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Whispers Forum

Debates, reader views and sharp takes on the issues shaping governance — a new conversation every week, archived by date.

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Forum & RTI 3,232 posts · page 197 of 270

Friday, 27 December 2019
Forum

Whispers Forum — 27 Dec 2019

DEBATE (1)
In my view, after Narendra Modi, Arvind Kejriwal, Nitish Kumar and Mamta Banerjee fall in this category.
Badal Garg
Treatment of LTCG in forthcoming Budget
The budget preparation is on and discussions are taking place at all levels. It looks very surprising neither finance ministry nor CBDT is worried about removal of LTCG on transfer of equity and equity oriented MF to boost market sentiments and increase consumption. There is no doubt economy is moving downwards and speed breakers like LTCG will create further problems and may result in crashing of stock market if irritants are not removed in the budget. It looks very surprising that income tax authorities are asking to fill up the details as per ITR 2 in case there is loss or LTCG is less than 1 lakh knowing well there is no tax liability. This is something unexplained even why such details are being asked in ITR. It gives rise to suspescion and may lead to harassment of tax payers in case of some mismatch. When we are moving to faceless scrutiny and pre-filled ITR regime why enter into complexity of asking the details without any tax obligations. If logic is further extended then nearly 35 crores people are required to file the ITRs to know that is there any tax liability on the income or not. Simply ask the information for reporting purpose as was being followed till FY 2017-18. Let the department to focus how to judge the correctness of income of professionals instead of asking un-necessary details on LTCG. There is no tools or methodologies available with tax officials to judge the correctness of income and tax obligations on professionals. There is differential treatment also in case of professionals and salaried class. Giving 50% rebate upto 5o lakhs income is no good idea to justify that there is expenditure on account of maintenance of office and staff etc. whereas in salaried class there is no such expenditure so no concessions. This is not logical. The standard deduction in case of salaried class is to be increased to bring at par with professionals for tax treatment. Excess flow of cash is also not good for economy in the country. This excess cash runs parallel economy and can be seen how big cash is being seized in raids. Govt. should consider no cash transaction of more than Rs. 10,000/-. Let it be digital or thru plastic cards as 90% people estimated are having bank accounts and Aadhar and they can be provided the facilities of any media for transactions. Govt. should consider removal of LTCG in case of equity transfer or equity oriented MF and may consider of increasing STT if necessary. Such policy oriented approach may increase the confidence of investors and will result in increase in investment and boost the sentiments which is very much required at this juncture to lift the overall economy. The mechanical approach like reducing repo rate will not boost the economic growth keeping in mind RBI to concentrate on Monetary Policies to maintain the price stability and control the inflation etc and Ministry on growth.
Naveen
Govt. attention required
These Assistant Commissioners were promoted on the basis of charity, to avoid stagnation, and 4000 posts were created for them on temporary basis. The same is being extended by CBIC as a goodwill gesture. Now, the same people, who have been shown generosity by the CBIC, are demanding for further promotion, knowing well that the ratio, as decided for the promotion posts as well as direct recruits, does not allow it. Are these promoted Assistant Commissioners, of 2014, as stated, willing for reversion to their earlier posts of Superintendents or Appraisers? If so, the government should think over it and revert them back, by abolishing 4000 posts created temporarily for them.
Vikas Singh
Why do always the most incapable get plum postings? Even post retirement?
Ashok Menon
Thursday, 26 December 2019
Forum

Whispers Forum — 26 Dec 2019

DEBATE (1)
Except Narendra Modi none because everyone thinks that country is in safe hands and corruption at the centre is negligible as compared to states.
L S Hardenia
DEBATE (2)
Except Narendra Modi no one is PM material in the country.
N Rawat
Nothing wrong
There is absolutely nothing wrong in mentioning coincidence of all the top three in MoF are from particular state Caste. It’s excellent journalism. Not at all offensive. Thanks for the information.
NVN
Thank you so much
Thank you so much for taking up the matter of promotion of Promotee ACs of 2014 (promoted on 22/10/2014) of CBIC. CBIC promoted them since there was requirement of Officers at the level of ACs, but now do not want to contaminate its blue blood under the bureaucratic jargon of adhoc, temporary. Records can be seen CBIC has been promoting officers on adhoc basis till the rank of Commissioners. How come vacancies for Direct Recruit ACs in subsequent years, in 2014,2015,2016,2017,2018 came out to be regular vacancies and vacancies for Promotee ACs who were promoted on 22/10/2014 and joined before Direct ACs of 2014, have been termed adhoc temporary. If you don't require services of Promotee ACs revert them, but don't humiliate them. As such in past PAC of Parliament has already indicted CBIC as "habitual litigant." It does not act without court orders. This Promotion Scam needs to be seriously investigated.
Dinesh
Wednesday, 25 December 2019
Forum

Putin doesn't stand a chance

About the global leader as of now, Putin doesn't stand a chance it has to USA, China or India..so if not Modi then Xi should be world leader though he is not in best of his times.
Kundan Lal
Happenings in the country quite worrisome
What is happening in the country is quite worrisome. First Assam erupted against NRC followed by other North-East states. After the passage of Citizenship Amendment Bill now almost the entire country is burning including the Capital .The brutal treatment of Jamia students by police where many students have been left with injuries, fractures and one with damaged eye is really condemnable. This has provoked students from other educational institutions to come out in support of these students and against the CAA and NRC. Some mischievous and anti-social elements seem to have infiltrated these protesters and indulged in rioting destroying buses and attacking police. Instead of assuaging the young students and reprimanding the police for entering the campus at Jamia as also in AMU they were encouraged to go ahead with harsh action against the students. Looking at what is happening one wonders whether we are a democratic country since the dissent is met with baton beating teargas shells and even detention and arrest. Democracy does not mean that we have election after five years and once voted the Government can do anything without consulting public opinion or we follow an agenda contrary to what people want and there is absolute opaqueness (as in the project for Central Vista development) where huge amount of public expenditure is involved people have the right to know and speak.
Aarti Khosla
Tuesday, 24 December 2019
Forum

CBIC discriminating

CBIC discriminating between Promotee ACs of 2014 & Direct ACs of 2014 & 2015. Direct ACs of 2014 have been promoted on 01/01/2019 & DPC for Direct ACs of 2015 has been done & order expected on 01/01/2020, again Promotee ACs of 2014 have been left out. Are Promotee ACs untouchables or only blue blood runs in the veins of CBIC ??? Revert them if you don’t require their services but don’t humiliate them by asking them to work under juniors. Gross violation of constitution !
Pradeep
Monday, 23 December 2019
Forum

Top positions in Finance Ministry

I am surprised to read this news item specifying that All Three are TAMBRAMS. Is it necessary to indicate the region and caste of Ministers and officials ? While we condemn the Politicians for using region, religion and caste for seeking votes, a website like your’s is also doing the same. Would request you to refrain from such words in your website .
S Gopal
Peculiar situation ahead in CBIC !
It will be peculiar situation in CBIC, wherein Direct Asst. Commissioners recruited in 2014 have been promoted to the post of Dy. Commissioner who have joined after the ACs who have been promoted on 22/10/2014 and now CBIC is going to do grave injustice & has done DPC to promote Direct Recruit batch of ACs of 2015 batch. For your kind information, Promotee ACs work as full fledge ACs from day 1 as they have rich departmental experience with them, where as Direct recruit ACs are put on 2 years probation to learn the job and thereafter 2 years promoted to the rank of DC. Will a Direct Recruit AC of 2015 who will become DC on 01/01/2020 will become boss of promotee AC who has been promoted in 2014, when even direct AC was not even not born in Department. CBIC is doing contempt of Supreme Court Judgement of Manipur Police Service. CBIC Chairman & Members have audacity to do such bungling under the nose of Modi Govt. It is a big news investigate & publish.
Rakesh
Saturday, 21 December 2019
Forum

Appeasement or blackmail of Muslims & Hindus alike ?

The ruling classes since 1947 have exploited most shamelessly both the Muslims and the Hindus. In India, this policy helped them win elections by frightening the Muslim minority in the name of the majority portraying them all as the communal and assassin of the Father Of The Nation, Mahatma Gandhi, and blackmailing the majority with extreme hatred for Jinnah, the person who divided the country and the society of Ganga-Jamuni tehzeeb. These rulers of New India had no love for either. They emulated the British in pursuing the policy of Divide and Rule with innovative improvements, vision and mission. They thought they would be able to rule India forever like the British Empire, over which the sun never set, and enjoy absolute power which would arouse the jealousy of even Aurangzeb in his tomb. Alas! Their dream has been shattered by a man called Narendra Modi. He was given the mandate by the people of newer India, freed from the slavery of these new India rulers. They are so disturbed that they exhibit hysteria making “foul is fair and fair is foul “true. The country was going downhill at an accelerated speed under these rulers, which has been stemmed. Both communities have given the mandate to Narendra Modi along with all others. They would have been spared the botheration had the National Institutes/councils for History, sociology, philosophy, anthropology etc. done valued research on these aspects of the constitution of the society in India e.g. its composition, bonding, divisions, fraternity, unity and peaceful co-existence for centuries. But they have failed to do their duty with the result students go on strike and people damage public/private property out of ignorance. Had these national institutions done world class research, the new generations would have been educated and the international bodies issuing ridiculous statements threatening sanctions would not have dared talk. The Triple Talaq Law proves the point that the ruling class was not only exploiting suffering Muslim women of India for 70 years since independence but are dead opposed to the legislation even today. They are awfully superficial but in the absence of reliable information from respectable quarters like these national institutions, they market their ideas to create confusion, chaos and anarchy in order to derive political benefit out of it to keep continuing ruling the country/state. The people of both India and Pakistan have suffered due to the unholy machinations of the rulers of respective countries after 1947. Pakistan has established the army rule in Pakistan, which enjoys unlimited power to hang their elected prime minister, shoot a woman prime minister, exile a third prime minister and threaten to execute a former military ruler. They had already blasted an earlier military ruler. Only genuinely innocent & naïve often ask the political purpose of communal politics. These points need to be kept in view while debating purposes and intentions of the rulers in both the countries thriving and prospering playing communal politics.
M L Gupta
Congratulations !
Congratulations to N Srinivasulu Garu on being selected as D (F) for the BDL.
Rangineni Sudhakar Rao
Fasteg’ problems
Sir fasteg sa dusra laine lagagi or diesel Barbad hoga or energy time Baker hoga
Jitesh
Friday, 20 December 2019
Forum

“Garner votes; To hell with Good governance ?”

The union government’s decision to regularise 1728 unauthorised colonies in the national capital, benefiting 50 lakh Delhites, is highly disturbing. The mercies have been bestowed on ghetto-dwellers, the depressed and chronically poor people who have been living in slums for decades. Another shocker. The regularized slums are devoid of bulk municipal services like pucca roads, houses, potable water, sewer lines etc. Political gimmicks before the impending elections in NCT, Delhi. Unfair for the ruling dispensation to take credit by simply issuing ownership certificates ? No substantive works. Ours is, perhaps, the only country in the world that brought in a new legislation, as a tribute to bad planning.
Conferring land rights to property owners in 1,728 unauthorised colonies at a nominal charge. Nothing unusual. The move comes in the wake of a series of populist measures, freebies announced by Kejriwal sarkar.
DDA is to start conferring ownership rights after 90 days at throwaway rates of 0. 5% of local circle rate for properties measuring less than 100 sq mtrs and @ 2.5 % of areas measuring larger than 250 sq mtrs.
No Government decision is perfect. These always have loopholes, black holes for exploitation by sly, manipulative forces. The unquestioned authority of the elected Executive on the pliable appointed Executive (bureaucracy) and the latter’s propensity to oblige the corrupt politicians for getting undeserved promotion and juicy postings on quid pro quo basis. A favour for a favour.
A K Saxena (A former civil servant)
Govt should provide platform to common people
Government should launch a website on which common people should be able to easily load pictures & movies of atrocities being committed by the Policemen and Government officials (especially misusing office perks & facilities for personal purposes) on regular basis. This step will keep them on check.
BBS
Thursday, 19 December 2019
Forum

CIC has not shown any crusader type of work

The CIC has not shown the crusader type of work which it was supposed to do. Cases such as this should have brought out the mercenary zeal in the Information Commission but alas ! it has gone into stupor. The Information Commission must come out of its somnambulism and take a decisive step in such cases to clean its own house. Otherwise, it would be bereft of all the dignity associated with the office and reduced to any ordinary government office.
Swami Periyar
Can RTI applicant get copy ?
Can a copy of inquiry report submitted to Government for final decision, be issued to RTI applicant ? Kindly advise us.
Sudhakar G
Wednesday, 18 December 2019
Forum

Unfortunate state of affairs in D/o Revenue

Most unfortunate state of affairs in D/o Revenue. The service conditions for appointment of Chairman and Members are being changed very frequently during the last decade. Sometimes it is 1 year, other time it is 6 months for these appintments. Service conditions for these appointments are being subjected to change very frequently leading to having one or two Members in each Board for months together. Most of the time incompetent and corrupt make to these posts then the honest and capable. All DOPT rules are being flouted in both Boards and DOPT consultaton has been minimal as it doesnt suits them. In field more than 50 % of the posts at the level of Chief Commissioners, Commissioners etc. are unfilled and then we cry for that revenue realisation under GST is not being met. Some hard honest decisions are required and honest officers need to be given priority then manipulators.
Ravi
Tuesday, 17 December 2019
Forum

Is the country heading towards student unrest ?

Political upheavals against Citizenship Amendment Act (CAA) notwithstanding, more worrisome is the increasing number of students hitting the streets across states, to express solidarity with the students of the Jamia Milia Islamia and AMU protesting against the amended Citizenship Act. If students from IIT Kanpur and IIT Bombay have protested against the police violence, those from the Tata Institute of Social Science (TISS) and the University of Mumbai have denounced the central government over CAA and also the proposed National Register of Citizen (NRC).
S Sharma
Elected Lawyers Questioning Non-Elected Judges?
The Congress Party leaders are questioning the wisdom of the framers of the constitution of India by asking this silly question while raising political din about the CAB. Let them answer this simple question: were the constitution makers so foolish as not to know that elected representatives in independent India would be brilliant to intimidate the same “unelected judges” by their knowledge of law, even when they are on bail? They too had the privilege of having the legal luminaries to contribute to the making of the constitution. If they gave the power to the courts to declare a law null & void, they were more than well aware of the situation prevailing and likely to crop up in future as the country was going for a cabinet form of government in a democracy founded on popular vote for the first time. They were, by any standard, wiser than those politicians who grudge the unelected judges who send the elected leaders to jail under the constitution and Rule of law. Was the Constitution of India “communal” that some puny brains decided to introduce “secular” in the preamble? Was it not questioning the framers of the constitution? Was the Indian constitution “capitalist” that the word “socialist” was fastened to the preamble? Did it not amount to an insult to the makers of the Indian constitution? On CAB, “political reasons” are being debated. Carry on without forgetting local monopolist traders on the borders selling/buying hilsa, beef, rasogulla, fresh vegetables, cheap labour, trafficking, crime syndicates, fake Indian currency, modern slavery, rigging elections and organized crime. Those seeking reasons never raised their voice when atrocities were being perpetrated on those being sought to be protected. Not aware if the community in whose name opposition carries on the debate are being persecuted in Pakistan, Bangladesh etc.? For the sake of India, please stop indulging in dirty communal politics now or fear the wrath of the voters. Politicians are responsible for dividing the country and society. What do they want now ? ISIS to come to India and take it over without any resistance ?
M L Gupta
Monday, 16 December 2019
Forum

“Rapes Galore; Enough is Enough”

Four Telangana rapists killed in police encounter.Country in euphoria, celebratory –dancing mood. Hyderabad Police hailed for ‘ timely action’
Unfortunately, the Unnao gang rape victim died of 90% burns in a Delhi hospital last night. Country is sullen and depressed. A police cop was allegedly caught in a sting operation by Republic TV while destroying real evidences and fabricating fake evidences before filing report. The Public is hugely outraged .
The incredible was yet to come . A five year old girl has been reportedly raped in Bihar’s Darbhanga . Keep counting . Another inhuman act in Uttar Pradesh. A 14-year-old minor teenager was held hostage in a farm, and was gangraped in UP’s Bulandshehr . Rapists reportedly arrested.
Hyderabad’s Good Police V/s Bad police of UP, Bihar, controversy. Rapes have become a national curse. Politicians have no time to visit the aggrieved. Chief ministers have no time to spare as they are busy politicking, wooing voters, wasting tax payers funds.
Strangely, no one accuses the Judiciary for delaying the prosecution of the accused by granting frequent adjournments on flimsy grounds. All Lords to themselves, not accountable to higher courts or the public.
No one blames the political and administrative Executive in Union Home Ministry for delaying processing of mercy petitions. All must be identified and prosecuted for non-performance. In the Nirbhaya case, MHA officers and successive union home ministers should be held accountable and punished for dereliction of duties. Conduct a case study in the Nirbhaya case and analyse the results.
Police, across the country is usually corrupt, inefficient and unprofessional . It is rarely effective and co-operative. Always interested in out-of-court settlements and extracting money from both parties.
Change Laws
Law makers in consultation with top Judiciary ,must change the laws relating to outraging the modesty of women by covering the following aspects :--
(a) All criminal proceeding must be completed within three months by the fast-track courts on day-to-day basis without adjournments. Delay must attract appropriate punishments. With no faith in the Rule of Law, the outraged public demands time-bound executions ;
(b) Death penalty must be the Rule rather than the Exception.Life sentence is a liability on public exchequer.They all emerge as hardened criminals. Punishment like physical and chemical castrations do not eliminate the menace of rapes;
(c) The juveniles and adults must be treated at par for applying the Laws ; No distinction, based on age criteria. Instant gratification is the common factor ;
(d) Level of Inquiry Officers (IO) must be upgraded from Sub-inspectors to SHOs (Inspectors). Normally, hawaldaars are sent to crime sites for inquiries
(e ) Laws on granting bails must be made extremely stringent in cases of rapes,molestations and other acts of outraging the modesty of women;
(f ) Duty officers in all police stations who dilly dally in filing FIRs,complaints to fudge records to show low crime rates or even refusing to give a patient hearing to the victims and their kins,must be identified and sacked straightaway.They do not deserve milk of human kindness by applying the Principle of Equity and Natural Justice. Instal Audeo and CCTVs at all police stations for factual recordings.
(g) Surprise checks of thanas’ functionings by senior officers and usually absent beat constables. They are more interested in collecting haftasThe senior police officers are usually more crazy about appearing on TV channels for briefings,sometimes irrelevant. Let such jobs be left to SHOs with Questions and Answers by the media and public .
(h) Quantum of punishment like life imprisonments and/or death penalties, must be finalized and executed within three months.
The public is feeling hugely outraged by incidents of rapes from Telangana’s Hyderabad to UP’s Unnao to Bulandshehr and Bihar’s Darbhanga. All in quick succession.
The rage is not impotent, this time. The Public must keep up the pressure on Law makers,Judiciary , political and the administrative Executive must take the call.Media will ,no doubt continue to play its role,as always.
A K Saxena ( A former civil servant)
Vaidya to be IOC Chairman
He is most competent and knowledgeable person to lead the company in this crucial stage of the country
Manoj
RTI

Weeding out the records which cannot be destroyed

The Appellant sought copy of order of the Central Information Commission vide File No. CIC/WB/A/2006/00566 dated 19.04.2007 alongwith certified copy of the documents etc. He stated that he is not satisfied with the reply of the CPIO that the relevant file records have been weeded out because under the Evidence Act, the Public Authority does not have the power to weed out such records. The CPIO submitted that records pertaining to the relevant Second Appeal have been weeded out and the Appellant informed accordingly. The CIC held that it is not in a position to order any relief in the matter because the records sought are not available.
Comments
It is surprising to note that the CIC has not looked the question whether it had the power to destroy the records and if not so, who was responsible for directing the destruction of the file.
Citation: Vijay Pal Singh v. CPIO, Central Information Commission in File No: CIC/CICOM/A/2018/135290, Date of Decision: 05/12/2019
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. Her other articles can be read at the website of RTI Foundation of India at the link: - Right to Information Act 2005- RTI Foundation of India.