Wednesday, November 7, 2012

Is the constitutional status / autonomy to CVC & C.B.I is adequete for good governance in public administration?

India would do well to grant autonomy to more constitutional offices such as the Central Bureau of Investigation (CBI), the Central Vigilance Commission (CVC) or the still to be created Lokpal, says Comptroller & Auditor General Vinod Rai.

It is essential. simultaneously enactment of right to public service & whistlerblower acts are also becomes inevitable looking to experience to fix the liability as well as to safeguard genuine.


equally important is appointment of Right person on right job with legal sense . because how so ever strong & sound law act , regulations or rules may be there afterall it is to be implemented by government &public servants. it is evident global that implementation of law &order is powerful without favour or fear honestly sincerely& scrupulously in true spirit only there it has succeded . Another important aspect is quick prosecution & speedy justice delivery system. Because as of now almost more than 45000 cases are at apex court, 2.5 lakhs @high court& 2,5 cores at various lower court level pending. It is principle of justice that justice delay is justice denied. & injustice meted out any where is dangerous for justice every where.

Thus justice is truth in action as rightly pointed out by Benjamin disraely.

Friday, October 26, 2012

personal information under RTI. Can your personal information be disclosed under RTI to others?

What is personal information under RTI. Can your personal information be disclosed under RTI to others?


Personal information of citizens is protected from disclosure, subject to certain conditions, under section 8.1.j

This section provides protection of such personal information from public exposure, the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual, unless a larger public interest justifies the disclosure of such information.

Here question arise of interpretation of section with wisdom & prudence. as per this service record of public servants need to be divulge if read with section 4 of proactive disclosure along with preamble of the act emphasizing informed citizenry in democracy with the objectives transparency & accountability to contain corruption. But supreme court in recent past has delivered different verdict interpreting otherwise. should not that be placed for review or appeal?uch PPRACHARAK IS HEADING A government. IS IT CONSISTENT & CONVINCING?

Monday, October 22, 2012

Power of RTI & Right to service

Power of RTI & right to service


My son's F>D. was maturing on 23rd &of August. 12 on 23& 24th august banks employees were on strike. F.D. deposited in to his account after two days with interest up to 22nd.

He complained to Bank authority & later on ombudsman & RBI to claim two days refund. Reply of bank was we issued notice of strike. contention of my son was illegal grabbing of two days interest. ultimately after a month bank credited two days interest Rs. 15/ in to account. In this regard RTI is also made to RBI & MINISTRY OF FINANCE TO KNOW ACROSS THE NATION HOW SUCH ILLEGAL INTEREST IS BEING GRABBED BY ALL BANKS FOR THOSE TWO DAYS. LET US SEE.

Another incident is charging of national electronic fun d transfer charge by bank.

Which I challenged before bank & RBI as well as to ombudsman on the ground that it is incumbent on the part of bank to provide customer free cheque book. Under the circumstances if NEFT is used how bank can charge the transaction? on the contrary customer is resorting paperless e. transaction who should be rewarded. for protecting environment as well as money stationary & man power of bank up to the extent.

Ultimately bank refunded the transaction charge.

let us awake for ciciv rights/ consumer right & fight unitedly

Saturday, October 13, 2012

SC -CIC should only be a person who is or has been a Chief Justice of the High Court or a judge of the Supreme Court of India. & taking in to net welfare trust body

SC -CIC should only be a person who is or has been a Chief Justice of the High Court or a judge of the Supreme Court of India.
2 Several welfare trusts and public authorities claim exemption from the RTI Act on the basis of being independent bodies? Are they?

1/Not necessarily. cic post is not absolute judiciary but quasi judicial.


RTi is an act of parliament supreme court can interpret but can't dictate centre or parliament to amend law. constitution

has rightly demarcated / distinguish power,authority& duties of parliament,executive &judiciary thus all should maintain limit with one's introspection. If read keep this verdict along with the swpeech of H/P.M. iNDIA ON  7TH ANNUAL CONVENTION OF CIC refering circumscribin RTI in case of encroachment on privacy.   Actualy if read & kept in mind the provisions under section 8, 9 & 11 of the act sufficient provisions are already there in the act it self to safeguard the interest of person or privacy.  Both the  cases seems to    pervert/ straggle  the transparency & accountability act rather to scuttle or strangulate tha act. 2/ On the contrary looking to corporate corruption public limited companies &charity trusts where ever public fund is involved must cover under RTI. Than only transparent good governance will be there.

Monday, September 24, 2012

Criticism for the sack of criticizing Dr. manmohansing or understanidg ground reality

o It is tragedy of Indian democracy that the person who is renowned globally I.M.F. world bank & who has remained GOVERNOR RBI ordinary people are evaluating his ability. My dear understand all these one has to be sephologist, polster, at least master in politics to understand the coalition compulsion.


• After all we the people who brought all MPs to parliament or we abstain from voting. during all these tenure except CAG report how many politicians have raised single question? all are sailors of same boat. Rather we people have never asked the account from them. Not at nation but at state too similar scenario prevails why states are reluctant/ for lokaukta & parties are reluctant for lokpal. Ponder to understand & come out from the herd of ships.

Wednesday, September 19, 2012

Our worship Or extraveganza to pollute enviornment encroaching somebody's right to life & liberty

• Worship, obeisance, spirituality & theism all is welcome. But the manner in which people are wasting millions of Rupees in country like ours for 10 days just to immerse in to river or pond or sea water merely to increase the pollution, spoiling eco friendly environment ,raising noise pollution is it our freedom of religion, expression of speech & life or liberty? On the contrary we are not taking away other right to life & liberty who are sufferers?


Inflation is rising, diesel price increase pinching us But we are not prepared to curtail this kind of extravaganza. If the same quantum of money spend on social cause indeed we can with collective efforts of humanity uplift the down trodden in true sense. Should we not think seriously in this regard. God may give some inspiration to everybody



Sunday, September 16, 2012

Isn't It The Government Servants Themself Paying For Their Own In-Efficiency? The panecia?

When one is pondering at current national scenario right from 2G spectrum , common wealth, Hasan Ali, Aadarsh society in Mumbai to coal gate to Nano in Gujarat
you would realize that with each such Government big loss projects, it's the Government Official them selves who are the major chunk, funding from their hard earned income for in-efficiency and corruption. Question will crop up that
Isn't it the Government Servants themselves paying for their own in-efficiency?
But actually &a; candidly speaking These lot of government servant - majority of them

 When wrong persons on right jobs none should expect better result than this. These are such public/governments servants to whom chair is decorating them/ When persons with outstanding caliber having multifaceted, multi dimensional personality, honest &; integrated larger THAN LIFE SIZE human being only are selected in recruitment process &; appointed as custodian of national wealth to govern one can expect transformation, Transparent & accountable public Administration & good Governance. In present system right from U.P.S.C to STATE P.S.U to other board this concept is lacking.
Merely passing one or two exams &; showing hype, hypocracy, pompous even selectors are illusion or other factors plays the role to dump such inefficient wrong persons in public administration &; entire nation becomes sufferer. Whole system need to overhaul.





Wednesday, May 30, 2012

Appointment of PIO & Appellate officer under RTI & spirit,objectives of the act by higher up to avoid to face RTI CT.

Appointment of PIO & Appellate officer under RTI & spirit, objectives of the act by higher up to avoid to face RTI CT.


Appointment of PIO & Appellate officer under RTI & spirit, objectives of the act by higher up to avoid to face RTI CT.

if LOOKED AT THE OBJECTIVES OF THE ACT TRANSPARENCY, ACCOUNTABILITY, CONTAIN CORRUPTION & HOLD GOVERNMENT & it's instrumentalities accountable to governed.

well under the bellow of head of office , a senior level officer must be appointed as pio so that his/ her immediate superior may be appellate officer,

Even looking to provisions under section 25 of the act, of reforms, development, etc too custodian of the record & controlling officers of the affairs of the authority should be as PIO so that New policy framing, POLICY CHANGE, policy DESIGNING, POLICY REVIEW FACTORSD MAY ALSO BE ADDRESSED.

Unfortunately it is not scrupulously followed which may kill the very purpose of the act.

Necessary direction need to be issued to all public authority by centre or state .



Saturday, April 28, 2012

RTI PROBLEMS, ISSUES & REMEDIES FOR EFFECTIVE IMPLLEMENTATION

 info cant denied to parliament or legislature cant be refused to applicant- THUS RTI IS SILENT REVOLUTION



BENEFITS / ADVANTAGES NOT REACHES COMPLETELY & TIME BOUND TO NEEDY OR FOR WHOM PRAPOSED- reasons:-


 CORRUPTIONS, MANIPULATIONS, MALADMINISTRATION & MIS MANAGEMENT

 THUS POOR PUBLIC ADMINISTRATION

 LACK OF PAD / CITIZEN CHARTER

 RECORD CLASSIFICATION & MAINTENANCE POOR

 EQUITY BEFORE LAW ARTICLE 14 OF CONSTITUION NOT MAINTAINED

 FIFO PROCEDURE NOT FOLLOWED

 GRIEVANCE REDRESSAL NOT QUICK

 PUBLIC DUTY NOT PERFORMED SCRUPULOUSLY

INJUSTICE ANY WHERE IS DANGEROUS TO JUSTICE EVERYWHERE

 ACTIONS SPEAKS LOUDER THAN WORDS

 TWO WEAKNESS OF HUMAN BEING-

 TO BE SILENT WHEN IT IS PROPER TIME TO SPEAK & TO SPEAK WHEN IT IS PROPER TIME TO BE SILENT



Remedies for effective implementation of RTI



 INFORMED CITIZENRY

 TRANSPARENCY , ACCOUNTABILITY & CONTAIN CORRUPTION

GOVERNMENT & IT’S INSRUMENTALITIES HOLD ACCOUNATBLE TO GOVERNED

 PRACTICAL REGIME FOR RTI

 REVEALATION OF INFO MAY COFLICT WITH -

 public interests ,efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information

 TO HARMONISE THESE CONFLICTING INTEREST TO PROVIDE CERTAIN INFO PRESERVING PARAMOUNATANCY OF DEMOCRATIC IDEAL.

 SOUL SEARCHING, ACT AS PER CONSCIOUS.

 TO GO WITH THE CONTENT OF THE ACT NOT INTENT.

 HAVE POSITIVE ATTITUDE & TREAT APPLICATIONS UNDER RTI TO EVALUATE/ INTROSPECT TO IMPROVE .



RTI success story- My experience in Surat municipal corporation

 YEAR RECEIVED DISPOSAL AVERAGE

05-07 974 775

07-08 1595 1283 132 P.M.

08-09 2934 2288 244 P.M.

09-10 6366 4903 530

10-11 6798 6190 566

11-12 8321 5938 693



TOTAL 26988 21377 408

YEAR RECEIVED DISPOSAL AVERAGE



05-07 103 103

07-08 209 209 17 P.M.

08-09 427 427 35 P.M.

09-10 463 463 38

10-11 429 429 36

11-12 715 572 60

TOTAL 2346 2203 36

IN 09-10 FIRST APPEAL 8% TOTAL REQUEST

IN 10-11 6.3% in 11-12 8.60

OVERALL LESS THAN 8.7%

UP TO march 2012 -334 CASES REPORTED FOR SECOND APPEALS AS PER REFERENCE OF STATE COMMISSION

THUS LESS THAN 15% OF 2346 FIRST APPEAL & LESS THAN 1.15% OF TOTAL APPLICATIONS 15205

193 SO FAR OUT OF TOTAL 26988 during 6.5 years THUS LESS THAN 1 %





This shows excellent performance on part of SMC even compared with global datas. where in t delay or rejection is to the tune of almos 50% or more







Saturday, February 25, 2012

My crusade against corruption/ appointment of wrong persons on right jobs

amended resolution of state of Gujarat for dmc post wherein it has revised the qualification of the post with retrospective effect quashing mandatory law degree.
The point to be raised are
1/
Once approved rules under Bpmc act under section 455 of the act again cant be framed by state sue moto0 unless corporation is directed to do so by it & corporation fails to do so under section 456
2/ state had already approved it previously under section 455 of the act exercising it's powers.
3/ state cant amend it with retrospective effect once approved without the corporation general board resolution with prior publication of the same . Which has not been followed before amending.
4/ state has CONSIDERED & READ THE REPRESENTATION MADE BY MUNICIPAL COMMISSIONER & Dmc’s representation in letter form to undue protect favor & uplift particular person in question illegally & arbitrary. Thus case of nepotism, favoritism & Manipulation & corruptive practice up to the extent.
5/ Only general Board is empowered to amend under section 457 subject to 454 & 455 which has not been scrupulously followed in this case. Thus gross violation of the statutory provision.
5/ It is a fit case on the part of than commissioner & state to resort to unfair, illegal capricious practices with ulterior motive to favor particular person respondent No. 4 of the petition
6/Even otherwise it proves that since matter is in Court with selfish & ulterior motive smc commissioner & state deliberately not filled up the post duly advertised until it has recently amended rules illegally.
7/ It is also tantamount to contempt of court to amend in this manner while the matter is subjudice..
8/ Even otherwise respondents are liable to be reverted as on the date of so called promotions by state on 8th June than recruitment rules were in operation.
9/ Even if referred the affidavit in reply filed by respondent No 2 & 3 in present petition 13901/2011 on Dt 4th October 2011 if read para 6,9,12 & 15 of the affidavit respondents themselves have committed to have revised recruitment rules of mandatory law degree being adopted in the corporation of surat duly approved by state, though letters were dropped by commissioner & not corporation to amend the qualification which is ultra virus of the act, & applications invited are also filed by the corporation in view of the revised rules having mandatory law degree, They have also committed that they are going to give fresh advertisement in this regard though it has not given nor processed to fill up the posts in question itself crystal clear that with ulterior motive entire exercise is being made. Thus proves that it is day light murder of constitutional 74th amendment, also it indicates disguise AUTOCRACY/dictatorship in democracy.