Whispers Forum

The appellant sought to know about the movement of his complaint to DDA and the action taken on it. The CIC observed that till date no information has been provided to the appellant on his RTI application dated 26.08.2018. Instead of transferring the RTI application to one specific PIO, the Nodal PIO had transferred the same to numerous PIOs within the public authority without application of mind. The CIC expressed its anguish observing that the RTI Act is clearly violated by the hands of the DDA and the PIOs are handling the RTI application with lackadaisical approach. A notice was issued to the then PIO, Commercial Land branch to show-cause as to why penalty should not be imposed on him for contravening the provisions of the RTI Act by not giving any reply to the appellant on his RTI application within the stipulated period of time as per the provisions of the RTI Act. The CIC advised the Vice Chairman, DDA to look into the style of work in the RTI cell and what methods are being adopted by the Nodal PIO regarding the disposal of RTI applications.
Comments
The PIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to the RTI Applicant. However, the Nodal PIO should analyze the RTI application properly and then transfer the same to the specific PIO. One RTI application should not lead to multiple appeals just because of indiscriminate transfer of RTI Application.
Citation: Akshay Kumar Malhotra v. Delhi Development Authority in Complaint No. CIC/DDATY/C/2019/101384, Second Appeal No. CIC/DDATY/A/2019/101389, Complaint No. CIC/DDATY/C/2019/101502 and Second Appeal No. CIC/DDATY/A/2019/100447, Date of decision: 19.10.2020.
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)
The Congress, India’s grand old party is terminally ill due to its atrophied existence. There is crisis of leadership in the party. A fierce power struggle is on due to weak leadership and total absence of intra-party democracy. With Ms Sonia as ad hoc President, elections are banned for fear of losing dynastic control. Reason: Mother’s “putra-moh”!
The veterans (old guards in popular parlance) owing allegiance to the Nehru-Gandhi dynasty have been sidelined. A majority of them have been written off. “Sorry state of affairs”, slams Kapil Sibbal. Worse, the young turks are disillusioned with Rahul’s style of functioning .Unless given authority, they could switch loyalties to the ruling coalition. The Congress has been out-of-power for over six years. Frustration and disenchantment is rampant in the party.
The ad hoc President has limited understanding. She is slow to act, trying to build consensus, resulting in slow decision making. She has a tendency to procrastinate decisions. She will never allow anyone other than her Rahul Gandhi, to take over the reins of the party. They will be a threat to the dynasty. Obama’s passing reference in his autobiography, confirms Rahul’s leadership as “disastrous”. Worse, Rahul’s increasing arrogance and impulsive, non-sensical utterances, are his enemies.
Conclusion
All things considered, the interim Chief is more interested in maintaining the Status quo. Total mistrust. Regional satraps are becoming assertive. No one except Rahul Gandhi could become Congress President, unless the party undergoes a split with joint support of disgruntled, out-of-power old guards and the disillusioned young turks. No person other than Rahul, could replace her mother as President of the Congress. Please remember, she and her family alone holds the key and password to secret party funds stacked in foreign havens.
A K Saxena ( A former civil servant)
DEBATE (2)
Ashok Gehlot: Speculations are rife that Rajasthan Chief Minister Ashok Gehlot, one of the closest aides of Sonia Gandhi can be the Congress party's first choice for non-Gandhi chief.
Vishnu Kumar

DEBATE (1)
Now time has come to re-unite under the leadership of well experienced Sharad Pawar. He has the guts to face Narendra Modi on all fronts.
Girja Shankar
Modi Hai To Mumkin Hai, lekin
Modi Hai To Mumkin Hai, lekin… The Union Finance Minister announced Stimulus 3.0 on 12/11/2020 which includes relief for home buyers/sellers. A house in any city costs a few Crore rupees. LTCG(Long Term Capital Gains tax) on sale of residential house is very disappointing as it takes the entire life to build or buy a house. Senior citizens feel bad when they have to pay LTCG. What was thought to be a retirement investment and income planning is taken away by tax. Who keeps books for 20 or 40 or more years to get indexation benefit, which started only a few years back? One pays income tax and property tax all the years and must be allowed the benefit of LTCG free sale of one residential house. Tax should be no incentive for illegal transactions, which make both the buyer and seller feel “guilty” and the Tax bureaucracy corrupt. Do we want India to remain “Poor” or become prosperous? Do we want to serve 80% population free food even after becoming a 5 Tr economy? When will we learn to appreciate lawful income generators and wealth creators? Garibi par kashidakari karte huwe hamen 72 saal to ho chuke hai? The so-called long-term gains are an illusion for many reasons. To become a 5 Tr economy, we need to think big and not small, be innovative and bold. Every Indian citizen must be allowed to sell one residential house not exceeding an amount of Rs. 5 Crores in his/her lifetime free of LTCG. Sale of a house is different from sale of shares or equities and must not be mixed up (share/equities are speculation and government servants are not allowed to deal frequently in it under conduct rules). Here is an extract from the internet for guidance: “If the clients were a married couple who are U.S. citizens in Canada filing U.S. taxes jointly, they could potentially have a total exclusion of US$500,000 (US$250,000 each). To qualify, Mr. Ritchie says the sellers must have owned and occupied the home as their principal residence for at least two years before they sell it. THE GLOBE AND MAIL”. A single tax reform as suggested can clean the tax regime of corruption and boost consumption, promote construction industry in a big way providing roti-kapada and makaan to millions, create huge employment, prepare society for the 5 trillion economy. There may not be any need for special packages by the government from time to time as the economy will become self-sustaining in no time. It is doubtful if the government gets even a thousand crore by way of LTCG on sale of residential house property.
M L Gupta

DEBATE (1)
Shashi Tharoor is the right choice. With his intelligence he can counter the BJP.
I D Verma
DEBATE(2)
After Pranab Mukherjee now Kamal Nath is the senior most Congress leader in the country. He is well known throughout the country and can be acceptable face in South also.
A K Jain
CSSS/CSS employees not getting their due promotions
As appeared in this column, I have been reiterating that CSSS/CSS employees are not at all getting their due promotions because of court cases. Recently some court issued order pending final disposal by the Supreme Court. Can anyone explain whether DOPT has been given clearance to issue at least adhoc promotion orders subject to outcome of the Supreme Court order. So many people have retired without promotions and many more retirements are on the anvil.
Seth

DEBATE (1)
I think P Chidambaram. With his political experience he can do wonders.
Shiv Anurag Pateriya
DEBATE (2)
Had Scindia been in the Congress Party, he would have been the right choice to revive the party.
R D Singh
Modi govt not responsible for it
The system of self attestation of certificates and abolition of requirement of submission of affidavits for menial level government jobs was announced in the month of May, 2013 based on the recommendations of second administrative reforms contained in 12th report 'Citizen Centric Governance'. The age old practice of submitting attested copies of certificates and affidavit was based on certain procedure adopted in the British rule. There was no legal basis to it. It is simply a procedure and it is for the State/UT Governments to adopt the practice or do away with it. Modi government is not responsible for it. Kindly go through the website of Department of Administrative Reforms & Public Grievances
Anurag Srivastava
Bail is another source of corruption
I agree that bail is another source of corruption in Judiciary. Sometimes persons with serious crimes get the bail quickly while the innocent ones are denied bail.
Aarti Khosla

DEBATE(1)
Two time CM, Management expert Ashok Gehlot can run the Congress Party without Gandhis. He is OBC and an expert in political matters.
G Tiwari
Barack Obama on Rahul Gandhi
This is a masterly reading of the man who was the Congress President till sometime ago. Very accurate indeed.
Namit Verma
No change in CGEGIS amount despite pay commission recommendations
Matters regarding Central Government Employees Group Insurance Scheme (CGEGIS)
through your platform, I would like to highlight that under CGEGIS at present, Group A employees are insured for 1,20,000 only while Group B for Rs. 60,000 and others for 30,000. This insurance amount is continuing since more than 30 years. No change has been made in the insurance amount despite various recommendations of pay commission.
Your platform can highlight the issue if deemed fit for betterment of all Government employees.
Shubham

DEBATE (1)
Bureaucrats know the subject very well. They can do better than the politicians.
Arjun Rana
Cry for Judicial Reforms
A Prime Minister reformed the rules governing sanction of pension to the retiring public servants eradicating a practice which made the retired employee beg the competent authority for more than 6-12 months or more. The Prime Minister ordered that the pension papers shall be prepared 6 months in advance, and in any case provisional pension shall be sanctioned on the last day of the employee on duty. Two, the silly practice of attestation of papers by a gazetted officer was discontinued under the present Prime Minister (the demand for it was raised in a post by me on WIC also) and the individual has been given responsibility to self-attest. The third, I appeal to the Hon’ble Supreme Court of India: bail to the innocent citizens of India, especially in cases in which the police or others frame him/her/them. Let the citizens Self-Certify the bail conditions and take the responsibility to honour the promise. The Constitution guarantees the “dignity” of the individual. The citizen may not be able to furnish the surety of even 500 rupees (an LSR student commits suicide as she could not pay the fees. We are a poor country. Our promise should be enough). Bail is a huge source of terrible corruption and affects adversely the dispensation of justice. If reformed as appealed, big police reforms will also ensue. Proud that the Rule Of Law works in India. यतो धर्मस्ततो जय:
M L Gupta

The appellant passed intermediate examination from NIOS in the year 2015 but the name of appellant’s mother was incorrect in the passing certificate. The appellant had submitted a demand draft of Rs.350 in favour of Secretary, NIOS on 24/08/2017 for correcting his mother’s name in the passing certificate. In this context, the appellant sought under RTI to provide passing certificate with correct name of appellant’s mother.
The appellant filed an appeal to CIC as a duplicate copy of his passing certificate was not issued to him. He was informed by the CPIO and the FAA that the correction in his mother’s name was done and which was also published on their website. It was clearly informed that there is a proper procedure to apply for a new passing certificate and for this, the appellant has to submit a proforma duly filled in with all the required details accompanied by the requisite fee. It was also stated that a passing certificate cannot be provided under the RTI Act. The CIC concurred with the submissions of the PIO as under the provisions of the RTI Act only the available and existing information can be provided and in this particular case, the appellant has prayed that his correct passing certificate may be issued. The issuance of a correct passing certificate in itself means the creation of new information which does not come under the provision of Section 2(f) of the RTI Act. The CIC ruled that in case the appellant wanted a correct copy of his passing certificate, he was bound to follow the procedure laid down by the concerned authority in this regard.
Comments
The rights of an applicant under the RTI Act is limited seeking and obtaining information as defined under section 2(f) of the Act.
Citation: Shri Amarendra Chaudhary v. UIDA in Second Appeal No. CIC/NITIA/A/2018/127581, Complaint No. CIC/NITIA/C/2018/648714, Date of Decision: 31.10.2020
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)
IAS ministers are sober and available to the people but not the IFS Ministers.
K D Meena
No change in Central Government Employees' Group Insurance Scheme since long
I would like to mention that there is no change in Central Government Employees' Group Insurance Scheme since long. At present Group A employee is insured only for Rs. 1,20,000/-. This is very less amount in the present scenario of COVID-19. Sunil Choudhary
When a government servant has a official timings for attending the office and is being paid for that work, the public has a right to know whether he attended the work during the prescribed timings. If he avails leave, it is under specific rules and the people have a right to know whether it is as per rules. Hence, it is ridiculous to say that the attendance is a personal information. If this logic is accepted, everything would be personal and it means the END OF THE RTI ACT. Better to say the obituary to the RTI Act and the Judiciary for its kind interpretation of the law.
Shashank Srivastava
NSIC Director
Why there is no order for giving Additional Charge to anyone by the Ministry till date.
Sunil