Whispers Forum

In no circumstances, extension should be given to any incumbent in any post because there are always available suitable persons to man the job and the Government should not fall in the trap devised by the incumbent for continuation in the job.
Rajesh Gohel
CBSE needs another building?
On January 3, PM inaugurated the new building of CBSE at Dwarka, New Delhi. The question is whether it needed another building, when it owns three buildings in Delhi and it is opening more Regional Offices outside Delhi? CBSE is a registered society and does not get any grant from the government. It earns through the fees charged from students for appearing in examinations, Affiliation Fee from schools etc. It is understood that it has a surplus fund to the tune of 4-5 thousand crores. Apparently, they are charging higher fees than required from students etc., taking advantage of being a Central Board. It is therefore suggested that Government should set up an independent committee consisting of eminent persons from public to look into the functioning of CBSE particularly its acquisition of property, opening of so many regional offices and its fees structure.
S Gopal

The appellant sought the cut-off for Environmental Sciences in the context of certain selection. The PIO denied the information claiming that it is spread over many files and not specific too. Providing such information will require huge effort in creation/compliance and therefore, it is not possible to provide the information. Before the CIC, the PIO submitted that NTA is a relatively new body and the delay in replying to the RTI Application is also attributable to the time taken in setting up the RTI mechanism. The CIC observed that the PIO has tendered a baffling submission about the RTI machinery being still under process in NTA even in the year 2023. The NTA formed in the year 2017 cannot as a public authority under the RTI Act claim that it entailed over 5 years for the implementation of the RTI Act in NTA. The CIC directed that a copy of this order be marked to the Director General, NTA to take note of the adverse observations in this regard. The Director General, NTA was directed to take necessary corrective action to ensure that the PIOs and FAAs are instructed strictly to adhere to time stipulations prescribed under the RTI Act and at no point in time will the post of PIO or FAA be left vacant. The PIO was directed to revisit and provide a proper reply to the RTI Application incorporating the available cut-of marks or categorically state the unavailability thereof free of cost. The PIO was strictly warned to ensure in future that any document that is placed on the record of the CIC should be accompanied with a proper covering letter as the CIC cannot be expected to decipher the relevancy of the documents sought to be relied upon by the PIO without any reference or explanation.
Comments
If a public authority has pending RTI Applications and First Appeal(s) without a mechanism to deal with them, it would be a mockery of the statutory right to information enshrined upon the citizens. All pubic authorities must take steps as required under the RTI Act to ensure such strictures are not passed against it.
Citation: Avik Paul v. National Testing Agency, Second Appeal No. CIC/NTAGN/A/2023/625942; Date of Decision: 04.11.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com

The appellant sought information regarding the date on which a particular postal order was allegedly encashed by the Jhansi Development Authority (JDA). The PIO replied that the sought information is not available. Before the CIC, the PIO submitted that it is not possible to provide the information sought by the applicant due to non-availability in their office. Since the appellant had addressed the postal order in question to JDA, the postal order in question must have been cashed by them through a post office, therefore, the information sought can be obtained from JDA Office only. Further, the records are kept till 18 months only and the said IPO pertains to year 2018, and hence the information was not preserved till that time. The CIC observed that the reply provided by the PIO does not contain any reference to the record retention policy or the preservation period of the records. Therefore, the CIC directed the PIO to furnish a revised reply mentioning their record retention policy for weeding out the records.
Comments
Had the PIO given the details of the record retention policy, the whole sequence of first and second appeal could have been avoided. Hence, all PIO’s must ensure a proper reply at the initial stage to avoid unnecessary proceedings.
Citation:Smt. Saira Bano v. Department of Posts, Second Appeal No. CIC/POSTS/A/2023/623911; Date of Decision: 06.11.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com