Re-employment beyond 65 Years Banned

The New Indian Express: Bhubaneswar: Sunday, 31 August 2014.

The Odisha Government has directed that its administrative departments or undertakings can not engage retired public servants beyond 65 years.

With the departments adopting various policies to engage retired Government employees, the State Government has come out with a set of fresh guidelines that seeks to bring about uniformity in the process. The guidelines say that a retired Government servant can be re-employed initially for two years which can be extended by another two years with an annual appraisal of performance. At no point can the officer be employed beyond four years or 65 years of age. The present retirement age for Government employees is 60.

Officers against whom departmental proceedings or criminal cases are pending or being contemplated, those penalised for misconduct during the last five years of their service will not be considered for re-employment.

The re-employment, as per the new norms formulated by the General Administration Department, will be made through an open advertisement followed by selection by a committee. The pay of the re-engaged officials will be determined by the appointing authority with approval of Finance Department.

During the period of re-employment, the officers will be governed by the provisions of the Odisha Government Servants’ Conduct Rules, 1957 and liable to be proceeded against misconduct, omission and commissions as per the Odisha Pension Rules, 1992. With the State Government sticking to its cost-cutting measures by resorting to minimum fresh recruitment, the Government establishments have been feeling the pressure of workload and taking to hiring retired officers in last few years.

In most cases, the officers are hired back as officers-on-special duty with different pay packages. Information sought through RTI Act reveals that the Finance Department has re-employed 44 retired officers between 2009 and 2014 with salary ranging from Rs 9,300 to Rs 10,000.

The last set of guidelines to govern engagement of retired government servants was chalked out in 1999.

Odisha: How land grab became a fine art under the Naveen regime

First post: Bhubaneswar: Sunday, 31 August 2014.

When the Naveen Patnaik government orders an inquiry by the state crime branch or the vigilance into something, you know for sure that it does not want the truth in the matter to come out. The record of these two agencies in a host of scams, including the multi-thousand crore mining and chit fund scams, and a spate of political murders leave no room for doubt on that score. So, it came as no surprise when the chief minister on Thursday ordered yet another inquiry by the discredited crime branch into the illegal acquisition of over 100 acres of land (the government has admitted to only 76 acres though) on the outskirts of Bhubaneswar by leaders of his own party, including an incumbent and a former minister, and select bureaucrats.

For good measure, the government also announced the suspension of a sub registrar, a tehsildar and an additional tehsildar for illegally registering the leased land ‘in violation of the lease conditions’ and even allowing the mutation of the land on the basis of sale transactions that are ‘ab initio void’. While announcing the suspension of these low level revenue officials, however, the notification cleverly leaves out any mention of who the beneficiaries of these fraudulent transactions are.

But much as the government would like to keep things under the wraps, at least one big name is out in the open: that of Kalpataru Das, Rajya Sabha MP and former minister, who has had a meteoric rise since the fall from grace of Naveen Patnaik’s erstwhile mentor Pyari Mohan Mohapatra. The Gokarneswar Charitable Trust managed by his family has acquired three acres in the area while his son Pranab Balabantaray has had two acres more registered in his name and the latter has admitted as much. But the people of Ghangapatna, where the land grab has taken place, swear that the family is in effective possession of at least 50 acres of land in the area, at least part of which is forest land.

The sheer audacity of the take-over has surprised many. Not content with illegally acquiring the land, Das, when he was minister for Panchayati Raj, sanctioned an amount of Rs 5 lakh under the MGNREGS for construction of a 1.3 km stretch of road on a piece of land that has been categorised as ‘small forest’ and thus required the permission of the Union Ministry of Environment and Forests (MoEF). He even got a boundary wall constructed around the land acquired by him.

The land in Ghangapatna is only the latest in the series of acquisitions that Das has managed over the years. At last count, he had acquired an incredible 41 land plots and houses at various places in the state and outside, eight of them in Bhubaneswar and one in New Delhi. After the CAG report blew the lid off some of his acquisition, an embarrassed Pranab had to return to the government two flats he had acquired under the discretionary quota.

Revelations made by the CAG and the media in the last one month or so suggest that the provision of the much maligned ‘discretionary quota’ has been used effectively as a licence to acquire property in prime locations in the Twin City of Bhubaneswar and Cuttack at throwaway prices by the powers that be. Kalpataru Das is only the most visible symbol of the gross abuse of the provision, but he is certainly not the only beneficiary.

Revenue Minister Bijayshree Routray has usurped a huge plot of land given to his wife Jyoti in the heart of the capital city for setting up a hospital. Agriculture Minister Pradip Maharathy has availed of a house from the State Housing Board despite having an ancestral house in the city, a gross violation of the rules governing the discretionary quota. Not content with this, he acquired a piece of government land contiguous to his house, which is bigger in size than the one on which his allotted house stands. Last year, Forest and Environment Minister Bikram Keshari Arukh (who was then the Rural Development minister) had to return one of the two houses he had acquired under the much maligned quota. The list is only illustrative and by no means exhaustive.

Taking the cue from the politicians, bureaucrats too have made merry at the expense of the deserving people in availing land or houses under the discretionary quota. An RTI query has found that 14 IAS officers have acquired more than one house in the Twin City under the quota in gross violation of the rules.

No wonder the Naveen government, despite a 2002 directive of the Odisha High Court and repeated, almost yearly raps on the knuckle by the CAG, has refused to frame clear, unambiguous guidelines for allotments under the discretionary quota. The court has also suggested that the government could, till the norms are in place, go by the guidelines prescribed by the Supreme Court in the allocation of petrol pumps. But loathe to losing the discretion to bestow favours on its own, the government has ignored this suggestion too.

Finding itself on a sticky wicket after a series of revelations about the gross abuse of the provision of discretionary quota, the state government formed a Task Force to go into all such allotments since 1995. But given the fate of the many such inquiries in the past, nobody believes that anything would come out of it.

Misuse of the discretionary quota took place even in earlier governments. But in Naveen’s regime, it has been made into a fine art.

Old Delhi road caves in after Rs 71 lakh repair

Times of India: Gurgaon: Sunday, 31 August 2014.

An RTI reply has revealed that the municipal corporation has spent Rs 71 lakh to repair the Old Delhi-Gurgaon road but the road is still in a shambles. There are cracks and potholes at many places and a part of the road, where sewer repair work was going on, has caved in.

MCG authorities have acknowledged in the RTI reply that "It is aware of all kinds of defects that have occurred on this road", but have failed to explain why the road is still in a mess despite so much money having been spent. In their defence, they said the road was repaired, but the road could not be entirely upgraded as the state government has yet to approve the entire amount of Rs 55 crore earmarked for the project.

"I find it ridiculous that the MCG has spent Rs 71 lakh on this road and within months it has developed cracks and potholes at many places. Ideally they should have included the sewer repair work and the road upgrade work within the same project instead of splitting it into two. This way the whole road would not have to be dug up all over again to upgrade it whenever the government approves the entire estimated fund for repairs," said Aseem Takyar, the RTI applicant.

"Also, in its reply the MCG has said that the maintenance of roads, made by any agency, is usually for one year. However, in this case this rule does not seem to apply as the private contractor has not been fined yet for the road having caved in so easily and rapidly," Takyar said.

RTI reveals task force for U’khand slums accomplished nothing

Times of India: Dehradun: Sunday, 31 August 2014.

A student activist group working for social change had filed an RTI to get accountability from the government for a task force that was set up for rehabilitating Uttarakhand's slums within four months from mid February to mid June.

Abhijay Negi, founder of the activist group 'Making a Difference- By being the difference' said, "We filed the RTI to secretary (urban development) DS Gabriyal on July 21 . All we want is government accountability on the many promises it has made in the past but kept none of them."

He said, "Under the guidance of the former urban development secretary, M H Khan, a notification was issued on February 10, to form the task force. The period for this force to function has lapsed and the RTI has revealed that nothing concrete has been done."

As per the response to the RTI, directions were given to seek few queries from Mussoorie Dehradun Development Authority (MDDA) and the Dehradun Municipal Corporation(DMC).

The MDDA response states that the number of slum areas in Dehradun has increased from 102 to 118 as of today and the population has increased from 1,11,000 to 1,51,000.

The RTI response, which was received in the early August also mentions various central government schemes like Rajiv Awas Yojana (RAY) which envisages a 'Slum Free India'. "According to various schemes, homes will be given only to those who are not residing in illegal encroachments. But majority of the slum dwellers live on illegal land. Government needs to come out with a transparent policy to address this issue." said Negi.

Agriculture Ministry cracks down on ‘mismanagement’ in KVKs

Indian Express: New Delhi: Saturday, 30 August 2014.

The Ministry of Agriculture has begun a review of the functioning of all 639 Krishi Vigyan Kendras (KVKs) in the country to detect and put an end to the “mismanagement of public money” by these institutions.

At a meeting held over August 19-20 at the Indian Council of Agricultural Research (ICAR) in Delhi, Minister of State for Agriculture Sanjeev Balyan warned KVKs to improve their functioning or face “consequences”.

KVKs were envisaged as a mechanism to impart vocational training to practising farmers, school dropouts, and other individuals involved in field-level agricultural activities.

Beginning in 1974, when the first KVK was established, these institutions are now spread over 600 districts, the largest number 68 being in Uttar Pradesh.

“I have noticed a lot of mismanagement of public money in the KVKs run by NGOs as well as the KVKs run by agricultural universities. Over the next two-three months we will conduct a complete review of all KVKs and grade them according to their performance. KVKs can help uplift ordinary farmers by contributing to the expansion of technology, but I have found that many of them are not working properly and misusing public money,” Balyan told The Indian Express.

Balyan’s review this month was for 100 KVKs in tribal districts. Balyan said he would calling such meetings of all other KVKs in batches over the next few months.

About 7 out of every 10 KVKs are run by state and central agricultural universities. Around 100 KVKs are run by NGOs, including NGOs controlled by politicians.

Using information obtained under the Right to Information (RTI) Act, The Indian Express had reported in its edition of May 16, 2013 that proper procedure was often overlooked in the allotment of KVKs, and that former agriculture minister Sharad Pawar had personally intervened to recommend some NGOs which received funds of up to Rs 1.5 crore per year.

The KVKs are seen as a crucial instrument for fulfilling promises made by the NDA government. At the meeting, Balyan reminded representatives of KVKs that Prime Minister Narendra Modi had at an ICAR function last month noted that “until the farmer does not receive the benefits of scientific and technological developments, true progress will remain incomplete”, and that the farmer must be made aware of the crucial importance of conserving water.

Balyan said that the government could sanction more KVKs in districts that needed them, but only after reviewing the performance of existing KVKs. He said delegates at this month’s meeting had been told that employees hardly visited offices at several KVKs. “I have asked that proper records of attendance be maintained, and some of KVKs have started doing so,” Balyan said.

आरटीआई करने वाले सावधान, अब होगी पूरी पड़ताल

Inext Live: आगरा: Saturday, 30 August 2014.

आरटीआई मांगने वाले के एड्रेस का किया जाएगा वैरीफिकेशन;

अब आरटीआई करने वालों पर राज्य सूचना आयुक्त नकेल कसने की तैयारी कर रहा है. ये इसलिए किया जा रहा है ताकि कोई आरटीआई के नाम पर मिसयूज न कर सके. अब आरटीआई मांगने वाले की पूरी जानकारी संबधित पते और दिए गए नंबर पर कॉल करके ली जा रही है. अकसर कई लोग सूचना के अधिकार के नाम पर दूसरों की जानकारी प्राप्त कर लेते हैं और उसका मिसयूज करते हैं.

सूचना न देने पर लगता है जुर्माना ;

जनसूचना मांगने वाले को सूचना उपलब्ध न कराने पर संबंधित अधिकारी पर राज्य सूचना आयुक्त की ओर से अर्थदण्ड लगाया जाता है. इस अर्थदण्ड से बचने के लिए अधिकांश विभागों के अधिकारी संबंधित व्यक्ति को पते के आधार पर ही जनसूचनाएं उपलब्ध करा देते हैं.

अब की जाएगी पूरी पड़ताल;

जनसूचना के तहत मांगी जाने वाली जानकारी के लिए अब संबंधित विभाग की ओर से पूरी छानबीन की जाएगी ताकि जनसूचना का मिसयूज न हो सके. अब पते के साथ दिए गए नंबर पर कॉल करके मांगी गई आरटीआई के बारे में पूछा जाएगा ताकि किसी फर्जी व्यक्ति द्वारा गलत तरीके से सूचनाएं न उपलब्ध कर ली जाएं.

आरटीआई मांगने का यह है प्रावधान;

·       आरटीआई का संबंधित विभाग को 30 दिन के अंदर जवाब देना होता है.

·       एक महीने में जवाब न देने पर रिमांइडर भेजा जाता है जिसका जवाब दो माह के अंदर भेजना होता है.

·       दो महीने बाद राज्य सूचना आयुक्त में अपील की जाती है.

·       अपील पर राज्य सूचना आयुक्त द्वारा संज्ञान लिया जाता है और संबधित विभाग के अधिकारी पर जुर्माना लगाया जाता है.

नोएडा में एक आरटीआई कार्यकर्ता रच चुका है साजिश;

ये सब इसलिए भी किया जा रहा है क्योंकि नोएडा में आरटीआई और आप कार्यकर्ता चंद्रमोहन ने एक व्यक्ति की हत्या करके अपनी कार में जला दिया था ताकि दुनिया की नजरों में खुद को मरा हुआ साबित कर सके. उसने ये सब अपनी लवर से छुटकारा पाने के लिए किया था. ये भी बात थी कि उस लवर के साथ उसने जीवन गुजारने का फैसला किया था. पुलिस और प्रशासन ने आरटीआई कार्यकर्ता चंद्रमोहन के बारे में पूरी जांच पड़ताल नहीं की थी.

Delay in CIC appointment may lead to scrutiny of panel’s orders

Economic Times: New Delhi: Saturday, 30 August 2014.

The government's decision to put the appointment of a chief information commissioner (CIC) on hold could mean that all orders passed by the Central Information Commission can be quashed in court. The commission is the apex body for redressing Right to Information (RTI) complaints and has been without a head since the departure of Rajeev Mathur last week.

Various high courts have ruled earlier that any order passed by the state information commissions can be quashed if a chief information commissioner or information commissioners are not in place.

The procedure for appointments at the state and central information commissions is similar. RTI experts said these high court orders could be cited to quash rulings of the central information commission until the appointment of a new CIC.

In May 2007, the high court of Himachal Pradesh directed the state government to appoint at least one state information commissioner in accordance with the RTI Act and in case it failed to do so, the state information commission "being an improperly constituted body shall cease to exist or function."

Further, in January 2010, the Calcutta High Court said the state information commission was a multi-member body consisting of a chief information commissioner and at least one information commissioner.

This was reiterated by the Bombay High Court ruling of December 2013 which held that every application needs to be considered by the multi-member bench of the commission and if not orders passed by the body deserve to be quashed and set aside.

Former CIC Satyananda Mishra agreed that orders passed without a chief in place could be quashed if challenged in the Supreme Court or high courts as the Act clearly stipulates that the commission should have a CIC. "In the interest of the transparency and the efficient implementation of the RTI Act, the government should appoint a CIC at earliest," he added.

Highways mean more accident deaths, finds RTI activist

Times of India: Meerut: Saturday, 30 August 2014.

Data disclosed in response to the Right to Information (RTI) application filed by activist Lokesh Khurana has revealed that a larger number of deaths were reported from accidents in the jurisdiction of police stations that also had highways.

"The maximum number of deaths in accidents were reported from police stations which have highways under their jurisdiction. For instance the maximum 145 deaths occurred at Kankerkhera police station, whereas 138 occurred at Partapur PS," Khurana said.

Although, the police have been active when it comes to traffic policing within city limits, on highways, rules are hardly observed. Vikram Sahani, who lives in Pallav Puram, said, "Ever since the four-lane highway became operational, the number of accidents have increased manifold. In the absence of police patrolling on the highway and non-existence of speed limit norms, it has become a free-spirit drive."

The maximum number of deaths in accidents also occurred due to rash driving, the RTI query found.

Consolidated information provided by Meerut traffic police department showed that the total number of accidental deaths between 2010 and 2014 was 1,437. Besides, under the Motor Vehicle Act, 1,19,025 challans were issued to commuters violating traffic rules and the total sum charged in the form of fines was over Rs1.5 crore.

However, despite the slow moving traffic inside the city, deaths do occur here as well. For instance, during the above mentioned period, 10 deaths occurred in the area under Railway Road Police Station and 15 in Nauchandi Police Station.

"The main reason for deaths inside the city limits is generally reckless driving. Despite repeated warnings, people do not wear helmets and they become vulnerable to fatal injuries during accidents", says SP Traffic, PK Tiwari.

He admits that laws are not so stringent, because of which commuters generally do not care about rules. "Traffic rule offence attract a maximum penalty of Rs100, which should be increased to at least Rs1,000," he says.

Chief Information Commissioner slaps Rs25k fine on SI for false information

Deccan Chronicle: Kochi: Friday, 29 August 2014.

(CIC) Sibi Mathews has ordered a fine of Rs25,000 and departmental action against Ernakulam Central Police Station principal sub-inspector V.Vimal for giving false information to a Right to Information query in connection with a case.The order has been issued on a petition filed by Eljose C.Chummar, a native of Ayyappankavu in Ernakulam. Eljose had sought certain answers in his RTI query to Vimal on December 3, 2013, pertaining to his arrest at 4.50 pm on October 12, 2013. Eljose said his father was summoned to the police station and an original will he possessed was extracted by threatening him at 8 pm on the same day.

Eljose raised three questions through the RTI query to Vimal: Whether the said will was still in the custody of the police, whether it was submitted to the court and if submitted, when it was done. Vimal replied on January 4 that the said will was not in the custody of the police and it was submitted to the court on October 12, 2013. In another RTI petition on January 30, 2014, Eljose queried in which court it had been submitted and he sought  copies of the evidence.

Vimal gave a reply on February 27, 2014, saying that it was submitted at the Ernakulam Chief Judicial Magistrate Court. He sent copies of the evidence on April 1, but since they were incomplete and not clear, Eljose again sought another copy on April 14.Later, as per the order of the CIC, Vimal submitted a report to him in this regard. He said the claims that he had forged them were not true and the will was given to the dispatch section on October 12, 2013, along with the report, for being submitted to the court.

The CIC on verifying the documents found that the will was submitted to the court only on October 17, 2013. However, this was not clear in the document given to Eljose by Vimal. Eljose also did not ask for the date on which it was given to the dispatch section but specifically asked when it was given to the court. The CIC recommended action under RTI Act 20 (1) and (2) for giving false information.

Commissioner’s office fined 500 for furnishing wrong info

Times of India: Thane: Friday, 29 August 2014.

The Konkan division state information commissioner has slapped a fine of Rs 500 to the Thane police commissioner office for furnishing misleading information under the Right to Information Act. While hearing appeal challenging the information furnish by police under the RTI act, the state information commissioner (Konkan division), Thanksy Thekkekara, asked the Thane police commissioner office to pay the fine for giving misleading information to an RTI applicant, who had sought reasons for holding back Housing Rent Allowance of the cops for almost 10 years.

"The fine should be paid from the budgetary expenses of the Thane police commissioner's office," the order issued by Thekkekara mentioned.

The case pertained to an application filed by two retired police personnel under RTI about few year ago, seeking reasons for not releasing HRA of the police personnel in Thane region. However, the reply varied time and again. Irked with receiving contradictory reply, the applicants appealed against the RTI reply furnished to them. With ambiguity over the date from which the payment should be made the police had not paid the HRA to nearly 6K cops. Following consistent follow up by the complainants, the amount was released in 2007. Nearly 4,200 cops have received the arrears.

आरटीआई प्रक्रिया सरल करने के लिए राज्यों को अनुदान

Nai Dunia: New Delhi: Friday, 29 August 2014.

सरकार ने आरटीआई आवेदन दाखिल करने की प्रक्रिया को आसान करने का फैसला किया है। इसके तहत ऐसी व्यवस्था की जानी है, जिससे कहीं से भी कोई व्यक्ति आनलाइन आरटीआई दायर कर सके। इसके लिए केंद्र ने राज्यों को अनुदान देने की घोषणा की है ताकि वे अपने सूबों में ऑनलाइन सुविधाओं का विकास कर सकें। याचिकाकर्ताओं की मदद के लिए एक हेल्पलाइन स्थापित कर सकें।

देश भर में 5 से 12 अक्टूबर के बीच आरटीआई सप्ताह मनाने के लिए कार्मिक एवं प्रशिक्षण (डीओपीटी) विभाग ने तीन लाख रुपये का बजट आवंटित किया है। इसके अलावा सूचना का अधिकार (आरटीआई) कानून के बारे में जागरुकता पैदा करने के लिए चार लाख रुपये खर्च किए जाएंगे। इसके अलावा राज्य स्तर पर हेल्पलाइन शुरू करने के लिए प्रदेश सरकारों को पहले वर्ष चार-चार लाख रुपये दिए जाएंगे। हेल्पलाइन के जरिये लोगों को आरटीआई कानून के बारे में स्थानीय भाषा में जानकारी दी जाएगी। उसके बाद के वर्षों में यह धनराशि 2 लाख रुपये कर दी जाएगी।

हेल्पलाइनों को गैर सरकारी संगठनों के सहयोग से खोले जाने का प्रस्ताव है। डीओपीटी का कहना है कि याचिका ऑनलाइन दाखिल करने के लिए आरटीआई वेब पोर्टल लांच किया जा चुका है और नई दिल्ली स्थित केंद्र सरकार के मंत्रालयों और विभागों में इसने काम भी शुरू कर दिया है। एक वरिष्ठ अधिकारी के अनुसार, "अब इन सुविधाओं का विस्तार राज्य स्तर पर किया जाना है। इसके लिए एनआईसी द्वारा विकसित सॉफ्टवेयर प्रदेश सरकारों को मुहैया कराया जाएगा।" इनके अलावा आरटीआई की कार्यप्रणाली पर शोध करने के लिए भी राज्यों को पांच लाख रुपये दिए जाएंगे। साथ ही आरटीआई कानून पर सेमिनार और वर्कशाप आयोजित करने के लिए एक-एक लाख रुपये दिए जाएंगे।

एसएएफ को आरटीआई के तहत देना पड़ा दस्तावेज

Patrika: Bhopal: Friday, 29 August 2014.

एसएएफ (विशेष सशस्त्र बल) जैसे संस्थान सूचना का अधिकार अधिनियम के प्रावधानों की गलत व्याख्या कर कर्मचारियों और आम नागरिकों को जानकारी देने से वंचित नहीं कर सकते। सूचना आयुक्त के निर्देश पर एसएएफ ने अपने दो कर्मचारियों द्वारा सूचना अधिकार अधिनियम के तहत जानकारी उपलब्ध कराई है।मप्र विशेष सशस्त्र बल के सहायक प्लाटून कमांडर पद से सेवानिवृत्त हुए भिंड के रामप्रताप सिंह राजावत और रामलखन शर्मा ने सूचना का अधिकार अधिनियम के तहत उनकी सेवा पुस्तिका, प्रथम क्रमोन्नति एवं पदोन्नति आदेशों की प्रतिलिपि मांगी थी। तत्कालीन प्रथम अपीलीय अधिकारी एवं पुलिस उप महानिरीक्षक एसएसएफ ग्वालियर ने इन दोनों आवेदकों की प्रथम अपील मय शुल्क के यह कहते हुए लौटा दी थी। सूचना आयोग में सूचना आयुक्त आत्मदीप ने कहा कि सूचना का अधिकार अधिनियम के दायरे से मुक्त एसएएफ सहित अन्य संस्थान भी भ्रष्टाचार और मानव अधिकार के अतिक्रमण से संबंधित सूचना देने से मना नहीं कर सकते। शासन द्वारा एसएएफ, गुप्तचर एवं सुरक्षा संगठनों को इसके दायरे से बाहर रखे जाने की अधिसूचना आड़े नहीं आती।

Transparency at ministries to be put through expert checks

Economic Times: New Delhi: Friday, 29 August 2014.

The Centre is working on a plan to conduct third-party audit to ascertain the level of transparency in the functioning of ministries and public authorities as part of the Narendra Modi-led government's efforts to open up these institutions to more public scrutiny.

The DoPT has engaged the central information commission to prepare the legal framework to measure the extent to which ministries and various public authorities are disclosing information proactively and maintaining transparency in their decision-making process.

The DoPT, the nodal agency for supervising implementation of the Right to Information or RTI Act, had asked the commission to conduct the audit. However, due to huge pendency of work and shortage of staff, the commission has proposed formation of an ad hoc body consisting of experts from various fields for conducting the audit, a senior official from the commission said, requesting anonymity.

The group will function under the direct supervision of the commission, the official said, adding, "The proposal detailing the audit plan was sent to DoPT last month and we are waiting for the approval. Specifics such as the number of experts to be engaged, duration of audit, procedure and other details are yet to be worked out." The audit work is expected to begin in the next few months. As per the proposed plan, the exercise will be carried out every year and the outcome of the audit will be made public by publishing it on the websites of the respective ministries.

The audit will assess whether ministries are disclosing information related to procurement, public-private partnerships, transfer policy and transfer orders, Comptroller and Auditor General's XX and action taken on them, expenditure on foreign tours of ministers and other such information.

In addition, it will evaluate mediums like internet, notices, wall painting and others chosen by the public authority for disbursing the information.

The audit will also cover compliance with the proactive disclosure guidelines provided in the RTI Act and suggest if there are any other types of information which could be disclosed.

As per section 4 of the RTI act, every public authority should on its own disclose information relating to its functioning to ensure transparency and to reduce the need for filing individual RTI applications. However, the quality and quantity of proactive disclosure is not up to the desired level, the DoPT said in a circular issued in April 2013.

"It was felt that the weak implementation of the section 4 of the RTI Act is partly due to the fact that certain provisions of this section have not been fully detailed and, in case of certain other provisions there is need for laying down detailed guidelines," it added.

RTI: backdoor appointments in SRTC

Kashmir Dispatch: Srinagar: Friday, 29 August 2014.

In violation of rules, the State Road Transport Corporation (SRTC) has filled dozens of post as apprentice engineers in the Corporation without any advertisement, a Right To Information has revealed.

Surprisingly the Corporation without referring these posts to any of the government recruiting agency obtained approval of then Minister for Transport, who happened to be the Chairman of the SRTC.

"The basic records of the hired candidates are not forthcoming, however, as per available records it appears that no proper advertisement seems to have been issued by the Corporation,” replied the department to the Right to Information (RTI) application filed by one of the candidates, who has sought information regarding the appointment of engineers in SRTC without any government recruiting agency.

The department has neither clear record traceable nor any consolidated information with regard to the number of apprentice engineers engaged from time to time in the department. The department has also admitted that some of the selected engineers have been terminated after discrepancies were found in their certificates and at least 12 candidates were sent on deputation on Motor Vehicle Department as Motor Vehicle Inspectors.

General Manager, Administration, JKSRTC also replied in written after an information was sought under RTI application No. JKSRTC/GMA/PS/J/337, dated 04/03/2014 that the apprentice engineers initially were engaged on consolidated wages in 1996-97 and then were regularized as Junior Inspectors in 10/2002.

The documents reveal that one of the candidates who is JE Mechanical PWD (R&B) have been placed at the disposal of Transport Department vide Government order No 24 PW(R&B) of 2010 dated 22/01/2010 issued by the Public Works (R&B) Department under endorsement No PW/M&S/30/2005 dated 22/12/2009 for his posting in Motor Vehicle Department for a period of two years which expired on 21/01/2012.

“The JE was posed in MVD and Motor Vehicle Inspector (MVI) despite not having license for Heavy Passenger Service Vehicle (HPSV), which was mandatory qualification for the said post,” RTI revealed. The RTI documents also revealed that the former Regional Transport Officer, Kashmir had failed to produce video graph of the trial held on 2/7/2013 when he MVI has given trial for HMSV. “It is informed that video graph facility for recording trial was not available at the trial Centre Srinagar on 2/7/2013 when he has given trial,” the Regional Transport Officer replied to an RTI application.

Strengthening RTI Act : Letter to Editor

Kashmir Times: Srinagar: Friday, 29 August 2014.

Dear Editor,

The RTI Act , which was once hailed as the ultimate weapon in the hands of the citizens to fight for probity in public life, has now lost its sheen. The bureaucracy has effectively nullified this Act by its calculated tactics. The Information Commissioners who are supposed to ensure the implementation of the RTI Act in letter and spirit are really the employed tools to sabotage the RTI Act. They are the carefully chosen ex bureaucrats or those with political and official patronage, who are put on the job to defeat the letter and spirit of the RTI Act and frustrate the RTI Activists.

Now, the ground reality is that most of the letters seeking information under RTI Act are not acknowledged at all or a reply is sent at the end of 30 days stating that the letters should be addressed to some other section. The endless cycle goes on.

On many occasions, the complaints sent to the Information Commissioners are also not acknowledged or routinely forwarded to the so called Appellate authority in the government department, who seldom respond. The net effect is that the thousands of letters seeking information under RTI Act now remain unanswered and are gathering dust.

Some RTI activists who persist with the same letters for several months get tired and have no alternative other than withdrawing from their efforts.

Under such circumstances, when nothing works , people tend to think that only street demonstrations and violence will work in this country to get any response from the government departments. Anna Hazare and AAP exploited such people's frustration for some time and they themselves have been exposed now, as they have proved themselves to be no different from the average politician of India.

In such circumstances, there is no alternative other than the committed individuals resisting corruption and demand for bribery at individual level.

Those who long for probity in public life should not lose heart and they should resist the demand for corruption from whatever quarters in day today life and make themselves role models for others to emulate. A few individuals fighting for the cause in every small town, village and city would certainly keep the ray of hope alive

—N.S.Venkataraman

Centre announces grant for states to simplify RTI process

Economic Times: New Delhi: Friday, 29 August 2014.

The Centre has announced that it would provide financial aid to states to set up facilities for online filing of applications under the Right to Information (RTI) Act and others initiatives aimed at simplification and promotion of the transparency law.

A fund of up to Rs 3lakh for celebration of RTI Week (October 5-12) and Rs four lakh for innovative awareness generation programme through street plays, folk troupes etc has been earmarked by the Department of Personnel and Training (DoPT).

An amount of Rs four lakh per year has been earmarked for the states to set up helpline for answering queries of the general public regarding the RTI Act in their respective regional language.

"Funds would be granted to Administrative Training Institutes (ATIs) based on their respective proposal subject to a maximum ceiling of Rs 4 lakh per annum in the first year which would include rental charges for a telephone line, computer system for data storage, salary for the person manning the helpline and stationery, etc.

"The grants for the subsequent years would be restricted to Rs 2 lakh per annum. Such helplines could be set up in collaboration with NGOs working in the field of RTI," the DoPT said in its detailed guidelines for the grant.

The DoPT has also decided to give grant to states for simplifying the process of filing of RTI applications through an online system.

"The facility of filing RTI applications and appeals online through RTI online web portal has been launched and is being implemented in all the ministries or departments of Government of India situated in New Delhi.

"The same facility can be extended to the state government offices by sharing with them the software developed by NIC (Headquarters), New Delhi," it said.

The Administrative Training Institutes may play the role of catalyst in the implementation of the facility in the public authorities located in the state.

"Proposals in this regard are invited from ATIs and funds would be granted on the basis of such proposal," the DoPT said.

The state governments are also being encouraged to improve record management and suo motu disclosure of information related to their working through financial grants proposed by it.

Besides, Rs 5 lakh (per case basis) will be given to states for carrying out field-based research on RTI and Rs 1 lakh for organising workshops and seminars on promotion of the transparency law.

The RTI Act, 2005, empowers the citizen to seek time bound response from a government department on governance matters.

Did DoPT mess up AIS officers’ cadre allocation?

Times of India: Hyderabad: Thursday, 28 August 2014.

A slip-up by the department of personnel and training (DoPT) of excluding former chief secretary PK Mohanty's name from the list of officers, despite being in service on June 1, has changed the complexion of the entire AIS cadre allocation to Telangana and Andhra Pradesh.

In a revelation that is likely to cause a huge embarrassment to DoPT, sources said according to the AP Reorganisation Act-2014, all officers who were on the rolls on June 1, 2014, should have been included in the list for allocation between two states.

While this same condition forced the government to include names of SK Sinha and J Ramanand in the list for allocation, though they had retired much before the allotment, the same process was not followed in case of PK Mohanty for strange reasons.

"As per the Act, he definitely should have been included in the allocation list. Had his name figured, the entire allocation would have been different and many officers who have now secured posting of their choice would not have got them easily," said a senior government official.

In fact, a TOI investigation revealed that on June 1, Mohanty as chief secretary issued several orders, including deputing IYR Krishna Rao, the then chief commissioner of land administration (CCLA) as chief secretary of residuary Andhra Pradesh (GO Rt No. 2344) and officiating Rajiv Sharma as Telangana chief secretary (GO Rt No 2345). On both files, Mohanty had signed and orders issued on June 1 were in his name.

Investigations also show that Mohanty on June 1 signed and cleared more than 120 files and issued 33 government orders. All these orders would give ample evidence that he was in service even on June 1.

Sources said there are two arguments on this issue. "First, that the retirement day can be reckoned as the preceding day of demitting office. But the Supreme Court in an earlier judgment has made it clear that for all practical purposes, the last day of service must be counted. Even for voluntary retirement, the day of demitting office would be reckoned as last day in office," explained an expert on AIS service rules.

Now, had Mohanty's name figured in the list, all those who were allotted to Telangana would have landed in Andhra Pradesh as per the roster. Mohanty's name would have been at number four after RP Watal and before Chandana Khan.

Had the name of Mohanty figured in the list as per the Act, he would have been allotted to AP as per the roster and there would been whole lot of changes in the entire allocation, changing fortunes for many officers.

In the regular outsider cadre, there are 82 officers of which 36 should have gone to Telangana, and DoPT decided on the ratio as 1:2 and made the allocation between two states accordingly.

Highly-placed sources said that a senior official in the Union home ministry had come to Hyderabad much before the provisional allotment and held series of discussions with senior officials of both states at the Falaknuma Palace.

Earlier, he played a key role in selecting officers who would be 'ordered to serve' for Telangana state on June 1. He also played a key role in providing crucial information to his close associates, including his batch-mates.

Based on this information, some officers had stepped up their efforts for securing the cadre of their choice before the formal allocation and some of them even succeeded. All officers who have grievances on allotment are now busy presenting their objections to DoPT as August 29 is the last date for doing it.

"Some officers have already filed RTI application demanding minutes of DoPT meetings," disclosed a senior official. Some officers are keen to file separate applications to seek minutes of the Pratyush Sinha Committee meetings, both in Hyderabad and at New Delhi.

Decide complaint against Sonia Gandhi in six months: Delhi HC to CIC

Economic Times: New Delhi: Thursday, 28 August 2014.

The Delhi High Court has directed the Central Information Commission to decide in six months a complaint against Congress President Sonia Gandhi on the issue of non-compliance of transparency panel's directions that the party was answerable under the RTI Act.

Noted RTI activist R K Jain had approached the Commission with his complaint against Gandhi saying that the party had returned his RTI application dated February 7, 2014 without answering.

A full bench of the Commission had declared Congress along with five other national parties-- BJP, CPI, CPI-M, NCP and BSP-- as public authorities making them answerable under the RTI Act.

Refusal to provide information or not furnishing complete information is deemed an offence under the RTI which attracts a penalty of Rs 250 per day from the date information became due to the day it was furnished on the public information officer of the public authority.

None of the political party has so far received any stay order against the decision of the Commission declaring these parties as public authorities which implies that they must adopt the procedures of processing the RTI application as given in the transparency law.

But when Jain sent his RTI application, seeking to know from Congress party the steps taken by it to implement the RTI Act and designated officials to respond to the RTI applications, the party refused to "take delivery" and returned the envelope.

Pune police's call recording facility was defunct for 2 yrs, reveals RTI activist.

Mid-Day: Pune: Thursday, 28 August 2014.

Nearly five years ago, the Pune police was much lauded for introducing the voice logger facility to its control room, enabling them to record calls that gave them tip-offs or information about ongoing cases. A Right To Information (RTI) query launched by a city activist has, however, revealed that the facility has been out of operation for the past two years.

Calls recorded by the system formed an important part of evidence, and also helped the police nab criminals based on the information given by callers. It was especially useful in sensitive or controversial cases such as terror attacks, murders or attacks on women.

However, in a reply to an RTI application by Lohegaon-based social activist Binod Kumar Ojha, the police admitted that the system had become defunct due to non-maintenance. The reply, dated August 18, stated that the software had been installed on November 22, 2009, with a three-year annual maintenance contract (AMC) with a software company. After the contract ended on November 22, 2012, there was no further upkeep of the system, and issues began to arise with it.

The activist, Ojha, pointed out that this was a major lapse, as the facility could provide crucial evidence for several ongoing criminal cases as well. “Pune city has witnessed many controversial criminal incidents, like the recent bomb blast outside the Faraskhana police station, or the murder of the anti-superstition activist Dr Narendra Dabholkar. Besides this, crimes against women are increasing day by day. As an alert citizen, if I were to call the police control room, where is the guarantee that it would help police in investigating the crime?” he asked.

“The voice logger service at the police control room is crucial, as it becomes the most vital piece of evidence during any criminal trial. If the Police Commissioner does not respond to our demands of restarting the recording facility, we will be compelled to approach the courts,” he told mid-day.

The Other Side

While the police’s official reply to Ojha admitted that non-maintenance had led to the system’s end, Deputy Commissioner of Police (Special Branch- I) Shreekant Pathak made entirely different claims. Mentioning that the system is not in working condition, he said, “The server was affected during a fire incident recently. I have asked my officials to send all information about the AMC tomorrow (August 27).”

Prank callers nabbed

The voice logger facility also helped the police to nab prank callers, who often called as many as 50 times just to bother the officers, or, sometimes, because the calls were free of charge.  The Pune police control room receives more than 10 thousand calls daily, out of which almost 90 per cent are blank or prank calls. With the help of the recording facility, the police had identified and sent notices to 229 culprits, and summoned 108 of them to the commissioner’s office.

HC asks RTI activist to deposit Rs 1 lakh before hearing PIL

Times of India: Nagpur: Thursday, 28 August 2014.

With a view to stop frivolous petitions that were used by the alleged blackmailers for their vested interests, Nagpur bench of Bombay high court on Wednesday asked an RTI activist to deposit Rs 1 lakh to prove his bona fide before hearing his Public Interest Litigation (PIL) about alleged financial irregularities in Nagpur Municipal Corporation (NMC).

The court's directives came just a couple of days after Supreme Court's refusal to interfere with an Allahabad High Court order asking a persistent PIL litigant to deposit Rs 25,000 with every case she filed. In 2005, even the Law Commission recommended to the Centre to prevent frivolous litigation by enacting a law on the lines of Madras Vexatious Litigation (Prevention) Act of 1949.

A division bench of justices Vasanti Naik and Pukhraj Bora asked Mukesh Sahu's counsel Srikant Khandalkar to complete formalities before adjourning the hearing by two weeks. The judges made it clear that notice would be issued to respondents only after the petitioner deposited the amount with the court registry. Recently, while hearing a PIL against shops and establishments at Telangkhedi promenade, the court had asked the shopkeepers, who had filed petitions against NIT for same cause, to deposit Rs 23 lakh with its registry.

Citing an audit report, Sahu had demanded a probe into alleged misuse of public money by the NMC. He pointed out a string of irregularities by the civic officials while awarding tenders or contracts between 2002 and 2011. Union secretary for rural development, state secretary for General Administration Department (GAD), NMC commissioner, and superintendent of anti-corruption department among others were made respondents.

The Allahabad High Court had asked petitioner Nutan Thakur, known for filing PILs on various issues who had clocked a score of 86 petitions so far, to deposit money with every new PIL she would be filing. The court made it clear that the deposited amount would be refuned only if it found the PIL to be advocating a genuine public cause.

Asserting that no one can rush to the court with a PIL for every headline in newspapers, the three-judge supreme court bench of chief justice RM Lodha and justices Kurian Joseph and RF Nariman, stated that there was a need for a law in every state to curtail vexatious and frivolous litigations. "In Maharashtra, there is a Vexatious Litigation (Prevention) Act of 1971 that needs to be enacted by every state," it said.

Hailing the court's decision, Jan Manch president and noted lawyer Anil Kilor, who had filed many PILs on behalf of his organization, said the move would act as a deterrent for the petitioners who misused this tool to settle personal scores or to blackmail. "The apex court had directed all high courts to ask petitioners to deposit the money if it found something fishy in the case. If it is proved that the case was filed for settling scores or for vested interests, that deposit could be forfeited. It is only way to keep a check on frivolous PILs," he said.

'Full panel of RPSC decided to pay RTI fine from commission's account, Gauran not involved'

Times of India: Ajmer: Thursday, 28 August 2014.

The Rajasthan Public Service Commission (RPSC) on Wednesday said the decision to pay Rs 25,000 as a penalty under the RTI Act from the RPSC account was the decision of the full bench of the commission, which is constitutional body.

The Anti Corruption Bureau (ACB) on Wednesday went to RPSC to record the statement of chairperson Habib Khan Gauran and to carry out an investigation into the decision of paying the money from the account of commission. The Ajmer wing of ACB is investigating the matter of paying the penalty from the RPSC account.

Sources said ACB officials met secretary Naresh Kumar Thakral and took information about the decisions of the RPSC. They also met Gauran and recorded his statement on the issue.

Sources said the decision of paying the penalty was made during the tenure of former chairperson and there was no role of Gauran in it. "Any decision of the full bench of RPSC is non-challengeable and therefore it could not fall under the category of corruption," an official said, adding that the RPSC had the power to make rules and decide on certain issues.

Gauran was earlier charged with taking the decision when the state Right to Information Commission ordered RPSC to pay a penalty of Rs 25,000 for not providing information to an applicant.

RTI activists meet governor, seek removal of TN info panel

Times of India: Chennai: Thursday, 28 August 2014.

After a series of protests against the indifferent attitude of Tamil Nadu State Information Commission to provide information to RTI petitions, activists on Wednesday met governor K Rosaiah and submitted a petition to dismiss the info panel.

"The chief information commissioner K S Sripathi and other commissioners are working against the interest of Right To Information (RTI) Act. They don't have any moral right to continue in their post as they had completely neglected the transparency law," said Siva Elango, president of Satta Panchayat Iyakkam (SPI), an NGO.

He said the governor has the power to replace the commission under the Section 17 of RTI Act. "In 2012, an information commissioner in Kerala was suspended by governor H R Bhardwaj."

As per the RTI Act, the chief information commissioner and information commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

"The Act nowhere mandates that only retired bureaucrats can be appointed as the commissioners. TN should also follow the same and constitute a panel with experts which compromises of RTI activists on the lines of New Delhi," said Elango.

"The commission had released its annual report till 2008 a week ago after repeated protests by RTI activists. Of the sanctioned strength of 10 state information commissioners, 5 posts are vacant resulting in an accumulation of several lakhs of appeals. Activists say the lethargic, irresponsible attitude of Sripathi is the reason for the pendency," said Senthil Arumugam, general secretary of SPI.

When contacted, Sripathi refused to respond to the call.

However, activists said that meeting with governor was a success. "The governor promised to look into the issue and take necessary action," they added.

IAS officers look for a 'swap'

Times of India: Hyderabad: Wednesday, August 27, 2014.

Shocked at the way cadre allocation process was held this week by the department of personnel and training (DoPT), several IAS officers are now planning to use what is known as a ?swapping option' to stay back in Hyderabad.

Swapping is possible when two officers, belonging to different states, request the DoPT to change their cadre on personal grounds. But in all cases of swapping, a no-objection certificate (NOC) from both state governments is necessary.

After the DoPT released the list of officers provisionally allotted to the two states on August 22, there has been a flood of visitors to the offices of the AP and Telangana chief secretaries. Officers who met IYR Krishna Rao and Rajiv Sharma enquired about the NOC if they can get a candidate willing to swap their cadre.

Some officers have already managed to finding swapping partners. Kona Sridhar, who was allotted to AP, has swapped his cadre with M Dana Kishore for Telangana. While Dana Kishore belongs to the 1996 batch, Sridhar is from the 2003 batch of IAS.

Under the DoPT rules, officers are even allowed to swap with retired officers whose name is in the list, as the cut-off date for IAS officers was originally June 1, 2014. For instance, Mudavat Naik, who belongs to the 2005 batch, was allotted to AP, but has changed his cadre to Telangana by swapping with J Ramanand of 1979 batch. Ramanand had retired on July 31, 2014.

Swapping within the same batch was allowed by the DoPT in the provisional allotment also, resulting in the change of cadre for several officers. Rajeswar Tiwari, who was allotted to AP, swapped with his batchmate Satish Chandra, who was allotted Telangana in the roster.

"There are no clear guidelines on swapping and nobody has been informed about the existence of such a facility. Those who were privy to the information have already prepared the NOC and sent it to the DoPT. The information about cadre allocation was leaked to some," alleged some officers, who have now decided to file an RTI application to DoPT and make the minutes of the Pratyush Sinha committee meeting public.

Officers are seeking to know how the draw of lots executed on August 16 was completely changed in the provisional allotment on August 22. "After the draw of lots, those who attended the meeting went on record saying that it went in favour of Telangana and all three senior-most officers in IAS, IPS and IFS would go to Telangana. But in the end, all of them were allotted to AP," pointed out a senior official.

With many officers now rushing to the AP chief secretary with requests of swapping, sources said he has assured them not to take a hasty decision and promised a good future in the new state. But, officers are not convinced and are still looking to get an NOC for swapping.

Bureaucratic symbiosis

·       Under the DoPT rules, two officers, belonging to different states, can request for a cadre swap on personal grounds

·       In all cases of swapping, a no-objection certificate (NOC) from both state governments is necessary.

·        Officers are even allowed to swap with retired officers whose name is in the list of allottees as the cut-off date for IAS officers was originally June 1, 2014

·     Officers are now rushing to the chief secretaries of both states with enquiries about this option as many of them want to stay back in Hyderabad

UPTET qualified candidates still wait Board recognition

Times of India: Allahabad: Wednesday, August 27, 2014.

Saumya cleared Uttar Pradesh Teachers Eligibility Test (UPTET) in 2011 while she was still pursuing BEd, which is the mandatory qualifying examination. She passed BEd a year before the declaration of TET results in 2013. Three years on, the candidate is still running from pillar to post to know whether she is eligible to apply for teaching in government or aided schools or not.

She is among thousands of candidates, who are facing this dilemma due to failure on the part of State Council of Research Education and Training (SCERT) and Uttar Pradesh Madhyamik Shiksha Parishad to communicate the status of such candidates. It may be recalled that TET was conducted to fill 72,000 vacancies of teachers in government schools across the state.

The Board, which conducted the examination in 2011, had refused to recognise the aspirants as eligible to apply for teacher in the absence of any direction from state government while SCRET, which provides guidance, blame onboard, for messing up the situation.

The candidate got some respite when in July, 2014, National Council for Teacher Education (northern region committee) has in reply to an information sought under RTI, has said that all such students are eligible for 2011 examination.

S V S Chaudhary, regional director, NCTE (northern regional committee), said: "We inform you that if such candidates have pursued BEd session 2011-12 as per norms, they are eligible for UP TETE 2011 examination."

However, the candidates who were aspiring to get a job of teachers, said that when they contacted UP Board, the officials there denied that they have received any such order, regarding students who had cleared BEd session in 2012.

An official said, "We sympathise with the students but till now we have not received any clarification from any the authorities regarding inclusion of such students."