Whispers Forum

Copy of a CAT order was denied under the RTI Act, 2005 advising the applicant to apply for obtaining copies of judgments/documents etc. of a particular case after providing the complete details of case as provided under Chapter XVIII of C.A.T. Rules of Practice, 1993. The CPIO & FAA relied on a division bench judgment of the Hon’ble Supreme Court in the matter of Chief Information Commissioner v. High Court of Gujarat, CA No(s).1966-1967 of 2020 dated 04.03.2020. The CIC referred to Apex Court judgment dated 11.04.2019 passed by a Division Bench in the matter of Institute of Company Secretaries of India v. Paras Jain, CA No. 5665 of 2014 wherein it was held that the existence of two avenues is not mutually exclusive and it is up to the candidate to choose either of the routes. Thus, if a candidate seeks information under the provisions of the Right to Information, then payment has to be sought under the Rules therein, however, if the information is sought under the Guidelines of the appellant, then the appellant is at liberty to charge the candidates as per its guidelines.
Comments There is confusion on account of varying stands taken on the issue by different benches whether judicial orders should be provided under RTI Act if there is an alternative procedure prescribed under any other rules. The alternate procedure might be lengthier, complex or costly and hence, it should be left to the individual to choose the one which he wishes to use. Till a final word emerges, the confusion unfortunately, is likely to continue.
Citation: Girish Damodar Gole v. Central Administrative Tribunal, CIC/CADMT/A/2022/666640; Date of Decision: 20.09.2023
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

Whisper in the corridors Forum article by Shri Vijay Kumar is a true prediction in store for the country where there will be a competition by different religious and caste groups to increase their population to get proportionate political and administrative benefits and again merit will become a casualty. What is surprising is the suicidal approach of Congress perhaps due influence of leftist in its ranks when they know that OBC mandal politics was brought by Mr V P SINGH to finish Congress vote banks and therefore these groups rallied behind different state wise OBC leaders finishing Congress countrywide monopoly. Again OBC votes will tilt towards Regional OBC parties/leaders damaging Congress more whereas BJP vote share will remain intact ensuring their almost certain victory 2024 but may also deprive the Nation of a good effective opposition in parliament.
S C Saboo

Certified copies of the bills raised by the counsels in a petition before the High Court, Name and designation of the officials who approved the counsel fees and related file notings were sought. The respondent bank denied the information on the ground of sub-judice. The CIC observed that more than two years have elapsed and information sought was not provided to the appellant. The then CPIO and present CPIO were show caused as to why penalty under section 20 (1) of the RTI Act may not be imposed upon each of them for not providing the information. In spite of the orders of the CIC dated 25.05.2022 and 13.09.2022, the respondent had failed to provide the information as directed. It was informed that the bank had challenged the order dated 13.09.2022 of the CIC. The CIC mention that challenging the order may not be legal ground to circumvent the orders of the Commission. The CIC imposed a penalty of Rs. 10,000- (Rupees Ten Thousand) on Shri Anand Joshi, the CPIO.
Comments Just because the case is sub-judice, information cannot be denied to an applicant.
Citation: Durgesh Kuwar v. Punjab & Sind Bank, CIC/PASBK/A/2019/160744; 05.09.2023
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

These days, there is a lot of talk about the caste census. Jiski Jitni Bhagedari, Uski Utni Hissedari is the new mantra sought to be given by "leaders" of various hues across the political spectrum. It is a most dangerous principle. It will lead to different religious, caste or tribal groups trying to increase their population to either keep up their ratio relative to other religious, caste or tribal groups or to gain an advantage over other groups. In this competitive scenario, the country will have to suffer population explosion afresh. As it is, the country is suffering from the ills of overpopulation. With this new population explosion in the making, all efforts at development will be drowned in another sea of people.
Vijay Kumar

While, discussing abrogation of Art 370 in Parliament, the union Home minister had promised restoration of POK ( Azad Kashmir or Pakistan administered Kashmir to the US) to India. However, with changing geo-political situation, actualising the promise seems a far cry, more so, after the US envoy in Pakistan recent, secret visit to Gilgit-Baltistan in POK. The envoy also visited the port city where China is executing the infrastructure projects under the China-Pakistan Economic Corridor(C-PEC).
While, India’s MEA has not yet reacted, the US envoy to India has sought to justify his Pakistani counterpart's visit by drawing a parallel with American delegation recent visit to Kashmir during G20 meetings.Reiterateing the US stand he affirmed that the matter should be resolved between India and Pakistan without the third party intervention. According to media report, he US envoy referred to the region as ‘Azad Jammu and Kashmir’.
On the contrary, India lays claim to the entire Kashmir region, including parts administered by Pakistan beyond the LoC. This is a serious development jeopardising India's hope of retrieval of POK.
Against this background, one wonders whether the US diplomat's secret visit to Gilgit-Baltistan has any connection with the on-going stand-off between India and Canada that has accused India of its citizen's murder. Canada claims its stand is based on shared intelligence with the US, its five eyes partner.
The US does not seem satisfied with India's denial to the accusation. Experts believe that India's knee-jerk reaction, should have been preceded by diplomatic parleys.
All things considered, India's image after G-20 summit, has surely plummeted.
A K Saxena (A former civil servant)

The convoy system in India is a huge mess, and it is especially problematic when it comes to visits by VIPs. The roads are already congested and chaotic, and adding a convoy of vehicles to the mix only makes things worse.
One of the main problems with the convoy system is that it often disrupts traffic for ordinary people.
Recent example is the visit of the Prime Minister to the City of Lakes, Bhopal.
My humble suggestion is that the government should declare a holiday for all the residents for that very day alone, so that people and government both would be at ease and traffic personnel could easily manage the chaotic situation.
Kamaiya Garg

After decades of waiting, the Women's Reservation Bill or Nari Shakti Vandan Bill was passed in both the houses of the Parliament. Political parties and analysts have raised the question that when the bill will take several years to be implemented, why did the government call a special session of Parliament and get it passed? It is in fact a part of BJP's strategy in view of the upcoming assembly and general elections. It is an attempt to increase its support base among women voters. It remains to be seen if it really will have any impact. However, BJP will try to capitalize on the issue in these elections that the opposition did not do anything on this bill which was lying in cold storage for years and BJP has brought it to empower women.
Nancy Kumari