Whispers Forum

The Appellant sought information regarding the certified documents related to the action taken on his email. The Respondent explained during the hearing that all the documents pertaining to the service records of the Appellant had been transferred to the Regional Office, Ahmedabad soon after his transfer to the said office and therefore, no records were available at their Amravati Branch office. The CIC held that the respondent could not substantiate or justify the reason for not providing the response as per the provisions of the RTI Act. The Commission further noted that the First Appeal had also not been heard and decided by the concerned FAA. The CIC expressed its displeasure on the casual and callous approach adopted by the Respondent in responding to the RTI application. The CIC instructed the PIO and the FAA to show-cause why action should not be taken under the provisions of the Act for this misconduct and negligence. The Commission also directed the FAA to explain why the First Appeal was not responded till date.
Comments
In many case, it is seen that RTI matters are being ignored and set aside without application of mind which reflects disrespect towards the RTI Act, 2005 itself. In some instances in the past, the CIC has directed the Respondent Public Authority to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities. The public authorities must conduct regular trainings to ensure that the PIO’s do not end up facing penal proceedings.
Citation: Mr. B L Gangwani v. National Insurance Company Limited in Appeal No.:-CIC/MP/A/2016/001574-BJ; Date of Decision : 06.07.2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of 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 - Right to Information Act 2005- RTI Foundation of India

Agrarian Distress What kind of agriculture economics we have practiced so far? Farming is not only a highly skilled profession but extremely “hazardous” too. We do not maintain data on farmer deaths due to snake bite (common during ploughing); serious injuries suffered while digging/ levelling/ harvesting and transporting, requiring immediate medical intervention, but treated locally with mud/ash/cow dung etc. resulting in disability or loss of productivity; wild animal attacks on man, domestic animals, farm animals or crops; loss of produce due to fire, rains, floods, storms or such other “acts of God”; deaths due to cholera, malaria, dengue, chikungunya, tuberculosis, diabetes, cancer and other life threatening diseases; violent land disputes stoked by local politicians in collusion with criminals and police; thefts; drought; floods; landslides; locust attacks and pest attacks. The industrial sector pays hefty emoluments to its highly skilled professionals and tops it too if it involves highly hazardous and even arduous duties. The per unit return in the industrial sector is not as high as that in the farm sector. The per unit contribution to the GDP and employment tilts the scales in favour of the farm sector. Even then, our approach to farm sector has been deficient so far. This when the farm sector constitutes the most “critical” segment of the Indian economy! There is an urgent need to correct the deficiencies of the Economic Policy for the farming sector. Shall we do justice to ourselves by treating the farm sector without the politician showing the farmer the mercy of the old Maharaja waiving the loans of the “poor”? A policy built on sound economic parameters, which guarantee highly remunerative profits and motivation to the farmer-producer to stay in the farm activity, satisfaction and fair price to the consumer and high revenues to the public exchequer needs to be formulated. All three stakeholders need to be kept in the centre to arrive at a sturdy and sustainable policy and plan of action for the next stage of our national agriculture policy. The farmer is not poor but made poor. The mismanagement of the sugar industry and the captive sugarcane farming is the best example of politics played for decades in the name of the farmers to the sole benefit of the political class. We have done the same damage to the farm sector which has been done to the primary, middle, secondary education or health in the country. The rich and powerful, of whom politicians, businessmen, bureaucrats form the largest segment, have resorted to owning Farm Houses/Farms at strategic locations (distinct from backward areas) but the real farmer is leaving farming for fixed wage employment in cities, to suffer the life of ghettoes with all the disadvantages associated with it. There would have been no suicide, no loan waiver, no need for a promise of doubling income by 2022 had we paid due attention to the sane advice of Mahatma Gandhi and tended our farms, villages and the farmers through a sound farm economic policy.
M L Gupta
Why only IAS officers ?
Why not S.K. Lohani type of officers of group 'A' services. An IRTS officer, who has worked in the Eastern Belt of the country, could be good CMD of Coal India Limited.
B B Srivastava
Astonishing – he has no work !
Reference whispers dated 7 July 2017 on the above subject. It is indeed a matter of regret that an HAG level officer of IES or ISS is kept idle for months together by the Secretary as the Secretary is not comfortable with non-IAS officers. Since the scheme of attachment of one each HAG level officer to each Ministry/ Department in around 2003-04 (?), the senior officers are being ignored. I remember one newly attached ISS officer in one Ministry after sitting idle and begging for work, had requested in one monthly meeting taken by Secretary that he should be allowed to make a presentation on how he can be useful to the Ministry. The presentation was an eye opener and the Secretary was forced to give him important work at par with other Joint Secretaries of IAS. I think the ISS officer in question should also take this time to evaluate how he can be useful to the Ministry and then request the Secretary to allow him to make a presentation on how useful he can be to the Ministry. We should not forget that Dr. Edwards Deming was a statistician who had turned around the quality and production in Japan in the 1960s.
Pradeep Kumar, A retired Central Government Officer

1. Farmers Loan waving issue. - Not Possible
2. Stopping of Farmers agitation- Immediate
3. Farmers produce, Milk wastages - Immediate action by distribution, transporting and proper storage is required.
4. Gorkhaland Issue - Burning Issue.
5. Defence Deal not required as Foreign Exchange loss.
6. Border Issues with China and Pakistan together with Kashmir to be resolved. Tibet Bhutan Sikkim border issue has started.
7. Reservation Issue and Employment Issue pending.
8. Focusing on Election is giving rise to pendencies and shifting from main issues.
Rajesh Tenany
Promotion of ISS officers to SAG level ?
Will Whisper in the corridor throw some light on the promotion of ISS officer of 1993, 1995, 1997 1998 & 1999 batches to SAG i.e. Joint Secretary level and empanelment of Joint Secretary. What about the promotion of 2007 and 2012 batches of ISS? When will they get the promotion ?
By A Visitor

In the interest of the organization, the maximum tenure of any Director or CMD should be pegged at 5 years.
Himanshu Sekhar Pati
“ Modi follows Indira on one count”
WIC’s Newsline (Politics) dt July 5,2017, is thought provoking. Bureaucracy is perpetually and habitually committed , irrespective of ruling ruling dispensation. To be compliant to political masters has been a felt necessity of babucracy, though for different reasons.
For instance, under Indira Gandhi’s autocratic regime , fears of transfers to inconsequential postings ,undue harassment, blackmailing , slapping cooked-up charges etc were common. This had immobilized the then “ Yes, Prime Minister “ bureaucracy. This dynastic tradition was scrupulously followed by the Congress-led UPA. The then de jure PM was spineless and speechless. UPA ministers reported direct to the de facto PM ( Read as Congress supremo ). Top bureaucracy brazenly fell in line as the questions of their post-retirement bonanzas, were involved.
Now, consider NDA. it is PM Modi’s towering personality that ensures committed bureaucracy. Some Ministers are redundant, retained only to answer Parliament questions without contributing to Policy formulations. It is free-for-all in some ministries. Compulsions of coalition politics. True, merit and honesty are respected by PM Modi. But, not always. Sadly, subjective considerations do creep in, even now . Thanks to present committed bureaucracy. PM Modi’s reliance on a small coterie of elite bureaucrats, is not advisable. But, who cares ?
A K Saxena (A retd civil servant)
Astonishing - he has no work !
I am writing in connection about the Indian Statistical Service officer posted in Social Sector Ministry. Rcently one HAG level officer got his posting in one of the renowned Ministry. It is very astonishing to say that he has no work .
By a Visitor

Gopal Singh CMD, Central Coalfield Limited, will also complete his 10 year as CMD at the time of his retirement in 2021. He became CCL CMD in 2011 and he gets the second tenure also.
Rishi Kishore
Boldness is a mark of character
Boldness is a mark of character, integrity and total dedication. Expecting civil servants to be bold is asking too much when Chief Ministers have no qualms of conscience in stealing money from the government treasury or demand quid pro for saving them from violent party workers about to beat them to death or thoroughbred corrupt top bureaucrats spoiling CRs/APRs for not doing their unlawful biddings. After the Emergency, spinal cords of such officers were surgically removed and their successors have not re-grown it. Brilliant, honest officers with more than 4 years were marginalized while the networked guys rose to occupy the Chief Secy/Cab Secy post and life was full of gay abundance subsequently. The bold ones spend all their time at the IIC/IIPA or similar other research centres for policy or such issues. You don’t raise crops of honest or bold officers in 5 or 10 years. Were it so easy to find honest and bold officers, posts in the central government would not have remained vacant or officers would not have shown such discouraging disinclination for central deputation.
M L Gupta

If Augean stable is cleaned up, everything will fall in place and people will have faith in democracy. But after booking highups there should be time bound trials in the courts so that Justice is not only done, but seen to be done.
S C Agrawal (DGP) MP Retd
Outstanding officer
Good that Anil Swarup (IAS UP 1981), Secretary School Education, has been given additional charge of Skill Development department. As Secretary Coal, Swarup did a great job. In all his earlier assignments, he has done outstandingly well. Intelligent, well intentioned, industrious and a go getter, Swarup (ranked fourth in the Civil Services Exam) is exceptionally meticulous and has great drive. The Skill Development department is bound to look up. In fact, government should seriously consider giving him full time charge of this flagship department. The story of this Department will be transformed.
Vijay Kumar

I am a senior bureaucrat and an IIM graduate. My brother is a small cloth merchant with turnover of 40 lakhs and profit of 30,000 per month. Like most cloth merchant of Bihar, he has to make purchases from Surat , Kanpur etc. He struggles to file his one Income Tax return on time. But in GST he is supposed to file 37 returns in a year. He can’t avail composition scheme since he has to do interstate trade. He cant afford a CA. Should he close down his business. This is the story of millions of small and medium size businesses. I don’t think any country in the world has put such compliance burden on small and medium size tax payer. I would request Hon FM, RS and PM to address this concern. Tax evasion can be checked on the basis of risk parameters. Transaction by transaction reporting is suicidal for business community. Hope the authorities wake up before the small and medium enterprise fold up resulting in loss of millions of job and electoral reverses for the ruling party.
Arvind
" Brazen Audacity "
A lady police officer, Shreshtha Thakur, of Bulandshahr was transferred to Bahraich for chiding a local BJP MLA.
Politics is considered more important than Polity by politicians.
Bureaucrats must never trust rogue politicians.
Why is UP Officers Association, speechless?
Existential Crisis.
" Qaida ye hai ki sarey - bazm rahein honth siley;
Huqm ye hai ki har ek baat zubaani kahiye ".
A K Saxena (A retd civil servant)
Making Uttar Pradesh crime free - Yogi Adityanath way !
Uttar Pradesh policewoman Shrestha Thakur, who stood up to BJP workers has been transferred to Bahraich district. “She has been transferred along with a few other deputy superintendents to keep the pride of party workers intact”, say BJP leaders. But what about the honour of the cops who are committed to do their duty ? Are the ruling party workers above the law ?
Rishi Bhatnagar

I have been just signing my lunch bill at India International Centre ( where I and the spouse spend our day in the library ) without check .Today I specially carried my specs to see what impact the GST has on my food bill. It was hilarious to find many members doing the same .What amused and confused us was the different rates of GST levied on different items of consumption. Nimbu Pani was taxed at 18% while nimbu soda was taxed at 28%. Is it because soft drinks and soda are within 28% bracket. Confusing ? Is it not ? As for my bill I found 9% under CGST and another 9% for SGST. Is it for establishments to divide the tax between Centre and States ? Then like many unreasonable institutions, IIC levies 10% service charge even though Consumer Ministry has termed the mandatory nature of it wrong. The waiters here expect the tip too even though you pay the service charge. What upset many of us today was levy of GST at 18% on the service charge. I think they are wrong to do so. Teething troubles ? Not withstanding that we welcomed what a friend termed as ushering in a United States of India.
Aarti Khosla

PM Modi's tour to the US has been hugely successful. President Trump regards both countries as “true friends “. Several deals have been inked. First, one-on-one meeting. More security, energy and economics- related benefits will follow,as we go along. An Israel daily has lauded Modi as the most powerful Prime Minister of the world.
India’s image in the comity of nations, has never been so high. All by virtue of Modi’s charismatic persona and uncanny capacity to build personal rapport with world leaders.
China and Pakistan have started showing signs of jealousy, fidgetiness,jitteriness, anger, helplessness. This could trigger monstrous reactions from the desperate countries ready to press the panic button. Syed Salahuddin is the latest to join the UN / US sanctions lists of global terrorists like Dawood Ibrahim, Anis Ibrahim, Chhota Shakee, Hafiz Muhammad Saeed, Aziz Moosa and Shafi Armar et al.
Now is the time to test the Indo-US camaraderie in their joint fight against Pakistan - sponsored terrorism and China’s expansionism in their war of attrition against India.
The country is sick of daily killings and stone-pelting in Kashmir. The political Opposition is expected to behave responsibly, refrain from politicking in the larger interests of the country.
China's audacity in blocking Kailash-Mansarovar yatra, instead, making regular incursions into Sikkim and AP, Non-stop air-space violations, issuing verbal threats, are grave provocations violating India's sovereignty and territorial integrity. Amarnath yatra, has already started under shadow of terror.
Indians looks forward to PM Modi for initiating concrete steps after taking into confidence the Armed Forces chiefs, HM, NSA,MEA ,MOD et al.
Following suggestions are also for considerations of GOI :--
(a)Enhance India's military presence at LC,LOC IB. Our Armed Forces will take care of the rest. Launching surgical strikes regularly, not once or twice , but many times over. We trust them.
(b)Accord diplomatic recognition to Nationalist China,open an office and post a regular diplomat at Taipeh. No more dual-charge consular arrangement.
(c) Indians must stop buying sub-standard Chinese products. GoI must stop procuring Chinese products at throw-away prices, by invoking anti- dumping laws.
(d) Expedite operationalisation of India-Afghan Air corridor as antidote to CPEC/OBOR.
(e) Keep Indian Ocean under constant surveillance.
(f) What has happened to India's support for freedom movements in Baluchistan, Sindh,POK and Gilgit-Baltistan ?
(g) Gwadar port in Baluchistan is being developed by Chinese engineers and labour. Unemployment among the locals leads to frequent clashes between Baluchi and the Chinese labour on the lines of Gilgit-Baltistan. Similar skirmishes will take place between the poor local Baluchis and Chinese labour, in case of CPEC, passing through several countries.
A K Saxena (A retd civil servant)

There is an urgent need of defining the farmer. Is s/he an unskilled labourer? Is s/he a semi-skilled, skilled or highly skilled labourer? Is s/he a qualified trained professional who knows the job requirements for a farmer, like preparing the farm, deciding the crop, obtaining seeds, arrange fertilizers of the needed kind and quantity, sowing, weeding, watering, tending the crop, harvesting, packing, taking the produce to the market, sell it and do accounts to see if it was profit or loss. If profitable, nothing to worry. But loss makes it necessary to examine the return on investment. At the moment, the perception seems to be that s/he does not get even the wages of an unskilled worker. That is sad, if true. Actually, the farmer is an entrepreneur. S/he makes the necessary investment, takes the risk and wants profit. So far, s/he has not been considered an entrepreneur. Moreover, this breed of the entrepreneur sets up business in the backward areas (no roads, schools, hospitals, banks, police station or drinking water supply) and should qualify for all the concessions available to industrial entrepreneurs like loans at low rate of interest, transport subsidy etc. The farmer is the biggest employer in the country on a sustained regular basis. S/he has suffered financially due to unproductive schemes like the MGNREGS as the cost of farm labour has risen to the prescribed minimum but the farmer is not entitled to any remuneration at that rate. His income works out to be less than that of a MGNREGS labourer.
M L Gupta
Good Governance, Statistics & Statistics Day
The Hon’ble President of India, Pranab Mukherjee, graced the function of the celebration of the Statistics Day, 2017 at Indian Statistical Institute, Kolkata giving the impression that the Government of India is attaching due importance to Statistics, a basic tool for Good Governance. But a deeper analysis of the events show that this is just opposite.
During the Celebration, the Chairman, National Statistical Commission, the Apex Body on Statistics, was not given a place on the Dias and in violation of the protocol, the Secretary, National Statistical Commission was accommodated at the Dias simply because as Ex-officio Secretary, MOS&PI, he wields administrative power. It was sad to see that none of the dignitaries objected to this open insult to the Statistical System.
It was not surprising for the insiders. The Ministry of Statistics and Programme Implementation, under the present Secretary, has relegated the NSC in the background and shifted the Commission from the Sardar Patel Bhawan, New Delhi to an inconvenient place.
He has also shifted all important statistical offices, except one, from the Sardar Patel Bhawan to the inconvenience to the system.
A. K. Verma, ISS (Retd.)
Ex-Secretary, ISSA (EC)

Regarding Presidential election in July, everyday, we are reading in the newspapers that A Dalit V/s A Dalit. Can't we mention it with that An experienced educated person V/s An experienced politician. Would our society ever forget the Dalit word. It is stigma on the person of repute who is well versed and sitting in high place and enjoying all sorts of comforts for themselves and by mentioning them as Dalit is a vote catching manner. Our media rather should mention or write about their capabilities, experience and their past working and in future what would be beneficial for India as President & head of the Country. Hope our media and political parties will avoid using the word a Dalit.
Ram Kumar Garg
Pay parity - Motivated fashion ?
Indeed this has become motivated fashion these days. These officers want the security of govt service and salary of private sector. Let them opt to be daily wagers like private sector first where they can be terminated without notice. Then let them demand parity. It should then be extended to all PSU and govt jobs. Wat is so special about banks !
S Chatterjee

The best and exclusive coverage as usual on movement of PSU top brass in the website besides other news is credible and updated.
Rajeev Singh
BJP is right
BJP has rightly said that it was not in support of separate Gorkhaland state. What good governance they provided in the divided states? Only loot/scam taking place.
Every politician wants to become Chief minister and so they want to divide the country. Why the princely states were joined? What good governance these people will provide? See corruption index of India. Who will pay for the additional expenditure ?
RD