Whispers Forum

I fully agree with the views expressed by MSK regarding recruitment to All India Services. The All India Services had been increasing their posts from time to time without any vision in such a way that each is promoted en bloc. The posts at lower level keep on reducing which have resulted in execution and accountability issues. The administrative pyramid is upside down. It's high time the whole recruitment & promotional system is subjected to quality audit & revolutionary administrative reforms so that poor governance & delivery fronts can be corrected at the earliest.
Harish Kumar

It is reported that a Parliamentary committee has recommended that the cadre strengths of the All India Services be increased in the coming years to meet the need of the number of officers . This recommendation is not convincing or in conformity with the ground realities. For instance, the annual allotment of IPS recruits to the state cadres at present is far in excess of the actual needs of the respective states, since the allotment is being done solely based on the cadre strength of the state regardless of the actual availability of posts in the state. With time-bound promotions being given to the officers already in the cadre, there is a glut of officers in the higher promotion posts with nowhere to give them suitable postings. In Kerala for instance we can see the sight of IGs functioning as police heads of small towns with less than 9 lakh population with the big title of commissioner of police. There are umpteen new ADGPs and DGPs posts just to accommodate the excessive numbers of officers given time-bound promotion to these levels. At the same time almost one-third of the IAS cadre strength in Kerala state is lying vacant as the annual allocation of officers is not adequate to cover all these vacancies. What is required urgently is a realistic re-appraisal of the cadre strengths in all states.
MSK

The Appellant filed an RTI application seeking entire file relating to action taken on his complaint against Dr. Amulya Singh before Chairman, Bihar Council of Medical Registration, Patna. The Deputy Secretary, Board of Governors in supercession of Medical Council of India informed the appellant that the query pertains to Bihar Council of Medical Registration, Patna and whom further details could be obtained. There was no transfer of application under section 6(3) by the CPIO. On second appeal, the CIC held that no further intervention is required in the instant Appeal..
Comments
Vide OMs/circular No. 10/2/2008-IR dated 12.06.2008, the DoPT had observed that if a person makes an application to a public authority for some information which is the concern of a public authority under any State Government or the Union Territory Administration, the Central Public Information Officer (CPIO) of the public authority receiving the application should inform the applicant that the information may be had from the concerned State Government/ UT Administration. Application in such a case need not be transferred to the State Government/ UT Administration. The OM in not likely to stand judicial scrutiny, if challenged.
Citation: Shri Arvind Kumar v. National Medical Commission in CIC/MEDCI/A/2019/160141, Date of Decision: 20.12.2021
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

Ministry of Finance/CBDT CBDT has taken a very positive step to simplify the ITRs filing to provide Annual Information statement after collecting data from various organisations. This is very difficult task to collect data and provide the information PAN wise to tax payers. As these statements are related to Tax system and has to be correct and error free otherwise to cause problems and may lead to issue of notice and penalty. To avoid such action, CBDT has to make doubly sure about the correctness of data before it is uploaded. As reported in print media, the interest from FDs etc. is getting reflected in both account holders whereas the first account holder is responsible for the receipt of income and paying tax accordingly. It is submitted that such duplication of income may be corrected to avoid controversies and confusion among tax payers and tax authorities. Large data with regard to dividend income and also related to LTCG is being collected and doing data mining to provide the required information to tax payers. Recognising that only 2% of population pay income tax and there is a large chance of tax revenue losses as dividend is distributed among all the investors holding the stocks. This can be done in more efficient and hassle freeways. If dividend is taxed before it is distributed, it will not only increase the tax revenue but will be simpler and hassle free as no data is required to be collected from various agencies and moreover the ITR filing will be simpler. The tax compliance will be more than 90%. This will ease out many problems of tax payers as well as of tax administration. Similarly for the case of LTCG, LTCG for the transfer of equity and equity oriented MF may be tax exempted but Security Transaction Tax may be increased to in proportion to recover the estimated income from LTCG. In both the cases no data is required to be collected and uploaded. There will be no error as no data from third party will be required in these cases. Cash transactions is also one of the source of tax revenue loss as it is outside of financial system and transactions are not captured. Traders, businessmen, contractors, professionals etc dealing in large cash transactions are likely to escape taxes as these transactions are not captured by Govt. There is urgent need to reduce cash transactions to avoid such revenue losses. No doubt digital transaction have increased but so cash transaction also. Cash transaction gives rise to many illegal activities also like generation of black money, corruption etc. These will also get reduced. Tax revenue can also be increased by bringing NGOs, Trusts, Social Organisations, Academic Institutions etc, which are tax exempt, under income tax umbrella so these institutions pay tax and same can be used by Govt. for the welfare of society of all sectors. As these institutions are already serving only a particular sector of society and paying tax will enlarge their scope in addition. This will empower the Govt. to know their financial details and assets they possess. It will curve many not listed activities also if any. Ministry of Finance may consider above points in their budget proposals for increasing tax revenue and welfare of the society.
Naveen

The Appellant filed RTI Application seeking information on eight points. He filed a Second Appeal u/s 19 of the Act on the ground of non-receipt of information from the Respondent. The Appellant requested the CIC to direct the CPIO to provide complete information sought for and take appropriate legal action against the Respondent. The CIC observed that the Respondent has wrongly denied the information to the Appellant on the pretext of the instant RTI Application exceeding the word limit as per the RTI Act. Holding the reply as unsuitable and inappropriate, the CIC cautioned the Respondent to be careful in future, while handling matters pertaining to the RTI Act.
Comments
No application filed under the RTI Act can be rejected on the ground that it exceeds a specified number of words.
Citation: Mr. Varun Krishna v. M/o. Finance, Department of Economic Affairs in Complaint No. CIC/DOEAF/C/2020/665550, CIC/DOEAF/C/2020/665552 &CIC/DOEAF/C/2020/665553, Date of order: 01-11-2021
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

Even as the cases of the new variant of the deadly corona virus, Omicron are increasing in India, rallies are being held in the electoral states ahead of the assembly elections in the year 2022 . While political leaders have been holding forth on the need for caution over the new variant and the State Governments are re-imposing restrictions like wearing mask and maintaining social distance, the campaigning style of either the ruling party or the Opposition has not altered with least regard for the COVID-19 protocol. We are inviting trouble with these rallies ?
Girish Parmar

CBIC has done it again. It has promoted 2017 Batch Direct Recruit ACs as DCs w.e.f. 01/01/2022. Few promotee ACs of 2014 batch were also promoted but w.e.f. 01/04/2022. What a discrimination and humiliation? There is no transparency. For the promotion of DC CBIC is following ratio of 6:2:1 ( 6 C. Excise Supdts., 2 Appraisers and 1 Customs Supdt.) but for the promotion of ACs in 2014 they followed ratio of 13:1:2 ( 13 C. Excise Supdts, 1 Appraisers and 2 Customs Supdt.). No one will believe the bungling and injustice being meted out to 2014 batch Promotee ACs. All the promotions have been done on adhoc basis. What prevented the CBIC to promote the entire batch of 2014 batch promotee ACs to the post of DC on adhoc basis, when it is simply NFU ? Will new Chairman of CBIC look into this matter ? He has promised transparent and just administration in his first letter from Chairman's Desk or will he also pass his time and retire, securing his pension? CBIC must stop playing card of temporary post. Temporary post do not continue for seven or more years. It will go down as most horrible injust and shameful act in the history of CBIC Finance Minister, is requested to do justice and issue directions to CBIC to follow judgement of Supreme Court in AK Chatterji case and promote all promotee ACs of 2014 batch to the rank (NFU) of DC, who have completed more than seven years of service, against the residency period of four years. No additional posts are required to be created.
Dharam Singh

We hear hundreds of lofty statements on daily basis from our politicians about India becoming Vishwaguru and lead the world soon, every time the vision year changes too nearer the elections. Given an education budget of just 12.43 billion dollars for 2021 and health budget is just 9.2 billion dollars, how would India achieve this target ? Byjus is worth 18 billion dollars and similarly one private sector health chain is worth the same price. The real worth of both education & health private players must be 1000 times than GoI budget provisions. Eighty percent population being poor is totally dependent on government education and the GoI health infrastructure. In other words, both education and health infrastructure is available to 20% of the Indian population who can afford the private education and private hospitals doctors etc. The remaining 80% are completely dependent on this poor negligible infrastructure of health & education. This is high time GoI prepares a vision document so that each Indian has 100% access to both education & health. Education and health is everyone's right too. Would suggest education and health sector be nationalized, their available cash assets be used for improvement of government schools, colleges, hospitals etc. This must be done on war footing in view of various COVID-19 variants and its post effects, before it is too late.
Harish Kumar