Whispers Forum

The appellant sought detailed information about depreciation on import transactions, losses suffered, interest levied on buyers, insurance claim rejected, unsecured receivables, ratings, non-predetermined sales, FIR, Audit etc. The Advocates for the Respondents strongly condemned all the contentions of the Appellant contained in the Second Appeal and explained the replies provided to each point of the instant RTI Application. The CIC observed that the information sought for in the RTI Application is unspecific and humungous and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012. The CIC held that it would be impossible for the public authority to provide information of such magnitude in any form and will be further unreasonable to expect the PIO to correctly apply their mind to decipher what information can be provided or what should be exempted. The CIC dismissed the appeal.
Comments
The RTI Rules are explicit that the word limit of 500 cannot be used to deny information to an applicant. The PIO should attempt to decipher the RTI Application with utmost diligence to provide the maximum permissible information and invoke relevant exemption clauses of the RTI Act, if applicable.
Citation: Samir Sardana v. PEC Limited, CIC/PECLT/A/2022/624382; 27.04.2023
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

Two Empires: Mughal & British? It is strange that the British are made fun in Indian films but the Mughals are glorified. Is it a true account of the Indian history? Wouldn’t the Mughal imperialism have continued if the British imperialism had not destroyed them completely? The Mughals destroyed India in every manner- economic, agriculture, religion, intellectual. They destroyed libraries and prohibited learning Indian works of knowledge like the Vedas. The British, on the contrary, contributed greatly to the dissemination of the knowledge contained therein and encouraged valuable interaction at scholars and academicians level. They exploited India but in the process laid the foundation of development. Our love-hate relationship is too deep and strong. We don’t like them for their colonial misdeeds and they don’t like us for destroying the British Empire! More for this reason, there is a need for historical review of our long association. The royal ceremony on the 6th May 2023 reminded me of that fairy tale London evening through late in to the night when Prince Charles and Lady Diana were married and the romantic spell it cast on the people assembled outside the Buckingham Palace- only to be seen to be enjoyed with the British Royalty in all its regalia and the doting people weaving a unique magic of an ethereal kind. I watched the entire proceedings in great amusement since the institution of Princes had been abolished in India (exceptions apart) and their privy purses snatched! Britain retains the Royalty to attract tourists even today. Makes good sense and economics beyond mere democracy, socialism or secularism!
M L Gupta

The above question raised in WIC dated May 5, 2023 is thought provoking. But, reasons attributed for bureaucratic "unhappiness", are secondary, even tertiary. Ground realities are different.
The fair-minded bureaucrats (other than sycophants) would agree that factors like : inability to cope with the "speed of PM Modi " and CBI taking action in graft cases as mentioned in the WIC, are not relevant and that these do not contribute to frustration in bureaucracy. Rules meant to punish the corrupt have to be followed.
The bitter truth is different. A reality check, if ordered, will reveal systemic flaws.
Firstly, the honest bureaucrats feel they are getting sidelined due to top down approach followed in decision making. Second, concentration of power and excessive political interference, cause demoralisation. Third, rewarding sycophants and bypassing merit, through misuse of discretion, is hated. Fourth, nothing pains the bureaucracy more than discrimination and when merit becomes a casualty. The silent majority of them is committed to public welfare, ethical approach and is averse to ad hocism.
The PM, it seems, is not being advised appropriately by his subordinates. He is urged to take the call and take corrective measures to ensure that all bureaucrats are treated even-handedly and with dignity by all those, who matter including politicians.
A K Saxena (A former civil servant)
AI and its negative power
AI has started ringing alarm bells due to its negative power. The USA and European countries have begun to formulate regulatory mechanism and propose guidelines. Artificial Intelligence will only add to our problems highlighted in a post today but mankind will surmount it.
M L Gupta

It is a regular feature in most organizations not to respond to the RTI applications initially and provide information only if they feel that a penalty may be imposed. Transparency and accountability is grossly missing and only fear of punishment can push a person to do something which is his duty. Whether AI (as mentioned in another article) can help in the field of RTI would be seen in the days to come but currently, it is only penalty which can actually ensure the implementation of the provisions of RTI Act, 2005.
S V Sharmistha

Congress is still practicing 1990 politics when they were in absolute majority and got away with corruption, promoting sycophants and AC room politicians. The next election is in 2024 and still Congress has no vision or strategy to regain power or credible opposition space and has no tall leader who can even touch Race Course main gate. The party right from Mani Shankar Iyer in 2014 to all Gandhi family loyalists till date have handed over Non political issues to BJP to win elections. After Karnataka elections now 2024 it will be Congress backed by leftist advisors vs BJP powered Lord Shiva and Bajrang Bali.
P K Saboo
India heading for a good democracy
I beg to disagree with Nidhi Jain's views on Congress reformation. Congress is a solid party with a strong base in whole of India. Unluckily our great PM has very kindly killed financially all political parties through demonetization. Whatever is left is being done through CBI ED and other agencies. India is heading for a good democracy even without money or one party rule in time to come, that 2024 will decide. Voter is the final king, how much brainwashed is the Indian voter or makes its personal choice. 2024 will give many surprises either way, provided elections are really scheduled or held at all.
Harish Kumar

A helicopter of IAF [Helicopter Mi - 17 V5 (ZP 5220)] was shot down by own missile on 27 Feb 19. A Court of Inquiry was conducted at Air Force Station Srinagar to investigate into the causes of the accident. The Court of Inquiry blamed the applicant for the accident and subsequent disciplinary proceedings were initiated against him. Prior to the commencement of a General Court Martial, the applicant asked the IAF authorities to provide him with a copy of the convening order of the Court of Inquiry. When the same was denied, the applicant approached the IAF with an RTI application for the requisite information which was denied u/s 8(1) (a) of the RTI Act. The applicant further stated that since the prosecution failed to present the convening order of the court of inquiry and the General Court Martial also did not peruse the same and overruled the defence plea of jurisdiction, the applicant approached the AFT (Regional Bench), Chandimandir, in OA (Appeal) 460 of 2022. Vide order dated 27.04.2022, the AFT directed the IAF to supply the order convening the court of inquiry to the applicant through his counsel. During the hearing, the PIO submitted that the said convening order was given to the appellant in compliance with the AFT’s order. The appellant further submitted that the IAF approached the HC of Punjab and Haryana and secured a vacation on the stay of the GCM, however the AFT order dated 25.05.2022 has not yet been overruled. The CIC observed that disclosure of a copy of the convening order of the court of Inquiry to the applicant is pending adjudication before the Punjab and Haryana HC as per the appellant’s own admission. Though the case is not under the RTI Act, however, the information sought is the same. Therefore, at this stage direction for any disclosure would vitiate the proceedings pending before the HC. As far as the CPIO and the FAA’s plea for denial of information u/s 8(1)(a) of the RTI Act is concerned, the facts of the case suggests that the same is related to security and strategic information which cannot be disclosed and the apt exemption clause for denial has been invoked, therefore, the denial is accepted.
Comments
If the matter is already pending with the High Court, there is nothing left for the CIC to decide.
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

NCP Chief Sharad Pawar has withdrawn his resignation. He said he did so in view of the appeals made by party workers and leaders and he respected their sentiments. Perhaps Ajit Pawar wanted to become party president although Sharad Pawar’s daughter Supriya Sule was also a strong contender for the post in case Sharad Pawar would have chosen not to take back his resignation. But Ajit Pawar has welcomed Sharad Pawar’s decision to withdraw his resignation from the post of party President and thus set to rest any speculations about possible rebellion in the family and the party. However, it is too early to jump to any conclusion.
Aditya Malviya
They should highlight on finding solutions
I agree. They should highlight as to how they plan to find solution to some of the important issues faced by the country. They should not announce measures which are against National interest.
S Gopal

Congress party is a sinking ship now; it is high time its leaders accept it, before it sinks sooner than expected. Abusing Modi just for the sake of limelight is sheer stupidity on the part of Congress. Every time the Congress party has used 'Abuse as a weapon ' against Modi, it has misfired and turned into a boon for Modi. It is a humble suggestion to the Grand Old Party of India to find better and productive issues than utter crap for the PM and then face consequences for it in the form of legal battle.
Nidhi Jain

With fast approaching elections, the situation in the country is becoming increasingly chaotic. Rallies, road shows, anti-corruption raids, hate speeches, politico- communal violence. Can we trust the political class that seems unconcerned about the impact of such wasteful expenditure on the taxpayers? No time for ensuring good governance and effective public services delivery mechanism.
Threats from our hostile neighbours, China and Pakistan, have been looming over the country. Pakistan is killing our security forces by waging a proxy war. Retaliation by India is awaited. What are we waiting for? China is untrustworthy and a permanent pain in the neck of India. It believes in occupying our territory following the doctrine of salami-slicing.
Indian politicians, pre-occupied with electoral campaigning, seem un-concerned about public welfare threatened by growing inflation and joblessness.
Nature is also turning against the World. The world-wide turbulence caused due to climate change, global warming, earthquakes, fear of submerging of 100 cities in the world (including 11 in India) due to rise in temperature of the sea, are predicted by experts.
And, last, but not the least, there is a potential threat of nuclear war.
Are we ready to face multiple challenges?
A K Saxena (A former civil servant)