Whispers Forum

Among other submissions, the appellant informed the CIC that the FAA did not provide him an opportunity of being heard even though he had requested for the same in his first appeal memo. The CIC observed that deciding an appeal after rendering an opportunity of hearing to the parties is a fundamental principle of jurisprudence. It is conducive to fairness and transparency and is in line with the principles of natural justice. As per Section 19(6) of the RTI Act, the FAA is required to dispose of an appeal within 30 days of the receipt thereof and as far as possible also give the appellant as well as third party an opportunity of hearing specially if he so requests, without forgetting that the essence of the RTI Act is to provide complete, correct and timely information to the appellant.
Comments
Although the RTI Act or the rules made thereunder do not prescribe the procedure to be followed by the FAA in dealing with first appeals, the FAA should give an opportunity of hearing to any Appellant if the Appellant expressly wants to be heard. In the case of Manohar v. State of Maharashtra [CA No. 9095/2012], the Hon’ble Supreme Court held that the right of hearing, even if not provided under a specific statute, the principles of natural justice shall so demand, unless by specific law, it is excluded.
Citation: Dr S Garg v. University Grants Commission in File No.: CIC/UGCOM/A/2019/639673, Date of Decision: 09/09/2020
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

True that CSS & CSSS officials are lingering on without any promotion (even in the normal stage they get very late) for the last two years. Government should come forward to settle the cases once for all. In the meantime, they can get the Court's approval for adhoc/in-situ promotions till the regular cases are settled. Really a sorry plight for all brethren who retire without promotion and also those who are serving but feeling disgusted. Why other services are always getting promotions easily whereas CSS/CSSS have to toil even after putting a lot of service. Once they were considered as the backbone of the Government of India but now they are all very upset. Hope the Government does something to boost the morale of the CSS/CSSS soon.
Seth

Drugs pedalling and consumption are crimes in the country under the NDPS Act,1985. Ground realities elsewhere in the country are shocking.
In Varanasi, for instance,“ thandai, pakoda, papad, samosas” mixed with “bhaang" (Cannabis, hashish), are available with impunity. The authorities are not blind to such age old practices. CM Yogi is urged to ban misuse of prohibited drugs and substances in the holy city which also happens to be PM Modi’s constituency. The NDPS Act 1985 applies to entire country without exemption. UP CM must demonstrate the political will to clear up the mess from the entire Uttar Pradesh ?
UP is not alone. Every Indian state faces same problems. At hundreds of places in urban and rural India, the menace is widely prevalent. All must be treated at par with Bollywood in taking punitive action.
A K Saxena ( A former civil servant)
A request to Ms Nidhi Pandey – Commissioner, Kendriya Vidyayala Sangathan
Mam, I have to say that my daughter kavya Singh was selected under category 3 in class 1 admission process after lottery at no.1 in Ichapore kv, no. 2 in army barrackpore and no.5 at afs Barrackpore. But her name was not selected by the school administration. So Mam, I think that you could help me in this matter because you are my last hope. Please Mam consider my request so that my daughter will not suffer regarding her studies. I have two daughters, one is already in kv afs barrackpore in class 5. Please Mam help me. With kind and humble regards
Arti Singh

It is height of the stupidity that appeals in the Income Tax department will be decided without personal hearing. If the appeals can be decided on the basis of written submissions what the is need for a Commissioner? In the new regime all submissions will be brushed aside by the appeal units and the appeals will travel to ITAT eventually. The whole scheme of face less appeals without any pilot projects will create more trouble for tax payers that it solves. The corruption it intends to eliminate will only travel upwards to Tribunals and other such fora. It is a known fact that almost all DRPs simply confirm the demands and the tax payer needs to go to ITAT. Faceless appeals system will be no different. For sure some tax lawyers are going to challenge this facelessness for its vires.
Amit

The details of certain telephone number and the monthly amount paid for it was denied to the appellant. The appellant submitted that even if the information is related to the third parties, the PIO was bound to follow the procedure laid down under section 11 of the RTI Act. The CIC rejected the contention of the appellant that the CPIO should have followed the procedure u/s 11 of the RTI Act before denying the information. The CIC observed that the procedure u/s 11 of the RTI Act is only to be followed in such cases where the PIO intends to disclose any information related to a third party, which was not the case in the present matter as the PIO had outrightly denied the information while stating that the information is related to third party.
Comments
Section 11(1) of the RTI Act says that where the PIO intends to disclose any third party information on a request made under this Act, the PIO shall, give a written notice to such third party of the request and of the fact that the PIO intends to disclose the information and invite the third party to make a submission regarding whether the information should be disclosed.
Citation: C Christu Raj v. Bharat Sanchar Nigam Limited (BSNL) in File no.: CIC/BSNLD/A/2019/639531, Date of Decision: 07/09/2020
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

The Parliament of India has passed 2 crucial legislations on 20th September 2020. Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, and the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 were passed by the Rajya Sabha. The Bills had a smooth sailing in the Lower House (Lok Sabha) where the government enjoys clear majority but witnessed heated exchanges with unpleasant ruckus in the Upper House (Rajya Sabha) where the government depends on opposition support. The Bill was opposed by the Congress Party, Trinamool Congress Party, Nationalist Congress Party, Shiv Sena and some others but the government managed to get the Bills passed. The Congress party organized rallies against the Bill in Punjab, parts of Haryana and UP and Delhi calling the Bills anti-farmers. The truth is otherwise. Read on: What a silent revolution! What a coup de maître! Prime Minister Narendra Modi has carried out another surgical strike and a bloodless coup d’ etat. The kulaks have responded with coup de main. In a clean sweep, the real farmer has been liberated from the stranglehold of the powerful kulaks. Recall the farmers’ historic status: serf, robot, begar! They were simply labourers- serf to their Lords & Ladies, unpaid labour or robot and working without payment called begar, which for the first time was abolished by the Constitution of India but soon acquired new form under the kulaks claiming to be farmers and cornering every government scheme for welfare of farmers. All that the working tilling sowing harvesting farmers got was a small quantity of chanaa-chabenaa to say it metaphorically and some dope (liquor, opium, charas etc) while the kulaks became Crorepatis, as agricultural income is exempt from Income Tax and kulal-politicians proclaim to be only either farmers or social workers. Many of the Indian kulaks had extended their empire to foreign countries buying 1000s of hectares of land and even islands. These kulaks manipulated democracy, rigged elections using money and muscle power and became MLAs/MPs/Sarpanch, chief minister or minister and manoeuvred to alienate the poor farmers of their land which they acquired for “public purpose” and millions of them came to own big “Farmhouses” i.e. properties worth Crores in every state in India. They don’t do any farming in the farmhouses themselves but act like absentee landlords engaging poor displaced farmers and cultivate, inter alia, weed, opium for exclusive parties and other commercial activities evading taxes. Reforms in the agriculture sector were overdue. It is time to restore the land under more than 1 million such farmhouses to the poor displaced real landowners.
M L Gupta
HP Govt doing commendable job
Good that HP Govt is recognising talent of domain specialists Techno Administrators
Bharath

The secret world of drugs mafia, murders, rapes, casting couch, alleged murders of two actors, are all that constitute the tinsel world. The secrets of glamorous Bollywood’s underbelly have jolted the conscience of every right thinking Indian. No attempt was ever made to weed out the scum. Investigations by ED, NCB and CBI have revealed an organised racket with links in Dubai, deep state of Pakistan and Narco-terrorism! Count down has begun.
Of late , the # Me Too movement lying dormant for sometime has resurfaced. The latest allegation comes from an actress slamming sexual innuendos against an infamous Director-Producer of Bollywood. Lack of deterrent action in the past emboldens perpetrators to carry on their business with impunity and perpetuate the evil practice. The Bollywood’s cultural standards and values have reached their nadir. The film city can't take it any more.
Ironically, a large number of Bollywood celebrities continue to appear as brand ambassadors in TV ads and participants in a famous laughter show. These exercise deleterious influence on gullible public especially the impressionable youth. There is an emergent need to scrub, disinfect and purge the film city.
In this context, UP govt’s announcement to set up a film city at Noida, is timely. It will have production studios, outdoor locations, post production facilities, special effects studios, hotels, workshops, an amusement park besides an international airport in the neighbouring Greater Noida. The central govt will, no doubt, face opposition from the Opposition and criminal lobbies. But, a strong political will should overcome it. The outrageous public and the digital Media ,on their part, must boycott all accused super stars, their movies and brand endorsements.
A K Saxena ( A former civil servant)