Whispers Forum

In a country where, unfortunately, horrendous crimes against women continue to shock the conscience of the nation repeatedly, the matter of "marital rape" is taking centre stage of discourse. This is a case of misplaced priorities. What is needed is to ensure that crimes against women are punished quickly and severely, rather than seeking to clog an already strained judicial system which is groaning under pending caseload of crores of cases by creating new needless classes of offences by blindly aping the west disregarding Indian society which will do nothing but destroy the institution of marriage by giving a handle to any spouse who is temporarily disgruntled for any reason to file criminal cases and enhance the opportunity to the unscrupulous in the police to misuse such law for corruption.
V K Reddy

The PIO submitted before the CIC that the instant RTI Application was filed without payment of the requisite fee and therefore, the same was treated as incomplete. On being asked by the CIC to provide any proof regarding the fee paid by him towards the instant RTI Application, the Complainant failed to furnish any proof for the same. The CIC observed that the Complainant has lodged the instant RTI Application without payment of the requisite fee and the same has also been informed to the Complainant by the PIO. Hence, the CIC held that the present petition is not maintainable being infructuous.
Comments
An applicant must adhere to the essentials of the RTI Act and not only pay the required application fee, but also retain the proof of payment of fee.
Citation: Bhushan Kumar v. Office of the Commissioner of Customs (Export), New Custom House, Mumbai, CIC/CCUM1/C/2023/645312; Date of Decision: 06.09.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

The Central government on the recommendation of the Supreme Court promotes and transfers judges of High Courts. There are some glaring cases where Judges are promoted for a few days and transferred to another State. In such cases, the public and the respective Court hardly gain. He/ she is left with little time to implement his vision in the respective Court. Further, the individual Judge is also disturbed especially when he/ she is left with only a few days for superannuation. Since there appears to be opaqueness in this system and burden on exchequer in paying transfer allowances as also arranging protocol for honourable judges/ chief justices of High Courts, this needs a review. In the government policy governing promotion and transfer matters, the officer is adjusted at the same office or station, as far as possible, if superannuation period is short. The views may not be construed as affront to the judiciary but are only observations of a citizen of this country.
Raj Kumar Thakur

It seems the DPC file of CIT to PCIT of 1996-97 batches of IRS(IT) has been lying in UPSC since March 2024 apparently for no reason. No one seems bothered, leaving these officers highly frustrated and demoralized. This is the state of affairs in Modi 3.0. No control over bureaucracy. Haryana win might now give PM upper hand over recalcitrant babus.
Bharat
Omar Abdullah and Relations with centre
Well because he doesn't have the option to. The dog does as the master commands and this dog is no different. If the CM actually had any power, omar abdullah would be the last person to have any decency towards the centre and would immediately bend over for his ummah
Uysav Mehra

RTI application was filed through online module seeking information about the muster roll. The respondent submitted before the CIC that the applicant is habitual to filling useless RTI applications in department "which has no relationship to any public activities or interest or which would cause unwarranted invasion of the privacy of the individual” under section 8 (1) (j) of the RTI Act. The appellant’s representative pleaded that information has been wrongly denied by the PIO ignoring the fact that Appellant’s name was included in the muster roll. Respondent stated that they receive humongous number of muster roll and each of which contains the attendance records of more than 100 of working staffs wherefrom it is difficult to severe the records of only one person i.e. Appellant. Each month there are several muster rolls charged to the account and voucher number is assigned to each. Hence, without the voucher number, the replying respondent will not be able to locate the sought for specific muster roll. The voucher number would be known to DDO i.e. AC, Shahdara South, Delhi as the disbursement has been made by his office and muster roll register is also maintained by their concerned department. The CIC held that the blanket denial of information by the PIO ignoring the fact that the Appellant has sought the muster roll and attendance records of his own along with other safai karamachari, is not appropriate as per the provisions of the RTI Act as he is entitled to know information regarding himself. The CIC directed to provide revised information to the Appellant concerning himself free of cost, after accessing the information from the actual custodian by invoking Section 5(4) of the RTI Act. The Respondent was directed to redact that part of information which is exempted from disclosure and to afford an opportunity of inspection of relevant records to the Appellant on a mutually decided date and time.
Comments
In many cases in the past, the CIC has held that copy of muster roll should be provided. Those who are aware of the origin of the Transparency movement which led to RTI Act would recall the ‘Jansunwais’ by the Mazdoor Kisan Kisan Shakti Sangathan (MKSS). The MKSS uncovered various frauds like fake muster rolls, overbilling in purchase, underpayment of wages etc. by access to the official records and public documents.
Citation: Nikki Mukesh v. Office of the Dy. Controller of Accounts, Municipal Corporation of Delhi, CIC/MCDND/A/2023/124366, +/124367; Date of Decision: 05.09.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com