame? Man is not infallible. Human frailties like narcissism, sociopathy, self obsession, egotism and megalomania are the dark traits ingrained in the political class, in-born or acquired subsequently. The media has also failed in its duty of reporting facts based on independent and bold journalism. “Media ki majboori hai". The immortal pearls of wisdom of our (late) Prime Minister Atal Bihari Vajpayee on following the “Raj Dharma", keep haunting us. His advisory applies to one and all specially relevant to the present CEOs of Manipur, Haryana and Rajasthan, where communal forces are having a free run. Politicians are promoting killings, burnings and disturbing peace and harmony without accountability. Country First. Would it be fair to put the blame squarely on the police and the laidback bureaucracy? Triggering Hindu-Muslim disharmony,denigrating the Judiciary, making hate speeches, are antithetical to democracy and hence anti-national. Does it behove our law-makers to harm the country by their despicable behaviour? May wisdom dawn on our compatriots for jettisoning their egos and act with maturity in national interest.
A K Saxena ( A former civil servant)

The basic objective of RTI is very good - strengthening the democratic institutions and empowering the citizens. But there are a certain set of people who try to harass the public servants by filing unnecessary applications. There should be some degree of control over avoidable pain to the teachers and professors. If the faculty is forced to defend their personal information sought under RTI, their time would be wasted in unnecessary work other than academics.
Shabana Karim
Good wishes
It would be better if WHISPERS adds Good Wishes to the officers in all such reporting's. Also present post held may be added to extent feasible.
Kamlendra

I agree with views expressed by Vijay Kumar on land grabbing in Bihar by goons and the government is a moot spectators. I must add in India there should be uniform laws on Land, Water, Gas, Electricity, tax social security. All these subjects must come under the Centre for making laws, State should only execute & implement, so that each state has similar laws. Taxes should be two tier one central, two state, both tiers of taxes must be equal too. No exception, no ifs and buts, no exemption too to any except local diplomats.
Harish Kumar

Multiple RTI applications were filed seeking information about Prevention of Cruelty to Animals Act, 1960 (59 of 1960) and related data. He submitted that there is no coordination among AWBI, APEDA, FSSAI, CPCB, and Police, because the halal process of slaughtering without stunning, is very cruel, violating IPC 47, 120-B, 188, 268, 289, 428, 429, read with section 3 of the Prevention of Cruelty Act, 1960, and article 51 A(g) of the Indian Constitution. The CPIO replied that the Animal Welfare Board of India has not received any fine amount from any States/UTs as per the provisions of the Prevention of Cruelty to Animals (Application of fines) Rules. 1965 during the last three years. Hence, no information is available with the Board. The CIC observed that the instant matter is a mere extension of the earlier cases filed by the Complainant on the same grievance regarding ill treatment/ alleged cruelty committed on the animals which cannot be redressed under the mandate of RTI Act. Thus, no action is warranted with respect to the replies of the CPIOs’. The Appellant/Complainant was advised to desist from filing repetitive RTI Applications on the same grievance as his future appeals/complaint on the same matter are liable to be summarily dismissed.
Comments
Many public spirited individuals tend to ignore the definition of “Information” as per section 2(f) of the RTI Act and as such, it only burdens the system with multiple RTI applications with no benefit. In some situations, proper drafting of the RTI Application may elicit a response.
Citation: Naresh Kadyan v. Animal Welfare Board of India, Food Products Export Development Authority, Department of Animal Husbandry, Dairying and Fisheries, CIC/AWBIC/C/2022/646924, +/650976, +/662035, +/664500, +/652694, +/652661, +/662113, +/662114; Date of Decision: 21/07/2023
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com