Whispers Forum

Clarification regarding Para 1.4.1 of Medical Council of India, Code of Ethics wherein it was stated that "every physician shall display the registration number accorded to him by the State Medical Council/ Medical Council of India in his clinic and in all his prescriptions, certificates, money receipts given to his patients, whether the medical prescriptions were issued by doctors without registration numbers; if so, will it be considered as a legal documents in Court of Law. The PIO stated that the queries raised by the Appellant were eliciting opinion and therefore it did not constitute as "information" defined under Section 2(f) of the RTI Act. The CIC held that wanton aggressive behavior of the patients for the neglect of services by the Doctors is understandable, it is also necessary to protect the rights of the patients aggrieved by wrongful treatment and faulty prescriptions given by the Doctors. The CIC asked the Ministry of Health & Family Welfare as also Ministry of AYUSH to exercise due diligence in enforcing the Code of Professional Conduct, Etiquette and Ethics laid down by the Medical Council in such a manner that it should not endanger the life and physical safety of any person owing to violation of any of the clauses laid down in the aforesaid Regulations. If necessary, the Government may re-visit extant guidelines and re-formulate certain Rules / Regulations for its enforcement and for initiating penal action.
Comments
There is a thin line between what constitutes “information” under the RTI Act and the manner in which authorities should enforce transparency. The RTI Act is aimed at holding the authorities accountable for their actions. This is a classic case where RTI Act has been used to implement norms.
Citation: Ms. Rita Hore v. Medical Council of India in Second Appeal No.:- CIC/MEDCI/A/2018/611068-BJ; Date of Decision: 26.06.2019
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

Developments beyond human power the UK has a new Prime Minister in Rishi Sunak. It signifies only one thing: when humans fail mankind and threaten to destroy the planet, some invisible force intervenes. Till 25th October 2022 the world was fearing the start of the nuclear war. Sunak takes over at this critical historic moment in charge of the UK. Sunak’s induction by what is called providence, (laws of superior cosmic physics for rationalists) is to ensure there is no nuclear war. The UK will show better understanding and Moscow will have to respond positively and the nuclear war will not occur. Why else of all UK citizens only Rishi Sunak should be called again to take over the responsibility of His Majesty’s government? The UK as also Europe, indeed NATO, has to learn to respect what Sunak brings in. Russia will respond positively, as it also has no other option. So will Ukraine. Failure will end in annihilation, change of world map, obliteration of nations. The war and its results are sad experiences for all the persons responsible for it. Whispersinthecorridors reveals for the first time a secret knowledge known to very few scholars: The Bhagwat Gita and Arjun-Krishna dialogue at the war front before its start is known, but equally powerful is the refusal of Dharmaraj Yudhister to ascend the throne to rule after the victory. Hand of Providence or physics?
M L Gupta
‘Rishi Sunak as UK's PM’
Appointment of a ‘Hindu’ of British-Indian descent as UK's PM, merely gives Indians ephemeral pleasure. But let us not expect too much out of it on Indo-UK relations in particular and world affairs in general. Sunak will be expected, first and foremost, to focus on his country's interests. India may not have much to choose. Religion has no relevance in a broadminded country like the UK. No doubt, the Indian diaspora in the UK would have every reason to gloat over Sunak's appointment. But, why should India celebrate the event with much noise as if a ‘Hindu' has become Prime minister of Pakistan? Let us wait and watch. A word of caution. Indian politicians, irrespective of their ideological inclinations, are expected to be circumspect. They must refrain from politicising religion in their own country.
A K Saxena ( A former civil servant)

One 1942 was quit India so now an Indian at the age of 42 has taken over the reins of the erstwhile empire. Everyone is going gaga that Britain has elected a Prime Minister of Indian origin. In India, the Congress party has also elected a President of Indian origin after 25 years and no one even talks about it! Extremely unfair!!!
A K Agnihotri
Demotivating for IPS officers
It is really disheartening and demotivating for IPS officers lagging behind by 3/4 years for empanelment. The self respecting one's do not want to join as they lose so much in self esteem and prestige. The aspirants also lose interest because of the possibility of delays in future empanelments. May GoI take measures to boost the morale of bright IPS officers
Santosh
Recruitment of CSS officers discontinued
Dear Vijay Sir, I would like to inform you that recruitment of CSS officers through civil services examination has been discontinued since 2022. Further they are not placed at rock bottom as you have indicated and many were selected with higher rank than few Gr A services. Also, differences in marks between IAS/Gr A/Gr B were not significant, further the number of seats decide the fate of every candidate. From 1998 to 2002 seats for IAS were 55 and then it rose gradually and especially from 2013 it rose to 180 so candidate with same rank were in Gr A in 1998 to 2002 and in IAS after that and particularly after 2013.Further few OBC/SC/ST candidate were in Gr B from 1998 to 2002 and in IAS after 2013 with same rank. The best promotional avenue is always with IAS followed by IFS, IA&AS, IPS, IDAS,IRS etc. In fact Indian Economic Services have better career growth than few Gr A services that were selected through civil services examination.
Shaurmaya

If one was to tabulate deaths due to police firings in democratic countries, India would probably top the list. A major reason for this unfortunate situation is, paradoxically, the inability of the police forces of the country to equip themselves in proper gear for riot control. A video of the situation would usually show only a part of the police force clad with proper protective gear of helmets and body guards. The rest of the force including sub Inspectors, Inspectors and senior supervisory officers would be mostly wearing berets or peak caps only.
The country has paid a heavy price for this negligence. Most riots start with stone pelting by the mob and a few policemen not wearing protective gear get easily injured and at times bleeding profusely. A helmetless senior officer in the forefront is usually the first casualty, which then turns the leaderless and incensed force itself into a group bent upon revenge. Such a force very often resorts to firing, whereas a lathi charge directed by a leadership wearing protective gear and therefore in control would have sufficed (this is not to say that all police firings are unjustified). On TV one can see that the anti riot police of our neighbors such as Nepal, Bangladesh, Srilanka and even Pakistan have turned out in better gear. At play here is a curious Indian negligence in not being properly equipped for the job in hand. Electricians, plumbers etc. will turn up for repair work and ask you for pliers, screw drivers, bulbs for testing etc. The same goes for the reluctance to put on seat belts or wear helmets during driving. Also at work here is a caste consciousness – the officers, i.e. Inspectors and above probably consider it somewhat below dignity to don helmets and body guards. They subconsciously feel that their prestige in the eyes of the public will go down. Whenever faced with law and order situations during my career, I made it a point to myself to wear a helmet and bodyguard. This ensured that those down the line followed suit. Non use of tear gas as a first resort of riot control is also a fallout of our carelessness in being properly equipped. This leads to excessive use of armed force resulting in avoidable casualties of the public. It is not that the force does not have adequate tear gas ammunition, only it is not quickly available on the spot. Senior police officers should ensure that every police station has its own tear gas squad and is not dependent on the control room for its availability in the first instance.
The senior police leadership, both in the PHQs and in the field, bears a heavy and urgent responsibility in ensuring a properly clad force.
A R Pawar, former DGP, MP
What a suggestion of Kejriwal
Those responding to Kejriwal's idiotic suggestion countered by suggesting why not gods of other religions included Allah little knowing that Islam categorically prohibits any visible form of Allah.
What kind of people are at the helm of affairs?
B K Saha Former Chief Secretary MP

Pallav, what makes you say that WICD has no relevance. In fact it has grown by leaps and bounds in the last ten years or more. I eagerly await each and every minute for their update. So please don't say it for a huff or for someone's influence. WICD is superb and always punctual. Go ahead sir.
Ramesh
Voting in elections
At present, voters physically cast their votes. Employees while on election duty also cast their votes at the station of duty. Armed forces personnel and CAPF exercise their voting rights through postal ballot. Hence, almost all citizens who are voters can cast their votes in the election. However, there are large number of civil voters, say in thousands and lacs, who are away from their native places due to jobs etc. in different parts of the country, (in particular labourers and IT sector employees) are unable to vote as they can neither come physically to their native places nor facility of casting their votes through ballot papers is extended to them. Hence, indirectly, they are denied this voting right. ECI should take note of this discrimination and find out solution to this problem with the help of latest communication technology.
Raj Kumar Thakur

As information pertaining to State Bank of India was sought, the RBI forwarded the RTI Application to the concerned PIO, SBI under section 6 (3) of RTI Act as the information sought did not belong to the respondent public authority. The CIC observed that since the RBI is not the custodian of information, therefore the requested information cannot be provided by the RBI. The Commission held that as per the provisions of section 6 (3) of RTI Act, the RTI Application can only be transferred to another public authority comes within the organization wherein in the present case the information sought pertains to a separate public authority which does not fall within the respondent organization. The respondent could have advised the appellant to approach the concerned pubic authority instead of transferring the RTI Application by themselves. Hence, the respondent has wrongly transferred the instant RTI Application to the O/o SBI. The Commission cautioned the RBI to be more careful in future while dealing with the matters related to the RTI Act, 2005.
Comments
Section 6(3) permits transfer of the application under intimation to the applicant if the information is held by another public authority or if the subject matter of which is more closely connected with the functions of another public authority. Thus, the inference drawn by the CIC that application can only be transferred to another public authority which comes within the organization u/s 6(3) is not legal and proper. The sec 6(3) allows transfer of application to a separate public authority which does not fall within the respondent organization.
Citation: Mr. Parsuram Mishra v. Reserve Bank of India in Second Appeal No.CIC/RBIND/A/2020/136684, Date of decision: 04.07.2022
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

Which is the best service in terms of promotions? Surprisingly, it is not the IAS. It is the CSS. The officers who join the CSS are at the rock bottom of the list in the Civil Services Exam (now intake has been discontinued), they join as Class II officers but go on to become Additional Secretaries to the Government of India, which even IAS officers can only dream of. They wield enormous influence because they man the offices of Ministers right from their days as Section Officers (Assistant PS to Ministers) and are an extremely united lot. Since they manage all the cadre controlling authorities in the Ministries, they are most powerful and decide on the promotions of all services.
Vijay Kumar

Committee observers feel that WICD has lost its credibility and acts as a part of propaganda machinery.
Pallav
“INC's Organisational Elections"
After the election of Mallikarjun Kharge as Congress President, it will be naive to expect any change in the laidback functioning of the Congress Party. The party has merely moved a step closer to its liquidation. Success of democracy depends on effective political opposition, sadly, missing in India. Tharoor would have been the ideal choice due to high intellectual worth. The dynastic hold of the Supremo will continue. Sonia Gandhi will continue to do back-seat driving even in the new scenario. She will still have the final say in all decision makings. Kharge is no match for the formidable Shashi Tharoor, who is alleging that elections were rigged. Right or wrong, one does not know. But, surely, Tharoor is intellectually superior to any other leader in the present political firmament.
A K Saxena (A former civil servant)

Congratulations ma'am on your new assignment. Hope you will further raise the image of NHAI by making it the most efficient organization, who always proved in building nation.
Kumar
Late T N Seshan, Ex-Cab Sec & CEC -- a tribute
Late T N Sheshan, former Cabinet Secretary and later CEC, known for his no-nonsense approach, was a terror both to corrupt politicians and laidback bureaucrats. I had the privilege to meet him one-on-one on three occasions. I was lucky to escape his tongue-lashing. As CEC, he cracked the whip on money and muscle power and proved a nemesis for political parties. Quite abrasive and rude to the core. Best known for his electoral reforms. Known for fixing impossible targets, he expected quick results from subordinates.. In a lighter vein, today's orders were to be executed yesterday. Former TN CM Jayalalitha labelled him as : "Embodiment of Arrogance". In 1990, while I was serving in UPSC, a nerve-racking rumour got viral. T N Seshan, was appointed as Chairperson UPSC. This generated extreme fear at all echelons of UPSC. It was like a terror attack. All Members and bureaucrats were shell- shocked. There was, however, a sigh of relief and a quiet celebration, when the matter turned out to be a hoax call.
A K Saxena (A former civil servant)

The details of the request made by the officer seeking permission should be available in his personal file or the leave file of the office. There are many situations where the answer can be given only in terms of yes and no. For example, a query can be where the RTI Application was received in the office or not. The reply can be given in terms of yes or no. Such a query can never be termed as interrogative. It is very much in the realm of the RTI Act and if anyone has a different view, he /she has a very poor understanding of the RTI Act. Hence, a blanket statement cannot be given that all questions where answer has been sought in terms of Yes/No are not as per the provisions of the RTI Act. Such queries are permissible under the RTI Act
Sudhanshu Trivedi