Whispers Forum

Information regarding recruitment of faculty of NIT Kurukshetra including list of shortlisted candidates, list of selected candidates for the post of lecturer and other related information was sought. The appellant submitted that he received a reply which was delayed by one year and requested for imposition for penalty on the PIO. The CIC observed that despite a penalty of Rs 2000/- being imposed on the same PIO in another case, he has not concerned to reply to the present RTI application. The Commission took a serious note of the one year delay in providing a reply, the lackadaisical approach of the PIO and the inaction of the First Appellate Authority in providing a reply and observed that it shows the poor functioning of the respondent organisation. The CIC observed that the PIO is incorrigible as despite penalty being imposed earlier, he has still adopted a casual approach in dealing with this RTI application. A strict warning was issued to improve the manner of handling RTI applications and follow the RTI Act in its letter and spirit. Furthermore, the FAA was issued a strict warning for not disposing off the first appeal. The Chairperson, Board of Governor, National Institute of Technology, Kurukshetra was directed to take steps to ensure that the PIO and the FAA are dedicated towards promoting transparency and providing timely replies.
Comments
The PIO and FAA ensure timely disposal of RTI applications / appeals filed before them. Penalty may be imposed on a PIO in case of failure in performing the duty and even disciplinary action can be taken against the PIO.
Citation: Sudakar Singh Chauhan v. CPIO, National Institute of Technology Kurukshetra in Decision no.: CIC/NITKS/A/2018/151482/01601, Date of Decision: 12/09/2019
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: - Right to Information Act 2005- RTI Foundation of India

Let me come straight to the point. There was some kind of ‘Ilhaam’ to convey PM’s twin vision of having office buildings, more than 50 years old in Delhi to be razed or revamped and search for a global architecture to redevelop and restructure the central vista, central secretariat and the Parliament house.
Public is not naïve. No wonders, it has already started accusing the CEO of foisting grandiose plans so as to leave a lasting mark on the gullible masses. Dates of completions of projects are fixed even examining the implications . Decisions are taken unilaterally with scant or no regard for stakeholders. Lack of consultative mechanism, makes it almost dictatorial. Appalling. Results are obvious. Utter confusion prevails in Min / Housing &Urban Affairs; Officers and engineers are either half-informed or uninformed. No sharing of information, no brain-storming sessions before finalising the multiple projects.
A deeper analysis would throw up several ambiguities. Sample some of these.
The govt reveals its ambitious plan of revamping or building a new Parliament House by 2022 (synchronizing with 75th Independence Day) , razing down Shastri Bhawan, Udyog Bhawan, Krishi Bhawan and build a common secretariat to locate about 70,000 central government employees who now currently work across 30 buildings. The ambitious projects are to be completed by March 2024.A rather tall order for CPWD with its laidback work culture. Favourite realtors could join the fray on the basis of turn-key projects.
North and South Blocks are proposed to be retained as museums with erection of new secretariat buildings. So, one can assume, there is nothing structurally wrong with the Lutynes landmarks. The plan includes upgrading public facilities, parking and greenery in central vista to make it a “world-class tourist hub” by November, 2020.
According to experts, North and South Blocks may need some retrofitting as they are not earthquake proof. Interference with Central Vista by demolishing Shastri/ Krishi/ Udyog Bhawans etc and replacing these with multi-storeyed glass structure without any consultation with the public, groups of architects or urban planners – would be unpardonable. Why raze down buildings for not being earthquake -proof ?
Domain experts caution that any plan of such large scale and magnitude should not be executed in a hurry. This is a serious flaw in the scheme.A truncated timeframe without detailed examination of ambitious projects leaving many things vague ,would lead to selection of incompetent ,inefficient builders who could leave the jobs in the middle causing more delay and corruption.
The ministry invited bids both from Indian and international architecture firms to provide consultancy services for the projects. The bidders have been asked to visit the site and examine the parameters and scope of the work in detail, and carry out detailed analysis before submitting the bids. It is left to the bidders to choose what they plan to revamp or demolish as per their plan. In other words, Govt is not clear about its flagship projects. Locating vacant space for new Parliament building, would be a tedious job .It must be ensured that Fee structure is decided by the Council of Architecture to prevent malpractices. Often foreign companies initially ask for very low fees upfront and then do a shabby job or even abandon the project midway. So adherence to Council norms would ensure that projects are executed by the best local hands.
Would there be any monitoring mechanism to ensure adherence to Lutyens bungalows and Central Vista guidelines ? This is considered necessary to preserve the original character of the capital city. Central Vista needs special attention. It has hundreds of trees, some as old as 100 years. The trees need replacement. The bid document does not spell out importance of Central Vista.
My hunch is that the Government would ultimately press for replacing present Bhawans by multi-storied office buildings. This will cause massive inconvenience to the public. Due to high population density in Lutyens Delhi, decentralisation of central government offices is need of the hour as per GOI’s stated policy. Aspects like architecture , heritage, transportation and time-bound nature of projects would have to be dovetailed. One wonders whether Delhi Urban Art Commission will be kept in the loop?
The bidders are expected to have the experience of completing one single master plan for urban or historical area redevelopment project of size not less than 500 acres in India along with a single building project of value not less than Rs 250 crore. A comprehensive urban design, landscape and conservation strategy, should have been prepared first.
Both chairman (RS) and Speaker ( LS) have asked the government to build a modern Parliament house. Is the whole exercise being undertaken to pamper the political class by providing separate chamber for each MP? At least, so it seems. Lok Sabha secretariat is still collecting feedback from stakeholders . Locating a new site to build a new Parliament may not be easy. Security concerns have to be addressed.
Govt’s perpetually wonky priorities are disturbing. The public was assured of Good governance, Efficiency, Transparency, Accountability and above all Equity. Removal of encroachment on public land still remains elusive.
The amount earmarked for make-over of Lutyens Delhi, could be put to better use for removal of unauthorised occupation on public land.
Instead of signing the deal for “bullet train” technology on Mumbai-Ahmedabad sector, we could have carried out full electrification of trunk lines or to double-track some important rail routes that are still single line and require complicated scheduling schemes which get routinely disrupted resulting in most trains running late
A K Saxena (A former civil servant)

MOF - GoI is seriously mulling merging of IFCI Ltd. and IIFCL to create powerful Development Financial Institution to channelize infrastructure and industrial manufacturing push and to create employment opportunities. New DFI will give term loan to all Large and MSME corporates and only WCTL will be from Banks. All pension / PF funds and Multilateral Finance Institutions will be asked to lent to this new DFI.
BMA
Can we leave the Central Vista alone ?
Are we on rebuilding spree or destroying the beautiful heritage we have Rashtrapati Bhavan, North block South block, the most impressive Rajpath with green lawns, jamun trees two water bodies on both sides and multiple bhavans around and the parliament house all add a touch of glory to seat of power of GOI. We should be proud of this vista where in Parliament house on the midnight of Independence the first Prime minister of the country gave his famous 'tryst with destiny 'speech, where many an Indians heads swelled with pride while watching the Republic Day parade year after year. And oh! beating retreat .Those tunes still haunt me topped by Gandhi Ji's favourite' abide by thee'. I can still hear the shreiks of joy from children and adults too when the whole of Rashtrapati Bhavan , North Block and South Block lit up. Why destroy this lovely heritage. So what if it was built by Englishmen. So what if these are over hundred years old. Does it mean that we are going to pull down all that has the imprint of all those who ruled this country before India became free. Are Mughal buildings on the block next? 'Redevelopment' plan for Central vista is there quite a worrisome idea for all those who take pride in their heritage.
Aarti Khosla

An excellent order. As first appellate authority, I come across many appeals where the individual asks for copies of the documents submitted by his own self. As there is some ambiguity in the definition of "information" under the RTI Act, this order of CIC would help in removing doubts and avoid unnecessary appeals.
Ujjwala
Trump clearly eyeing votes
It is reported that President Trump may attend the Housten Rally on Sept 22 being organized by Indian Americans for Prime Minister Modi who will be in U.S.A in connection with UN General Assembly session where he is scheduled to speak on Sept. 27. Donald Trump is clearly eyeing the votes of this crowd of Indian Americans (More than 50000 are expected to be in the Rally) for his election next year. Trump has never shown any consistency in his approach to any relationship.
Aarti Khosla

Accidents and pollution on the roads can also be curbed if we stopped misuse of vehicles for personal purposes by the Ministers and Bureaucrats at the exchequer cost. This will also reduce huge import bills of the exchequer.
BBS
When DPC for IRS will be held ?
It is an incorrect information. The DPC has been held one month back. The batches covered are 1997- 2001. The file is with ACC.
Rajesh
When DPC for IRS will be held ?
Will they be promoted on an ad hoc basis or regular basis? What about the batches earlier to these from 1991 to 1996 who are still working as Commissioners on an ad hoc basis ?
Suresh Kumar

The media report (TOI, Sept 13, 2019) carried the shocking news that jolted the conscience of every tax payers. The UP government has been regularly paying the personal income taxes of all its CMs and Ministers out of public exchequer for the past 40 years. The beneficiaries included 19 Ex-Chief ministers and 1000 Ministers.
Unethical practice has been unabashedly continuing till date for in terms of UP Ministers’ Salaries Allowances and Miscellaneous Act passed in 1981 Act. Late V P Singh as UP,CM had pushed the Bill in State Assembly. Payment made during the current fiscal, out of State treasury, alone amounts to Rs 86 lakh. The Income Tax deptt kept on dutifully recovering the outstandings year-after-year.
The skeletons remained closeted in official cupboards for four decades. Cost of other benefits and freebies is additional. Media was silenced. This is one face of corruption in UP. Outrageous and un-constitutional. The beneficiaries represented political parties in successive ruling coalitions in UP including the Congress, SP, BSP, Commies and, last but not the least, the BJP and others.
Constitutional impropriety escaped the notice of Statutory Auditors all these years. The financial shenanigans were never reported in successive annual audit reports by C&AG, AG and their auditors? Officers kept their lips sealed in cohoot with political masters. The publicity-seeking, ill-informed investigative journalists, lawyers masquerading as social activists feigning ignorance, did not approach the Supreme court for violating citizens’ Right to Equality.
Collusive corruption has jolted the conscience of every Indian ? A massive fraud on tax payers.
UP is not alone in looting the taxpayers. Several more serious financial frauds would be crying for detection in other Indian States . Pan-India investigations will reveal the truth. Let public-spirited lawyers file SLP in the Apex court for seeking directions to the Centre and the State governments to submit details of existing and former CMs, ministers ( living ,dead, existing and former ) who grabbed undeserved benefits.
In absence of SLP, the Chief Justice of India is urged to take suo moto cognizance of the media report and direct all State governments to compile details of benefits under unethical practices. Absence of action would embolden the politicos to assert their VVIP status and continue receiving out-of-turn benefits out of scarce public exchequer.
India is a land of paradoxes. Top Judiciary decides its appointments and promotions through Collegium system. This calls for self- introspection by the Judiciary for taking remedial steps. Not to lag behind, States legislatures are empowered to finalises their conditions of Service, freebies like rent-free, power-free bungalows, unlimited phone calls on landlines and mobile phones, free chauffeur-driven cars, army of attendants. Political fraud.
Exemplary punishment needed for sanskaari politicians.
The Supreme court is urged to stay further misappropriation of public funds by UP govt on payment of personal income taxes of existing CM and Ministers of Uttar Pradesh. As regards the remaining offenders, they must be asked to refund their shares of income tax along with market rate of interests. Failing this, their moveable and immoveable assets must be seized. Absence of penal action would amount to transgression of citizens’ Right to Equality.
A K Saxena (A former civil servant)

Economic Strategy Jammu Ladakh Valley There is a need to deghettoise the common man and woman of our Kahmir Union Territories . The best way is to :- - Execute Economic Activity at the village level in the state. - First step to buy apples is perfect. - Next step is to bring other produce too to nation by direct purchases from villagers as NAFED has commenced. Let a million trucks move all types of produce to rest of the country. That includes Saffron / Dry fruits/ Carpets / rugs / Shawls / and more. - BSNL should connect each home in Jammu , Valley , Ladakh in a direct message to the people. PCO's should be opened in villages. CONNECT WITH INDIA - ONE NATION PLAN at prices equal to the cost of a Post card. - ISOLATE the Abdullahs / Muftis / Hurriyat as done by fmr PM Indira Gandhi for one year. House arrest is best . As common man is saying in Valley, let them rot !! They siphoned all funds for development for 70 years. Let ED investigate with CBI and Income Tax authorities. WIC should continue exposure of these politicians who impoverished the people. - Let the people become our eyes and ears against Pakistan . –
Devendra Sethi

The new fines imposed for several traffic violation acts in the amended Motor Vehicle Act are deterrent against brazen violations such as over-speeding, riding two-wheelers without helmets, overtaking, talking on mobile phone while driving, not sticking to your lane etc. All this is leading to number of accidents with a heavy loss of life across the country. It is therefore unfortunate that some of the States have given in to the protests against such heavy fines and reduced the same or not implemented the revised fine regime. At least some chance should have been given for the new rates to inculcate some discipline among the vehicle owners and drivers. If one is careful while driving and abiding by the rules one does not have to bother about such fines. Protesters are obviously the ones who do not abide by the rules and therefore are troubled by these hefty fines.
Aarti Khosla

Dear Sir, It is very happy that you have entered the Energy sector. The draw backs are in the field of Corporate Legal Wing (where there is no single qualified to present and follow up) and also an accounts man is the whole and sole from the last about 1- years who does not have any qualification and knowledge about legal issues in such a big organisation. Because of this, wrong decisions /wrong accounts advices are made to be taken by unqualified person for whims and fancies. Only depend some specific monopolised advocates. Kindly take immediate and quick issue to take care of legal issues which are common and settling the issues quickly. without burden to the company. Basic level itself can settle the issues without incurring lakhs of rupees by the company only to specific agencies.
M R Sampangi Ramaiah
Well said and well written
Very clear analysis indeed Sir and a timely caution to our electronic media to restrict themselves to sober levels and not to overdo things
Srinivas

I am proud of governments trying to “regularise” illegal constructions! I am proud of the Supreme Court of India taking care of encroachments under a high powered committee! But this is unique: Gramin Seva. Delhi is the national capital. It is largely a non-gram territory surrounded by developed gramin & non-gramin cities like Ghaziabad and Gurugram. The Delhi government is committed to empower the women of Delhi, for whose safety it has promised free ride in Delhi Metro and DTC which is likely to cost around 5000 Crore in all. It must first provide free Gramin Service in AC mini buses to commuters to provide better connectivity and safety for all. The Red Line, Blue Line and Gramin are remnants of the defeated corrupt regimes. People are entitled to same quality of service as provided by Delhi Metro and DTC AC buses to save them from daily harassment. People avail of the Gramin bus service for short distances not on regular bus routes. The commuters have to bear with the rude and violent behaviour of these dangerous vehicles which are a traffic hazard to the passengers. The drivers carry knife, sword and pistol to silence into submission any passenger raising a voice against their abusive behaviour or dangerous driving or overcrowding small vehicles. Women suffer the most. But there is nobody to mitigate their misery and assure them too a fair amount of safety and comfortable ride to home after a gruelling day at the work place and commuting to reach the boarding point for the GRAMIN SEVA. I am not proud of this attitude towards the Gramin or village folks in the National Capital Territory of India.
M L Gupta

It was almost there. The Vikram Land Rover on the moon. Kept awake to catch this historical and proud moment for the country. Disappointment was deep .Just short of 2.1 km after traversing millions of kilometres. It was natural for ISRO Scientists to feel so upset. The Chairman almost cried. What would have been a great joy turned into a big let down. The Prime minister was there to console them. It was touching when the Prime Minister hugged the Chairman and other scientists and ask them to be courageous. Their efforts for this launch have been no mean achievement. They had almost succeeded in their mission if only the mission control was not lost in those crucial 7 minutes. Hats off to all those who were involved in this mission. It does prove India has the capability to reach the moon. Next time it will not be a rover but a human being-man or woman.
Aarti Khosla

As I kept awake watching the almost near moon-landing, strange thoughts started criss-crossing my mind. Consider the following.
(a) May be the Vikram has already landed at the designated site but signals are missing ;
(b) What if, the link between ISRO and the lander, suddenly resume in future, after the dust settles down or the technical glitches are overcome automatically ? This may not be outside the realm of possibility. In several cases, signals started pouring in, after some days.
(c ) Is there any Kismet connection between Astrology and Astronomy;
(d) Any possibility of Sabotage from within. Investigate;
(e) Any possibility of cyber attacks by the rogue country China ?
Our Space Scientists are the best. India stands solidly behind them as always and PM Modi's encouragement to ISRO scientists was timely as country's leader. His best motivational address. PM Modi exhibited leadership quality by hugging and consoling ISRO Chief. Both got emotional.
And, finally, a lesson for our over- zealous 24x7 Digital Media : Never hype an event disproportionately before Success is achieved.
A K Saxena (A former civil servant)