Whispers Forum

The appellant was compulsorily retired under FR 56(j) vide Order No. A-47012/2/2016-HRD-I dated 10.05.2018 and sought the copies of complete notes and correspondent portions of the relevant file/files in regard to decision taken for his retirement. The PIO refused to provide the requisite information u/s 8(1)(j) of the RTI Act alleging that since the total information contains a combined report of the Committee regarding all the persons who had been considered and recommended for Compulsory Retirement under Rule 56(j) of CCS (Pension), Rules, 1972. The Appellant submitted that the PIO could have provided the information after applying the doctrine of severability as embodied in Section 10(1) of the RTI Act. He claimed that the information would enable him to represent his case before the Representation Committee or to seek redressal before the Court of Law against the decision to retire him under FR 56(j). The CIC perused the relevant files during the hearing. While the CIC was in agreement with the contentions of the PIO that every single note-sheet is related to all the four employees who were subjected to compulsory retirement, however, the CIC observed that the portion of the notesheet in which a final decision was taken can be supplied to the appellant, since he himself was one of the employees who were subjected to Compulsory Retirement as he was retired on the basis of a report of the Review Committee. With regard to the correspondence portion of the files, the CIC held that the material on the basis of which a decision was taken to compulsory retire the appellant can be supplied to him as such material/documents would be in relation to an individual employee only. The CIC instructed the PIO to obliterate the name/s of Review Committee members and/or details of other employees who have similarly been retired under FR 56(j) of CCS (Pension), Rules, 1972 and Rule 48 of the Rules and supply the portion relevant and referring to the appellant.
Comments
Compulsory retirement under FR 56(j) has often been challenged before the Courts. Even though it is prerogative of the competent authority to decide about the compulsory retirement of an employee in public interest, the employee is well within his/her rights to obtain details/factual background which led to such an action. Such information cannot be denied to him, in terms of principle of natural justice.
Citation: R C Kalra v. Dy. Director General of Foreign Trade/CPIO(HRD - I), Ministry of Commerce & Industry in Decision no.: CIC/MOCMI/A/2018/155663/03171, Date of Decision: 31/03/2020
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

DEBATE (1)
Border Guarding Forces (BSF, ITBP and SSB) could be merged into BSF, while, CRPF, Delhi Police, CISF and NSG could all be merged into CRPF. These mergers must not be only for Officers but must include all ranks and be total mergers.
All India Central Medical Services (AMC, CGHS, CAPFMS and Railway Medical Services) too must be merged and Combatised Medical Service must be for only those doctors and paramedical staff below 40 years. Beyond 40 years the medical and paramedical staff may either serve in Secondary or Tertiary Care centres or at nation wide dispensaries and polyclinics which can serve as PMJAY registering and referral centres and also as surge capacity in times of Disasters or Pandemics. In fact merger of Central Medical Services must be the first priority
C Rao
Injustice to technical community
As a senior technocrat myself, I feel very sorry for Mr Sharma who did not make it to the Central Regulatory Authority post. In technically oriented organizations, technocrats should be given the rightful credit and pride of place. I am of the strong opinion that the selection committee, whoever it may be, has done gross injustice to Mr Sharma in particular and the technical community in general. If the services of very talented technocrats are not recognised and utilised properly, the nation as a whole stands to lose on expertise. It is no wonder that thousands and thousands of our brightest engineers flock to outside countries as soon as they graduate because they know that their talents are better recognised and rewarded in those nations when compared to their motherland.
K Srinivasa Rao

It is no sign of excellence of administration in the country if the Prime Minister has to personally supervise management of crises whenever they occur: floods, famine, excess/deficit rains, epidemics like the Wuhan Virus or war. The very fact that the country’s top management did not know how to tackle crises of such magnitudes is evident from the constitution of so many high-powered groups. It means the training given to these bureaucrats does not cover management of crises of any kind. What will they do? Issue strict orders only? Who will implement these orders? Are they at the same wave length? I am afraid, no; no, they are not at the same wave length. There is no SOP visible to handle a crisis of the nature of COVID-19 induced lockdown and its effect. To illustrate the point consider this: most families depend on supply of essentials both in rural as well as urban habitats on a daily basis; millions living in small flats in cities can not store provisions for more than a fortnight because of space constraint (where do they get space for home quarantine?), senior citizens can’t go out to the market obeying government’s good advice and can’t get essentials delivered to the door as practiced in cities where home delivery has become the norm and must remain hungry, there is no short distance transport to go to the local market and bring essentials and carrying them on a back pack is impossible, more people will die in India if they live like this than any epidemic can cause, visiting a doctor is now impossible, mass dislocation/disruption and loss of livelihood/employment means death due to starvation, nobody can feed 130 crore population for a month or more if managing the affairs in such difficult circumstances is not well thought and well worked out. The high-powered groups will use only their common sense, experience, imagination and sentimentality. The traumatic experiences of 1962 Chinese war, 1965 Pakistan war, 1971 Pakistan war still revive chilling experiences of suffering of the people. Smart citizens started hoarding 3 months ration just after the Janata Lockdown, only those who believed the government are finding things bad. Now, the rumours/genuine news of extension of the lockdown are frightening. Better lift the lockdown or announce how people will get the essential supplies home delivered by ordering on phone. If chaos is created by unimaginative administrative conduct, it will prove very costly to the nation.
M L Gupta

Instead of pruning the number of private banks, there is a need of having a regulatory authority with a lot of canine teeth. Banking is a business. It is not the government's job to be in the business of business. Every time a thing goes wrong in both the private (Yes Bank) of public sector (Punjab National Bank) the honest tax payers of the country have to bear the brunt. Their hard earned money is used in settling the unethical practices of certain individuals. The depositors of money in the banks also need to share the burden of risks in a business environment. Like taking back lesser amount of principal, interests etc. in the event of settlement of dues.
Anurag Srivasrava
Govt should accept Mallaya’s offer
Mallaya has offered to again pay the Kingfisher dues. Govt should accept the same. Let the proceedings continue.
Sreesayee Prasad

It is trahi trahi already from East to West China, Korea, Japan, many other states faced the fury of COVID-19 before many could assess the full impact of the virus. Till Italy shook Europe, Iran other nations, the virus reached America and England. The daily rise in the numbers of the sick sudden deaths rising from single digit to two in the early days and three later shocked the world community instantly casting a pall of gloom throwing normal life in to lockdown everywhere jolting The smugly 6 billion world community Gasping at numbers of the dead & sick The tragic irony of super powers killing millions like flies in wanton nuclear war Devastating and destroying in minutes The whole world at the press of a button Ignoring signals of Benevolent Nature The only Super Power in the universe Nature’s annoyance is too apparent to Ignore or its power to punish the guilty Unless human conduct changes fast it Will invite the wrath of the Benevolent Going into a panic mode is not enough Trahi trahi- the individual cry of alarm Knowing not when it will abate, subside The remedy though lies in human mind Pray to the Mighty the Benevolent: say Trahimaam, trahimaam O! Benevolent Save me, protect me, forgive me Mother Community of nations in solemn unison.
M L Gupta
Appoint them
If facts quoted by Arun Sharma are correct, then Government should appoint all these qualified MBBS persons on contract basis for Two years. They can be considered for regular appointment there after.
S Gopal

It is really a state of quandary that when the banks are jostling with the humongous NPA’s there still is a rat race in the banks to sell the third party products be it mutual funds, Insurance or any other financial instrument.
It is axiomatic that bankers are not trained and well versed with selling of the third party products and even the fee based income by selling these items is miniscule balance sheet of the banks. Moreover, the most bright employees of the banks be placed in the Loan Recovery Section so that they ruminate for the recovery of the bank dues, out of box to nip the nefarious acts of errant borrowers who are trained to eat away the funds of banks.
Mahendra Kumar Goel
High level Empowered Groups – a very good move
High level Empowered Groups constituted; Very good move. They should be given adequate Administrative and Financial Powers
S Gopal
Sanity required in locked down India
The PM has correctly asked India to be self disciplined for 21 days . That requires Essential Services to be seamlessly working . These are:- Hospitals , Doctors , Nursing staff , healthcare workers for elderly to be given curfew passes. Logistics is the backbone of Indian Lockdown. That requires Trucks, Drivers, loading staff and more to be given curfew passes. That will ensure food , milk, medicines, and more to be supplied seamlessly to retail outlets across the country. Currently a state of confusion prevails as police at borders are not letting drivers bring in loaded trucks with supplies ! That is ridiculous. Panic and shortages must not be created in India. The Home Ministry must ensure the same and if necessary request our Indian Army to assist. The Indian Armed Forces are very capable in war and peace to ensure logistics are supplied all over the country . Their role can be expanded now to ensure Indian people receive supplies . During demonetisation the IAF flew currency in to banks . The Indian Armed Forces can easily assist trucking companies to supply food , medicines and more. A national effort for next 30 days is required.
Devindra Sethi

This is truly praiseworthy and Yeoman service but let it become a usual habit to come and meet the public like subservient and not confining in their offices with many impervious layers that was worthwhile in pre independence but as constituents of same society , rather many have come from the smaller strata( though we should never say that) . Our society is very receptive and this benevolence and social connect will evolve our country to a greater heights . Salutations for such magnanimity and will make indelible Mark in the annals of memory of billions of people
Mahendra Goel
For a change
In earlier times people used to wear masks while dancing. In Bollywood actors used masks. Masquerading was known. In modern time Corona scared use masks. All couples who were fighting now are trying to be friendly in the lockdown. There is no other option. All helpers are wandering like zombies. Earlier in Bhopal, medics were using masks and long sleaves and full face dupattas to beat the heat. People are cooking washing and cleaning for a change. If this can save Humanity why not ?
Rekha Bhargava
CBDT denies NFU once again
CBDT once again denied NFU to some 1999 batch officers though no charge sheet is pending against them. How CBDT is able to violate DoPT norms blatantly? Is IRS association sleeping? God knows.
Kumar
UN bodies need restructuring
Endorse A.K. Saxena’s view on WHO's failure to warn world on Corona Virus. Not only WHO, most of the UN bodies need restructuring to meet the present day world. Hope India takes a lead in this matter.
S Gopal

Apropos WIC’s claim, “Our prediction came true”, dated March 28,2020.
It is becoming increasingly clear that spreading Coronavirus across the globe has been China's conspiracy to hit World economy in ‘collusion’ with WHO ( that earned the sobriquet "Wuhan Help Organisation”) by waging a biological war against humanity.
The charge was proved beyond doubt after inside details were confirmed by a Wuhan doctor, who worked on virus project .Not knowing China’s ulterior motive, he chose to become the whistleblower. He reportedly died of the same Corona virus. Some claim he was possibly finished for failing to suppress the truth. Worse still, a lady officer in China jolted by her conscience, could not keep her mouth sealed . She was never seen thereafter . A normal thing to happen in a totalitarian state like China.
India's initiative in creating G-20 corpus of fund, manifests the approach of a soft State. Every country has self-interests, which are permanent and supreme as per Chanakya niti. But, it would be meaningless unless participants decide to identify the villain behind Wuhan virus and fix the accountability. The US was ab initio, opposed to holding the G-20 summit.Let us await further development. China brazenly participated in G-20 virtual summit convened at the behest of PM Modi. The world opinion, especially the US and allies, have been condemning China first for creating the virus and then feigning innocence, ignorance about it. Another one, called Hunta virus, is reportedly on its way. A deadlier biological weapon.
Never trust China is the lesson for all. The doctrine of “Vaasudev Kutumbhakam”, cannot apply to a sinister scenario of total trust-deficit among countries. China’s game plan is loud and clear. First to destabilize economies of inimical countries through biological warfare, then, launch military strikes. As per media reports, while the virus- affected countries are struggling against all odds in combating the virus, China is busy spying against them. China’s warships and submarines have been noticed carrying out surveillance around Andaman &Nicobar islands. It is hellbent on becoming the topmost super power bypassing the US.
Strangely, even though, China kept the issue of virus leakage under its wrap for two months, no country at G-20, condemned it. Not, even India. WHO's role has been dubious. It took pride in applauding China instead of forewarning the world of the impending international disaster.
This is bound to trigger a War. The US is not the one to take it lying down. It must not.
A K Saxena (A former civil servant)
Police be firm with humanity
Bad name of Police will travel very fast so Police be restrained and be directed to behave properly . Instead of canning they should use Mikes, Public Announcement Systems , Barricades and should help the poor people, people are already in extreme mental , Psychological distress . It is totally unprofessional, inhuman, the Deptt is also painted in poor light. How they will behave if their father, brother or their sons met this type of treatment . Be firm but in human limits . Immediately it should be communicated to the Hon. HM to give the directions to all the DGPs of the states .
Ram Niwas - Former DGP, Chattisgarh
Gujarat IAS officers resolve to donate a day’s salary to CM Relief Fund
It is indeed as usual the great magnanimity shown by the steel frame of Gujrat and their benevolence will stand as big example for other section of society to come forward and do the donation as per their capacity ( though business people are already hard pressed but small donation may look minuscule but indicate enormously the feeling of commitment and sense of belongingness towards nation . This is the most appropriate time , though looks pinching that the corrupt people as per their conscience, in the society come forward and donate the money accumulated by them by coercion and by force which they were never entitled for all good of the nation for salvation of their souls and the nation will be immensely benefited by its own money looted by few .
Mahendra Goel
Unaware office bearers of most RWAs
I fully endorse these views. Office bearers of most RWAs are not aware of what they can and cannot do but act in a very highhanded manner. It is about time the Government Authority concerned with clear and unambiguous guideline governing these issues.
R Subramanian

The corona virus is making people run for life. Life is at a standstill, After Govt. announcements people are on lockdown. No parties no gifts. We are now on a lonely planet, maybe space, the final frontier. In Nainital, we had a cove on the hillside facing Hanumangarhi. I have spent hours there reading books. The Deodars stood tall graceful and stately. The hillside had gladiolis, lilies, daisies cosmos, marigold etc. Peace prevailed away from the din of modern life.
Rekha Bhargava
“Travails of Delhi’s Residents Welfare Societies “
While fully endorsing S. Gopal’s views ( WIC dt March 27,2020),I would like to carry out a reality check. The truth of the matter is that the guidelines laid down by the office of Registrar General of co-operative societies (RG) are seldom followed by the office bearers of Residential Welfare Societies/ Associations .
RG’s office is a den of corruption - both collusive and coercive . And, I say this with all emphasis at my command. Raids conducted by anti-graft agencies vindicate the position. It merely revealed total absence of Accountability. There is no practice of conducting suo moto surprise checks into the accounts of co-operative societies by RG’s office . I am not aware whether rules provide for it. But, the ground realities are alarming. The whole system is flawed. RG’s office runs on the basis of discretionary powers vested in the hands of its officers and staff. Doctrine of Quid pro quo decides grievances of hapless residents. The annual accounts of Societies’ AGMs are audited by private chartered accountants ,who are empanelled by RG’s office. Due diligence is never followed.
Appointment of private security agencies for providing security guards to gated societies, is a matter of grave concern. The credentials of a majority of security guards are never vetted by the local police. The beat constables are kept satisfied. The contractors take their cuts, share it with the local police and the matter is allowed to rest .Govt of NCT, Delhi turns a blind eye to the widespread corruption, despite tall claims by CM Kejriwal. The situation is equally deplorable in all societies of national capital
A K Saxena (A former civil servant)

Recently it was reported in News Papers that some RWA office bearers were not allowing Airline crews, Doctors etc to return to their own home. At some places tenants were asked to vacate their flats. Do the RWAs have power to take such decisions? Do they enjoy statutory powers?? In many private colonies (including DDA flats) RWAs have constructed gates on lanes/bylanes (these belong to MCD) and keep them Locked even DURING DAY TIME. This is against the guidelines/rules issued by MCD on the direction of High Court. They also collect money from Fruit/Vegetable moving Vendors for allowing them inside the colony!! Added to this, RWAs collect money from owners/builders while carrying out repair or rebuilding. Who has given them this authority? This is within the purview of MCD.
In multi storied apartments all over the country, as reported in News Papers, the associations prevents owners from letting their apartment on rent to Students, Bachelors, single woman or persons from certain religion/caste. Their plea is that such rules have been incorporated in their byelaws and approved by AGM. But the Basic question is whether such byelaws which are violative of our CONSTITUTION be legal not withstanding the fact that it has been approved by AGM? Unfortunately Registrar of Societies/Cooperative Societies do not scrutinise the bye laws thoroughly.
The recent Lockdown has also brought out the High handedness of RWAs (as reported in Papers).
In view of this I would request Government of India to issue fresh Guidelines for RWAs indicating what they can do and what they can not do immediately.
S Gopal

At the time of this COVID crisis all extraordinary efforts done by Central and State Govts. are highly commendable and any word of praise will be less, Yes I would express my gratitude by expressing that first time in the independent history of India such an expression and resolve of the state for welfare measure has been demonstrated. May i add that this is the situation where today India have more than 2-3 lakh MBBS qualified students are sitting idle at home for furthering their progression for higher studies but are at home without gainful employment and the irony is at this time of crisis their services could have been utilized to tackle this menace. I hope concerned authorities will take notice of this and make use of them.
Arun Sharma

Within the month of March India has transformed as the most livable place amongst mainstream countries in the world. Our habits of indiscipline, selfishness and divisiveness stand over powered by our deep rooted values of universal brotherhood and spiritual balance.
The hope that India is beginning to ignite for the rest- even in the wake of abject poverty and not so great health facilities- shows that love and concern are the best vaccines at least in the early part of the crisis of this kind. We need to maintain this fellow-feeling and self discipline if we have to emerge as an example to the rest of the world.
Ajay Agnihotri
Learn to live within means also means honesty !
Learn to live within means also means learn to live with the amount of money you legitimately earn. Never in the name of the Government exchequer or of the company's exchequer avail any illegitimate benefits. It could be in the matter of use of vehicles, having personal staff, stationaries or any form of any other similar type of benefits for personal purposes over and above the entitlements. The Defence personal of the countries are the worst lot in the country. For example for purchase of cheaper grocery items from the Defence canteens, they do not hesitate in burning petrol at cost of the exchequer. Government vehicles are used by the spouses to attend to kitty parties etc. and for the commuting of their wards from the Residence to Schools/Universities and back. Military Engineering Service (MES) is rated as the most corrupt Department in the Government of India. The other name of MES is 'Money Engineering Service".
BBS