Whispers Forum

The appellant sought a certified copy of all documents submitted by him at the time of his appointment in the Hindi Teaching Scheme (HTS), Chennai Office. The CIC held that the appellant is not entitled to the information as a matter of right under the RTI Act and the information sought cannot be provided to him.
Comments
In the case of High Court, Madras v. CIC, WP No. 26781/2013, the Madras High Court held that the copies of complaints and appeals submitted by an appellant are not the information available within the knowledge of the public authority. Admittedly, they are the documents of the appellant and therefore, if the appellant does not have copies of the same, he has to blame himself and he cannot seek those details as a matter of right. Further, those documents cannot be brought under the definition "information" as defined under Section 2(f) of the RTI Act.
Citation: K N Rajasekar v. CPIO, Department of Official Language in Second Appeal No. CIC/DPOOL/A/2018/114542 dated 28.08.2019
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: http://www.rtifoundationofindia.com/

The recent decisions of the Government regarding mergers of some weak banks into already facing stress in their balancesheet and trying to recover from their NPAs by exiting from some non-core business have added to the woes of the acquiring as well as target banks despite the fact that Government has provided adequate support in the form of additional capital. It would be more appreciated if the Government first of all extend all the support needed for speedy recovery from their NPAs and strengthen them. It seems Government has been in a bit of hurry for making announcements. Bank of Baroda has not still recovered from the forced merger of Vijya Bank and Dena Bank. Now, it is in the interest of all concerned to first make all PSBs profitable only then the merger of strong bank but a small bank into a large strong bank can be thought of. When we talk of mergers of private banks, we can zero in our choice only for 3-4 strong banks such as HDFC Bank, ICICI Bank and Axis Bank only and there has been a long que of comparatively small banks which have also been strugling with their own problems. RBI and Government can minimise their numbers also by relaxing the existing norms for providing safety to the public deposits such as Yes Bank, Dhanlakshmi Bank and Lakshmi Vilas Bank. The Government can show the door for exit to irresponsible managements and merge it with the comparatively strong banks to regain the confidence of the public. The erring management should be black listed and barred from doing any financial activities.
Ved Prakash Sharma
Achievers from MP in Civil List
As per the civil list PG Mankad from the MP Cadre was 1st in India, Omesh Saigal was 2nd and NC Saxena was 3rd.
Amitabh Agrawal

Hongkong's pro-democracy movement is the largest and the calmest, so far. It may reach the flashpoint with global ramifications, the moment China unleashes its PLA troops on protestors.
China -occupied Tibet, cAksai Chin, unauthorised occupation of a part of Gilgit-Baltistan, must be part of Indian agenda. Atrocities on Uyghurs Muslims minority in China, should not be ignored. Internationalise cases of human rights violations by China. India must raise these issues at the UN.
Being offensively defensive, is imperative, considering China's expansionist designs against India. India as World's largest democracy, must speak up while discussing boundary issues with the mandarins.
Now, a word about Pakistan’s aggressive posturing through proxy wars against India.
POK is a disputed territory. India must broach the subject with Pakistan claiming India's legitimate right over POK . Failing this, military action is the only option for India. Fast and furious action is need of the hour.
Most importantly, India's doctrine of No-first-use of nuclear weapons, is out -of-sync with dynamics of sub-continental geo-politics. It must be revisited and reversed.
India must fulfill its promise of liberating POK, Baluchistan and Sindhu Desh .Let it open multiple fronts simultaneously at LOC, international border (IB) and the Sea-at-large.
This is the opportune time to launch a comprehensive diplomatic-cum- military offensive. Pakistan is down and out.
A K Saxena (A former civil servant)

India's economy is slipping out of Govt's hands. At least, so it seems. Is the negative impacts of De-monetisation and GST, showing up, feel experts ? As a layman, I find no reason to dis-believe those who have been opposing the successive government initiatives.
The dictum of Statistics, damned statistics and the Lies, is not always applicable. CSO statistics can no longer be manipulated .
GDP quarterly growth rate, is at 6 years low ; 5% this quarter as compared to 5.8% in previous quarter.
Some pertinent questions.
Why is the GoI totally reticent about appropriating 1.76 lakh crores INR forcibly taken from the RBI. FM refuses to answer. Silence is baffling.
Indian public will always stand solidly behind it. Total lack of transparency about the manner in which the public exchequer is proposed to be misused ?
The government's hush-hush mode raises serious suspicions in public mind.
The nation wants to know the truth.
Worse still, in the midst of all this, reasons for mega merger of 10 PSU banks into 4, remains a riddle inside an enigma wrapped in mystery.
What about recapitalisation of banks by infusing 70,000 crores of rupees into banking sector.
The Modi sarkar is extremely extravagant, allergic to taking austerity measures and conserve resources. Expenditure on publicity for trumpeting government's achievements, is criminal waste of money. Throwing the money down the drain. Taking the gullible public for a ride.
Who is advising the ruling government in decision-taking ?
Are bureaucrats the ultimate custodians of all wisdoms? The public as the largest Stake-holder is not taken into confidence. Never, ever.
One useful suggestion for consideration of Modi sarkar.
All discretionary powers of the Executive, political as well as permanent, must be drastically curtailed. The Financial Advisors are not performing their duties diligently. Always willing to please their political masters.
And, about the C&AG, less said the better.
A K Saxena ( A former civil servant)
New book by NCS
Dr N C Saxena is a revered figure in the civil services. Topper of the 1964 batch, he can be said to be the "best Cabinet Secretary India never had". Ph.D. from Oxford, his academic credentials are no less impressive. His book "What Ails the IAS and Why it Fails to Deliver" has come out but is unlikely to be a best seller. The reason is that on top of the cover, there is blurb from Mr Harsh Mandar IAS (Retd.). Mr Mandar was a hardworking kind hearted honest officer but he is not a patch on Dr Saxena in terms of either brilliance or performance. Moreover, he is a controversial figure. Considering that many an eminent scholar from India and UK has praised the book, Dr Saxena could surely have a placed someone else's blurb on top of the cover page. Lack of judgement on the part of Dr Saxena is inexplicable and brings into question the credibility of what he has to say in the book.
M P Bauer
Army like restructuring coming for PSBs ?
Yes in units young people who don't know the rules and regulations are posted and the promotion to new people are coming very fast hence they are not bothered about development of bank
Subramanyam
Reservation policy be reviewed !
I fully endorse A.K. Saxena’s views. Reservation policy must be reviewed and should be based on income only and not on caste basis.
S Gopal

Last week India signed an agreement with the Dominican Republic to the effect that Indian Diplomatic and official Passport holders will not require visa to visit that country. Other developing countries try to get visa free entry for businesspersons of their countries (who hold ordinary passports) but the focus of GoI is a always on convenience of its officers. Incidentally, there is little work for Indian officials in Dominican Republic. However, it is the most popular tourist destination in the Caribbeans. Now GoI officers making 'official' trips will be saved from the bother of getting a visa.
Dr N C Saxena
Don’t opine without checking on facts
It has become a habit with some persons to give their opinion without checking on facts. The latest one is one of your surfers joining the brigade which blame Nehru for the mess Kashmir is today. It is true that Maharaja Hari Singh signed the instrument of accession when faced with the tribal raiders who were able to overtake much of his state. He was otherwise keen to remain independent, one of the choices given to Princely states by British. Nehru, a true democrat, agreed to decide the fate of Kashmiris through plebiscite .There were two factors going strong at that time in favour of India. The most popular leader of Kashmiris at that time was Sheikh Abdulla who was a friend of Nehru and trusted him(though he was betrayed later on and put in jail)People of Kashmir would have gone with India at his bidding if the plebiscite was held at that point of time. Kashmiris also with their culture of sufiyat did not consider themselves to be part of a country solely carved out on the basis of religion. Times have changed. Our mistakes as well as Pakistan's relentless pursuit of getting Kashmir by hook or crook has changed the entire land scape. First we failed to check the spread of Wahabi Islam in Kashmir by letting so many mosques and Madrasas come up in Srinagar and elsewhere. Secondly by letting the Pandits leave the valley(why could we not stop them by protecting them) the Islamisation of the valley was complete. Plebiscite is of course no longer a choice. During Nehru's time it was. Article 370 was incorporated to give Kashmir a special status till the issue of the decision of the people over their fate was resolved. This was the need or the demand of the hour then. Today we are living in a different world where consensus, dialogue or will of the people are words not relevant in the statecraft while pursuing what we think is in national interest.
Aarti Khosla
Delayed promotion orders – cause of concern
Extension orders are passed well in time. Promotion orders are delayed, well after retirement and many are denied benefits of promotion.
Vijay

The concern on the economic front calls for lateral thinking. Attention needs to be paid to imported items of superior technology for mass consumption on a sustained basis. Since we boast of the biggest pool of scientific and technological talent, it sounds bizarre to import these items now. We export or rather drain away all the talent because we refuse to use it for industrialisation in the country. Just take out the list of any surgery procedure and it would reveal that more than 98% items are “imported”. On the one hand we are preparing to send a manned mission to the Moon and on the other we keep importing almost every medical aid from abroad. It reminds us of the days when the country needed to import even wheat from abroad. While it sounds nice to say that government has no business to remain in business, we also must produce talent for real business e.g. for indigenous production of these medical devices. Can doctors of national repute and integrity be encouraged to set up production units? Thinking that lateral entry of outsiders into the government at JS/Secretary level is reform is really humour unlimited unless we ensure similar entry for talent from government (make 6A universal) in private businesses which are happy to kill the public sector and rob all its assets including human resources and produce third rate goods and services. Only those people who suffer private health care, cars, scooters, water geysers, washing machines, refrigerators, air conditioners, TV sets, mobile etc. would know the pain. The jobs in millions can be created on a sustained basis, revenues increased and personal income tax bid a farewell. On the one hand the country runs a National Blindness Control Programme and on the other cheapest quality glasses/lens are sold in millions to the people (imported glasses cost above 12000 onwards) and on the economy front we toy with the idea of Universal income but run dozens of variants of MNNREG schemes. The ID(D&R) Act is not completely useless nor is the Industrial Policy Resolution. Replace it by a better document and policy if you can. Take it as a challenge for the next 55 months!
M L Gupta
Sinha deserves top post in PMO !
P K Sinha is a humble person with farsighted vision and rightly deserve for the elevation to the top post in PMO. I had got an opportunity to work with him when he was Additional Secretary & Financial Adviser in the Ministry of Social Justice & Empowerment and learned a lot from his straight forward working style calmly.
R S Meena

Raja Hari Singh signed "Instrument of Accession" with India. Pt Nehru secretly converted this into "Instrument of Secession" and finally to "Instrument of Concession”. This cost India a lot in terms of manpower, money and endless drain of resources for decades.
India had been supplying Indian Kashmiris commodities at subsidized rates all these years. After scrapping of Art 370, India is making substantial investment for developing J&K region. On the contrary , people of POK consisting of Azad Kashmir and Gilgit- Baltistan, have remained neglected for over seventy years. They were deprived of benefits/ incentives as are admissible to their Kashmiri counterparts on this side of LOC.
Residents of POK must intensify their agitation against Pakistani establishment and final merger with India. India is ready to launch a major offensive against Pakistan anytime too soon. Forcible retrieval of the illegal Pak- occupied Kashmir, is inescapable. The present is the most appropriate time for India for triggering balkanization of Pakistan. PM Modi is also to fulfil his promise to Baluchistan for its liberation concurrently with annexation of POK with India.
Military action is the only option for India, fast and furious. Let it open multiple fronts simultaneously at LOC, international border (IB) and the Sea-at-large. Most opportune time for India to launch a comprehensive diplomatic-cum- military offensive. Pakistan is down and out, totally isolated in the comity of nations. Talking with PM Imran Khan, would be meaningless. A report from the USA, confirms, he is a puppet PM of Pak army.
India must broach the boundary issues with China. Hongkong's pro-democracy movement, the largest and the calmest so far may reach the flashpoint with global ramifications ,the moment China unleashes its PLA troops on protestors. China -occupied Tibet, Aksai Chin, unauthorised occupation of a part of Gilgit-Baltistan, must be part of Indian agenda. Atrocities on Uyghurs Muslims minority in China, should not be ignored. Internationalise cases of human rights violations by China. India must raise these issues at the UN
Most importantly, India's doctrine of No-first-use of nuclear weapons, is out -of-sync with the fast changing dynamics of sub-continental geo-politics.
A K Saxena ( A former civil servant)

RSS Chief Mohan Bhagwat’s clarion call for a “harmonious” debate on Reservation policy, must be taken in right perspective in national interests. Castes-based reservations in the country calls for serious and unbiased consideration.
There are no forward or backward castes. The distinction is artificial, man-made. Its perpetuation by politicians is the greatest electoral fraud perpetrated on India.
As part of vote-bank politics, more and more categories are demanding reservations in government jobs. Affluent communities like the Jats, Gurjars, Patels, Marathas are demanding quota-based reservations.
Worse, reservations for OBC even makes allowance for inflation in fixing the creamy layer criteria. Instead of promoting national integration in the country, the regressive reservation policies are being continued taking the country backward by decades. All under the patronage of politicians.
How could PM Modi, the “ Grandmaster” of Good governance, achieve milestones in the face such anomalies ? On the contrary, absence of level-playing field, is resulting in unrest, discontentment , demoralization, de-motivation among the youth, across the country.
Why promote mediocrity by continuing the caste-based reservations. A retrograde step, that has taken the country backward by several decades. Merit becomes the casualty.
There are only two castes in India. Citizens are either filthy rich or the impoverished poor. The latter category alone deserves benefits of reservation.
If, it is not found possible to reform the flawed policy due to compulsions of vote bank politics , the beneficiaries must be considered for dis-enfranchisement.
No further extension of Reservation policy beyond Jan 26 , 2020
What happens to the doctrines of : Rule of Law , Equality before law, Level-playing field, one wonders ? Could the Law makers demystify my baffling puzzle ?
A K Saxena (A former civil servant)

Pakistan has no other option for its survival than peace alone. Imran’s days are numbered in the Pakistani military style of hanging/assassinating/exiling the Prime Minister. Foreign minister Qureshi has already been put on notice by playing up Basit, who can serve the military interests by using his contacts in Kashmir and Delhi with terrorists and dying for a minute’s fame politicians & journalists. Has Pakistan achieved anything in the last 72 years and repeated wars against India except poverty ? It is a known terrorist state, isolated in the comity of nations. After such defeat, Pakistan needs to embrace genuine democracy. It has to guarantee fundamental rights to its citizens and human rights too. Bajwa will do something spectacular such as imposing military rule before 14th August 2020 taking advantage of President’s election in America. Pakistan must have a genuinely independent judiciary. It has to treat all citizens as equals and grant them all the fundamental rights, including right to freedom of speech and expression. It needs to move away from inciting hatred to promote fraternity among all its people from all religious denomination. Beware of the Lahore elite (Prime Minister Imran) who do not suffer the rule of Sindhi, Baloch, FATA or Pashtuns. You stand at a critical moment of history Imran, seize it and turn Pakistan from a ba-d-aman parast mulk to an aman parast mulk!
M L Gupta

As per one of the report, Aadhaar is mandatory for availing any Govt. benefits, subsidies, Govt. loan etc. otherwise it is one of ID option which can be used for opening bank accounts, SIM purchase and many other purposes. In practice, many agencies use it as mandatory when other IDs can be used. As Aadhaar is mandatory for getting PAN card, filing returns etc. so it is linked to other IDs. It is not clear why agencies still insists on Aadhaar when PAN card, voter ID, driving licence can serve the purpose. Apparently the Central Act to use Aadhaar for property registration still to come but Authorities still ask for PAN and AAdhaar both for registration of property (may be due to State law) When both are linked and FM has announced the interchangeability of PAN and AAdhaar then it means any one can be used to establish the identity of a person. People on job keep changing place. It means every time they have to get change done in Aadhaar as it contains address where as PAN is universal number and can be used all over India without any restriction and change. Can a viable solution be found to use either PAN or Aadhaar for identity verification when no Govt. benefits to be derived or subsidies to be obtained. To make life easy for public let other IDs be also used unless its use is mandatory by law or Act. We always go what agencies say due to lack of information or knowledge. Govt. may publish a list where all its use is mandatory or optional to make the life of public simpler. It is without any prejudice.
Naveen
Satire is appreciable
Hi, I have been an avid reader of your website. Really appreciate the Satire you post on a daily bases. Much appreciated and Kudos to the good work. Thanks for all the update. Regards
Nimit Aggarawl
All Information Commissioners should have magisterial experience
Every judicial or quasi judicial order has to be a speaking order elucidating the reasons thereof. All appointees as Information Commissioners should have magisterial experience. All the autocrats do not have any experience but are appointed because of the favours extended by them to the ruling party while they were in power or for just doing the bidding of their masters without questioning the legality or propriety.
S C Agrawal