Whispers Forum

The time has come for the CSS to be designated a feeder cadre of the IAS. It can be treated as a separate cadre just like state cadres. Just like state cadre SCS officers are allocated to the states after induction in the IAS, officers of the CSS can be allocated to the IAS and allocated to the Central Secretariat cadre. This would go a long way in recognising the yeoman service rendered by the CSS in nation building.
Vijay Kumar
Supremacy of IAS is over in IMF
Welcome change. Get rid of this British legacy of generalist bureaucracy.
J P Gupta

The Appellant sought information whether a Superintendent of CGST (third party) has taken station leave permission to visit CBI Delhi office for more than 50 times during year 2015 to 2020 and related information. The PIO informed that on the basis of available record, the third party has neither applied nor granted any station leave to visit CBI Delhi office. The PIO submitted that the Appellant wanted an answer terms of Yes or No which is not as per the provisions of the RTI Act. It was further submitted that the OM dated 11.09.2012 was applicable as it relates to official tours for the Joint Secretary and above rank which is not the case here. The CIC observed that concededly, the information sought for in the RTI Application does not conform to Section 2(f) of the RTI Act as the Appellant has raised interrogative and speculative queries regarding a third party. The CIC held that the clarifications sought for relate to a third party, disclosure of which stands exempted under Section 8(1)(j) of the RTI Act. It was further held that the appellant is seeking an action which is beyond the mandate of the RTI Act.
Comments
Looking into the extent of the RTI Act in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013, the Hon'ble High Court of Delhi held that the proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished. In another case, the Supreme Court held that the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority.
Citation: Jitendra Pratap Singh v. CPIO, O/o the Pr. Commissioner, Vadodata-1, CGST Commissionerate, File No : CIC/CCEVD/A/2021/641582, Date of Decision: 06.10.2022
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

India celebrates the festival of Dussehra. It culminates in the final celebrations on Diwali. We want you both to give humanity the festival of Diwali at once. Human soul stands severely bruised by the immense loss of life and property, peace and joy, and the efficacy of soft power over hard power. Only you two great leaders of the world can restore normalcy for the sake of not only your respective peoples but entire humanity. Neither of you has won. In fact, neither of you have lost. Neither stands victorious or defeated. You have made your mark. You have shown to everyone that unnecessary interference in the affairs of sovereign nations can be fatal. Those who were targeting you and instigating you to war with each other are frustrated due to consequences they had not even imagined. War in the present time is no option before nations. It is peace alone which is the only option. It is so because peace promises the wellbeing for all of us. Our epic poet Tulsidas, in the Ramayana (Shri Ramcharitmanas), wrote as follows: Mangal Bhavan Amangal Hari which translates to “assured of wellbeing and protection against the harmful”. It ensures good results for everybody. It guarantees protection against evil. As we prepare for Diwali and I am spontaneously inspired to pen this open letter to world’s 2 Great Leaders, I am sure they will receive these promptings and declare cessation of war forthwith. NATO and its allies have failed in their plans and suffered unprecedented economic losses. Hence, they should stop fuelling the war at once. They are living under threats of recession, inflation, poverty, hunger, disruption of essential supplies especially gas in the coming winter and above all a nuclear war. Hence they should contribute to the establishment of peace honourably. If they fail to do so, they will suffer heavily. President Putin and President Zelensky alone are capable of ending this war. President Putin should show greater magnanimity by taking the lead in declaring cessation of all hostilities forthwith and begin peace negotiation to reach an honourable agreement for both the nations. They are obliged to do so purely on ethics. Please listen to the voice of reason and goodwill towards you and your people and mankind. We extend Dussehra Greetings to you both and our friendly people in both your countries!
M L Gupta

Confusion in fixation of pay of Private Secretaries by Ministries / Departments In pursuance of Dept. of Personnel and Training's order No.4/8/2022-CS-II(A), dated 30th June, 2022 services of ad hoc Private Secretaries of CSSS working / posted in various Ministries / Departments were regularized by DOPT and given Select List Year of 2016 and 2017 respectively, according to vacancy position. On the basis of said Order, pay fixation of some of the Private Secretaries, who are far junior in Common Seniority List of 2016 and 2017, has been fixed higher than their senior. This has caused a heart burning among Private Secretaries of CSSS. May I request Department of Personnel and Training to issue appropriate instructions to Ministries / Departments to fix pay judiciously?
H S Chauhan

Why are some civil servants so overrated, when, ultimately, they have to comply with the orders (mostly oral & illegal) of the political masters? The favourite officers succeed in managing best ( read as most sought- after) postings and out-of-turn promotions bypassing the silent majority of officers, who refuse to fall in line. The practice was common during the UPA era, when the Congress supremo was the ‘de facto’ Prime minister. The practice, unfortunately, continues, till date. Is the rating methodology flawed?
A K Saxena (A former civil servant)

Certified details of meeting-wise honorarium paid to Chairman and each member of Bar Council was denied by the PIO under Section 8(1)(j) of the RTI Act. The CIC upheld the denial citing the Hon’ble Supreme Court in the matter of Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal in Civil Appeal No. 10044, 10045, 2683 of 2010 wherein the import of “personal information” envisaged under Section 8(1)(j) of RTI Act has been exemplified.
Comments
Personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.
Citation: Maman Chand Sharma v. Bar Council of Punjab and Haryana in File No: CIC/BCOIN/A/2022/114136, Date of Decision: 06.10.2022
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

Pakistan is hugely affected by the floods aggravating present levels of poverty, hunger and inflation. The Islamic countries, even China, are not coming forward for help. Lip sympathy does not help. India could help Pakistan in these circumstances during the floods and political instability. But, there has to be a request for it. Trade relations were unilaterally suspended by Pakistan, not India. It is high time, Pakistan starts behaving with India and stop cross-border terrorism. Continuance of hostility between the two sub-continental neighbours, will worsen the situation. People of Pakistan are ready for friendship with India. But the army-controlled establishment looks the other way. A referendum in Pakistan will prove this. Pakistani awaam considers itself culturally, historically and linguistically close to India. They welcome free trade relations and visa-free movement of its citizens. But, Pakistan has to move away from hatred to cooperation. Resumption of trade relations will be immensely useful in the normalisation process. Pakistan must amend its Constitution to treat its minorities at par with the majority. Its non-Muslim citizens should be able to occupy key positions. Change from theocracy to secularism is the prerequisite. Why can't a Hindu or Christian be appointed as its President? Why should non-Muslims be called "Kaafirs"? This is irrational and anti- democratic. Pak has been terribly ditched by China due to its single point agenda based on hate-India approach. Pak has to forget China in the face of a fast changing international scenario. This is not wishful thinking. But, all things considered, good-neighbour relations are not possible without democracy taking deep roots in Pakistan, free from military intervention. A Jai Prakash Narayan type anti-corruption movement is missing in Pakistan. This is considered necessary for creating mass awareness and changing its collective attitude towards India.
A K Saxena (A former civil servant)