Whispers Forum

The RTI Act has not been able to fulfill the role it was expected to play in a democracy and the case cited by you is a real testimony to it. It is usually the judiciary which delays the implementation of the different orders or take a surpentious interpretation of the RTI act as in the Girish Deshpande Judgment by the Hon'ble Supreme Court. But here it the INFORMATION COMMISSION which has failed grossly. Unfortunately, the information commission has been relegated to a post retirement vacancy by the government and when something like this happens, it is the quality of orders which is the first casuality. If real good quality orders are needed, the post of information commissioner needs to be given respect. Very few Information Commissioners across the country have any idea about the Act. This is one of the factors which is leading to the failure of the RTI Act to bring about transparency.
Puneet
Nice write-up in WIC
He is the man who handles Herculean challenges in UP. What a great personality Prashant Kumar indeed. Very nice write-up.
Atul

The applicant sought copies of all performance reviews carried out from December 2012 onwards till Mar 2014, including all performance reviews from any officer, which are taken into account for processing of the appraisal reports. The PIO denied the information u/s 8(1) ( e) and (j) of the RTI Act. The applicant contended that the respondents are likely to deny this information under the judgment of Hon’ble Supreme Court in the matter of Dev Dutt vs Union of India, but the same is not applicable as the applicant is not asking for the Appraisal report but the copies of the Performance Review (that the applicant is privy to but does not have any copy of the same). The CIC directed that the performance review from Dec. 2012 -March 2014 should be provided to the applicant under the RTI even if not generally given, as he is already privy to the same. The copy of his own disagreement note should also be given.
Comments
The order of the CIC opens the gates for disclosure of the performance reviews in case of the defence forces.
Citation: Kunal Kumra v. Directorate of Personal Services, Air Head Quarters in File no.: - CIC/IAIRF/A/2019/134503, Date of Decision: 08.07.2021
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

DEBATE (1)
It’s two way traffic depending on mutual benefits.
MSK
Modi’s social engineering in single reshuffle
The print of PM, HM and Organising Secretary Mr Santosh is very much visible in cabinet expansion and resignation and also retention as each one has included their close best MPs for excellent administrative and political reasons to expand party influence.
With this expansion, Congress party will further get marginalized by 2024 as the grand old party cannot try social engineering and include merit at such a high level as BJP under PM Modi has managed in a single reshuffle.
I D Sharma

DEBATE(1)
Both are complementary to each other.
Shilpa Mohan
DEBATE (2)
Vicious circle
Vicious circle like wheels of a bicycle, one can’t move without support from another one.
Selesh Gupta
Taxpayers needs some relief
Income Tax Department has launched new e-filing portal 2.0 but still some problems are continuing. CBDT tries his best to make e-filing simpler and tax payers friendly but many other problems crop up during the process of implementation. Still some more time is needed to fix problems. But surprisingly tax authorities are not inclined to make it more efficient and tax payers friendly. For example when there is no tax liability on account of LTCG or STCG on transfer of equity or equity oriented MF, then why force tax payers to file ITR 2 if otherwise they are eligible to file ITR 1. Tax payers can show LTCG (less than 1 lakh) under exempt income under Sec.112A. It becomes easier not only for tax payers but also for tax authorities. It saves time, man power and energy which can be utilised for some other innovative work. The things should be managed professionally not by orthodox methods. It is quite logical why force for ITR 2 when tax payers can file ITR1. CBDT should look into the issue and give relief to tax payers by giving option to file ITR 1 or ITR 2 if there is no tax liability on account of STCG or LTCG on transfer of equity or equity oriented MF. It will ease out the problems of filing returns. In this pandemic situation and portal is not working smoothly, such relief can be considered by Finance Ministry. Even providing Form 16 date has been extended to 31st July 2021 and 26 AS is still being updated, the final date of filing returns may be further extended. Tax authorities have taken herculean task of providing pre-filled ITRs with dividend income and LTCG figures. There are thousands of companies giving dividend to people. It looks very difficult to get complete data about dividend. Similarly about LTCG, it is being talked and alleged that tax authorities does not have DMAT account numbers of all tax payers then how LTCG figures will be made available in pre-filled form. All these needs time and may be possible by this financial year 2021-22. This AY 2021-22 Govt. may consider giving some relief to tax payers in filing of returns keeping in view of Covid-19 pandemic situation and difficulty of every intermediaries proving DMAT services. These intermediaries have their own format to provide the information related to STCG or LTCG. To synch the data from all needs a coherent approach and this may be understood by software developers who has to fix the glitches. A clarification is requested to be issued for this by CBDT. giving an option to file ITR1 if otherwise eligible in place of ITR 2 if there is no tax liability on account of STCG or LTCG on transfer of equity or equity oriented MF. LTCG figure less than 1 lakh can be shown as tax exempt income in return.
Naveen

DEBATE(1)
Politicians use bureaucrats more since most of the bureaucrats want lucrative postings. That is the reason they have become spineless and pliable.
Satish Agrawal DGP (Retd)
It is very useful page
Please do keep it up. I post some of the glaring issues regarding the tax matters, for example , Non disposals of the matters by CIT(A) which they can do. This is important because if this is not done, then the reduction in litigation made under Vivad se Vishwas tak, would again escalate. The Faceless Appeal system is good for adjudication, not only from the end of the officers but also the assesses. The problem faced by the department in non disposal should be made public.
Vinay Kumar Jalan

DEBATE(1)
The vital roles of both politicians and bureaucrats are unambiguously defined in a democracy. As members of Parliament and state legislatures, politicians enact legislation; and in their capacity, as ministers at the centre or in states, it is their duty to frame policies for government functioning. The bureaucrats' part is to work in conformity with legal provisions and policies. When these two sets of individuals digress from assigned roles, difficulties arise. If the politicians improperly interfere with the functioning of the officialdom and issue inappropriate directives then it is the duty of the officers to point out the impropriety of such orders. In numerous instances, politicians do comprehend. I understand that in some cases that may not happen but that risk exists in every sphere of existence. In many matters, bureaucrats follow improper directions of the politicians either because they themselves are also at fault or want to avoid trouble and be in the good books of ministers.
As in the administrative context, there should be training programmes for the legislators and ministers, which will be helpful in ensuring the proper discharge of duties. Bureaucrats and politicians, while embarking on public service, take an oath to abide by the provisions of the Constitution. I realise we are passing through difficult times but am certain that things will improve.
[Asit Chandra Chandra joined the Indian Revenue Service in 1967 and retired as Director General of Income Tax (Madhya Pradesh and Chattisgarh) in 2002. He has four books to his credit and is an avid photographer whose pictures were exhibited on five occasions.]

DEBATE(1)
Politicians and bureaucrats are the two pillars which keep the system in motion.
Sneha Jain
DEBATE (2)
Politicians and bureaucrats are like husband and wife
Politicians and bureaucrats are like husband and wife who cannot stay together but don’t leave either too.
Bhavya Singh
“Think before you Speak”
CDS Rawat must think before speaking his mind.
Denigrating IAF as supporting arm of the armed forces , he has been less than careful. Downright divisive; a thoughtless bravado. The controversy is now in public domain.
TOI and India Express,(July 3) among other, have widely reported the public spat.
IAF chief's retort, upholding major role of Air force, is justified.
PM and the NSA cannot remain mute spectators.
The CDS may be advised to be careful with his words and not be a loose cannon.
A K Saxena (A former civil servant)

Different financial organisations approached the CIC separately seeking stay of the order of the PIO of RBI claiming that disclosure would cause irreparable loss and injury to their institution while no prejudice would be caused to the RTI applicant. In terms of the prayer, the CIC admitted the second appeal and keeping in view of the urgency, the operation of the PIO’s reply and FAA’s order was stayed till further orders. The CIC directed that the matter may be posted for hearing as soon as possible.
Comments
The Supreme Court has already deliberated upon the issue in Reserve Bank of India v. Jayantilal N. Mistry and has directed that such information is liable to be disclosed. Hence, the interim order of the CIC restraining the CPIO from releasing the information appears to be without merit. On 02.07.2021, the Supreme Court refused the prayers made by Punjab National Bank and Union Bank of India to stay the RTI notices issued to them by the Reserve Bank of India.
Citation: Experian Credit Information Company Pvt. Limited & Anr. V. CPIO, Reserve Bank of India & Anr. in Second Appeal No. CIC/RBIND/A/2021/615945 with similar order in: Babaji Datey Mahila Sahakari Bank Limited v. CPIO, Reserve Bank of India & Anr. in Second Appeal No. CIC/RBIND/A/2021/109972; Jammu & Kashmir Bank Limited & Anr. v. CPIO, Reserve Bank of India & Anr. in Second Appeal No. CIC/RBIND/A/2021/611795; Jain Co-operative Bank Limited & Anr. v. CPIO, Reserve Bank of India & Anr. in Second Appeal No. CIC/RBIND/A/2021/110465, Date of Decision: 01.06.2021
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

DEBATE(1)
It is the tragedy of the nation that too much is made out from stray cases of misconduct by bureaucrats and politicians and their contributions are ignored in toto. This is unfair. Had it been so, the country would have broken into pieces. We have progressed from 1947 onwards and are self reliant in most of the areas because of cooperation of political boss and bureaucrats and the journey is on. You can compare our achievements with other countries and find out the change. By the way, black sheep are everywhere and in every sphere. Politicians and bureaucrats know too well their limits within which they work and at times, disagree. In today's world, none can boast of unfettered freedom as media, public are keeping close eyes on their performance. We need both to keep a check on each other.
Raj Kumar Thakur
Top Executives of PSUs 'satiate' Independent Directors
Sambit Mahapatra is on the Board of ONGC and Shazia Ilmi on the Board of EIL. The top Executives of these PSUs on the record 'satiate' these 'Independent Directors', which comes very handy for them in the Board meetings when the question of confronting the Government Directors arises.
Bimal Bahadur
WB CM gives nod for formation of Vidhan Parishad
Sir, this is with reference to " CM Mamata Banerjee will step down from the CM post' . But, recently CM has given nod for formation of Vidhan Parishad.
Divakar