Whispers Forum

It is actually a reality of life. The purpose of setting up of CAT has been defeated by the existing set of bureaucrats in the Government of India. They have the tendency of passing the buck and are more interested in peacefully passing of their tenure in a particular office. I had one case in the CAT way back in the year 2002 based on a Supreme Court verdict that reservation cannot be applied in case of temporary financial upgradation of posts. The Department of Personnel & Training filed an appeal in the Delhi High Court in the year 2002. The case was disposed off by the Delhi High Court in my favour again after 17 years on 27.01.2019. The Government have now filed an SLP in the Hon'ble Supreme Court against the Delhi High Court verdict, which is pending for more than an year. If you type in the Google Engine the subject 'applicability of reservation in upgradation of posts' you will find that there an umpteen number of judgements of the various courts and Supreme Court that reservation cannot be applied in temporary upgradation of posts done in order to remove stagnation in posts. God help the current crop of bureaucrats.
Anurag Srivastava
To Lockdown or Not: A Difficult Choice
Containing Corona is undoubtedly a priority but so is the National Food Security. It is not about farmers alone but the people of India as the country draws economic strength from the agriculture sector. Harvesting has to be completed in the next 15 weeks without extension. It provides food for the citizens as well as the animals and others getting their share in the process naturally. The country can’t afford to compromise food security under any circumstance- the stocks may not suffice and even the figures might not be genuine if strict audit is carried out. Then, April, May & June are the months when vegetables arrive in the market as July, August and September consume other foods like dal etc. and vegetable prices simply skyrocket during this period. Potato and onion price, supply and distribution go out of control. Wasn’t onion sold at Rs. 140/kg only last year or tomato 100/kg ? Dal prices are likely to break all past records and mustard oil may create problems if extension of lockdown affects harvesting. Shortages are likely by November and discredited Inspector Raj may get revived. Economy and food security need to be separately studied by the PM/Cabinet. Expressions like social emergency are better avoided. Eccentricity of prices and erratic supplies may create problems for the government.
M L Gupta

More than four decades back, it was a deputy commissioner's tour to a village to inspect the development works. In those days too ,such tours used to be a big luxurious and lavish affair of pomp and show. The Block development and Panchayat officer, had arranged the show, where all officers of the sub division were present. The deputy commissioner arrived at the site and looked around critically and his visage made unambiguous show of his dismay and disapproval of the arrangements made. While discussing the development issues, he asked the BDPO as to how many dogs were there in the village. He was thinking of answering this unusual question, when the deputy commissioner raising the decibel of his voice a little higher asked,'' BDO, how many buffaloes are there in the village ? ''He had got up after asking this question. Before BDPO could answer, he said, ''You are block development officer and you even don't know it. This is how you will bring about the development ? ''Saying this ,he stormed out of the gathering in a huff.
A chief secretary of the state had to visit a district to attend the marriage of his close relative. The deputy commissioner was a very honest officer and made all arrangements ,including organizing a meeting of the district officers. As sub divisional magistrate on duty ,i could make out that the body language of the officer exhibited that he was not somewhat happy with the arrangements. During the meeting of the officers, while reviewing the statistics of irrigated land, he very gently said,'' DC sahib, how much land is still irrigated by the wells ? ''The deputy commissioner looked towards the chief agriculture officer, who fumbled for answer.But another arrow had left from the chief secretary's armour, ''Please tell me how many wells are there which are working and how many have been abandoned ?''. There was pin drop silence. The chief secretary had very sinister one-sided smile on his face.
The officers generally do not have the Birbalian sharpness of intellect, wit and guts to answer peevish , odd and innocuous questions at odd hours, of the habitually angry officers. Lakhs of migrant labourers are leaving their homes to walk back to their native places to save themselves from hunger and undignified living.The Media persons ask them,'' When govt have ordered lockdown, why are you not staying at your houses ?'' They answer, ''We may die here of hunger,but it is better to go home and try for survival.'' So they have no fear of death from corona or otherwise. The scenes of them carrying their young children on shoulders with gatthris (bundles) of articles on the spouse's head, without any means and walking hundreds of miles, bring back the pathos and agony of partition of the country in 1947.Today ,my gardener came to me to tell me that he would walk away to his place in Gonda distt of Uttar Pradesh. I dissuaded him from going by putting many fears in his mind. He asked me that even if corona or long distance did not kill him, he does not have the birth certificate, nor his parents and grandparents have the birth certificates. He was referring to the NPR, which has been presently postponed. He said,'' Sir, I have asked so many people as to what will happen to me, my children, my parents and my grandparents in the absence of these certificates, everyone says' kuchh nahi hoga', but sir, why the columns have been kept in the proforma ? ''I suddenly became serious, because nobody in the country has answered candidly as to why these columns of birth certificates of the self and the parents have been kept, if they were not to be acted upon.''Sahib parmatma bhi hum se naraaz hai,jo corona bhej dia, govt bhi hum se naraaz hai jo aise sawal puchhti hai.Sahib, bahut darr hai kabhi corona ka, kabhi detention centre ka''.
Surinderjit Singh Sandhu, House Number 33,E block ,Ranjit Avenue, Amritsar
CORONA CORONA CORONA
The once Endemic Corona,
The then Epidemic Corona,
The now Pandemic Corona
The Bandit Corona
The Plunderer Corona
The Boomerang Corona
Led the whole world from
Valentine’s Day to Quarantine day
From Merry Christmas to Dooms day
From New Years to a New Disaster
From Catwalks to Catastrophe
Spreading it’s Tentacles over the Entire World
Like Octopus gripping on Soccer
Bursted from China… like a Bull
in China shop…
Spread to over 180 countries with
360 degree vigour
Corona’s satanic wings spread on
Earth, Air, Water…Commuted on Bus,
Cab, Train and Flight every where
Slow and Steady Devastation
a new dimension of Holocaust!
Corona Devil sitting on Coronation Chair
ready to be Crowned as world Horror!
Ready to take the world for
worst ever Annihilation!!
Panic everywhere due to this pandemic penetrating all Races and all Rivers
across the Globe
chasing the Mankind to the
unkind ever Genocide!
As it enters our Nation..India
We Indians raise our solidarity
with the World community
by our Unity, by our commitment
and by our Resolution:
We shall win this Global BIO WAR
against the Corona Evil!!
And drive away Corona from Coronation
fix it and Crucifix it to Save the very Mankind!!!
Dr. P V Jaganmohan

With reference to the above, It is clarified that in the initial phase, Shri. Sanjeeva Kumar, spl. Secretary, MOHFW was assigned the work of spokesperson for matters related to the COVID-19 crisis. But as the situation evolved, and other ministries, namely Ministry of external affairs ( MEA), Ministry of Home affairs (MHA), Ministry of civil aviation ( MOCA) etc also got involved, it was decided that the ministries would brief the media through their respective joint secretaries.
Stall release of allowances
While it is justified to release increase all allowances like DA etc. which fall due for Govt servants but looking to this pathetic situation when the whole country has become financially anemic, it is most appropriate to stall the release of such allowances, not for the time being but for a longer period till we recover substantially from this economic evaporations. After seventh pay commission, the workforce of Govt of India have been placed commensurate to their contribution and these index related relief should be withdrawn for ever . Surely this brave workforce will absorb it happily and instead will make more commitment as has already been displayed by contributing one day pay for PMCares. Govt should also make some more withdrawals and scissor expenses incurred on publicity which is total waste and the recall value is almost zero .
Mahendra Goel
RWAs working for safety
RWAs are working for safety. One has to shed the habit of unnecessary loitering in the market for few days. The essential commodities are being delivered at doorsteps. Secondly Whispers is not a forum where you raise such personal issues. If you are retired Government servant, then feel that do not think of still achieving anything more great from the world. You should realize that you are one foot front from the grave yard and wait for your turn to come.
BBS

There was a comment about why only retired central government officers are preferred for Administrative Member in CAT, and not from other eminent fields, including public sectors. The number of applicants is large and generally the selection for the CAT goes through a channel of apparent and elaborate transparency. Be that as it may, officers from IAS, IPS, IRS, central services, etc are generally preferred because of their long exposure and experience in service matters and handling the peculiar rules and provisions in CCS rules in the centre and the states. These are not directly relevant in many PSUs who have their own CCS rules. The purpose of CAT was to reduce the burden of service matter litigations on regular civil and appeal courts. Whether this objective has been met is a moot point, but the principle of the Government, as always, is beyond a pale of criticism and is fundamentally sound. That the reality on ground is diametrically opposite is a different matter altogether.
Srinivasan
Date with RTI
An excellent decision !!!!! and a much needed one. You have been covering the government news for long and can appreciate the importance of 56 J. The current government has been on a spree of throwing people out of service. I am not going into whether such an action is right or wrong. But, the point is it should be legal and justifiable before an independent body who can look into the legality of the action. It is here that the action is questionable in many cases. The officer is compulsorily retired behind his back on the basis of whims and fancies of those in power. The least which is required is that they be given a chance to challenge the action taken against them for which the officer would need the documents on the basis of which he /she has been removed. This order would give strengthen the hands of those who have been wronged. Great work Whispers.
Shrikant M

It is very surprising that only central civil service officers who have retired from service are being appointed as CAT members on the Administrative side. There are many eminent personalities who have retired as CEO,'s or Directors of PSus and have excelled in their fields. I was a very senior executive in a defence PSU in Bangalire and I am fully aware of the contribution made by them towards nation building. Such being the facts I am very much surprised why only an IAS or an allied service officer should become CAT memer. Does it mean that the retired top executives of PSUs are not applying or they are applying and being not found suitable or being wilfully sidelined by the selection authority. I request our DOPT ministry to look into this and set right the glaring anamoly
K Srinivasa Rao
High handedness of RWA
In continuation of my suggestions on Power of RWA’s I would like to mention the Illegal decision of RWA of our block in Greater Kailash-1,New Delhi. Suddenly on 2nd April 2020,we found that all gates(including wicket gates for Pedestrians) except one were locked!! There was no intimation or any circular as to who and on whose orders and why this was done.
By closing all the gates, we residents have to walk nearly a km. to go to the nearest Kailash Colony market (which otherwise is 5 minutes walking distance) for buying Essential items ,vegetables etc. By making us walk for a longer distance, we are put to greater risk.
I sent a complaint to the Local SHO with copy to CP, Delhi. No reply was received .I have sent a mail to CM, Delhi and LG. Still waiting for a reply.
RWA’s are behaving like Khap Panchayats ,Cow Vigilantes etc., who think they are above law and can get away with their illegal acts. The fact that Police are not taking action against them ,indicate a Nexus of Police with RWA’s
Since large number of senior officers visit your site regularly, I hope some one will take note of it and take immediate action to Free us from this illegal confinement.
S Gopal

Apropos to news that UPSC needs three more directors UPSC has been mandated to recruit Civil servants , group A services and other bunch of services like IES, ISS and IFOD besides the faculty of doctors to be posted in various Government Hospitals but the delay in the procedural overstretching with curious conflation is causing big damage in recruitment process which to common wisdom , appears to be avoidable and appalling Recruitment success last year has been dismally low around 2200 as against 2900 Approx observed year before that . There is gargantuas staff strength their with Honble Chairman , battery of esteemed members , Sec . Addl Sec ,many joint secs and big staff quarantined in the grandeur building Called UPSC Bhawan . Delay in appointments is profound ,despite overstuffed is over elastic fatigued . Many of the staff are finding sinecure job and the legacy of British rhetoric speaks loudly there . Rules are too archaic that many of of the aspiring students have to go for legal remedy thereby justifying many existing posts as justified . Govt of India should make a very vivid social audit of such constitutional body to ascertain the need based requirement of postings particularly in this technologically enabled working environment and every human capital should be gainfully utilized . It is only social concern with malice towards none but requirements of staff in overstaffed institutions should be avoided
Mahendra Goel

The appellant was compulsorily retired under FR 56(j) vide Order No. A-47012/2/2016-HRD-I dated 10.05.2018 and sought the copies of complete notes and correspondent portions of the relevant file/files in regard to decision taken for his retirement. The PIO refused to provide the requisite information u/s 8(1)(j) of the RTI Act alleging that since the total information contains a combined report of the Committee regarding all the persons who had been considered and recommended for Compulsory Retirement under Rule 56(j) of CCS (Pension), Rules, 1972. The Appellant submitted that the PIO could have provided the information after applying the doctrine of severability as embodied in Section 10(1) of the RTI Act. He claimed that the information would enable him to represent his case before the Representation Committee or to seek redressal before the Court of Law against the decision to retire him under FR 56(j). The CIC perused the relevant files during the hearing. While the CIC was in agreement with the contentions of the PIO that every single note-sheet is related to all the four employees who were subjected to compulsory retirement, however, the CIC observed that the portion of the notesheet in which a final decision was taken can be supplied to the appellant, since he himself was one of the employees who were subjected to Compulsory Retirement as he was retired on the basis of a report of the Review Committee. With regard to the correspondence portion of the files, the CIC held that the material on the basis of which a decision was taken to compulsory retire the appellant can be supplied to him as such material/documents would be in relation to an individual employee only. The CIC instructed the PIO to obliterate the name/s of Review Committee members and/or details of other employees who have similarly been retired under FR 56(j) of CCS (Pension), Rules, 1972 and Rule 48 of the Rules and supply the portion relevant and referring to the appellant.
Comments
Compulsory retirement under FR 56(j) has often been challenged before the Courts. Even though it is prerogative of the competent authority to decide about the compulsory retirement of an employee in public interest, the employee is well within his/her rights to obtain details/factual background which led to such an action. Such information cannot be denied to him, in terms of principle of natural justice.
Citation: R C Kalra v. Dy. Director General of Foreign Trade/CPIO(HRD - I), Ministry of Commerce & Industry in Decision no.: CIC/MOCMI/A/2018/155663/03171, Date of Decision: 31/03/2020
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)
Border Guarding Forces (BSF, ITBP and SSB) could be merged into BSF, while, CRPF, Delhi Police, CISF and NSG could all be merged into CRPF. These mergers must not be only for Officers but must include all ranks and be total mergers.
All India Central Medical Services (AMC, CGHS, CAPFMS and Railway Medical Services) too must be merged and Combatised Medical Service must be for only those doctors and paramedical staff below 40 years. Beyond 40 years the medical and paramedical staff may either serve in Secondary or Tertiary Care centres or at nation wide dispensaries and polyclinics which can serve as PMJAY registering and referral centres and also as surge capacity in times of Disasters or Pandemics. In fact merger of Central Medical Services must be the first priority
C Rao
Injustice to technical community
As a senior technocrat myself, I feel very sorry for Mr Sharma who did not make it to the Central Regulatory Authority post. In technically oriented organizations, technocrats should be given the rightful credit and pride of place. I am of the strong opinion that the selection committee, whoever it may be, has done gross injustice to Mr Sharma in particular and the technical community in general. If the services of very talented technocrats are not recognised and utilised properly, the nation as a whole stands to lose on expertise. It is no wonder that thousands and thousands of our brightest engineers flock to outside countries as soon as they graduate because they know that their talents are better recognised and rewarded in those nations when compared to their motherland.
K Srinivasa Rao

It is no sign of excellence of administration in the country if the Prime Minister has to personally supervise management of crises whenever they occur: floods, famine, excess/deficit rains, epidemics like the Wuhan Virus or war. The very fact that the country’s top management did not know how to tackle crises of such magnitudes is evident from the constitution of so many high-powered groups. It means the training given to these bureaucrats does not cover management of crises of any kind. What will they do? Issue strict orders only? Who will implement these orders? Are they at the same wave length? I am afraid, no; no, they are not at the same wave length. There is no SOP visible to handle a crisis of the nature of COVID-19 induced lockdown and its effect. To illustrate the point consider this: most families depend on supply of essentials both in rural as well as urban habitats on a daily basis; millions living in small flats in cities can not store provisions for more than a fortnight because of space constraint (where do they get space for home quarantine?), senior citizens can’t go out to the market obeying government’s good advice and can’t get essentials delivered to the door as practiced in cities where home delivery has become the norm and must remain hungry, there is no short distance transport to go to the local market and bring essentials and carrying them on a back pack is impossible, more people will die in India if they live like this than any epidemic can cause, visiting a doctor is now impossible, mass dislocation/disruption and loss of livelihood/employment means death due to starvation, nobody can feed 130 crore population for a month or more if managing the affairs in such difficult circumstances is not well thought and well worked out. The high-powered groups will use only their common sense, experience, imagination and sentimentality. The traumatic experiences of 1962 Chinese war, 1965 Pakistan war, 1971 Pakistan war still revive chilling experiences of suffering of the people. Smart citizens started hoarding 3 months ration just after the Janata Lockdown, only those who believed the government are finding things bad. Now, the rumours/genuine news of extension of the lockdown are frightening. Better lift the lockdown or announce how people will get the essential supplies home delivered by ordering on phone. If chaos is created by unimaginative administrative conduct, it will prove very costly to the nation.
M L Gupta

Instead of pruning the number of private banks, there is a need of having a regulatory authority with a lot of canine teeth. Banking is a business. It is not the government's job to be in the business of business. Every time a thing goes wrong in both the private (Yes Bank) of public sector (Punjab National Bank) the honest tax payers of the country have to bear the brunt. Their hard earned money is used in settling the unethical practices of certain individuals. The depositors of money in the banks also need to share the burden of risks in a business environment. Like taking back lesser amount of principal, interests etc. in the event of settlement of dues.
Anurag Srivasrava
Govt should accept Mallaya’s offer
Mallaya has offered to again pay the Kingfisher dues. Govt should accept the same. Let the proceedings continue.
Sreesayee Prasad

It is trahi trahi already from East to West China, Korea, Japan, many other states faced the fury of COVID-19 before many could assess the full impact of the virus. Till Italy shook Europe, Iran other nations, the virus reached America and England. The daily rise in the numbers of the sick sudden deaths rising from single digit to two in the early days and three later shocked the world community instantly casting a pall of gloom throwing normal life in to lockdown everywhere jolting The smugly 6 billion world community Gasping at numbers of the dead & sick The tragic irony of super powers killing millions like flies in wanton nuclear war Devastating and destroying in minutes The whole world at the press of a button Ignoring signals of Benevolent Nature The only Super Power in the universe Nature’s annoyance is too apparent to Ignore or its power to punish the guilty Unless human conduct changes fast it Will invite the wrath of the Benevolent Going into a panic mode is not enough Trahi trahi- the individual cry of alarm Knowing not when it will abate, subside The remedy though lies in human mind Pray to the Mighty the Benevolent: say Trahimaam, trahimaam O! Benevolent Save me, protect me, forgive me Mother Community of nations in solemn unison.
M L Gupta
Appoint them
If facts quoted by Arun Sharma are correct, then Government should appoint all these qualified MBBS persons on contract basis for Two years. They can be considered for regular appointment there after.
S Gopal

It is really a state of quandary that when the banks are jostling with the humongous NPA’s there still is a rat race in the banks to sell the third party products be it mutual funds, Insurance or any other financial instrument.
It is axiomatic that bankers are not trained and well versed with selling of the third party products and even the fee based income by selling these items is miniscule balance sheet of the banks. Moreover, the most bright employees of the banks be placed in the Loan Recovery Section so that they ruminate for the recovery of the bank dues, out of box to nip the nefarious acts of errant borrowers who are trained to eat away the funds of banks.
Mahendra Kumar Goel
High level Empowered Groups – a very good move
High level Empowered Groups constituted; Very good move. They should be given adequate Administrative and Financial Powers
S Gopal
Sanity required in locked down India
The PM has correctly asked India to be self disciplined for 21 days . That requires Essential Services to be seamlessly working . These are:- Hospitals , Doctors , Nursing staff , healthcare workers for elderly to be given curfew passes. Logistics is the backbone of Indian Lockdown. That requires Trucks, Drivers, loading staff and more to be given curfew passes. That will ensure food , milk, medicines, and more to be supplied seamlessly to retail outlets across the country. Currently a state of confusion prevails as police at borders are not letting drivers bring in loaded trucks with supplies ! That is ridiculous. Panic and shortages must not be created in India. The Home Ministry must ensure the same and if necessary request our Indian Army to assist. The Indian Armed Forces are very capable in war and peace to ensure logistics are supplied all over the country . Their role can be expanded now to ensure Indian people receive supplies . During demonetisation the IAF flew currency in to banks . The Indian Armed Forces can easily assist trucking companies to supply food , medicines and more. A national effort for next 30 days is required.
Devindra Sethi