Whispers Forum

Kudos to Apex court’s interim order on CBI muddle. Let country wait for final verdict . But, the buck cannot stop here, irrespective of whether the two accused get clean chits or not.
The damage done to public morale due to internal war within CBI, is irrevocable, irreversible . It would be premature and inappropriate to comment on the culpabilities of the alleged offenders ,the matter being sub-judice and under court-monitored investigations.
But, it needs to be clearly understood that since both the accused are identified , brazenly supported by different political parties, they stand compromised. Hence, rendered automatically ineligible for re-instatement in CBI. Further still , in order to be just and fair, it would be unethical to give them sensitive assignments in CBI,IB,RAW even after getting clean chits.
The pathetic case of CBI conundrum, is out of the ordinary . Nationwide ramifications impacting peoples’ morale, across the board.
Rahul Gandh’s hypocrisy
Let us probe the dirty role of Congress party. The public was amazed to see the dynast, brazenly leading his protesters for laying the siege around CBI Hq in Delhi. Same drama was enacted by the hired goons outside the CBI regional offices, in States’ capitals across the country. A pre-meditated plan by throwing open the Congis’ dirty-tricks department to create mayhem and paralyse offices. Rahul Gandhi in his youthful , dynastic arrogance led the gherao march to CBI Hq, staging the tamasha of court arrest for sadistic pleasures. Extreme immaturity of a wayward dynast.
Public services offices’s failed to deliver
Officers and staff of Central, States’ governments, their public sector undertakings ,the PSBs, local bodies wasted precious office hours watching the ugly spectacle on TV sets and internets.
After existing vertical split of CBI into two lobbies, position has gone from bad to worse.
Public services offices came to a standstill.
Officers in ministries are gradually losing fear of CBI. A bad signal.
Misplaced confidence in private sector
Executives in private sector and corporate business houses felt more cocky, vainglorious and confident in manipulating government decisions in their favour.
CBI became a punching bag
Officers and Staff of CBI were the worst affected. Utterly de-motivated ,not due to guilt pangs,but due to loss of institutional credibility of CBI.
NSA’s off-the-cuff remark
Worse was yet to follow. National Security Advisor to PM added fuel to fire by adding his political pearls of wisdom : "Weak coalition is bad for country ". Was it a panic reaction ?He behaved more like a Political Advisor to PM than his Advisor on matters of National Security. Strange for a bureaucrat to cross the Lakshman Rekha of Statutary Conduct Rules. Most ill-timed and loaded political statement from a responsible officer at a public platform..
Delhi Police’s faux pas
Detaining four IB’s sleuths caught outside Verma’s home led to their manhandling by Delhi police personnel. Their identifications cards failed to convince the Delhi police.This further reinforced suspicions of distrust between two vertically divided sub-groups within CBI, owing respective loyalties to former Director and Special Director in CBI. Alok Verma was former CP ,Delhi with no exposure to CBI functioning. Asthana had been on deputation to CBI for decades.
CBI, more abused than used
As skeletons keep tumbling out of the cupboards, institutional faith in CBI built over several decades cannot be restored easily .The so-called premier investigative agency has been besieged with several issues starting from (i) political pressures on IOs, (ii) acute shortage of staff and officers,(iii) animosity among the promotee officers, IPS regulars coming on deputation from different States’ cadres and CBI’s home-grown cadres.
Worse, CBI’s home-grown cadre (insiders ) has been getting a raw deal for decades in promotion matters vis-a-vis the deputationists. Squabbling between the Prosecution and Investigative wings,is common. Each wing is more eager in achieving one-up-manship over each other rather than in case solving.
CBI Re-structuring is overdue
All above shortcomings have been detrimental to CBI’s professional efficiency. After vertical split of CBI into two lobbies, position has gone from bad to worse. Time to re-structure the CBI.
Some Questions
• Alleged leakage of information is considered CBI’s enemy No-1
• Is Indian Police Service a divided house. Two vertically divided groups.
• A move is reportedly gaining ground to put an IAS officer as head of organization.
• Clearly demarcated duties and functions. No dual command structure . Plugging all loopholes which were allegedly being misused by the IOs and top officers for leaking critical information to the media and the accused. All officers and staff under IB’s scanner.
Regrettably ,DOP&T, headed by successive Prime Ministers have never bothered to attend to these concerns.
Some corrective steps must be taken immediately to arrest further deterioration of a competent, professional premier investigation agency.
A K Saxena (A former civil servant)

According to income tax department data for the first half of financial year 2018-19, while the direct tax collection was 4.9 crore, refunds amounted to as high as Rs 1.1 crore or 22% of the collection. While collections registered a 15% rise, refunds were 31% higher than in the previous year. This shows the futile work that the department is doing in needlessly resorting to indiscriminate tax deduction at source and making citizens file returns just to get back the money forcibly taken from them. There is also the gross injustice to the citizens in that while the department extracts interest @ 1% for every day of delay in tax and advance tax payment from the tax payers, the department does not pay any interest for the first three months of delay on the refund payment. Such unfair extortion is made possible by the arbitrary and citizen-unfriendly law amendments like reducing the threshold limit for TDS on interest income further and further to just Rs 5000 now, abolition of the provision for excluding casual and non-recurring income or even Rs 5000 which was there in the statue earlier. All these steps are not against the big fish but against the small income earners. If the government wants to prove its bona fides to the citizens, they should immediately amend such draconian provisions which are only counter productive and waste of time for the tax payers as well as for the department officials who are only happy because they get paid in wasting their time for such futile work and can also harass the citizens with impunity. Even computerisation has not served to reduce this needless burden on the citizens but has only increased their work in having to file returns unnecessarily for getting back their refunds, while the income tax department is making empty claims about the number of return-filers having increased.
M S Krishnan

It is gratifying to see that the government at last has acted against renegades, who were conspiring against a democratically elected government. The government now needs to crack down on other officers also in senior and sensitive positions, who are leaking information to the opposition, which is clear from various actions of opposition. Nothing short of a purge is required, and action has to be ruthless. There are enough honest, sincere and effective officers available, only they have to be located through internal enquiry,. It is often that if a wrong person is asked, a wrong person is recommended, and we find that indeed this is happening. The bunch of officers who wrote open letter to the PM on selective issues, are also believed to be very much part of those who ensure that wrong people are recommended. Their hope is that if congress returns, they will again be rewarded. Today they are feeling like fish out of water, as they are not getting any patronage.
S Chatterjee

The appellant sought information on three points pertaining to his bank account no. including copies of withdrawal/deposit vouchers/slips of certain transactions. The appellant filed a second appeal before the CIC on the grounds that certified copies of the vouchers related to the transactions have not been provided by the CPIO, Indian Overseas Bank, and that the FAA did not respond to his appeal. The appellant requested the CIC to direct the CPIO to provide complete information as sought by him. The Bank submitted that point wise information was furnished to the appellant vide letter dated 25.04.2017. Further, the FAA vide his letter dated 05.06.2017 had provided copies of the vouchers as sought by the appellant vide his RTI application. The Bank, however, admitted that the copies were not certified and perhaps only copies of the front side of the vouchers had been provided to the appellant. The CIC directed the respondent to provide certified copies of the vouchers/slips (both sides - front and back) of transactions mentioned in the RTI application to the appellant within a period of four weeks.
Comments
The certified copies of documents provided under the RTI Act have evidentiary value in a court of law.
Citation:Meghnath Prasad v. CPIO, Indian Overseas Bank in Second Appeal No. CIC/IOVBK/A/2017/147091 Dated: 25.10.2018
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 at http://www.rtifoundationofindia.com/

Apropos Whispersinthecorridor’s query on Oct 17,2018 : Will there be an emergency in the country before Lok Sabha polls ?
India needs emergency in the interest of peace and stability.
PM Modi seems mostly focussed on foreign affairs alone. Domestic politics is not in his hands
Administration is left in the hands of bureaucracy and economy under the care of arm-chair Finance minister, a good orator but with zero administrative experience.
Polarisation of politics,Sabrimala face-off and growing violence, Women’s right to pray threatened, Ram temple conundrum, States like West Bengal, Karnataka, Kerala - behaving like independent nations within a Republic.
Incessant incursions by China's PLA, Infiltration by Pak's terrorists in J&K on daily basis, the secret club of separatists' and seditionists going strong.
Rahul Gandhi and his chaatukaars have unleashed their dirty tricks department, hell-bent on creating chaos in the country having covert links with proponents of Khalistan, China and Pakistan. Slow or no action by CBI on UPA scamsters.Worsening law &order situation in States which may escalate as we move closer to general elections. More violence is anticipated in the coming days.
Growing insurgency,Congress leaders inciting Police and the Armed forces against the discharge of their duties and normal functioning,
Why not impose national emergency to restore peace and stability in the country?One wonders whether the ruling political dispensation would agree to it, having experienced the rigours of their pre-dawn arrests on June 25,1975 and tortures in jails.
The political correctness or otherwise of the above suggestion should be analysed keeping in view the national security, internal disturbance, insurgency and an undeclared war-like situation on borders.
No restrictions on freedom of Press. But, steps like immediate arrests for indulging in anti-national activities must be enforced.
A K Saxena ( A former civil servant)

In the years 1960s and 1970s,Amritsar citizens had the comfort and luxury of largely availing the hassle-free and affordable local bus service, managed by the Punjab roadways.After the coming into existence of the Municipal Corporation on 29th March,1977,the control of the local bus service, was gradually handed over to it.By the dawn of the early 1980s,the public started feeling the deterioration in the management and consequently service of local bus system.The hue and cry grew exponentially and by the end of the decade ,the service stopped existing.The government through the Municipal Corporation ,once again,made serious effort to start city bus service in the year 2014.A Bangalore company was entrusted the responsibility of operating this service.However,this great facilitation of the locally travelling public,had been officially stopped more than three years back.The buses have not been put to any alternative use or disposed of so far.Before the city bus service was started in the year 2014,Amritsar Bus Rapid Transit system project,on the analogy of Ahmadabad and Istanbul system had been launched on 19 Sept,2013,with the target of completion by Dec,2015.Though most of the project has been completed ,some crucial areas are still to be completed .However the half cooked soup was served to the public near the end of the year 2016,to garner votes in the then ensuing Assembly elections in Feb,2017.The buses are hardly visible on any route in the city.The minister from the city Mr NS Sidhu,is making serious efforts ,for the completion of the project.After the earlier deadlines failed,he has now targeted to complete the project by Dec,2018 .
BRTS is akin to metro rail service,but the corridors made for its operation, are not without barriers..At many places as chowks and essential crossings,the smooth running of bus operations are impeded .The crossing of roads to reach the middle is most dangerous for the weak and the children.The stoppages are not convenient.The other available transport systems are more convenient and cheaply available.The Amritsar citizens have gone through colossal discomfort ,while the project was being completed.The greenery and oxygen has been substantially depleted.And the buses are still not visible on the routes and public is neither enthusiastic about the system ,nor is it hopeful of its success.Mr Sidhu has offered free bus service to the students and for 3 months free service to other persons.People are still sceptical of the success of the project.600 crore rupees have been spent on the project so far..Most of the residents say that the minister was not seeing the reality.They are of the firm view that project should be shunned at the earliest and the roads should be widened.In my opinion, looking at the fate of the past local bus service,the habits of the people and difficult accessibility of the service,the project ,does not have a rosy future.It has to be shunned.Sooner, the better.In certain portions ,trees can be planted,in some jogging ares can be developed.The other corridors should be merged with the roads enhancing their width.Thus,the wealth of the trees will restored.Furthermore,the minister,while he was MP,had given rupees 50 lakh from his own pocket to the district administration to plant trees.It is good for Amritsar that the Sidhu couple has a very high level of credibility and probity.After the legendary couple of Sh Satya paul Dang and smt Vimla Dang of the city ,Sidhu couple has been able to feel the pulse of the masses and have been delivering to them.
In the month of Sept ,2013,Mr Sidhu had threatened to sit on fast unto death,as the govt was allegedly scuttling his pet projects.He wanted setting up of solid waste management project,construction of flyovers,expansion of Bhandari bridge ,construction of multipurpose sports complex in Ranjit Avenue,and installation of cctv cameras for safer environment,He was also unhappy over the transfer of funds from the coffers of Improvement Trust Amritsar to local bodies outside Amritsar.The fast was not undertaken after the written assurance of the govt.But the projects were ignored.His flyovers and expansion of Bhandari bridge dreams have been rolled over the ground.No headway has been made in the case of the most crucial solid waste management project so far,even after the passage of a year and a half.Is he waiting for the similar threat, which he made in 2013,from some other braveheart?Mrs Sidhu had actually sit on fast in Aug 2015.Should she remind him?Seven years have passed since the foundation stone was laid in Nov 2011 for construction of sports complex.It has been heard that fraud has been played with the Improvement Trust,which has paid the entire acquisition compensation and still,the hassle-free possession was eluding it.If and when the sports complex is to be constructed,Amritsar sportmen like Harcharan singh,Bishan Singh Bedi,,kiran Bedi,and Asian and commonwealth medallists must be consulted.
Amritsar was traditionally a green city.Entire walled city was flanked by the beautiful gardens all around it.The galliara yojna and BRTS project has taken the toll of greenery.But the holy city has still great potential.The UBDC from Verka upto Bohrhu Bridge and even beyond has vast land on its banks,The entire area should be developed as greenbelt and jogging parks,It will give back the lungs to the city.Amritsar has many spectacles to see for the tourists ,but its residents also deserve better treatment.Some portion of the historic Company Bagh is like a garbage dump.Entire garden should be beautified.Recently Jaurha fatak ,has come into news.just nearby are located the 40 wells,from where water was supplied to the city more than 80 years back.Beautiful Chaali khuh Bagh here, can cater to the aesthetic needs of more than 3 lakh people.Its regular maintenance can give added advantage to the city as it is located between the Amritsar- Pathankot and Amritsar- Jalandhar Railway lines and travellers can have beautiful view.
Surinderjit singh sandhu IAS rtd,house number 33,Eblock Ranjit Avenue, Amritsar

Hopefully "The Government" must have realized by now the old saying " policewale ki na dosti achhi na dushamani achhi" .
A Visitor
Murky goings on in CBI – shocking
The murky goings on in CBI with two senior most officers fighting and levelling corruption charges against each other are too shocking to comment upon. Is this the way this premier investigating agency conducts itself. Its credibility has been totally eroded. One reason for this is obviously not posting the right kind of people there. While earlier interventions by the Supreme Court did lay a procedure for selection of Director of CBI by a committee comprising of PM, leader of the opposition and the Chief Justice of India, the other officers are handpicked by the Government and one wonders why no 360 rule is made applicable there while even for empanelment at Joint Secretary level and posting in that level and above this most non-transparent method is followed. The whole episode relating to CBI exposes that the organisation is infested with factionalism, self-aggrandizement and corruption. The house can be set in order only if honest, independent-minded and fearless officers are given charge of the organisation. That is possible only if the agency is not used for political ends by any Government of the day.
Aarti Khosla

It is unfortunate that the government is continuing play its cat-and-mouse game with the GST-payers. The latest instance is the way the last date for filing GST returns due on last Saturday was extended only on Sunday after the expiry of the last date, keeping them on tenterhooks leaving them guessing whether the extension will come or not, and in view of the uncertainty whether to file an incomplete return on the last date Saturday or take the risk of not filing it. Such thirteenth hour extensions of last date are happening in India's tax administration every time. Why can't the government decide and notify these extensions days in advance of the last date, as they have all the unquestioned powers under law to decide on such extensions, which is what any sensible and enlightened tax administration is expected to do.
M S Krishnan

PM Modi's enigmatic silence on the on-going infighting between Alok Varma and Rakesh Asthana, director and special director (No 1 and ,2 respectively) in CBI, is highly disturbing.
Why did the PMO, Cabinet Sectt and DOP&T allow the crisis to escalate to unprecedented level, resulting in avoidable embarrassment to Indian tax payers. PM has been let down by his close aids.
The present NSA being from the IPS, must refrain from intervention. He is Advisor to PM in matters of national security.
The NSA to PM Manmohan Singh was infamous for excessive interference in ordering transfers/posting of IFS officers in MEA. History should not be allowed to repeat itself by the ruling dispensation.
CBI's credibility is at stake. How could the country trust the 'Cage'(CBI), if not, the two 'caged parrots', one wonders ?
PM Modi, as country's CEO, is urged to take the call and arrest India's premier anti-graft agency's intra-competitiveness, going from bad to worse.
Sending the case to CVC, is merely a delaying tactic to coincide with Alok Varma's impending retirement in July 2019.
Lokpal would have been the most appropriate authority to handle such sensitive matters. But,it does not exist due to political slugfest.
Rakesh Asthana,No 2, stands booked by CBI.FIR on CBI's website. No scapegoating out of vendetta. Ends of justice must be met. Allegations of receiving bribe by Asthana, involving moral turpitude, are very serious.
It bodes ill for the country that stands committed to eradication of corruption. Supreme court is expected to step in to prevent politicisation of CBI.
A K Saxena ( A former civil servant)

Today among the top states of nation political scenario of Shivraj Singh is considered to be strongest & safest as CM is a well known, Humble & national Political leader. Past politicians of the country have believed & taken the route of Uttar Pradesh for dictating from Delhi, which will be shifted if BJP shines over here. If BJP loses MP state, same scenario can be seen in UP & centre. Now the strategist has to finalize FIRST who should be canvassing often in Madhya Pradesh & the people’s expectations as whom they consider their hero & second above seventy percent of leaders in authority to be made responsible for winning for themselves or with the new name.
Vivek Dhawan

The appellant sought the certified copy of letter no. 1/14/2012-ORR Government of India, Ministry of Home Affairs, whether the circular issued by Dr. Rajendra Prasad, First Hon’ble President of India on 10.08.1950 is available with their office. The appellant was asked to deposit Rs. 360 for 180 pages of the entire file concerning the information sought but the appellant did not respond and approached the CIC with a second appeal. It was informed to the CIC that file concerning the letter belonged to Ministry of Law and Justice and it is currently with a few researchers. It was also submitted that the files under the possession of National Archives of India are being digitized according to priority basis and the file concerning RTI queries raised by the appellant in this matter shall also be digitized.
The CIC observed that the letter as stated by both parties contains subject-matter of constitutional benefits to Scheduled Castes and categories concerning crucial issues of reservation in education and employment, which as a matter of fact and law should have been disclosed voluntarily on their website under Section 4(1)(b) of RTI Act. The Public Authority should have scanned and uploaded such files on their official website in compliance of section of 4 (1) (b) of RTI Act or even after receiving the RTI application or given the complete document in CD collecting the cost. This information should have been made available by other concerned ministries also. The CIC directed the PIO to provide soft copy of the entire document sought in a CD in fifteen days free of cost and upload the digitized form of the documents on their website as soon as possible.
Comments
The Public Authority is required to upload certain information on their official website in compliance of section of 4 (1) (b) of RTI Act.
Citation: Renu Jain v. Department of Education Dr. Mallikarjun K S - DDE Mr. V.K. Kajal -PIO in F. No. CIC/DIRED/A/2017/188568, Date of Decision: 23.07.2018
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 at http://www.rtifoundationofindia.com/