Whispers Forum

The appellant prayed before the CIC that the Unit Run CSD Canteen may be declared as a public authority under the RTI Act, 2005. The respondent submitted that Unit Run Canteens (URCs) were established with the purpose of providing consumable stores to the Defence personnel at a price cheaper than the market as a welfare measure. They are run by the funds of the formation/unit which are Regimental funds created through contributions from the defence personnel as per statutory rules provided in service regulations. The Respondent categorically stated that URCs are in no way funded by the Government or from the Consolidated Fund of India. The URCs pay rent and allied charge at prescribed rates for utilisation of premises and other services. The URCs are managed through a Standard Operating Procedure formulated by the URC management Committee. The CIC observed that the URC is not a creature of statute. The URCs are run by Regimental Funds which has been held by the Courts to be non-public fund. The Government does not exercise any direct or indirect control over it. The three-fold test of Creation, Finance and Control of an organization as outlined in the definition clause of Section 2 (h) of the RTI Act is not established.
Comments
In the case of R R Pillai, the Apex Court had held that URCs are purely private ventures and their employees are at no stretch of imagination employees of the Government or CSD. There is no statutory obligation on the part of the Central Government to provide canteen services to its employees. The profit generated from URCs are not credited to the consolidated fund but are distributed to the non-public funds which are used by the units for the welfare of the troops.
Citation: Shri Daya Shankar Shukla and others v. Ministry of Defence in F. No.CIC/LS/A/2012/000665 CIC/LS/A/2013/001914 CIC/RM/A/2013/001287 Date of Order : 25.05.2016, 15.03.2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of 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 - Right to Information Act 2005- RTI Foundation of India

Excellent policy of PM for IAS and all other 36 organised services. This shall eliminate 'Chaatukarita' business of most officers, especially IAS. An officer, in addition to being liked by his superiors/Minister should also be a good human to be liked by his colleagues and Sub-ordinates/Juniors so that a team-work culture prevails. There are some IAS officers, even at Additional Secretary level, who insist that sub-ordinates of his work team should take prior appointment to meet him even for official work. He desires to follow kingship of his State cadre. Is this not British legacy of Slavery in Swatantra Bharat of Modi.
Bharat
Successor for C M D /O N G C
D K Saraf , present CMD of ONGC will be handing his boots soon and the search for his successor is on. Many aspirants are likely to be in the run and must be pulling strings and contacting their Godfathers for their blessings for this coveted posting of the most powerful behemoth. ONGC is the leading Maharatna PSU and has a pride of place . To head this organisation would be anybody's dream on account of the status that the post carries. In the energy sector ONGC has a very important role . While there can be arguments both ways- to bring an outsider so that he does not have any bias or undue preferences or to promote an officer/director from within on account of experience. I for one , having worked as Executive Director Security and Vigilance for 4 years , then as Advisor (Security) to CMD for good 8-9 years nd finally as an Arbitrator /Conciliator for good 7 years feel that an insider should be the choice. Reasons can b many, e g. he has grown with the organisation and would know better its strength and weaknesses, his equation and bonding with the staff would be an asset for him. He would know the subtle nuances and work culture very intimately. The loyalty of the staff would be already there. Since he has grown with th organisation, his own emotions would be for this organisation and would do his very best to take it to august heights. I am, therefore, a votary for an insider.
S C Agrawal
Director General of Police (Retd.) M.P.
Ex. E D Security and Vigilance, Ex. Advisor, Ex, Arbitrator/Conciliator.
Prompt response required from Income Tax department.
While the Income Tax department insists on the taxpayers filing their annual returns by the due date and lays down heavy penalties for any delay, they do not show any such dispatch in disposing of the returns so filed by the tax payers. Returns filed in April this year are still pending there even after the elapse of two months. Is the ITD waiting for the last date for filing viz July 31 to be over and if so, why should they wait till then? Isn't the taxpayer entitled to an early and time-bound closing of their returns filed so that they can put it behind them and attend to other work?
M S Krishnan

Recent CBI raids at the offices and residence of promoter/owner of an independent english TV news channel invited massive criticism of present political dispensation. Vehemently opposed to PM Modi these self-righteous media persons assembled at Delhi’s Press club, attributing raids to “ Political vendetta, Attack on Freedom of Press " etc . Utter nonsense. This is the conduct of captive media that boasts of independence.
Paid media. Bunch of economic offenders. To get at the bottom of the truth, why not look at the meteoric rise in the net worth of certain journalists. ? Compare their IT returns for the FY 2003- 04 with those for FYs 2013-14 synchronizing with UPA era of no-holds-barred corruption.
All aided and abetted by the Congress-led UPA. Their mandate was to file stories that promoted the financial and political interests of the then ruling dispensation. This included brokering for cabinet berths in collusion with corporate lobbyist. Radia gate is not forgotten. It is a part of Indian history of modern journalism, full of intrigues and machinations.
A K Saxena ( A retd civil servant)

Why are officers agitated over the new empanelment policy? Your information is incorrect. The officers of the IPS and the Indian Forest Service are not at all agitated over the new policy. They are very happy with it. For years, the posts of the Central Secretariat, though open posts and meant as per rules to be manned by selection from 37 services, were manned exclusively by the IAS, by hook and by crook. Under PM Modi, this wrong has been corrected and for the first time, justice is being done. The IPS and the IFS(Forest) are also getting opportunities to man senior positions (along with services like IRS etc), for the first time (though as per rules, they should have been doing so earlier as well). They are all very happy. Even the IAS is not unhappy. Only the lazy and corrupt among the IAS are unhappy because the days when they were the lords and masters and could get everywhere just by kowtowing to their corrupt bosses are over.
Vijay Kumar
DEBATE (2) 360 degree assessment
I had already commented in your Forum on the unfairness of the 360 degree approach in the empanelment procedure as adopted by Government of India. I know of a few excellent officers who have not been empanelled as Joint Secretary simply because some disgruntled junior of theirs or some service colleague out of jealousy or a boss whom they did not please with sycophancy gave a bad opinion about them. In any case there is so much secrecy about this. Lack of transparency in the entire exercise is not a feature of good governance. I do not know who advised on this practice which started in Germany during World War II for military personnel copied by USA and then given up in these countries has been picked up by us. The procedure certainly lacks objectivity and must be given up. As a matter of fact officers who were not empanelled because of 360 degree inspite of having good track record should be given another chance by reviewing their cases. They should at least be provided with the opinions given by others so that they can clarify why so and so could be against them. Quite possible those opinion givers are themselves dishonest or corrupt.
Aarti Khosla
Respect after retirement
We live in an age of total bureaucratization where respect is neither earned nor given. Getting respect from one-time juniors, post retirement, is a rare honour. One should count one’s blessings with gratitude.
Attitudinal change in youth is a natural phenomenon in all departments- government, public, educational institutes etc. Retirees are not mandated to supervise jobs, nor record entries in APRs of the youth who served under them possibly sycophantically. Authority is necessary to “ extort” respect.
Merit , more often than not, becomes the casualty while Mediocrity laced with pliability, yawning sycophancy thrive in govt offices. Universal law. Irreverence on part of one-time juniors is to be pitied not hated. The aggrieved retirees can only appreciate the pleasure of being let down.
The retirees have no divine right to demand respect from their one-time juniors. It is too late to inject sanskaars into them. Best policy is to avoid visiting offices where one had served. We count ourselves as a force of 55 lakhs retired civil servants and deserve to be treated with dignity after having spent 35 to 40 years of service.
Let us petition PM Modi to suggest that “All acts of Irreverence by serving employees to retired employees”, must be declared “ Misconducts ”, attracting minor penalties.
Let us not lose hopes and fight for our self-esteem.
A K Saxena ( A retd civil servant)

I think this is a welcome step. Any individual has to be assessed on his capability as a Leader, Team worker and subordinate. 360 degree assessment would judge an individual officer on all these qualities. Today most of the officers become YES MAN to their boss and put all blame on their juniors. To eliminate personal bias, views of three juniors and three colleagues should be obtained. IF there are more than three juniors or colleagues, they should be changed every year.
S Gopal
They can’t rise above party politics !
I agree that such behaviour is indeed very wrong, and an affront to the people of India, especially as this party to which they belonged is mired in controversy on this newspaper issue. They have demonstrated that they cannot rise above party politics.
S Chatterjee

DEBATE
This pattern is not fair. People only settle scores with the colleagues.
M C Narang
Respect after retirement
As per my observations, in India people worship power out of fear, whether God or human being. If it is respect, it will be after retirement also. Even to temple or Masjid or any religious place also visit is out of fear not otherwise. Though it is true but not a healthy attitude. Till we hold any post, people give because Boss should not harm. After retirement, no risk so no respect.
Kalp Nath Ram, Ex GM, BHEL
“Blunders of President, Vice President of India”
Vice-President Hamid Ansari’s launchingof a commemorative edition of The National Herald ( NH) on June 12 in Bengaluru in presence of Cong Vice President, is reprehensible particularly as the case is mired in controversy. The Karnataka assembly session , dominated by the Congress, was even cancelled. An official launch of the edition and formal print relaunch of the newspaper is fixed in Delhi on June 20.The Delhi meet will be graced by President Pranab Mukherjee. The President / Vice President belong to the nation. How did they allow themselves to be hijacked by the Congress for earning political brownie points? Their participation was ill-advised. An open affront to people of India. Is the Congress party intending to legitimize the alleged money-laundering in NH case by the Nehru-Gandhi dynasty? The Public is not naïve.
A K Saxena (A retd civil servant)

DEBATE
Old pattern of empanelment was better than this new pattern.
V K Rao
Forces out to create trouble in India
I agree that the forces are out to create trouble in India. Now we know what had happened a thousand years ago, in the time of Prithviraj Chouhan. However there was only one Jaichand then, who got a bad name. Today there are a few hundred , willing to sell the country for personal gain. Today a bunch of 65 ex bureaucrats have criticised the government in an open letter. Well as one such retired bureaucrat , I feel ashamed at their activity. This is the same bunch who connived or abetted or at best looked the other way, when corruption was rampant under UPA|Left government, and in return received patronage. Why did they not raise corruption issue then ! Now having lost their patronage and importance, and suffering from impotent rage, they have at last found an opportunity to join the award wapsi /intolerant brigade, only they have nothing worth any consequence to do wapsi. Who are they trying to fool ! Fortunately the people of this country are vigilant now, and so all their efforts of last three years have gone in vain, and the NDA have improved their support from people , even after three years, and hopefully more support in 2019 ! Their anger will only increase over time, as they realise, that there are no takers anymore of their concern !
S Chatterjee
Opposition draws blood in Mandsaur
Agreed that the opposition/Congress created the violent situation in Mandsaur. So what ? What were they expected to do ? Celebrate three years of successful Modi government ? Nonsense. They have been preparing for long to draw blood but Modi outwitted them for long. The designer protests in Mandsaur were just a field trial for many more "Serial Eruptions of Violence" before 2019 (to be precise before July 2018) to "stop/check" Modi/BJP. A lot of planning, strategy and logistics goes into planning such spectacular strikes. People know the tricks of the decades of the 1960s/1970s. So, there is nothing new in the Mandsaur or similar acts in Maharasthra or elsewhere. It is for Modi to be alert 24x7. Funnily, they are calling it farmers strike. They have forgotten "peasants" in their new youthful "socialism/ progressivism". But for numbers for election cropping, they don't even understand the plight of the peasants. The public has to understand the dangers posed by anti-national forces in collusion with anti-India powers operating from abroad keen on dethroning Modi as early as possible, but before 2019 at all costs. The RSS/BJP dimwits seems to be only helping them achieve their goal. While the BJP, especially Prime Minister Modi dropped caution just for a while, lost in celebrations of three successful years in power, the opposition got the best opportunity to draw blood. And they have struck with so much force that the government is on the defensive, writing silly articles to drum the good work done to the farmers. Moralising is no substitute for palpable benefits. Correct course straightaway rather than targeting scapegoats or be ready for shocking incidents like attacks on hospitals and schools. This time they will not show any mercy.
M L Gupta

The services of the appellant along with two others were terminated from the Central University Jharkhand (CUJ) by its Second Executive Council vide Resolution dated 14.09.2013. This group of terminated employees of CUJ together with others had been making complaints to various authorities seeking to declare the constitution of 2nd Executive council as illegal. They had together filed around 450 RTI applications (online) and 400 appeals (online) under RTI Act, 2005. All these applications sought information on alleged corruption in the CUJ, Constitution of Second Executive Council (EC) of the CUJ, amendment to the statute relating to EC, fund release to the CUJ etc. The appellant informed the Commission that he had been reinstated and he did not have any complaint against the CUJ. He further stated that the CUJ authorities had taken proactive steps to provide him the information that he sought and requested the Commission to allow him to withdraw all his appeals listed to be heard on 20.04.2017. The CIC allowed him to withdraw the appeals.
Comments
The case highlights how the RTI Act has been used by an employee to get his job back. However, the CIC appears to have been (mis)used in the matter as the alleged corruption in CUJ remains under wrap. If the information sought was not exempt, shouldn’t the CIC asked for putting up all the information on the website?
Citation: Shri Kumar Pankaj Anand v. Ministry of Human Resource Development in CIC/SA/A/2015/901302/MP, Date of Decision: 08th June, 2017
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is the co-author of the books: RIGHT TO INFORMATION – LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at - Right to Information Act 2005- RTI Foundation of India

Farming Violence...who & why on WIC 8/6/17 hits the right nail into the right place. The shallow journalists, especially of the TV variety, have ignored the "design" behind the organised violence till election-2019. Mandsaur is just a small field trial. Things will be worse. As the BJP is celebrating 3 years of success, the opposition is ruing 3 years of failure. The foreign forces will not allow Modi to repeat 2014 in 2019.
M L Gupta
Let IRS officer be EO
Non IAS as EO this time Very rightly said. A lot of imbalance in the civil services would be obviated if non IAS is made the Establishment officer. IRS officers would be best suited for this job.
Vijay Kumar
Amitabh Bachchan praises Vipul Mittra on action for traffic violation
Right Message to Habitual Traffic Rules Violators.
R K Nagpal

Raj Kumar
“Fraud on 55 lakhs pre- 2016 Pensioners”
The 7th Central Pay Commission had recommended that all Pre-2016 pensioners must be compensated for number of increments they had earned in the retiring pay scales by giving them 3% of basic pension per increment.
The Cabinet, it is understood, was inclined to accept the recommendation .
But, it was misled by officials who expressed helplessness in implementing 7th Pay Commission's recommendations on the plea that details of pensioners were not available for computing the increments-based hike in pensions.
DoP&T (Pension & Pensioners Welfare wing) quietly and promptly issued orders vide OM No.38/37/2016-P&PW(A) dated May 12, 2017. Thistook all pensioners by surprise and shock. All were hoping against hopes for hikes in pensions.
Was the omission clerical, committed without fact-checking ? Insiders reveal, on condition of anonymity that some DOP&T officials not familiar with the accounting procedure, misled the political Executive, citing non-availability of pensionary records. This was far from truth.
It is clarified that requisite pensionary details are lying intact in offices of four custodians, namely (a) Pension Payment Order (PPO) issuing authority ; (b) PAO of office from where pensioners had retired; (c) Central Pension Accounting Office, New Delhi and (d) Central Pension Processing Cells of banks from where senior citizens receive pensions.
Officials were rewarded with a pat for saving public exchequer by duping the Cabinet and the pensioners. This led to the anomaly. Post-2016 pensioners are receiving pensions far higher than their seniors who are pre-2016 pensioners.
PM Modi is urged to revisit the case, order investigation into the oversight and restore the rightful claim to pre-2016 pensioners.
A K Saxena ( A retd civil servant)

DEBATE
Everything these days depends on utility. This is suffice for this topic.
Ramalingam
Arrears for Kendriya vidyalayas employees not finalized
7th CPC was implemented for over a year back and after six or so on 13.1.2017 notification was issued for autonomous organisations. Even after a lapse of around 6 months arrears for Kendriya Vidyalayas employees has not been finalised. In these circumstances start blaming the PM and the concerned Minister for no fault and Govt's at the helm of affairs are always the traget of hate of inaction of the bureaucrats for no fault of theirs. Can anybody enlighten even after a lapse of one year why this has not been implemented. Is this the seamless Govt. functioning. Why can't HRD officials decide in 6 monthsimplementation of 7th CPC implementation for Kendriya Vidyalayas employees who are around 50000 and if we calculate their families as well around 2 L people are blaming Central govt for non implementation of CPC. Can some corrective measures taken to implement it in a faster way so that this resentment of teaching community can be addressed and officials responsible for non-implementaton taken to task for better judgement.
Ravi
That attitude makes all difference
Havan & Gavan Public service for the honest is like performing a Havan, meaning sacrificing everything for serving the people as mandated by the law. There are many who consider it an opportunity to steal public assets and convert them into their own property. That attitude makes all the difference. Respect or cold looks depend on whether someone is giving aahuti in the Havan throughout service or indulging in Gavan. Depending on the majority the government gets the public approval or disapproval (Duston kaa prakop badh jaaye to sarkar bhrashtha ho jaati hai aur sajjanon kaa prabhutva badh jaaye to sarkar achhi hoti hai).
M L Gupta

DEBATE
It’s a question of feelings. The new generation has no feelings.
A K Verma
Why should only IAS officer be appointed as EO?
This time ACC should appoint a non IAS officer as EO to ensure that all services are treated equally.
S Gopal
CIL CMD
It looks like the selection board only wants insiders, who are already working with Coal India or its subsidiaries as CMD. Why then the whole exercise of calling for interview, except to show off. I feel that the selection is already made for this organisation. PM sir, PMO are you aware of the happenings in one of the biggest public sector companies.
Amarjit
“Amendment is discriminatory, bad in Law “
Changing a 50 year old rule, GOI (DOP&T) sets a deadline of six months to complete probe of govt babus in corruption cases. It has amended Central Civil Services (Classification, Control and Appeal) Rules, 1965, by laying down a time-line for intermediate stages of investigation and enquiry proceedings.
But, why is MOS ( Personnel) trumpeting this as part of his three years achievement? Why, so much media hype? Analyse ground realities. CVC’s perennial concern over delay in expediting corruption by adhering to time- schedule for completion of disciplinary proceedings is ignored by central ministries. Though, a Statutary body, CVC is treated as a tooth-less tiger. Consider judicial pronouncement. Supreme court’s judgement of Dec 16,2015 ( ( Prem Nath Bali V/s Registrar, Delhi High court )directedthat every employer, State and Private, must conclude departmental proceedings against their delinquent employeeswithin six months. So, what is new? Orders should have been issued in 2015 across the board.
Anomaly. Why create a dichotomy between All-India and Central services? It is not clear why All-India services : IAS, IPS and IFoS—and a “few other categories “ of officers, are not covered under the amendment. Are top babus from elite Services , never involved in big-ticket scams. Orders may not stand scrutiny in Courts of Law on sheer ground of discrimination. All employees, irrespective of Services, must be treated at par. Right to Equality before Law
One wonders whether penalties are laid down for defaulters (disciplinary authorities or delinquent officers) for non- adherence of stage-by stage schedules. Obfuscating proceedings before the Inquiry Officers (IO), CATs and Courts, are common. Lakhs of corruption cases are pending before CATs , courts for years. Adjournments and bails are granted on flimsy grounds. There is a flourishing racket involving lawyers and corrupt judges. Action may be ordered by the Hon’ble CJI to reduce pendency by fast-tracking CATs and Courts’ proceedings. All adjournment cases must be scrutinized by High court judges and subordinate judges reprimanded, wherever required. Considering the totality of circumstances, DOP&T’s amendment orders are discriminatory, facetious and out-of-sync with GOI’s stated policy.
The Single Point directive, struck down by Supreme court, was restored by GOI through legislative route. Rules require prior sanctions of GOI and CVC, before initiating enquiry against officers of the rank of Joint Secretaries and above. What will be the impact of amendment on corrupt top officers who enjoy immunity from CBI preliminary enquiries? Selective application of rules to target specific Services is unjust and unfair unfair.
A K Saxena (A retd civil servant)