Whispers Forum

The applicant sought to know about the monthly salary paid to her husband. The PIO claimed that DRDO is an exempt organisation u/s 24(1) of the RTI Act and hence no information could be given. The CIC observed that the DRDO has been placed in the Second Schedule of the RTI Act vide notification No. GSR 347 dated 28/09/2005 by the Central Government in exercise of the power conferred by Sub-Section 2 of Section 24 of the RTI Act. In view of this, except for cases where human rights violation and/or corruption are alleged, nothing contained in RTI Act shall apply to the DRDO. As no case of human rights violation or corruption was made out by the Appellant, the CIC upheld the submissions of the PIO.
Comments
Section 4 (1)(b) (x) calls upon the Public Authorities to disclose the monthly remuneration received by each of its officers and employees. However, Sec 24 (1) says that nothing contained in the RTI Act shall apply to the intelligence and security organisations specified in the Second Schedule. Hence, even the information which is required to be pro-actively disclosed under the RTI Act cannot be sought in respect of organisations listed in the second schedule.
Citation: Sarika v. DRDO, RTI Cell, Defence Material & Stores Research and Development Establishment in File no.: CIC/DRADO/A/2019/104760, Date of Decision: 28/01/2021
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

What happened on 26th Jan on Republic day, which one always looks forward to for the magnificent parade by our armed forces showcasing many new additions to the fighting power of our army,navy and airforce ,has made us very very sad and angry.It appeared to be a planned sabotage by some goons who were acting on their own or on the orders of those wanting Kassan Andolan for repeal of Farm Laws to be derailed and defamed.They have succeeded in doing so.I wonder who are real criminals.?Those who planned all this storming of the Red Fort and hoisting a communal flag or the police sitting comfortably on the chairs there watching this sacriligious show and not doing anything to prevent it.They need to be booked.Kissans and their leaders had been setting an exenplary behaviour all these two months and they have denied any role in all that voilence and Red Fort incidents.Will some impartial enquiry be held to trace the people behind that carnage?It should be but perhaps it is asking too much of those who could be part of this planned events to finish the peaceful agitation of our kissans.How i wish they had not thought of holding tractor rally on this day.
Aarti Khosla
Fiasco due to farmer's rally
I beg to disagree with the views expressed by AK Saxena on fiasco due to farmer's rally. Farmers were very peaceful in their action. My question is how 3000 police personnel could not stop 100 odd people entering into Red Fort. A wrong notion was created that national flag was replaced with sgpc flag, sgpc flag was shown much below national flag. Why police couldn't stop them re-route red for. Former delhi police commissioner Shri AK Kanta has rightly said "why permission was given by Delhi Police under Central Government to such a big mob with tractors. The dispensation has miserably failed in handling this sensitive issue which concerns 68% of Indian population. Right time GOI which has failed on all fronts
Harish Kumar

Fully agree with V M Prabhakaran's comment on poor working and crumbling edifice of CBIC. Entire Board is functioning on ad-hoc basis. Promotee ACs of 2014 with rich experience are demoralised as they are not being given their due promotion, which is due since 22nd October 2018, even after completing more than 6 years of service, 2 years more than required, where as their direct counterparts have been promoted till 2016, just after rendering 4 years of service which includes 2 years of training period as well. In a recent letter to Chairman CBIC the President of Direct IRS Officers Association, Shri Naresh Penumaka, Pr. Chief Commissioner (Special Secretary rank and pay officer), has stated that "Ram Rajya" has come in Board, because promotion orders of direct officers are being issued on time. In the same breath he states that recently newly promoted ACs (from Gr. B Cadre) will be helpful in lightening the "unimaginable load " of work from direct ACs, as if Department is providing new beast of burdens, who will never be promoted further and are meant to carry load as AC till they retire ? What a rotten mentality it reflects ? The Direct Officers are not able to read the writing on the wall. Very soon IAS Officers will take over their positions at helm and their work will be handed over to SGST Officers because of their Lording attitude, lack-lustre performance and unjustified heavy top, with superfluous posts of Commissioner/Principal Commissioner and Chief Commissioner/Pr. Chief Commissioner, who do the same job and fool the Government. It is high time Govt. rationalize the need of so many Officers at Commissioner and above level, which have been created just to accommodate large number of Direct Officers, whose contribution to revenue generation is questionable and who are drain on exchequer. FM must take this into account while finalizing the Union Budget.
B Gopala Reddy

Union Budget-2021 is in final countdown and lock-in period has started. The budget is to be presented on 01.02.2021 in Parliament. Govt is losing tax revenue heavily on account of dividend on equity and MF, LTCG under Sec.112A, professional income etc. The following points are worth considering by the Finance Minister to maximize the tax revenue: 1. There is direct loss of tax revenue from the income of dividend on equity and MF as dividend is now taxable in the hand of investors and mere 1.3% of total population pay the income tax. The best way to collect the tax at source itself before the dividend is distributed to investors. Here the tax compliance is much higher and Govt. gets tax directly from the company or fund houses on dividend income before it is distributed. Dividend Distribution Tax system is right approach to collect the tax on dividends. DDT should be restored with Sec. 10(34). 2. There is leakage of tax revenue from LTCG under Sec.112A due to mere low number of tax payers. This can be best collected thru STT where each transactions of sale and purchase of equity and MF is taxed. So by increasing STT proportionately to get the increase in tax revenue equal to estimated tax from LTCG under Sec.112A. Also at present there is a problem in filing the tax returns by tax payers and verification of statements by tax authorities specially Schedule CG table 112A. It is complex process both ways. Simple way to maximize tax revenue on this account, simply increase STT proportionally and restore Sec.10(38) where the tax compliance will be more than 90% as STT is collected by stock exchanges and paid in Govt. accounts. 3. In professional income there is a leakage of tax revenue due to large cash transactions as 60-70% of agreed amount is paid in cash and rest in electronic form. So cash transactions to be restricted to some threshold value say Rs. 20,000/ above that all transactions in digital form. Excess flow of cash to be checked by withdrawing high denomination notes 4. Giving 50% deduction in professional income up to 50 lakhs to be reviewed to bring at par with salaried class. Govt. may like to consider above points to minimize the leakage and maximise the tax revenue.
Naveen
Cong should ponder over turmoil in Indian politics
Enough turmoil in Indian politics as of now. How should this be harnessed by the Congress party or, even more importantly, for the Congress party; this is the question that Congressmen and Congresswomen must all ponder today.
Namit Verma

The Delhiites, it seemed, were re-living the horrors of 1984 riots.
The agitators got the chance to release their pent-up anger of 60 days dharna. Swords, tear gas shells ,stone-pelting , lathicharge, violence galore in the name of tractor rallies on the Republic Day.
Even assuming , the legitimate farmers had shunned violence; who could control the Pak-sponsored Khalistani goons, who stealthily intruded into the confusion to mingle with the agitators. Situation was grim, uncontrollable.
Police exercised maximum restraint. But, for, how long? But, it seemed clueless, directionless.
All this vandalism, could have been avoided , had the PM taken the initiative for a dialogue with agitators at the beginning itself. Why has the ruling political dispensation been so adamant ? Royal obstinacy never pays.
The alleged role of corporate funding of political parties for financing the forthcoming assemblies' elections, must be probed.
The collusion of agitators with the dirty tricks department of the Congress and the so-called urban naxals, cannot be ruled out. Where did Yogendra Yadav disappear when violence was raging ? He had promised a peaceful rally.
All must be taken into custody. Fifteen FIRs have been registered. More will follow. As many as 86 policemen of Delhi Police were injured.
Farmers' promise of peaceful rally was not kept due to the entry of uprooted lumpen elements. Running commentaries by ill-informed, biased, screaming TV anchors' added fuel to fire.
End of 60 days old dharna by agitators is not in sight in the foreseeable future. The farmers have lost public sympathy.
Sadly, the national capital was under siege for hours on the Republic Day. India was shamed.
Delhi Police remained restrained, possibly under instructions from the top allowing the situation to escalate. The hoodlums must have been handled with a heavy hand.
Giving the anti-national elements a free hand to enter and vandalize the Red fort, was wrong. Replacing the national flag by religious flag on the pole, was an act of sedition.
MHA's instructions to Delhi police for taking a strict action against the goondas, is too late in the day. It was a case of administrative failure due to lack of political will.
A K Saxena (A former civil servant)

Outcome of Kisan Rally or Parade on 26.01.2021 has proved that voter is king, kissan is Supreme in India. It shows unity in diversity too. This might give birth to the real democracy in India and pave way for emerging new democracies in the world. Kissan which is 68% of India has proved that they run India in all spheres. May be ‘agli baar kissan sarkar’. Of course, the dispensation has mis-handled this cause right from day 1 to date. India heading for turbulence in coming days, if arrogance overtakes the cause.
Harish Kumar

Information in connection with the National Iodine Deficiency Disorders Control Programme was sought. The PIO submitted that in all the RTI applications where the appellant was directed to pay the requisite photocopying charges, he has never paid the same on the pretext that he is facing some problem while paying the additional photocopying charges through online mode, despite the fact that the First Appellate Authority had properly guided the appellant in a step-wise manner as to how the charges are to be paid. This shows that the appellant is misusing the RTI Act and is not serious about obtaining the information sought. The CIC took note of the fact that in 7 other cases against the same respondent, the appellant has raised the issue regarding online payment of the photocopying charges. The CIC observed that the appellant is himself non-serious about the RTI applications filed by him. Further, the bonafides of the respondent organisation can be established from the fact that in each of the RTI applications, the PIO has never denied any information. In the interest of justice, the CIC directed the PIO to explain in writing the modes of payment other than the online RTI portal so that appellant can pay the requisite charges.
Comments
It is not mandatory for any applicant to pay the additional charges through online mode only and an appellant can opt for any other option for making the payment like IPO, DD etc., rather than waiting for the Information Commission to give any relief. Multiple RTI applications where the queries are also not specific and which are often not covered under the definition of information under Section 2(f) lead to obstruction of the flow of information with respect to other applicants and defeats the very purpose of the RTI Act.
Citation: Rajesh Nagar v. Salt Commissioner, Directorate General of Health Services and Department for Promotion of Industry & Internal Trade in Decision no.: CIC/SALTC/A/2019/139973/03502, Date of Decision: 18/05/2020
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

A great victory for Joe Biden, President of the United States of America inaugurated today noon. Congratulations Mr. President! He has got rewarded for service to the American people for almost half a century, undeterred by personal tragedy or pain. He is likely to provide the much-needed balm to the injured Americans in the traumatic time of COVID-19. His election is unlikely to change the geo-political scenario much as issues of concern to nations and humanity stay as they are presently. Post COVID-19 they might even aggravate further. Poverty, in America or elsewhere, will continue to be one of the prominent election issues before leaders for many more decades as poverty elimination makes only enchanting election rhetoric. Jobs are unlikely to grow as the pandemic has already changed commerce shrinking employment opportunities drastically. Terrorism, which has spread from New York to Paris in less than 20 years, will cause instability in many more countries. American supremacy is gone. Europe will rise to defend its existence under serious threat from terrorism. Policies pursued by China will impact America restricting its maneuverability. The world will need to opt for frugality against waste as the preferred economic policy. Climate change will have to be addressed sincerely, which will impose heavy costs on all nations. The world will have to search for new goals as one entity. Values will need to be re-defined and re-enforced. Democracy costs too much and instability of society is a negative result of it. Humanity needs much more than what the modern age has provided in the name of social, political and economic justice. It is time to restore to mankind what has been taken away from it in the Age of Science & Technology. What was appropriate for the 20th Century will not meet the demands of the 21st Century. Words like liberty, equality, fraternity, secularism, socialism and the whole plethora of rights will get recast automatically or will be forced by challenging circumstances threatening the very survival of the human species and even planet Earth. Limitations of science and technology will become too apparent. Once human functions are carried out by robots, the survival of human beings will have no meaning. The shape of things in future will be known only in due course!
M L Gupta
NGOs of politicians are source of corruption
Saheb, Minister, MP, MLA ke NGO is the source of corruption. Band kar dijye. 50 percent corruption low ho jayga.
Ashutosh Mishra

I have been a staunch supporter of the ongoing farmers' agitation. It is a historic event as it has broken the barriers of caste and religion, which have been dividing us, and united the Indian people. Thus it has overcome our disunity, which was the main obstacle to our nation's progress. However, I must also point out a mistake that the farmers have made. Their strategy of blocking roads for ingress and egress to and from Delhi. The farmers' leaders must realise that this strategy will lose the farmers public sympathy, as it causes immense difficulties for people living in Delhi and others who have to commute to and from it.
Rajesh Shrivastava Noida

The country voted in 2014 to replace the erstwhile corrupt Sonia-led UPA by the Modi-led NDA. The voting pattern was repeated in 2019 elections in the hope of getting Good governance.
Hopes were dashed after initial euphoria. A new narrative was created to deflect people’s attention from the promised dreams.An impression started gaining the ground that the ruling dispensation is trying to outsmart its predecessor in the game of competitive corruption.
The public feels that decisions are being taken by present government to help top business houses. Specific cases are in public domain. Deals, it is alleged, carry quid pro quo tags. Crony capitalism . Illegal funds are collected illegally by all political parties either for staying in power or for coming to power. The allegations are very serious and must be taken note of by PM Modi for corrective steps.
The scandals of the so-called "Lutynes media" during UPA are not forgotten. The infamous tapes of Niira Radia- Barkha Dutt- Tata keep haunting us. Open secret. Doubling as corporate lobbysts for top business houses, the media persons could pose serious threat to national security besides blackmailing the VVIPs within .
If , lessons are not learnt from history, it would repeat itself . Consider specifics.
WhatsApp chats leaks?
The alleged leaks of WhatsApp chats between the Republic TV Editor-in-chief and some VVIPs are disturbing. If allegations are proved, this may cause considerable embarrassment to the bigwigs including some cabinet ministers. The CEO is fighting back. He must. It is his right.
One wonder how some TV editors, anchors manage to get tapes of classified information documents for their TV channels. Game of one-up-manship for TRP for more revenue through advertisements. Who is helping them in procuring propaganda material?
It is noteworthy that Whispersinthecorridors.com, has avoided unethical practices. I do not recall any unsavoury controversy having erupted during the past twenty years, since inception.
Chinese incursion?
May I take the opportunity of raising the issue of China creating a village in the Union Territory of Arunachal Pradesh by constructing 101 pucca houses ? Was this case of intelligence failure, suppression of facts or both ? High resolution pictures are available in public domain. Honeytrap is common. The matter is very serious warranting consideration by the Cabinet Committee on Security. The culprits must be booked under the Official Secrets Act 1923 for espionage, sedition.
Consider UPA era. Why, no action was taken against Rahul Gandhi,when he tore off a copy of the draft cabinet note, a classified document. It was more than a mistake, a blunder by the UPA. Rahul’s arrogant and impulsive act attracted the OSA 1923.
The moot point is : Who supplied such high resolution pictures of the ‘Chinese’ village to the prominent TV channel ? Could be the Congis and Commies in cahoots with China and ISI, their paymasters. The culprits must be tried under OSA 1923.
A K Saxena (A former civil servant)

On 14/01/2021 CBIC issued an Office Order No. 7/2021 where in it has been stated that with the approval of competent authority, it has been decided to extend the ad hoc promotions made to the grades of AC, DC, JC & Commissioner for the period till 31/12/2021 or till the regularisation of the service of the officers or till their date of retirement whichever is earliest and until further orders. After that in an annexure all the Office Orders till date are mentioned which also includes the order through which 2014 batch of Promotee AC were promoted. What is stopping the Board in issuing the ad hoc order for the grade of STS/DC for promoting the 2014 batch of promotee AC, who have completed 6 years of residency period instead of 4 years in JTS when the officers upto the rank of Jt. Secretary (Commissioners) are working on ad hoc basis? This not only shows the bias of Board towards Promotee AC, but also it's incompetence, mess & sad state of affairs, as direct officers, who become Commissioners after putting in 20-22 years of Service are also working as ad hoc, thus making them ineligible for Central Deputation as regular service is required for the same. Chairman & Members remain in the Board for not more than 2 years and are just interested in getting post retirement assignment. Revenue Secretary & FM and PM must post competent, upright IAS officers as Chairman & Members of Board who can completely overhaul the functioning of the Board. Since, the post of Chairman and Member is Ex Cadre post, this can easily be done. The cartelisation of Board must be broken.
V M Prabhakaran