Whispers Forum

Newspapers are reporting in the last 15-20 days, allegations-counter allegations , against the PM and CM of Delhi on the alleged lavish spending on the renovation/repair of the official residence of the PM and CM in Delhi. Maintenance/renovation/repair of official houses are done by CPWD or State PWD. There are guidelines issued by the Government, which stipulate the expenditure that can be incurred on various official buildings, houses etc. These are sanctioned by competent authority and carried out by CPWD/State PWD. Therefore only these two authorities: CPWD/State PWD can tell the exact amount spent on the renovation/repair of the two houses. If they had deviated from the guidelines, who authorised/permitted the deviations and how they adjusted it in their account? Those are the people who are responsible for the alleged lavish spending on these two houses and not the occupants of these houses. These are the official residences of the PM and CM. The future PM and CM will also occupy these houses.
S Gopal

The appellant sought information about installation of Digital Programmable Water Fountain with RGB Lights and other related information. Before the CIC, the appellant contended that the PWD has not informed the amount of photocopy charges which is to be deposited to obtain the information. The CIC observed that it is a serious lacuna on the part of the Respondent in giving incomplete information to the Appellant. Not informing the exact amount of photocopy charges and the process for depositing the same amounts to obstruction of information on the part of the Respondent under the RTI Act. The CIC directed the PWD to be cautious in future and ensure that such lapses do not recur. The CIC further noted that the first appeal of the Appellant was duly received in the office of the Public Authority and directed the Respondent to be careful and sure while making any submissions before the CIC. The CIC directed to inform the exact number of pages which is to be given under the RTI Act along with total amount and mode by which the same is to be deposited by the Appellant. The Respondent was directed to provide information to the Appellant within a week from the date of receipt of payment. The FAA was further directed to ensure compliance of the order.
Comments
The PIO must be cautious and inform the applicant about the quantum of fee to be paid along with the details of calculation how the amount has been arrived at. In this case, the CIC could have taken resort to Section 7(6) of the RTI Act to order providing the information free of cost to the applicant due to the delay. Section 7(6) reads, ‘Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits.
Citation: Piyush Sharma v. O/o the Executive Engineer (E), PWD, New Delhi, File No: CIC/PWDDL/A/2023/132711; Date of Decision : 29.10.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com

Lot of posts are appearing regarding shortage of IAS officers. If that be so, let IAS officers posted on deputation in Central Government be repatriated to their cadres. And equally brilliant PCS officers of State Service be promoted as IAS to fill the gap. Why PCS officers are given 3rd degree treatment by IAS, similar to torture by British to Bhartiyas. And in Centre there are direct recruit Class one officers of 36 organised services who can man the senior posts of JS, AS, Secretary and Cabinet Secretary. Why monopoly of only IAS in Centre and State administration? Monopoly of IAS in higher central posts is being gradually removed by PM. Hope monopoly of IAS ends soon, like British masters were removed from Bharat to protect Bhartiya natives. Jai Hind.
Bharath
IAS officer Ghuge's dream
Good initiate! Appreciate your work, thoughts and process towards woman empowerment. Great! Keep it up. All the best.
Prafull Deokate

Responding to certain petitions the honorable Supreme court in the years 1980, 1990 and 1995 passed orders restricting the use of handcuffs, holding them to be inhuman, severe and arbitrary. It was directed that the use of handcuffs should be an exception and can be replaced by putting a security ring of policemen around the accused. The severity of the offence should not be the basis for use of handcuffs which should be used only if there is a real and immediate danger of the accused wanting to escape. A thorough assessment should be made for this purpose which should be recorded in writing and presented in court along with documentary evidence. If it is found that the police have used handcuffs without valid reasons and not conforming with the guidelines by the Court, then it will be considered a violation of human right.
As a result of these extensive and strict orders, the civil police all over the country seem to be playing on the safe side and have almost stopped using handcuffs. Though significantly, handcuffs have not been abolished officially and are available in the police stations and lines. The title of the article in TOI of 27th November 2024, “Khaki under threat: In two years 33 cops lost their lives on duty” highlights the serious risk of being run by policemen while apprehending criminals, especially at night. Policemen in the democracies of western Europe and SE Asia have a pair of handcuffs hanging from their belts, which are used to subdue a law breaker immediately on arrest, so that the threat of assault is minimized. In these countries, the public views the use of handcuffs as a signal that the detained person is no longer free to do as he pleases and not as a degradation of his dignity. Perhaps the heavier wrought iron handcuffs available with the Indian police are not a welcome sight and they could be replaced with modern light weight aluminium alloy handcuffs.
Further, persons accused of rape, murder and even terrorists are being transported and produced in courts in India mostly without handcuffs. The sight of rapists, murderers or terrorists being escorted without handcuffs does not evoke the fear of the law in other wrong doers and is not very reassuring to the law abiding citizen. Forming the security ring around the accused also ties up precious manpower, which otherwise could be used for policing on the ground. Police hold the criminal’s hand and escort him. A compromise with the honorable Court’s orders could be that one end of the handcuff is put on one hand of the accused and the other end is held by a policeman. There are extensive guide lines in Police Regulations of most states and these could be amended accordingly.
More than a quarter century has passed since these orders were passed by the honorable Supreme Court and in the meanwhile increasing population and urbanisation, misuse of social media, newer and deadlier methods of committing crime and an unstable international situation conducive to terrorism have vitiated the law and order situation manifold, as witnessed in brutal murders, rapes where even minors and elderly ladies are not spared, serious accidents caused by drunken driving or over speeding by habitual offenders driving luxury cars etc. call for a stricter response by the police. Easing the norms on the use of handcuffs by the honorable Supreme court could be one way of enabling the civil police to enforce law and order more effectively. The honorable Union Home Ministry and the state Home departments on the request of PHQs could petition the honorable Supreme Court in this respect urgently.
A R Pawar, Ex-DGP, Madhya Pradesh

Instead of showing how many posts are vacant in any service/cadre, it would be ideal showing by WIC how many officers of a particular service/cadre are on deputation to other departments/organisations. It will show the clear picture of actual vacancies in a cadre/services so that UPSC can finalise the number of vacancies in each cadre/service while selecting and keeping the vacancies in reserve.
A R Rao
CBSE should be made more efficient
It is very right. CBSE should be made more efficient in its functioning. It is observed that students had to spend a lot of effort on small issues like correction in their parents' names etc. Also CBSE needs to control schools with reference to fees.
Sunil Shukla

In no circumstances, extension should be given to any incumbent in any post because there are always available suitable persons to man the job and the Government should not fall in the trap devised by the incumbent for continuation in the job.
Rajesh Gohel
CBSE needs another building?
On January 3, PM inaugurated the new building of CBSE at Dwarka, New Delhi. The question is whether it needed another building, when it owns three buildings in Delhi and it is opening more Regional Offices outside Delhi? CBSE is a registered society and does not get any grant from the government. It earns through the fees charged from students for appearing in examinations, Affiliation Fee from schools etc. It is understood that it has a surplus fund to the tune of 4-5 thousand crores. Apparently, they are charging higher fees than required from students etc., taking advantage of being a Central Board. It is therefore suggested that Government should set up an independent committee consisting of eminent persons from public to look into the functioning of CBSE particularly its acquisition of property, opening of so many regional offices and its fees structure.
S Gopal

The appellant sought the cut-off for Environmental Sciences in the context of certain selection. The PIO denied the information claiming that it is spread over many files and not specific too. Providing such information will require huge effort in creation/compliance and therefore, it is not possible to provide the information. Before the CIC, the PIO submitted that NTA is a relatively new body and the delay in replying to the RTI Application is also attributable to the time taken in setting up the RTI mechanism. The CIC observed that the PIO has tendered a baffling submission about the RTI machinery being still under process in NTA even in the year 2023. The NTA formed in the year 2017 cannot as a public authority under the RTI Act claim that it entailed over 5 years for the implementation of the RTI Act in NTA. The CIC directed that a copy of this order be marked to the Director General, NTA to take note of the adverse observations in this regard. The Director General, NTA was directed to take necessary corrective action to ensure that the PIOs and FAAs are instructed strictly to adhere to time stipulations prescribed under the RTI Act and at no point in time will the post of PIO or FAA be left vacant. The PIO was directed to revisit and provide a proper reply to the RTI Application incorporating the available cut-of marks or categorically state the unavailability thereof free of cost. The PIO was strictly warned to ensure in future that any document that is placed on the record of the CIC should be accompanied with a proper covering letter as the CIC cannot be expected to decipher the relevancy of the documents sought to be relied upon by the PIO without any reference or explanation.
Comments
If a public authority has pending RTI Applications and First Appeal(s) without a mechanism to deal with them, it would be a mockery of the statutory right to information enshrined upon the citizens. All pubic authorities must take steps as required under the RTI Act to ensure such strictures are not passed against it.
Citation: Avik Paul v. National Testing Agency, Second Appeal No. CIC/NTAGN/A/2023/625942; Date of Decision: 04.11.2024
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com