Tuesday, March 19, 2024

RTI shows ‘discrepancies’ in EB data from SBI, Lucknow

Times of India: Lucknow: Tuesday, 19 March 2024.
Information provided by SBI’s Lucknow branch in its written reply to an RTI query on encashed electoral bond (EBs) transaction data does not match with written declarations of political parties made to the Election Commission of India (ECI), TOI has found. This comes even as the Supreme Court directed the PSU bank on Monday to make complete disclosure of EB data, including unique hidden alphanumeric and serial numbers corresponding to each bond.
According to SBI, between the calendar years 2018 and 2024 (sale period of entire 30 phases), it sold EBs worth Rs 56.71 crore from Lucknow’s main branch in Hazratganj and gave encashment of Rs 14.05 crore to various political parties.
On March 14 this year, SBI had responded to the RTI query of 77-year-old transparency campaigner Commodore Lokesh K Batra (retired). TOI has the copy of the written reply signed by CPIO and deputy manager of the bank.
In its reply, the SBI said that it sold 109 EBs, including 51 of Rs 1 crore denomination, 57 of Rs 10 lakh denomination and one of Rs 1 lakh denomination.
According to the reply, the parties redeemed 46 EBs, including 13 of Rs 1 crore denomination, eight of Rs 10 lakh denomination and 25 of Rs 1 lakh denomination.
However, according to the written replies submitted to the ECI by political parties in double-sealed envelopes which was published on poll body’s official website following the apex court’s order BJP encashed Rs 34.5 crore at SBI’s Lucknow main branch till Nov 15, 2023, while Samajwadi Party encashed Rs 14.05 crore at the same branch till Nov 7, 2023.
The Mayawati-helmed BSP informed the ECI that it did not receive any donation through EBs.
Speaking to TOI, Commodore Lokesh K Batra said: “It looks like there are discrepancies in the data of EBs.”
“In the RTI response, the SBI had stated that it sold EBs worth Rs 16,518 crore in 30 phases between 2018 and 2024 through its 19 branches across the country. During the same period, EBs worth Rs 16,492 crore were encashed,” said the former hydrographer of Indian Navy.
Replying to TOI’s queries on EBs, Lucknow district coordinator of SBI, Aditya Kumar, said: “I have no idea about the EBs data.”
Giving a similar response, lead district manager (LDM), Lucknow, Manish Pathak said, “Only SBI can respond to the EBs data.”
After opposition parties flagged discrepancies in EB data, senior lawyer Prashant Bhushan on Monday flagged in the Supreme Court the “huge mismatch” in EB data provided by SBI to ECI.
According to SBI, the Mumbai branch sold EBs worth Rs 4,009 crore -- the highest in the country. Maximum encashment of EBs, worth Rs 10,402 crore, was made from the Delhi branch of the bank.

Kerala Information Commission challenges PSC's RTI response refusal, demands clarification

New Indian Express: Thiruvananthapuram: Tuesday, 19 March 2024.
The Information Officer at the PSC headquarters told the applicant that the information could not be provided as it involved ‘personal details’.
The State Information Commission (SIC) has issued a show cause notice to the state Public Service Commission (PSC) for turning down a Right to Information (RTI) query on the grounds that the information sought was ‘personal’ in nature. The commission also sought an explanation from the PSC secretary on the matter.
The RTI applicant had sought to know the qualification of the evaluators of the exam conducted by PSC for recruitment to the post of Assistant Professor.
The Information Officer at the PSC headquarters told the applicant that the information could not be provided as it involved ‘personal details’.
The applicant submitted an appeal to the PSC joint secretary but the information was not provided, prompting her to approach the SIC.
In the commission’s order, State Information Commissioner A Abdul Hakeem said the information could not be denied as it did not fall under Section 8(1) of the RTI Act.
The SIC directed that the PSC secretary’s explanation and the reply to the show cause notice should be submitted before March 30. It also directed PSC to provide the information sought by the applicant before April 4 free of cost.

Is A State-Funded Public Trust Duty Bound To Supply Information Under RTI Act?: Bombay HC Answers

Verdictum: Nagpur: Tuesday, 19 March 2024.
A Full Bench of the Bombay High Court has clarified whether a Public Trust registered under the provisions of Maharashtra Public Trusts Act 1950, which is running an institution that receives grants from the State, is duty-bound to supply information sought from it under provisions of the Right to Information Act, 2005.
The Bench of Justice Avinash G Gharote, Justice Anil S Kilor and Justice Urmila Joshi Phalke held that the RTI Act applies to public trusts, educational institutions, and cooperative societies only if they are established by the government or significantly funded or controlled by it. Simply receiving government assistance does not automatically subject an entity to the RTI Act.
Counsel RS Parsodkar appeared for the petitioner, while AGP MK Pathan, along with others, appeared for the respondents.
The issue revolved around conflicting interpretations of whether a Trust or Society operating an educational institution, which receives grants from the government, qualifies as a 'Public Authority' under the RTI Act. Some judgments argued that since the grants were received by the educational institution and not directly by the Trust or Society, information regarding the Trust or Society might not fall under the RTI Act. However, another line of judgments contended that because the Trust or Society owned and controlled the institution, which accessed government funds, information about the Trust or Society should be accessible under the RTI Act.
The petitioner's counsel argued that since the Trust was not the direct recipient of grants and the funds were part of a common policy for all aided institutions, the Trust itself did not meet the criteria of a 'Public Authority' under the RTI Act. Conversely, the respondent's counsel asserted that substantial funding from the State rendered the Trust a 'Public Authority' under the RTI Act, regardless of the direct recipient of the funds. It was also emphasised that the Trust's control over the educational institutions it operated was grounds for subjecting it to the RTI Act.
The High Court made the following observations:
1) If the information solicited under the RTI Act, is regarding the Public Trust, then there is no obligation to supply the information, if such Public Trust, does not fall within clause (i) of sec.2 (h) of the RTI Act and has not received any substantial Government largesse or land on concession, to implement the aims and objects of the said Public Trust.
2) In case the information solicited is in respect of the Educational or other Institutions run by the Public Trust, then depending on the extent of financial support given by the State, in case such finance, is found to be substantial, which is a plea to be decided by the Information Commissioner, information relating to such Educational or other Institutions can be directed to be supplied.
3) The Charity Commissioner, would also not be legally obliged to supply such information, which may be collected by him, in respect of the Public Trust, under the provisions of the Maharashtra Public Trusts Act, in case such information falls under the exempted category mentioned in Section 8(j) of the Act and the demand does not have statutory backing.
4) In case the information solicited does not fall in the exempted category under sec.8 of the RTI Act, then information as submitted to the Authorities under the provisions of the Maharashtra Public Act, under its various provisions by the Public Trust, can be supplied by the Authority who has the custody of such information.
(Cause Title: People Welfare Society vs The State Information Commissioner & Ors.)

RTI doesn’t apply to public trust & edu institutes, unless financed by govt: HC

Times of India: Nagpur: Tuesday, 19 March 2024.
The Nagpur bench of Bombay High Court ruled that Right to Information Act (RTI) would not apply to public trusts and education institutions like schools and colleges, unless they receive substantial contributions from the government in form of funds or land.
A three-judge bench comprising Justices Avinash Gharote, Anil Kilor and Urmila Joshi Phalke was formed after two high court benches pronounced contrasting judgments on the issue.
While hearing a letters patent appeal by People’s Welfare Society run by PWS College at Kamptee, the bench took up the question on whether a public trust registered under Maharashtra Public Trusts Act, 1950, and receiving grant from the govt, is duty bound to supply information under RTI Act. “If information solicited under RTI Act is regarding the public trust, then there is no obligation to provide details, if the trust does not fall within the Act’s sections. It’s also necessary that the trust should not have received substantial govt largesse or land on concession to implement aims and objectives,” the HC said.
The judges also asked the State Information Commissioner to decide on parameters of the case. “In case the RTI information solicited is on educational or other institutions run by the public trust, then depending on the extent of govt’s financial support, which will be decided by the information commissioner, details on such educational or other institutions can be supplied,” the judges said.
The HC further clarified the charity commissioner would not be legally obliged to provide such information, which may be collated by him with regard to the public trust under the Maharashtra Public Trusts Act, in case it falls under the exempted category of RTI Act and the demand does not have statutory backing.
“If the information solicited does not fall in the exempted category of RTI Act, information as submitted to authorities under its various provisions by the public trust, can be supplied by the authority having its custody,” the judges said.

Monday, March 18, 2024

Scarcity: RTI inquiry brings to light staggering 306 vacancies of cook positions within the Delhi Police

Millennium Post: Delhi: Monday, 18 March 2024.
In a recent revelation, an RTI inquiry into the status of cook positions within the Delhi Police has unveiled a troubling shortage. According to the information obtained, out of the 839 approved positions for cooks, only 533 are presently filled, leaving a staggering 306 vacancies.
This deficit has had a discernible repercussion across various districts and units of the Delhi Police. For instance, in the Outer district, four of its stations report shortages, while in the South-West district, six stations are affected.
Similarly, the East district contends with shortages in five stations, and the Dwarka district reports shortages in eight stations. In the West district, shortages are noted in two stations, with the North-West district encountering shortages in five stations. In Shahdara, four stations are affected, while the South district reports shortages in nine stations.
Meanwhile, the North district is grappling with shortages in seven stations, and the North-East district reports shortages in four stations. Additionally, shortages are observed in five stations in the Central District, while the IGI Airport (Delhi Police) and Delhi Metro (Delhi Police) experience shortages in two and fifteen stations, respectively. Furthermore, the Railway police stations (Delhi Police) report shortages in seven stations.
This scarcity of cooks within the Delhi Police Force presents significant challenges. Given the absence of fixed duty timings, having cooks stationed within police stations becomes indispensable for providing nutritious meals to the staff. Relying on outside food due to a lack of cooks can adversely impact the health and well-being of personnel.
The shortage is exacerbated by the practice of assigning cooks to officers, particularly those of Deputy Commissioners rank or higher.
Often, each officer may have more than one cook assigned to them. Moreover, even in stations where cooks are available, Station House Officers (SHOs) are compelled to maintain private cooks. Although this is not an official designation, it becomes necessary due to the workload on government cooks.
Recruitment of cooks within Delhi Police falls under the Multi-Tasking Staff (MTS) category. However, no recruitment has occurred for nearly two years, resulting in the current vacancies.
Additionally, retirements over this period have further worsened the shortage.
Efforts to address this issue are crucial to ensure the smooth functioning of the Delhi Police Force and the well-being of its personnel. Recruitment initiatives and the redistribution of existing resources may be necessary steps to mitigate the cook shortage and maintain operational efficiency.

Three Heroes who fought the Electoral Bonds: by M G Radhakrishnan

Mathrubhumi: Column: Monday, 18 March 2024.
It is official now. The Electoral Bond (EB) scheme, struck down as unconstitutional by the Supreme Court of India, is the single biggest scam witnessed until now in independent India. The mammoth amount of money that was anonymously funnelled into the coffers of political parties from exceptionally tainted corporate groups through this notoriously opaque scheme has also exploded, once and for all, the BJP's tall claims that it is an organisation untouched by corruption. It is now open that the scheme, birthed in 2017 by the “genteel” Union Finance Minister, the late Arun Jaitley, and midwifed by his malleable mandarins, came into being by hastily rubbishing repeated objections from the Election Commission of India (ECI) and Reserve Bank of India (RBI). But for the apex court’s current intervention, the “bondgate” would have choked India’s already limping democracy, legalised a contaminated political sphere, and scarred forever its electoral system, which has endured even while all of our neighbours intermittently relapsed into autocracy.
Even as the murky story of the sleazy iceberg and its slimy villains unfolds, let us honour a few heroes who opposed and exposed the fraud from the beginning. They include a few brave individuals and stillfewer institutions like ECI and RBI that have resisted the attempts of the political bosses to undermine them.
Dr. Urjit Patel:
The 24th Governor of the Reserve Bank of India, who directly conveyed his strong objections about the various aspects of the EB scheme directly to Jaitley. Born in Kenya to a Gujarati migrant business family, Patel (60) was educated at the London School of Economics and the universities of Yale and Cambridge. After serving two years, Patel became the first RBI Governor to resign, citing personal reasons in December 2018. His differences with the Modi government on various issues besides the EB, such as its profligacy, were no secret. Owing to his objections to releasing funds, Prime Minister Narendra Modi reportedly likened Patel to a “snake sitting over a horde of money”. Union Surface Transport Minister Nitin Gadkari advised Jaitley to remove him as Governor for being “inflexible and adamant”. Two days before Jaitley proposed the scheme in his union budget speech on 1 February 2017, the RBI had clearly conveyed to the Ministry of Economic Affairs that the opaque scheme would lead to large-scale money laundering, undermine the Indian banking system and open the gates for black money to enter the political realm. The apex bank also objected to the amendment made to the RBI Act through the Finance Bill 2017 to entrust the State Bank of India (SBI) as the sole bank to issue EBs. Patel’s objections to EB were recently confirmed in a book, “We Also Make Policy”, penned by former bureaucrat Subhash Chandra Garg, the secretary in the Ministries of Finance and Economic Affairs while EB was launched. Besides Patel, RBI’s Deputy Governor B.P. Kanungo and Chief General Manager P. Vijay Kumar also communicated the apex bank’s reservations over EB.
He served the IMF and some global corporate bodies before joining the RBI in 2013 as deputy governor. Patel headed the RBI when the Modi government demonetised notes. Currently, the economist is the chairman of the National Institute of Public Finance and Policy, an autonomous research body under the Ministry of Finance (MoF).
Commodore Lokesh Batra (Retd):
The 77-year-old former Naval Officer who has filed the original petition in the Supreme Court against the EB. The Delhi-based Batra, a transparency campaigner, had been waging a relentless battle from the beginning to expose EBs through the Right to Information Act 2005. The evidence and documents Batra obtained under RTI exposed the illegalities, lies and manipulations that paved the way for the EB. The vital documents unearthed by Batra included the RBI’s communication on January 30, 2017, to the MoF objecting to the EB and the internal government communication documenting Finance Secretary Hasmukh Adhia’s dismissal of RBI’s objections on the same day. Immediately, Tapan Ray, Secretary in the Ministry of Economic Affairs, concurred with Adhia and Minister Jaitley and, at lightning speed, stamped his approval! Another clinching document Batra obtained was the ECI’s categorical objections against the EB scheme communicated in May 2017 to the Ministry of Law and Justice. The ECI warned that the scheme would help political parties hide illegal donations from shell companies and foreign sources. It clearly expressed its reservations against the amendments made in the Representation of People Act 1951, the Income Tax 1961 and the Companies Act 2013 to bring in the EB scheme.
These amendments did away with three vital checks and balances to ensure transparency in political funding; the stipulation that Indian corporations should give details of their political contributions in their annual statements of accounts; the cap that such donations should not be more than 7.5% of their yearly profits averaged over three years; and the ban on donations from foreign companies to political parties.
This document also proved that Jaitley’s deputy, Pon Radhakrishnan, the BJP leader from Kanyakumari and then Minister of State for Finance, misled the Parliament when he said ECI had made no objections to EB. Radhakrishnan’s response was to a query in the winter session of Parliament in 2018 from Trinamool Congress’s Rajya Sabha Member Mohammad Nadimul Haque about whether the ECI raised concerns about electoral bonds. The minister’s reply was in the negative. Haque later filed a privilege motion against Radhakrishnan. An RTI activist from Pune, -Vihar Durve- also obtained in May 2018 details of ECI’s objections against the EB, communicated to the Ministry of Law and Justice, which was in turn flagged to the Ministry of Economic Affairs.
Nitin Sethi:
The award-winning journalist whose six-part investigative series—#PaisaPolitics-backed with documents obtained by Batra in the HuffpostIndia—provided the most comprehensive expose of EB's shenanigans from November 2019 onwards. He also reported that the Prime Minister’s Office ordered the illegal sale of electoral bonds just before the vital elections to various state assemblies in 2018. A trustee of The Reporters Collective, a collaborative venture of investigative journalists, Sethi has published investigative reports on political economy, natural resources, environment, climate change, economy, public finance and development for two decades.
Postscript: Commodore Batra has now pledged to expose the controversial PM Cares Fund. Let’s hope and pray that the septuagenarian encounters no untoward incidents!

Electoral Bonds: Fresh plea in Supreme Court seeks full details from SBI: Ashish Tripathi

Deccan Herald: New Delhi: Monday, 18 March 2024.
A plea filed by an NGO said that only 76% data on Electoral Bonds have been disclosed so far.
A fresh plea has been filed in the Supreme Court seeking a direction to the State Bank of India (SBI) to furnish to the Election Commission all the details of the Electoral Bonds sold for the period from March 1, 2018 till April 11, 2019 including the alpha numeric number, date of purchase, denomination and the name of the donor and the political parties within a time frame.
"Once the entire Electoral Bond Scheme is held to be violative of Article 19(1)(a) of the Constitution, the citizens are entitled to know the details of the donor and donee of the entire period from March 2018 onwards (the date when the scheme became functional).
The data available on the platform of the Election Commission represents only 76% of the total bonds and the voters are not aware of the details of the remaining 24% of the Electoral Bonds," a plea filed by NGO Citizens Rights Trust stated.
In an application filed by advocate Sneha Kalita, the plea claimed as per news report the SBI has sold Electoral Bonds worth Rs 16,518 Cr since March 2018 as per response to the RTI application."
However, the Election Commission of India on its website has released information of only 18,871 bonds accounting for Rs12,516 crores. Thus, information in respect of 9,159 bonds worth Rs 4,002 crores have not been disclosed," it claimed.
The NGO said the cut off date of April 12, 2019 is relevant only for the purpose of furnishing of information by the political parties to the Election Commission as an interim arrangement when the matter was sub-judice before this court.  "Once, this court in the final judgement and order dated February 15, 2024 has struck down the entire Electoral Bond Scheme and the amendments to the Representation of the People Act, 1951, Companies Act, 2013 and the Income Tax Act, 1961 by the Finance Act, 2017, the voters are entitled to know the funding to the political parties by the Electoral Bond for the entire period," it said.
The Supreme Court's Constitution bench led by Chief Justice of India D Y Chandrachud is set to consider on Monday, March 18 a response from the SBI as to why it didn't disclose alfa numeric numbers of the Electoral Bonds to the Election Commission for uploading on the website.

Electoral bonds biggest scam in independent India: Patwari

Times of India: Bhopal: Monday, 18 March 2024.
Describing the electoral bond scheme as the biggest scam in the history of Independent India, state Congress chief Jitu Patwari said that through the scheme, the ruling BJP has presented a unique example of “legalised corruption”.
Referring to the data regarding donation received by political parties under the scheme, Patwari said that from a Pakistan-based company to a lottery king and the company that supplied Covid vaccine to the govt, are among the top companies that have given donations under the scheme. “The BJP used the scheme for extortion of money from these companies, which has never happened in the country before,” he alleged.
Patwari said that the SBI data given at the behest of the Supreme Court has exposed Prime Minister Modi, who used to accuse the Congress of corruption and gave slogans like ‘Na Khaunga Na Khane Dunga.’
Addressing the media, he claimed that not a single ‘Modi guarantee’ in the last 10 years has been fulfilled. “People of the state are doubly disappointed with the ‘double engine’ govt of the BJP and are looking with hopes towards the Congress. Congress in its previous regime took concerted steps to empower the people by enacting laws like Right to Information Act, Right to Food Act, Right to Education Act and the Tribal Rights Act. However, the succeeding BJP govt has worked to weaken these laws,” he said.

PSC fails to specify qualifications of exam evaluators; RTI Commission demands disclosure

Kerala Kaumudi: Kerala: Monday, 18 March 2024.
Right to Information Commission has sought an explanation from the PSC Secretary for not publishing the qualifications of the evaluators of the examinations on the website. The show-cause notice is a prelude to taking action against the PSC information officer, Dr Sandhya, a native of Pathanamthitta Kalanjoor for denying the information despite an application under the Right to Information Act.
The teachers who are to be evaluated for the post of Commerce Assistant Professor in the Department of Higher Education were asked about the qualifications set by the PSC and seven related questions. The response received stated that the requested information was personal and could not be provided. An appeal was made to the PSC Joint Secretary but no information was received. Subsequently, the matter was brought before the Right to Information Commission.
State Information Commissioner A. Abdul Hakim stated that since the information is not personal, it cannot be denied under Section 8(1). Additionally, as it pertains to general norms, the PSC should publish this information on its website in advance under Section 4(1, 2, 3, 4). The commissioner ordered that the requested information should be made available to the applicant free of charge by April 4. Furthermore, similar public information requested by the complainant should be published on the website by April 12.
By concealing this information, the PSC has denied the right of eligible people to apply for inclusion in the list and to verify the eligibility of the assessors. RTI Commission referenced the orders of the Supreme Court and the Calcutta High Court, highlighting that the PSC had violated the directives of the Supreme Court. The Secretary's explanation and the Information Officer's reply to the show-cause notice must be submitted by the 30th of this month.

Sunday, March 17, 2024

आरटीआई का जवाब देनेसेपूर्वग्राम रोजगार सेवक नेदिया इस्तीफा

Hindustan: Mathura: Sunday, 17 March 2024.
समीपवर्ती गांव मेंग्राम रोजगार सेवक की नौकरी कर रहेयुवक नेग्रामीणों द्वारा आरटीआई सेजवाब मांगनेपर अधिकारियों के दवाब मेंअपनेपद सेइस्तीफा दे दिया, जो कि गांव मेंचर्चाका विषय बना हैं।
थाना क्षेत्र की चौकी शाहपुर के अन्तर्गत आनेवाले गांव शाहपुर निवासी भोला खां पुत्र रहीश खां वर्ष 2006 सेगांव मेंग्राम रोजगार सेवक के पद पर कार्यकर रहा था। गांव के ही रामअवतार द्वारा विकास खंड सचिव ब्रजेश कुमार के यहां एक आरटीआई लगा उसके कागजातों की जानकारी मांगी।
विकास खंड सचिव नेजब कागजों को खंगाला तो इन्टरमीडिएट की मार्कशीट मिल गयी, लेकिन टीसी नहीं मिली। सचिव द्वारा जब भोला खां से उसके कागजात और टीसी की मांग की तो भोला खां नेग्राम प्रधान समन्दर को अपना इस्तीफा सौंप दिया।
सचिव बृजेश कुमार से बात की गई तो उन्होंनेबताया कि राम अवतार द्वारा लगाई गई आरटीआई के एवज मेंजब भोला खान पठान सेउसके कागजात मांगेगए तो उसनेकागजात देनेकी बजाय ग्राम प्रधान को अपना इस्तीफा सौंप दिया। उसके खिलाफ नोटिस की कार्रवाई कर लिए गए मानदेय की रिकवरी के लिए उच्च अधिकारियों को अवगत कराया गया है।

Two held for concealing information, IO investigated the case and arrested two persons in RTI case

Meghalaya Monitor: Shillong: Sunday, 17 March 2024.
RTI activist Nazmul Hashan has filed an FIR on February 26 regarding a missing information furnished by the SDSEO Dadenggre from Rajabala Branch Post office resulting in the arrest of a postal official and a teacher.
In a statement, Hashan said the Meghalaya State Information Commission, Shillong had passed several orders directing the PIO concerned to furnish the information to the applicant and it was only in February the applicant had received the information from the concerned post office regarding the copy of booking receipt furnished by the PIO and according to the PIO the same information was earlier sent to him and for which booking was done on  September 27 last year  and the SDSEO claimed that the information was also sent earlier to the applicant. “Whereas it is pertinent to mention that neither any letter had been delivered to the applicant nor the applicant had received any letter of the said information from the post office concerned,” Hashan said.
Consequently after the filling the FIR with the office in-charge Rajabala Police station, the concerned IO investigated the case and arrested two persons one, Dilbahar Sk (post master of Rajabala post office) and another- Karimul Islam(Assistant Teacher Gasbari Non-governmental L.P. School).
Hashan said they were sent to police custody for committing criminal activities by booking the post office letter of SDSEO Dadenggre but   not delivering it to the applicant.

कर्मचारी को कार्रवाई का आधार जानने का अधिकार, राज्य सूचना आयुक्त का फैसला - MP SIC

Bhopal Samachar: Bhopal: Sunday, 17 March 2024.
Madhya Pradesh State Information Commission
के कमिश्नर श्री राहुल सिंह ने एक मामले में सभी पक्षों की दलील सुनने के बाद फैसला सुनाया कि किसी भी शासकीय कर्मचारियों को उसके विरुद्ध हुई विभागीय कार्रवाई का आधार जानने का अधिकार है। वह सूचना का अधिकार अधिनियम के तहत संबंधित दस्तावेज प्राप्त कर सकता है और किसी भी कारण से, लोग सूचना अधिकारी उसे संबंधित दस्तावेज देने से इनकार नहीं कर सकता। इस फैसले के साथ ही RTI के तहत मांगे गए डॉक्यूमेंट नहीं देने वाले डीएसपी के खिलाफ ₹25000 जुर्माना का नोटिस जारी किया गया।
महिला पुलिस कर्मचारी शुभांगी कटारे के आरटीआई मामले में महत्वपूर्ण फैसला
विभागीय कार्रवाई में अक्सर कर्मचारी एक तरफ़ा पक्षपात पूर्ण कार्रवाई की शिकायत करते हैं। ग्वालियर की एक महिला पुलिसकर्मी शुभांगी कटारे के मामले में राज्य सूचना आयुक्त राहुल सिंह नें एक अहम फैसला में कहा कि व्यक्ती को स्वयं के विरूद्ध हुई कार्रवाई का आधार जानने का अधिकार है। Right to Information Act के तहत मांगी गई जानकारी को जानबूझकर नहीं देने पर दोषी अधिकारी के विरूद्ध पेनल्टी के नोटिस के साथ ही सिंह ने शुभांगी को कार्रवाई की पूरी फ़ाइल दिखाने के आदेश भी जारी किए हैं।
जांच में साक्ष्य नहीं लेकिन रिपोर्ट में साक्ष्य लिखा है
सूचना का अधिकार अधिनियम के तहत आवेदन करने वाली महिला कर्मचारी शुभांगी कटारे ने राज्य सूचना आयोग में सुनवाई के दौरान बताया कि- "एक आधारहीन शिकायत पर उप पुलिस अधीक्षक लाईन ग्वालियर द्वारा मेरे विरूद्ध जांच संस्थित की गयी। उक्त जांच में मेरे कथन को रिकार्ड पर नहीं लिया गया और एकतरफा कार्यवाही करते हुए मेरे विरूद्ध द्वेषभाव पूर्ण तरीके से अनुशासनिक कार्यवाही की गयी। उक्त जांच में कोई साक्ष्य उपलब्ध ना होने के बावजूद भी गलत तरीके से जांच रिपोर्ट में साक्ष्य और तथ्यों का उल्लेख करते हुए मेरे विरूद्ध अनुशासनिक कार्यवाही की गयी थी।"
विभाग की जांच में शिकायत आधारहीन पाई गई
शुभांगी ने कहा गया कि उनके विरूद्ध प्रारंभिक जांच में लगाये गये आरोपों के आधार पर ही एक अन्य शिकायत पर विभाग द्वारा विभागीय जांच भी की गयी। पर उस विभागीय जांच में सभी आरोप आधारहीन पाये जाने पर विभागीय जांच को नस्तीबद्ध किया गया लेकिन इसी विभागीय जांच में पूर्व में की गयी प्रारंभिक जांच के दोषपूर्ण होने की टीप भी दर्ज की गयी थी लेकिन इसके बावजूद शुभांगी के विरूद्ध की गई कार्रवाई को समाप्त नहीं किया गया।
लोक सूचना अधिकारी आरटीआई एक्ट का दोषी
सूचना आयोग ने सभी दस्तावेज़ों को देखने के बाद आयुक्त राहुल सिंह ने पाया कि शुभांगी को विलंब से आधी अधूरी अपूर्ण जानकारी उपलब्ध करायी गयी है। सिंह ने कहा कि शुभांगी द्वारा उनके स्वयं के विरूद्ध पूर्ण हो चुकी प्रारंभिक जांच से संबंधित दस्तावेज आरटीआई आवेदन में मांगे गये थे। सिंह ने स्पष्ट किया कि शासन द्वारा निर्धारित प्रारंभिक जांच एवं विभागीय जांच में आरोपी अधिकारी/कर्मचारी को जांच के बिन्दु एवं वे सभी तथ्य जिसके आधार पर जांच संस्थित की गयी हो या उसे आरोपी बनाया गया हो। या अन्य तथ्य जिसके आधार पर आरोप सिद्ध करते हुए जांचकर्ता द्वारा उक्त अधिकारी कर्मचारी के विरूद्ध कार्यवाही की गयी हो। ऐसी सभी जानकारियां न्याय के नैसर्गिक सिद्धांत के तहत आरोपी व्यक्ति को स्वतः उपलब्ध कराने का प्रावधान है। पर इस प्रकरण में आरटीआई दायर होने के बावजूद शुभांगी को जानकारी से जानबूझकर कर वंचित रखा गया।
जानकारी देने का आदेश और पेनल्टी का नोटिस जारी
सिंह ने ग्वालियर पुलिस को शुभांगी को उसके विरुद्ध की गई कार्रवाई की पूरी फाइल दिखाने के निर्देश जारी किए हैं फाइल को देखने के बाद शुभांगी द्वारा चिन्हित दस्तावेजों की प्रतिलिपि भी उन्हें देने के निर्देश हैं। इसके अलावा जानकारी को जानबूझकर रोकने के लिए श्री राहुल सिंह ने तत्कालीन लोक सूचना अधिकारी / उप पुलिस अधीक्षक लाईन ग्वालियर को जिम्मेदार मानते हुए उनके विरूद्ध ₹25,000 के जुर्माने अथवा अनुशासनात्मक कार्यवाही के लिये कारण बताओ नोटिस जारी किया है।

Welfare centre for gazetted officers gets additional ₹20 crore: By Yogesh Naik

Hindustan Times: Mumbai: Sunday, 17 March 2024.
The welfare centre will include a guesthouse for outstation officers, an auditorium and a hall, which will be used to train government officers on how to make ends meet and use the RTI Act, he said.
Mumbai govt allocates extra ₹20 crore for state gazetted officers’ welfare centre in Bandra East, bringing total budget to ₹88.17 crore.
The state government has allocated an additional ₹20 crore for the state gazetted officers’ association’s welfare centre, taking the total budget for the project to ₹88.17 crore. The centre, comprising an eight-storey building including a guest house, is slated to come up in Bandra East.
The decision is expected to keep gazetted officers, who had been demanding a welfare centre-cum-rest house in Mumbai since a long time, in good humour. Earlier on March 1, the government had amended the new pension scheme, entitling employees to pension amounting to 50% of their last drawn salary.
The government resolution issued on Saturday said the additional allocation was required as many officers come to Mumbai and need shelter. The government has leased out a plot measuring 1,381 square metre in Bandra East for the welfare centre at a nominal rate. Basic construction is expected to cost ₹48 crore, electrical works another ₹11 crore. The floor space index purchased under transfer of development rights cost ₹7 crore.
GD Kulthe, chief advisor of the Mantralaya Gazetted Officers’ Association said, “We informed chief minister Eknath Shinde that we needed an additional ₹20 crore on February 5. We also called him to the Bandra site and showed him around.”

Saturday, March 16, 2024

Right To Information: Fostering Good Governance And Citizen Empowerment In KP: Sami Khisrow

The Friday Times: KP-PAK: Saturday, 16 March 2024.
The KPK RTI Act has been widely praised for its progressive and citizen-friendly provisions, which have made it easier and cheaper for citizens to access information from public bodies.
When people can ask questions and access information freely, they strengthen the pillars of good governance, transparency and accountability. These become not just aspirational goals, but achievable realities.
The Right to Information (RTI) is a fundamental right that enables citizens to access information from public authorities and hold them accountable for their actions and decisions. RTI is not only a legal entitlement, but also a means of achieving good governance, which is based on the principles of transparency and accountability. Good governance ensures that the government listens to the people, explains its policies and actions, and responds to their needs and demands.
RTI can also deliver significant social benefits, such as exposing corruption, improving public services, enhancing democracy, and promoting human rights. By accessing information, citizens can monitor the performance of public officials and institutions, expose misuse of public funds and resources.
A prime example of RTI’s impact on good governance and social welfare is the case of the 2G spectrum scam in India, which is considered one of the biggest corruption scandals in the country’s history. The scam involved allegations of corruption and irregularities in the allocation of the 2G spectrum, which is a scarce and valuable resource used for mobile communication. The scam led to a significant loss to the exchequer, estimated at around $40 billion, and also affected the quality and affordability of telecom services for millions of users.
The scam came to light through the use of RTI, which enabled activists and journalists to access crucial information that revealed the extent and nature of the scam. The information obtained through RTI included the list of licensees, the spectrum allocation policy, the pricing mechanism, the audit reports, and the correspondence between the government officials and the telecom companies. The information exposed the collusion, favoritism, and manipulation that characterized the spectrum allocation process, and also raised questions about the role of the prime minister, and the regulatory bodies.
The 2G spectrum scam case illustrates how RTI can serve as a powerful tool to expose corruption, ensure accountability, and bring about reforms. It also shows how RTI can empower citizens to participate effectively and hold government officials accountable for their actions and decisions.
The Right to Information (RTI) is also a pillar of accountability and openness in Pakistan's legal system. The Khyber Pakhtunkhwa province, in particular, has been at the forefront of implementing with its RTI Act of 2013.
The KPK RTI Act covers all public bodies, including the executive, the legislature and the local governments. It also covers non-governmental organizations that receive public funds or perform public functions. The act grants citizens the right to access information on any matter of public importance, subject to certain exemptions that protect the legitimate interests of the state and the individuals. The act also provides for the establishment of the KPK RTI Commission, which is an independent and autonomous body that oversees the implementation of the act, hears complaints, and imposes penalties.
The process of filing an RTI request in KPK is straightforward. A citizen can submit a request to the designated Public Information Officer of the concerned department. The public body is required to provide the information within 10 working days, or 14 working days in case of third party involvement. If the information is not provided within the stipulated time, or the applicant is not satisfied with the response, he or she can lodge a complaint with the KPK RTI Commission, which is obliged to decide the complaint within 60 working days.
The KPK RTI Act has been widely praised for its progressive and citizen-friendly provisions, which have made it easier and cheaper for citizens to access information from public bodies. The act has also contributed to increased citizen involvement and a reduction in corruption, as evidenced by the success stories of various RTI users. For instance, RTI has been used to improve health and education facilities, monitor development projects, and access land records.
The Deputy Director Communication of Khyber Pakhtunkhwa Information Commission Syed Sadat Jahan, in a session organized by the Centre for Governance and Public Accountability (CGPA) acknowledged the significant strides made in promoting good governance through the RTI Act in KPK. He said, “The act has led to increased citizen involvement and a reduction in corruption. It has also improved the performance and accountability of public bodies, as they know that they are answerable to the public.” However, he also pointed out challenges such as implementation hurdles, lack of awareness, and resistance from some public officials, which need to be addressed to maximize the act’s potential.
The KPK RTI Act demonstrates the transformative power of transparent governance. While there are challenges to overcome, the act’s achievements are a promising step towards a more informed and engaged citizenry. The act also serves as a model and inspiration for other provinces in Pakistan, which have also adopted RTI laws, but with varying degrees of effectiveness.
For instance, the Punjab RTI Act is similar to the KPK RTI Act in many aspects, such as the scope, the exemptions, the process, and the commission. However, the Punjab RTI Act also has some distinctive features, such as extending the right to access information not only to citizens but also to legal entities within Pakistan. This inclusivity broadens the scope of transparency beyond individual citizens, and allows organizations such as media, civil society, and businesses to access information from public bodies.
However, the federal Right of Access to Information Act 2017, which applies to the federal public bodies, has been critiqued for its narrow definition of ‘public records,’ which excludes many categories of information, such as cabinet memos, policy advice, internal deliberations, and personal notes. This definition potentially limits the information available to the public, and undermines the spirit of transparency and accountability. The federal RTI Act has also been criticized for its lack of independence and autonomy of the commission.
The RTI movement in Pakistan is still evolving and facing challenges, but it is also gaining momentum and support. As more and more citizens exercise their right to information, and more and more public bodies respond to their requests, the culture of transparency and accountability will gradually take root and flourish in the country. RTI is not only a right, but also a responsibility, of both the government and the people, to work together for the common good.

Electoral Bonds: Three Misgivings About the SC’s Judgment That Need to Be Addressed: Anjali Bhardwaj and Amrita Johri

The Wire: New Delhi: Saturday, 16 March 2024.
The dogged fight put up by the government at every step to deny and delay disclosure reaffirms the old adage information is power. It is now for people to engage with this crucial data and cast an informed vote in the forthcoming elections.
After a protracted legal battle, the information on electoral bonds is finally out in the public domain. On March 12, the Supreme Court came down heavily on an attempt by the State Bank of India (SBI) to evade its directions to disclose, within three weeks, details of electoral bonds transacted.
Dismissing the bank’s application seeking four additional months to provide the data, the Chief Justice of India-led bench set a deadline of one day for the SBI to furnish details of the donors and recipients of electoral bonds to the Election Commission of India (ECI). The ECI was directed to upload this to their website by March 15.
There are three important questions regarding the impact of the Supreme Court’s seminal judgement, which warrant consideration.
Data is out. What next?
In its judgement, the Supreme Court directed the disclosure of two sets of information since April 12, 2019: details of electoral bonds purchased, including “the date of purchase of each Electoral Bond, the name of the purchaser of the bond and the denomination of the Electoral Bond purchased”; and details of bonds redeemed by political parties, including the date of encashment and the denomination of the electoral bonds.
While hearing the SBI’s plea for an extension of the time frame to provide the information, the court clarified that it had never asked for information on purchasers and recipients to be decoded and matched.
A concern voiced by many is that shorn of details about who donated how much money through electoral bonds to which party, the disclosures are of little value.
While it is true that a fully matched database of the purchasers and redeemers of electoral bonds would have been ideal, there is no denying that the information revealed on the eve of elections will greatly further the people’s right to know. Now that the data is in the public domain, those in pursuit of greater transparency and accountability in the political system will be empowered to examine the list of purchasers of electoral bonds to discern if they benefited from quid pro quo arrangements.
Did their loans get written off? Did they get a disproportionate share of government contracts? Did investigative agencies go slow on cases against them after they made donations? Were policy changes made to favour them?
Further, apart from tracing out shell companies or fly-by-night operators, perusing the financial statements of donor companies will reveal if loss-making entities donated through electoral bonds.
The court had observed, “it is more plausible that loss-making companies will contribute to political parties with a quid pro quo”.
Finally, the data will shine light on which foreign companies used the electoral bonds route to donate money anonymously through their Indian subsidiaries to political parties.
The dogged fight put up by the government at every step to deny and delay disclosure reaffirms the old adage – information is power. It is now for people to engage with this crucial data and cast an informed vote in the forthcoming elections.
Back to unaccounted cash?
The judgement has been criticised for not considering the effect that striking down the electoral bonds scheme will have on political funding. No less than the BJP’s national vice-president, Baijayant Jay Panda, tweeted that electoral bonds “were infinitely better than what they had replaced: suitcases of illicit cash”, claiming that “the perfect has become the enemy of the good”.
This was also a key argument of the government while defending electoral bonds in court that bonds could only be purchased through banking channels, thereby curbing the use of black money for funding parties.
The anonymity guaranteed to donors was meant to incentivise them to move away from cash donations, which they preferred because of fear of “consequences from political opponents”.
The court dealt with this issue at length in its judgement under the heading, “Whether the infringement of the right to information of the voter is justified”.
It noted that though the purported objective of guaranteeing the anonymity of donors was curbing black money by incentivising contributions through banking channels, the electoral bonds scheme failed to provide any regulatory check to prevent the trading of bonds.
This concern had also been flagged by the RBI in its correspondence with the finance ministry while objecting to the introduction of electoral bonds.
Letters accessed by the authors under the RTI Act showed that the RBI warned the scheme could give rise to black money being laundered, as the bonds may be traded for a consideration without any trail of the transactions and the original buyer may not be the ultimate contributor.
Further, the electoral bonds scheme and the concomitant amendments made to laws did not prohibit political parties from accepting donations in cash; instead, they just put a cap of Rs 2,000 on cash donations.
Thus, problems associated with anonymous donations in cash persisted, including the practice of breaking up large cash donations into smaller packets to hoodwink the system.
The Supreme Court arrived at the conclusion that the electoral bonds scheme failed the proportionality test. It ruled that though the scheme may reduce donations through cash, there are other alternative means through which the circulation of black money in electoral financing could be curbed that would not compromise voters’ right to know to the extent that electoral bonds did.
Unwarranted breach of the promise of anonymity?
Another concern that has been flagged is that revealing the names of the purchasers of electoral bonds, that too with retrospective effect, is violative of the guarantee of anonymity made to the donors.
This is misplaced on at least two counts.
First, the electoral bonds scheme, in clause 7(4) the very clause which obligated the SBI to treat all information furnished by a buyer as confidential defined the conditions under which details would be disclosed: “when demanded by a competent court or upon registration of criminal case by any law enforcement agency”.
So, purchasers would have been aware at the time of buying a bond that there was no promise of blanket confidentiality. Since 94% of bonds sold in value terms were of the highest available denomination of Rs 1 crore, it is difficult to fathom that these entities, presumably mostly corporates, would not have understood the applicable terms and conditions.
Second, it is well within the powers of the apex court, while examining the constitutional validity of a policy formulated by a government, especially on the premise that it unreasonably abrogates the fundamental right to information, to order the disclosure of information.
In this case, the amendments made to various laws through the Finance Act of 2017 to enable the electoral bonds scheme, including the aspect of purchasers’ anonymity, were challenged in 2017 even before the scheme was operationalised.
The possibility of the court striking down the anonymity clause always existed.
(Anjali Bhardwaj and Amrita Johri are transparency activists associated with the National Campaign for Peoples’ Right to Information and Satark Nagrik Sangathan.)