Sunday, 30 March 2014

140331-RTIA-EXPOSING THE IDIOTS AND TRAITORS AMOUNG PUBLIC SERVANTS-THE KSIC



(This is the 2nd of a series of exposures being brought to you by Veteran Major P M Ravindran, Kalpathy who can be contacted at raviforjustice@gmail.com. The 1st, including the introduction, is 140312-RTIA-Exposing the Idiots and Traitors amoung Public Servants-O/o The DC Pkd and is available at http://raviforjustice.blogspot.in/2014/03/140312-rtia-exposing-idiots-and.html. Watch out for more at http://raviforjustice.blogspot.com)

The Information Commissioners (ICs) appointed as per Sec 12(3) and 15(3) of the Right to Information Act (RTIA) are the watchdogs of transparency and are ultimately responsible for the enforcement of this law in letter and spirit. Sec 23 of the RTIA states: No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. Sec 19 and 20 of the Act specifies the duties and powers of the information commissioners. Sec 19(8) and 20 are reproduced for ready reference.

Sec 19(8).

In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to—
(a)               require the public authority to take any such steps as may be necessary to secure
compliance with the provisions of this Act, including—
(i)         by providing access to information, if so requested, in a particular form;
(ii)        by appointing a Central Public Information Officer or State Public Information
Officer, as the case may be;
(iii)       by publishing certain information or categories of information;
(iv)       by making necessary changes to its practices in relation to the maintenance,
management and destruction of records;
(v)        by enhancing the provision of training on the right to information for its
officials;
(vi)       by providing it with an annual report in compliance with clause (b) of sub-
section (1) of section 4;
(b)  require the public authority to compensate the complainant for any loss or other
detriment suffered;
(c) impose any of the penalties provided under this Act;
(d) reject the application.

Sec 20.

(1)   Where the Central Information Commission or the State Information Commission, as
the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees:
                                   

Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be.

(2)   Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him.

With the awareness of the duties and powers of the ICs as given above, there is no doubt that the law has been subverted most blatantly and with impunity by these very ICs. While the law makers did enact a very simple, straight forward and unambiguous law, those responsible for enforcement did act treacherously to kill the law in its infancy itself. This was achieved by appointing former public servants with vested interest in subverting the law as ICs. It is worth recollecting the quip ‘in India the civil services are neither civil nor provide any service’! And these perfidious ICs have been able to get away with such murder because the ultimate word on any law, the judiciary, is an even greater failure going by the dictum ‘justice delayed is justice denied’, forgetting about it being inaccessible to the majority of the citizens! About this organ of our Constitution, later.

While many states, including some of the BIMARU (Bihar, MAdhypradesh, Rajasthan and Uttarpradesh) of the Union had enacted a law akin to the RTIA long before the Central law came into force on 15 Jun 2005, India’s most literate state, Kerala, had shied away from such a law.  Now when the Central law demanded that the appointment of ICs be made immediately, it took the then Chief Minister of Kerala, Ommen Chandy, till 19 Dec 2005 to constitute the KSIC. But even the 1st appointment of the 1st Chief Information Commissioner was mired in controversy as the then Chief Secretary to the Government of Kerala, Palat Mohandas, who had failed ab initio to implement the law, had been appointed the CIC even before he had relinquished his appointment as the Chief Secretary! May be it was to accommodate this delinquent Chief Secretary himself the constitution of the KSIC and appointment of its 1st two ICs, including the CIC, was delayed.

As per the law, public authorities were to organise their records by 12 Oct 2005 as well as proactively disclose certain basic information pertaining to their functions, remuneration of its officers and employees etc. The public could start applying for information thereafter. Anyhow, suffice to say that the KSIC was constituted and the first two ICs appointed before the 1st of the 2nd appeals could have been submitted! While Palat Mohandas and V V Giri, another bureaucrat, had taken over as CIC and IC respectively on 21/12/2005, another two-P Faziludin, a media person, and P N Vijayakumar, a former judge- were appointed on 24/5/2006 by the new government headed by V S Achuthananadan. And in the words of Col N R Kurup ‘All information commissioners are well settled in a centrally air-conditioned building adjacent to the government secretariat, with an army of staff  and all facilities that can be the envy of any good multinational company’! Alas! The KSIC exists to prove the adage ‘the opulence of the front office décor is indirectly proportional to the fundamental solvency of the firm’!

Palat Mohandas as the CIC visited his alma mater, Government Victoria College, Palakkad, sometime in 2006 and addressed a gathering on RTIA. By then Ommen Chandy had handed over the baton to V S Achuthanandan and the CIC went hammer and tongs criticizing the government for its failure to implement the law. During the Question-Answer session it was left to me to remind the CIC that after the teams have entered the ground and the rules have been made clear it was for the referee to enforce the rules and ensure the game proceeds as per the rules. There was no room left for any doubt that the onus of implementing the law was with the team of information commissioners. Later, on 26 Jan 2007, I had the opportunity of confronting him again at a seminar on RTIA organized by the Rotary Club there. By then the incompetence, indifference, delinquency or treason, call it what you will, of the ICs had become crystal clear and some suggestions were given in writing covering the issues from acknowledging receipt of complaint/appeals by the Commission to confirmation of compliance with the orders. The copy of these suggestions is given at the end, for those who are keen to know the details. But unfortunately things have only gone from bad to worse since then. No acknowledgements, no system of ensuring the complaints/appeals are disposed of on FIFO (First In First Out) basis, no information being provided, no mandatory punishments…; in fact nothing that is being done is being done right! Complaints to appropriate authorities have drawn blank as will be narrated while discussing the offices of the Chief Minister and Governor of Kerala.

Now, here’s a question. How much water from the ocean will one have to drink to prove that the whole water in the ocean is salty? One sip should be enough, isn’t it? Now here are three sips to prove that everything about the KSIC is rotten.

Case 1: Letter from KSIC to RDO, Palakkad in violation of Sec 5 of the RTIA.

Sec 5 of the RTIA mandates that all public authorities at the sub-district/sub-divisional level appoint an Assistant Public Information Officer (APIO) in additional to PIOs to just receive application and appeals and forward them to the PIOs of concerned public authorities, including 2nd appeals to the information commissions. The Kerala Government instructions on the subject also make it abundantly clear. And the PIO of the O/o the RDO, Palakkad had been complying with this order without much fuss. And then Palat Mohandas and his team of ICs and subordinate staff landed at Palakkad on 19 Feb 2007 to conduct hearings in some complaints and appeals. Since a couple of my own complaints/appeals had been pending with the KSIC I was curious to know the number and dates of filing of the complaints/appeals being heard that day. The only info that was disclosed was that 4 to 5 cases were being heard and the concerned individuals had been intimated and the hearing would be conducted behind closed doors, that is not open to public! But an application under the RTIA to the PIO of the KSIC elicited some half cooked responses only. But between the PIO and the First Appellate Authority (FAA) some interesting facts were disclosed. Of the 5 cases taken up for hearing at Palakkad on 19/2/2007 three had been filed after my own first 2nd appeal to the KSIC had been filed! And even though a hearing had been held at Wayanad on 12/2/2007, one of the five cases considered at Palakkad on 19/2/2007 was of Wayanad! And in the most condemnable manner, both the PIO and FAA failed to disclose any information about the cost of conducting the sitting at Palakakd! The 2nd appeal against the PIO and FAA of the KSIC is pending with the KSIC since 29/5/2007! But it had a different fall out. The KSIC wrote to the PIO, O/o the RDO, Palakkad directing him not to accept any applications/appeals from me, in blatant violation of the provisions of the RTIA! Copy of this letter is available at http://www.slideshare.net/raviforjustice/rti-letter-from-ksic-in-violation-of-act051007

Case 2: Idiotic Order of KSIC in AP No 452/2007.

An application had been filed with a public authority along with the application fee due. The PIO responded with a demand of cost which was also paid. Both the fee and cost had been paid as per the then existing rules. The PIO after receiving the cost sent a letter claiming to enclose the 20 pages of documents but without enclosing those documents! It was not any error but a willful deceit because if it had been an error it would have been detected (the non-dispatched set of documents would have been there with the handlers, wouldn’t they?) and they would have been sent immediately thereafter. It did not happen that way. It had to be communicated to the PIO that he could not send 20 pages of documents on a postage of just Rs 5/- and finally when the documents came the delay was such that the information was due free of cost. The public authority refused to refund the cost. To keep the 2nd appeal simple only the refund of cost was demanded along with compensation as per Sec 19 and imposition of penalty under Sec 20 of the RTIA. The CIC, Palat Mohandas, and his colleague, V V Giri, who considered the 2nd appeal gave a ridiculous decision on 21/12/2007. The crux of the decision is that the appeal was dismissed on the ground that the fee and cost had not been paid as demanded by the PIO and hence the application itself was invalid and whatever information had been provided had been deemed provided free of cost! The copy of this order is available at http://www.slideshare.net/raviforjustice/rti-ksicidiotic-orderof-ksic-in-ap-no4522007. The point to ponder is when a number of means have been provided to pay the fee/cost are the options available to the applicant citizen or the PIO can prescribe the mode of payment. The KSIC itself has in another case-Appeal No 1370(4)/10/SIC- stated unambiguously that it is the prerogative of the applicant to choose the method of payment of the fees out of the allowable modes!

Case 3: Office of the Minister not a Public Authority!

Yes, the 1st CIC of Kerala has the dubious honour (?) of stating on record that the Office of the Minister for Finance of Kerala is not a public authority! The order is available at http://www.slideshare.net/raviforjustice/rti-ksic-orderministers-office-not-public-authority.

Now, the bureaucracy in India is an acknowledged stumbling block in the growth of the nation. At a survey conducted by NDTV, 86.87 pc of the respondents answered affirmatively to the question ‘Do we really have the most corrupt bureaucracy in the world?’ And this is from another report at http://www.ndtv.com/convergence/ndtv/new/Ndtv-Show-Special.aspx?ID=163 :

The babus of Indian bureaucracy are generally perceived to be "unresponsive, insensitive and corrupt". Citizens are often heard complaining against the excessive red-tapism that impacts the quality of services provided by the government.

The indifferent attitude of government servants, large scale corruption and abuse of authority and lack of accountability makes most citizens avoid, rather than reform, the nation's corrupt bureaucracy.

Successive governments have paid lip service to the eradication of corruption and done nothing. Those who suffer the most at the hands of the corrupt politicians and the civil servants are invariably the poor- each time getting crushed under the corrupt and oppressive system.


And here is my take on the babus who run what we call our government: IAS- Indian Assholes-On-Strike Service at http://raviforjustice.blogspot.in/2012/04/ias-indian-assholes-on-strike-service.html.

The foregoing is only a glimpse into the crimes of omissions and commissions by the transparency watchdogs. My own experiences if narrated completely will be a tome larger than the Mahabharatha. But there can be no doubt that the treacheries of the information commissioners have been more than adequately exposed within the constraints of the space of a blog!

P M Ravindran
31 Mar 2014

SUGGESTIONS TO THE CIC, KERALA: 26 JAN 2007

1.      Whenever an appeal is received at the Commission it should be acknowledged with an appeal number and a tentative date by which the decision would be given.

2.      It would be logically and morally binding on the Commission also to have some time limits specified to dispose of appeals.

3.      Imposition of penalty should be routine, as provided in the Act, and exemption, when given under rarest of rare circumstances, the reasons for the same should be given in detail in the orders of the Commission.

4.      There should be provision to compensate the appellant to the tune of 50% of the penalties imposed.

5.      Information about the KSIC available at the official website of the Govt of Kerala is scanty and not up to date. In this context, the following points are highlighted:

5.1.   At the website of the Central IC there is a link giving information about the state ICs. Though only 11 odd states figure there, amoung the southern states, it is only Kerala that is missing!

5.2.   At the official website o f the Govt of Kerala http://www.kerala.gov.in/ there is a link to the Right to Information Act. There one can get the postal address, tele no and fax no of the KSIC and the name of the CIC. Not even the details of the other ICs and e-mail ids of the ICs /officials are available. These need to be provided.

5.3.   Besides, the information mentioned in 5.2, there are various orders passed on the implementation of the RTI Act. These are totally confusing. Only the current orders need to be made available here and they should be presented subject-wise. The older ones may be archived, again subject-wise.

5.4.   Links need to be provided to the Central IC also.

5.5.   The details of PIO/AA of the IC should also be provided at this site.

5.6.   The orders of the Commission should also be provided at the site. It should be searchable by appeal number/subject/appellant name/department or office name

6.   The Kerala Govt has provided for accepting applications etc pertaining to the Secretariat at the office of the RDO. Some officials are interpreting this in the narrowest sense to mean only the offices in the Secretariat building at Thiruvananthapuram. This should be clarified and the definition should include all offices of the Kerala Govt and corporations/commissions under it that are located at Thiruvananthapuram due to the fact that it happens to be the State capital.

7.      Following are the summary of recommendation which emerged during a public
Hearing held on 24 Sep 2006 on the functioning of Central Information Commission:

7.1. Opportunity of being heard should be given to both parties in every case. It is upto the party to decide whether they wish to be physically present or send their written comments or decide not to avail of the opportunity.

7.2. No case should be closed, just by ordering that information be provided in the next 15 days etc. In most of the cases, it has been seen that the PIO does not comply with such an order. As a result, the appellant has to again approach the Commission and again wait for 7 months for his/her turn to come. Therefore, after passing an order, the case should be adjourned, and not closed. On the next hearing, if the appellant confirms having received information to his/her satisfaction, only then should a case be closed. This is the practice which is being successfully followed by Public Grievance Commission in Delhi for the last five years and also by SIC of UP.

7.3. The Information Commissioners should undergo training in judicial processes from some retired Supreme Court judges.

7.4. Penalty should be imposed in every case of violation by government officials. Else RTI would soon be dead.

7.5. Some guidelines should be made on the terms like "fiduciary", "private information" and "public interest", which should be uniformly adhered to by all the Commissioners.

7.6. Appeal number should be given to every appellant/complainant and it should be communicated to him within 24 hours of receipt of his appeal/complaint. Within the next 24 hours, it should be put up on the website. Status of every appeal should be provided on the website, even if it is treated as inadmissible ab-initio.

7.7. No case should be taken up on out of turn basis, unless there is some grave public interest involved, which should be mentioned in the order.

7.8  There should be a public hearing every three months, which should be attended by all Commissioners.

P M Ravindran
2/18, ‘Aathira’
Kalpathy-678003
Tel:0491-2576042
E-mail: pmravindra@sancharnet.in, pmravindran@rediffmail.com

Please note: The contact details given in various documents uploaded/reproduced could be obsolete. The current contact information is only raviforjustice

Tuesday, 11 March 2014

140312-RTIA-EXPOSING THE IDIOTS AND TRAITORS AMOUNG PUBLIC SERVANTS-O/o THE DC PKD



(This is the 1st of a series of exposures being brought to you by Veteran Major P M Ravindran, Kalpathy who can be contacted at raviforjustice@gmail.com)

The Right to Information Act, 2005 (RTIA) is the only pro-democracy and citizen-friendly law in the country as on date. But the way it has been subverted blatantly and with impunity by the public servants of every hue, paints a very bleak and horrifying picture for posterity. For those who still believe in the rule of law and would like to perform the role of responsible citizens the only option now seems to be to use this law to expose the idiots and traitors amoung those who are euphemistically referred to as public servants. Idiots, to my mind, are those who expose their ignorance of their job of which the knowledge of the RTIA is an important one especially for the heads of the public authorities as defined in the RTIA and the public information officers (PIOs) and first appellate authorities (FAAs) designated by them. Traitors are those who by the very nature of the offices they hold and the drain they cause to the public exchequer cannot be considered to be idiots but prove incompetent or indifferent in discharging their responsibilities. In the matter of RTIA the task of the head of any public authority would be as simple as designating the right people as PIOs and FAAs. The task of the PIOs is itself as simple as providing available information or routing the application to those who are most likely to hold it. The task of the FAA is also as simple as ensuring that deficiencies, if any, in the task performed by the PIO is corrected before the matter goes to the information commissioners who are bound to punish the PIOs for such deficiencies.  This citizen friendly law also provides for assistant public information officers (APIOs) to be designated by certain public authorities to just help citizens by collecting applications, fees, 1st appeals and 2nd appeals and forwarding them to the concerned public servants. While this is explicitly stated in Sec 5 of the RTIA, it has to be accepted in the spirit of the law that the collection of cost demanded by the PIOs also should be collected by the APIOs and forwarded to them. Suffice to say that the violation of law by public servants stands exposed as starkly as can be expected, through the RTIA. It is to be reiterated that it is not only information that have been brought into public domain by this law but more viciously, arbitrarily and illegally held back/denied that puts this law on the pedestal or makes it the whetstone for differentiating the idiots and traitors amoung and from the public servants. Yes, there have to be some who are still worthy of being endearingly called public servants but as far as my experience goes it seems to be like looking for the proverbial needle in the haystack!

The revenue department is acknowledged as one of the most corrupt departments of the government. The harassment that a citizen has to suffer even at the Village Office level can be considered to be the substance of which horror stories can be made! Carrying on the legacy of colonial times a public servant responsible for the management of revenue services continues to be the head of administration of districts! So let us begin our exposures of idiots and traitors amoung public servants from the public authority that is the office of a District Collector.

The following two cases should help the reader to slot the head and the PIOs/FAAs in the office of the District Collector, Palakkad.




Case 1: Here is one complaint I had submitted to the District Collector on 5/11/2013 and the responses received.

COMPLAINT: NON-COMPLAINCE OF SEC 5 OF THE RTI ACT AND DENIAL OF LAWFULLY ENTITLED SERVICES

1.         Please refer Sec 5 of the Right to Information Act and Government of Kerala orders on issuing receipt to citizens
2.         On 04 Nov 2013 I had approached the Tapal Sec of the O/o The DC, Palakkad to hand over the 2nd appeal under the RTI Act in the matter of Palakkad Indoor Stadium Society and some touch screen/info kiosks installed in the Collectorate. However, I was told that it has to be sent directly. But when asked to give it in writing I was told that there was a letter directing that when applicants/ appellants know the address where the application/appeal has to be sent to he has to send it directly. But since the clerk handling the file was not available the appeal was accepted but a receipt was given only on my file copy of the appeal. This is also against the orders on the subject.  In fact the Govt of Kerala order not only directs public servants to issue receipts but there is even a format prescribed for it. Also both the fact that receipts will be issued and the format is required to be displayed in all the public offices. This has also not been implemented even in the Collectorate.
3.         You are requested to take cognisance of the willful non-compliance of law by public servants and take necessary deterrent action against the public servants and also take necessary steps to prevent recurrence of such incidences in future.

Before going to the reply received almost after 4 months this is what Sec 5(2) of the RTIA states as the duty of the APIO:

(2)                    Without prejudice to the provisions of sub-section (1), every public authority shall designate an officer, within one hundred days of the enactment of this Act, at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, to receive the applications for information or appeals under this Act for forwarding the same forthwith to the Central Public Information Officer or the State Public Information Officer or senior officer specified under sub-section (1) of section 19 or the Central Information Commission or the State Information Commission, as the case may be:

Provided that where an application for information or appeal is given to a Central Assistant Public Information Officer or a State Assistant Public Information Officer, as the case may be, a period of five days shall be added in computing the period for response specified under sub-section (1) of section 7.

This is also in consonance with the task of the APIO explained in para 5 of Govt of Kerala, Circular I, No 77000/Cdn5/06/GAD dated 30 Oct 2006.

And now read this para 13 of the DoPT OM No 1/8/2007-IR dated 8 Nov 2007: 

A citizen who desires to obtain any information under the Act, should make an application to the Central Public Information Officer (CPIO) of the concerned public authority in English or Hindi or the official language of the area in which the application is being made. The applicant can send the application by post or through electronic means or can deliver it personally in the office of the public authority. The application can also be sent through the Central Assistant Public Information Officer  appointed by the Department of Post at sub-divisional level or other sub-district level

On 7/3/2014 I received a letter, in Malayalam, signed by the Huzur Shiristadar (now, what's that? Reminds you of colonial times? Never mind for now!) on behalf of the District Collector which when translated would read like this:

Subject: Complaint regarding RTIA, 2005
Reference: Your complaint dated 5/11/2013 (RTI/dc pkd-sec5-comp-13105)

A perusal of your complaint shows that you had given a petition addressed to the Hon'ble State Information Commission. You are required to submit petitions addressed to other offices directly to those offices. Complaints regarding RTIA should be submitted to the Hon'ble State Information Commission.

In fact even the District Collector, writing to the Secretary, State Information Commission, Kerala (vide his letter PGR3-2012/86164/9 dated 7/11/2012) had begun by stating as follows:

Applications and appeals related to information held with other public authorities received in this office are duly forwarded to those offices and intimated to the applicant.

Worse, even the Lower Division Clerk in the office of the District Collector on 12/10/12 while writing a noting had stated:

State Assistant Public Information Officer is to receive the RTI applications and appeals and forward the same to the concerned within 5 days.

The only grouse of this LDC, performing the duties of the APIO and Tapal (Dak) Clerk was that it burdens the Tapal Clerk who is handling about 300 documents per day and it causes unnecessary expenses to the Govt! (Apparently the clerk is under the impression that the only necessary expenses of the Govt are to pay them salaries and provide them perks!)

Case 2: on UID and computerisation of land records.

Here is the info sought through an application dated 14/07/2011 submitted to the PIO, O/o the District Collector, Palakkad and the follow up.

1.         It has been reported in the media that activities in connection with UID (Adhaar) have commenced in the district. In this context please provide the following information:

1.1.      What is the purpose of issuing this UID?
1.2.      Is providing information voluntary or mandatory?
1.3.      What will be the consequences if a citizen refuses to provide the data?
1.4.      Who are the persons who are authorised to collect, compile, store and manage the data? Are they permanent government employees, casual employees or private agencies?  How is the cost being met?
1.5.      What are the precautions taken to ensure the integrity and security of the data?
1.6.      Is there any provision for compensating the citizen if s/he gets into problems due to misuse/abuse of the data by those handling it or due to their negligence?

2.         Also, in the context of GO(RT) No 3737/97/RD dated 23(or25?) /10/1997 regarding computerisation of land records, please provide the following information:

2.1.      What all actions have been taken by your office in respect of paras 3 and 8 of the order?
2.2.      What is the status of computerisation of land records in the district? Provide data in the form: completely computerised-    village offices, 25 pc completed-      village offices, 50 pc completed-    village offices and 75 pc completed-    village offices.
2.3.      If the computerisation is not complete, what all have been the impediments encountered?

On 16/7/11, the PIO wrote to me stating that the application has been forwarded to the District Project Office of Akshaya regarding UID.

On 12/8/11 another PIO in the same public authority (The office of the District Collector, Palakkad) wrote to me asking me to contact the various tehsildars for the information required!

There was no response from the District Project Office of Akshaya and since Sec 6(3) of the RTIA had not been complied with by the PIO regarding computerization of land records the matter went up on 2nd appeal. The 2nd appeal submitted to the Kerala State Information Commission (KSIC) on 11/10/2011 was disposed of on 02/03/2013. The only correct thing in this order was a direction to provide all available information about UID within 10 days of the order. However, on 21/11/2012, the PIO had provided copies of two letters on UID: one, a letter by the Cabinet Secretary to the State Chief Secretaries dated 4/4/2011 and two, a Kerala Govt Order dated 26/2/2011 whereby the District Collector had been designated as the Working Chairperson of the District UID Implementing and Monitoring Committee! (Please note that my application was submitted on 14/7/2011, almost 5 months after this GO had been issued!) On 21/03/2013, the PIO, District Project Office of Akshaya, also provided a copy of their letter dated 16/8/2011 addressed to the District Collector! (The point to note is that this PIO instead of writing to the applicant directly and endorsing a copy to the District Collector had replied to the District Collector only and worse, the District Collector had slept over it! Wonderful manner of implementation of the RTIA even after 6 years of it having come into force, isn’t it?) For the record, the then District Collector who had attended a hearing at the KSIC had shamelessly stated that the GOs had not been available with his office as on the date of receipt of the application! Now whether it is the GO of 1997 quoted in para 2 of the application or the GO of 26/2/2011 mentioned above is not clear. And worse, inspite of the PIO, District Project Office of Akshaya writing to the District Collector on 16/8/2011 itself, the KSIC order states that there had been no response from the PIO, District Project Office of Akshaya either to the applicant or the District Collector!

Friday, 28 February 2014

FOR WHOM THE SOLDIERS SACRIFICE THEIR LIVES AND LIFES…



Is it to enable the thugs, scoundrels and traitors in offices of authority to continue with their crimes with impunity?


The woes of the Indian soldiers began the day the reins of governance were handed over to Jawaharlal Nehru. In retrospect it seems that the reins of power were handed over to Jawaharlal Nehru the individual rather than a leader of the people. In the elections to the office of the President, AICC, Jawahar is learnt to have got just one vote against 18 votes in favour of  Sardar Patel. It was an agreed fact that whoever won the election would be the 1st PM of India. But then Gandhiji prevailed on Patel to withdraw his candidature. Why Gandhiji did so has been shrouded in mystery. But a video on YouTube featuring Rajiv Dixit would have us believe that Nehru had blackmailed Gandhiji by declaring that if he was not made the PM he would cause split in the Congress that could delay freedom!
Nehru who felt he was competent to be the 1st PM of a nation which had just shaken off its colonial yoke floundered when it came to having an Indian as Governor General of free India. He let Mountbatten continue. But when it came to his wish to have a Briton as the Chief of Staff of the Armed Forces of free India he had to reckon with the outspokenness of  Gen Nathu Singh Rathore. In the manner of advocates trying to prove that victims of rape asked to be treated as such, Nehru wanted his military officers to confess that they were incompetent to head the army because they did not have such experience before. But Gen Rathore spoke up: Mr Nehru, how have you taken over as the PM without any such previous experience? The advocate in Nehru retorted: then are you ready to take over as the Chief? Nathu Singh Rathore replied that his senior Gen Cariappa was there who was competent enough to do the job. Nehru had to concede defeat. (What a fall for the armed forces from Gen Nathu Singh Rathore to Gen Bikram Singh, who has been favoured in the most abominable manner by the current UPA government!) And from there started the era of neglecting and belittling the nation’s armed forces. It resulted in the 1962 debacle with the Chinese intruding upto Tezpur in interior Assam and walking back freely! Nehru escaped blame by victimizing his Defense Minister and a few military officers. The bureaucrats who have never shied away from flaunting their clout in the decision making process were nowhere to be seen once things went hay way. There is a question being asked by soldiers even today: what happened to the then Defense Secretary? But soldiers know that Nehru was the cause and effect of the ‘62 debacle when they had been moved to forward areas provocatively without even protective clothing, leave alone weapons and ammunition! Book lovers should read the many books written by soldiers on this war, especially the ‘Himalayan Blunder’ by Brig Dalvi who had been commanding a brigade in the eastern frontier when the Chinese struck and had been a Prisoner of War for many years.
Thanks to the ‘62 slap on the face, we were spared another debacle in 1971. In Field Marshal (then General and Chief of Army Staff) Manekshaw’s own words, he had been asked to liberate Bangladesh (then East Pakistan) by Mrs Indira Gandhi, the then PM, in May of that year. The professional advice tendered by the soldier was: I assure you of 100 percent defeat, if am ordered to launch an operation now. Indira, touted as the only man in her Cabinet, was taken aback. But the memories of 1962 helped her to listen to the sagacious advice of the army chief. She learnt that rail, road and air space would be required heavily to move troops to the borders. That East Pakistan will be flooded in summer and we were not equipped to move in flooded terrain, leave alone fight a battle there. So the time and space were left to professional judgement and we witnessed one of the biggest victories in recorded military history. They say success has many claimants, defeat is an orphan. So after the glorious military victory the soldiers were soon forgotten and Indira became India and Durga and what not! Manekshaw who got elevated as a Field Marshall got his pay as arrears when he was in his deathbed, more than 35 years later! And, horribly, he was insulted even in his death what with not even the Defense Minister, leave alone the President and Supreme Commander of the Armed Forces, attending his funeral!
During the colonial times the Chief of Staff was the 2nd senior most official in the hierarchy, the Viceroy being the first! Come freedom and democracy the nature of governance had to change. But as far as the role of the armed forces was concerned it continued to be guarding the nation’s frontiers and protecting its integrity. But did the nature of governance change? Definitely not! Arguing against granting freedom to India, Winston Churchill had said: “Power will go to the hands of rascals, rogues, freebooters; all Indian leaders will be of low caliber & men of straw.  They will have sweet tongues & silly hearts.  They will fight amongst themselves for power & India will be lost in political squabbles.  A day would come when even air & water would be taxed in India.” In less than 70 years we have established him as a prophet! Many commissions have enquired into the politician-bureaucrat-underworld nexus and presented reports which have, for all practical purposes, been dumped into waste paper baskets. But then even this abominable, criminal nexus can be said to pale into insignificance when compared to the judge-advocate nexus. And how is this relevant in the context of soldiers? We just saw how the Supreme Court of India, denied a just verdict to Gen V K Singh, then Chief of Army Staff, in the matter of a simple issue like his date of birth! To those who are uninformed or ill informed on the issue the fact is that there was no dispute regarding the date of birth of Gen V K Singh, who was born to an army officer in an army hospital in Pune and all his official documents, including the Matriculation Certificate, showed his correct date of birth. It was only after Man Mohan Singh became the first Sikh PM of this country and General Jogender Singh became the 1st Sikh Chief of Army Staff that the issue of a wrong entry in an application filled out for joining the National Defense Academy, became the ground for a raging controversy that ended up with the apex court directing the Defense Minister to review the General’s statutory complaint which had been dismissed without application of mind!
If the problem with aam aadmi is that they do not get any service of the government without bribes, the problems of soldiers are worse. They are no more than bonded labourers! If in 1962 more soldiers died due to inclement weather on snowy tops without even proper foot wear, the condition of today’s soldiers isn’t any better. The Bofors controversy, known as the Mother of all Scams, has been buried without even a single accused being brought to book. Worse, Bofors is being touted as a good gun which did us proud in Kargil. But what has been left unsaid is that when it was being evaluated it had come up only as the 2nd best, the best being French Sofna! It was a scam where the nation’s PM was directly an accused and his name had been taken of the list of accused after his death. Defense deals have always remained milch cows for the corrupt. And the deals are always processed by the babus of the Ministry of Defense (Ministry against Defense, as Lt Gen P C Katoch put it more appropriately!) Starting with the Jeep scam in 1947 to Westland hepter the list is long, very long. But the fact remains that the victims of all these scams are the soldiers who have to do with the worst equipments, vehicles and logistics and the price they pay is their own lives! In fact it is only the soldiers who pay for their own follies as well as the follies of the politicians, bureaucrats and judges! Can anybody recollect how many politicians, bureaucrats or judges have ever been punished till date? Lalu Prasad Yadav,  Raja and Kanimozhi are still strutting around even after conviction and/or during bail. And what is former judge P D Dinakaran doing? Enjoying the fruits from the adivasi land he had encroached on?
‘One Rank, One Pension (OROP)’, lateral employment till retirement age of their civilian counterparts, an Ex Serviceman Commission on the lines of Women’s Commission, SC/ST Commission etc have been legiti-mate demands of soldiers for ages. In fact the demand of OROP had been accepted in principle way back in 1974 itself but has yet to reach the implementation stage. Not only is there no attendance being paid to redress these genuine problems of all the soldiers over the years, the case of Rank Pay affecting all officers of the armed forces is one that exposed the gullibility of the soldiers as much as it exposed the treachery of the clerks in the MoD. The 4th Central Pay Commission, in 1986, while introducing running pay scale for officers in the ranks of Captain to Brigadier introduced a rank pay also in addition to the basic pay but the clerks who drafted the orders managed to have the rank pay reduced from the basic pay while fixing the basic pay thus denied all the officers serving at that time their lawful dues. Worse, none of the 50,000 odd officers serving in the armed forces then even realized the treachery that had been made victims of. It was one Maj Dhanapalan who much later took up the matter with the Kerala High Court and got a favourable verdict. Appeals, revisions and SLPs later when the officer finally got his arrears the rest of the officers had to go to court for getting their own dues. The matter is yet to be resolved even after the apex court ordered grant of this due to all affected officers. But then again did the apex court give justice to the affected officers? No interest for the period from 1/1/1986 till 31/12/2005 and only 6 pc simple interest thereafter can hardly be counted as justice done! It has been calculated that a soldier who joins the army at 18 years of age and retires at 35 years stand to lose almost Rs 3 Cr compared to his counterpart in civil. The loss keeps increasing with the rank in which one joins and retires. So today there are no takers for joining as officers in the armed forces. The deficiency is of the order of 25 to 30 pc of the authorized strength. Soon there is going to be deficiency in the lower ranks also. Thanks to the information revolution ushered in by technology, youth is knowledgeable and cannot be motivated by misleading advertisements. They have seen how the Govt of India reacted to renegade Pakistan soldiers capturing Indian soldiers, torturing them and mutilating their bodies beyond recognition and how the same government reacted to the allegation of a ‘diplomat’ breaching laws of her host country and was required to be prosecuted!
It is this sordid state of affairs that gives one the creepy feeling that the security and integrity of the country is under threat. Unless the masses wake up and react to make the people in government deliver what they are tasked, empowered and compensated to deliver, the day may not be far off when the sacrifices made by the freedom fighters and the soldiers of free India would have been in vain.
Soldiers against Traitors-raviforjustice@gmail.com
This is a translation, with minor changes, of a leaflet I had prepared to educate those who were going to participate in a function on 13 Nov 2012 where the chief guest was A K Antony. The original Malayalam version is available at http://www.slideshare.net/raviforjustice/soldiers-against-traitors