CIC DECISION NO. CIC/PB/A/2008/01322/LS- A case calling for fresh thoughts on the composition of the Central Information Commission

In a R.T.I. Case the P.I.O of the Tis Hazari Courts, Delhi refused to supply the certified copies of “suit files and suit disposal records” of a certain judge for the period from26-02-93 to 31-03-93 to one Mr. Vinay Kumar, the Info. Seeker on the grounds that the information/ records may be sought via the processes prescribed under the Evidence Act instead of those under the R.T.I.Act. The Information Commissioner, Shailesh Gandhi, however, trashed the contention of the P.I.O. Deciding in favour of the Info. Seeker, he ruled that the Court will have to provide the information/ documents demanded, unless the same is exempted from disclosure under the RTI Act itself. He held that the RTI Act-the newer Act- will have an over-riding affect on any other law, in this case the Evidence Act, and there is an obligation on the public authority to disclose information requested under it. Accordingly the Commissioner ruled,” If a public authority has a process of disclosing certain information which can also be accessed by a citizen using RTI Act, it is the citizen’s right to decide which route he wishes to use. The existence of another method for accessing information can’t be used to deny a citizen the right to information. It is a citizen’s right to use the most convenient and efficacious means available to him”, and ordered the P.I.O of Tis Hazari Courts to supply the required information etc. To Mr. Kumar in 15 days time. It will be interesting to note that the P.I.Os reasoning that the request should be made under the Evidence Act was upheld by the first appellate authority forcing Kumar to go in for the second appeal to the CIC u/s 19(1) of the RTI Act.

Contrast this decision with that of given on in an otherwise identical case No.CIC/PB/A/2008/01322/LS decided by the Central Information Commissioner, M.L.Sharma. The CPIO, National Consumer Disputes Redressal Commission (NCDRC) New Delhi, was , inter-alia, requested to (i) indicate the daily progress made BY the applicant’s earlier application dated 05-12-2007 addressed to Hon’ble Mr. Justice M.B. Shah, President NCDRC i.e. the date(s) on which it was received in the Registry of the Commission and perused by the addressee etc. and requested for the supply of copy or print out of the relevant portions of records, which contained details of the receipt and the disposal of the aforesaid application, copies of the file notings, orders, instructions etc passed on it with supporting rule or order on a judicial procedure. In his decision dated 27-04-09, the Information Commissioner M.L.Sharma observed, " The CPIO appears to have rightly held in decision dated 22-4-08, that section 4 (I) (d) of the RTI Act is not applicable in regard to the judicial proceedings held by NCDRC. Needless to say, the relief lies elsewhere and not before this Commission. DECISION 5. In view of the above, the appeal is dismissed being legally unsustainable."

The Information Commissioner who decided the earlier case is Mr. Shailesh Gandhi. He is an ex-activist, does not suffer from bureaucratic hiccups, and his mind is not clustered with overriding considerations for the bureaucratic fraternity and the sense of overwhelming awe of judiciary- all sure signs of colonial mentality which still refuses to loosen its grip on the Indian psyche even after more than six decades of Independence. Naturally, his decisions are fair, clear and free from any reservations. It underlines the need to change the composition of the Central and State Information Commissions so that they are manned and managed by the great minds with proper attitude. The commodity called justice must come unpolluted- free from all such clusters of undesirable material.

ANY SUGGESTIONS FOR THE INFORATION SEEKER? HOW SHOULD HE PROCEED FURTHER?

-SANJOG MAHESHWARI

SU[PER-SENIOR CITIZENS

SANJOG MAHESHWARI

SUPER SENIOR CITIZENS

                                                                                                  -SANJOG MAHESHWARI

 

 

              There should be a standard uniformly applicable definition of senior citizens. Apart from this there should also be a separate category for some citizens who are still more advanced in age say the males 75 and above and the females 70 and above who expect a little bit more compassion and consideration from the State and the society - a few extra benefits, amenities and facilities, over and above the other senior citizens, so that some sunshine could be added in the twilight years of their otherwise drab and cheerless life besieged, as it always is, with sufferings from hosts of terminal debilitating diseases, waging an ever losing struggle for survival against the odds and ravages of “ills, bills, pills” and “empty nest” syndrome. The extra facilities and benefits to these citizens, who may be called “Super-senior citizens” are not going to cost too much to the State particularly because of the severely limited capacity of their bodily and mentally infirm users and also because they are not too many. Reasonably enough, among other things, they richly deserve: (1) Priority in the matter of healthcare and medical facilities (2) across the board 50% concession in the travel charges all classes by Air, train, buses or any other mode of transport with priority in reservation of seat/birth therein (3) total exemption from payment of Income Tax thereby relieving them of the worry of filing returns: except that a token 1% or 2% across the board T.D.S irrespective of the income earned by them may be levied and recovered as their modest contribution or pay back to the Society to be credited under a different revenue-head of account. Depending on their circumstances and other factors they may volunteer for higher percentage cut of T.D.S on income as a token expression of gratitude to the caring Society (4) Priority in grant of accommodation in Old Age Homes, Guest Houses, Rest Houses, Clubs, Hostels etc. so that they may have homes away from home for as long a period as they like, everywhere throughout the country, on concessionary rates.

             

                If the Government takes quick and urgent initiative with the spirit of goodwill and welfare as its driving force, I am sure the private players owning hostels, dharamshalas, guest-houses, buses etc. may also join in the humanitarian endeavour. .

                                                                                                 

                                                                                                  -SANJOG MAHESHWARI

                                                                                                                                         

DOUBLE STANDARD 16-01-09( 1)

SANJOG MAHESHWARI

                                                                                  

DISTURBING DOUBLE STANDARD

                                                                                 -SANJOG MAHESHWARI

 

              While autonomous bodies such as Council of Scientific & Industrial Research (CSIR) with its country-wide jumbo network of Laboratories and sub-laboratories, hundred percent financed and funded by the Central Government, may be correctly or incorrectly, perceived as white elephants, it should not certainly be the hidden excuse for the Government to mete out step-motherly treatment to the pensioners of these autonomous bodies and discriminate them against their counterparts retired from the Government service in the matter of providing health-care and medical facilities through the agency of the Central Government Health Service (CGHS)..               The denial to them the health-care and medical facilities under the Central Government Health Scheme (C.G.H.S) at par with those made available to the so-called purely government pensioners is one such blatant discrimination that hits where it hurts them most..             

              The government forgets that the hapless autonomous-body pensioners are also worthy senior-citizens of the country. They are as much vulnerable to the age-induced most debilitating, incapacitating, degenerative, and not quite infrequently-terminal diseases and illness, and as inadequately equipped to meet the exorbitant cost involved in their treatment from their own abysmally slender resources, as their counterparts- retirees from the Govt. service- whose cost of treatment in the C.G.H.S empanelled private health-care units and hospitals is borne directly by the government. Thus, while the latter are afforded credit facilities that make them eligible for cashless transactions in the matter of health-care and medical treatment in the recognized private hospitals, diagnostic centres, nursing homes and other health-care centres, the government in blatant discrimination against the former, denies them the same.

              Further the pensioner-beneficiaries of C.S.I.R are required to pay for their treatment at the General Public Rates (G.P.R) and get reimbursement at the Government approved Rates which are just about half the G.P.R. For this, also, they have to run around complying with absurd formalities, placating babus, getting department's permission before and after the treatment, incurring all expenses from their own slender resources on the spot in the first instance irrespective of the enormity of the amount of expenditure involved even in emergent circumstances. . Then irrespective of whether their health permits or not, they have to do several rounds first to get the departmental permission for the treatment then for getting the reimbursement bill on the prescribed forms verified from the treating doctor, then again to the laboratory for its scrutiny only to get reimbursement of completely watered-down bill after several months of making repeated rounds. Cases are not wanting when the reimbursement documents of the claims amounting to thousands of rupees are lost somewhere entailing further miseries to the pensioner-claimant who would, in such cases, rather like to forgo the whole claim than to suffer the harassment- waiting endlessly to get, if lucky enough, the severely retrenched claim.

              They even do not get a permanent CGHS token card for the life and, therefore, are required to revalidate it every calendar year, in spite of the fact that they make full payment for availing CGHS facilities for the whole life prior to their retirement at the same rates and scale as are applicable to their counterpart in the government service. They have no place to go if, unfortunately, they happen to fall ill somewhere outside the place from where they normally get these truncated CGHS facilities.             

              The babus of their department with abnormally swelled egos also take sadistic pleasure in retrenching the claimed amount on the most flimsy grounds (feigning ignorance of the Hon’ble Delhi high court’s verdict that mandates full reimbursement of the expenditure incurred on the medical treatment), and that too after the claim is subjected to several absurd objections settling of which is no less than a punishment.

              The autonomous body pensioner-beneficiaries of CGHS have made several representations to the authorities of the Health Ministry including those to the Hon’ble Minister but all have fallen on deaf ears so far and the victims of this blatant discrimination continue to live under the ever-lengthening shadow of fear and insecurity. 

              The denial of credit facility and cashless service by private recognized hospitals to the CSIR and other autonomous body pensioners who are CGHS beneficiaries is a cruel, inhuman and heartless joke still being perpetuated on this particular section of hapless senior citizens in the twilight years of their life even though their counterpart retirees from the government have been availing the facility for almost a decade now.              

              Not to be left behind, the autonomous bodies themselves vent their unwarranted wrath on their pensioners. Strange though it may appear, C.S.I.R. pensioners get their arrears of pension/family pension, medical reimbursement etc paid months after they become due and payable only because they have their Savings Bank account in those Nationalised Banks which have not been approved by that particular laboratory from which they retired as it wants them to open the Account in that one only which happens to be its favourite at a particular point in time. Why should they not be allowed to open or continue with the account they are already operating in any other nationalized bank as is the case with any other central government pensioners? Is not opening and operating a bank account at a scheduled bank of his choice, a matter of personal convenience of the concerned individual?  With multi-city banking in vogue what is the problem?  Pay-outs can also be credited in the pensioner’s saving bank account in any scheduled bank through Electronic Clearance System (E.C.S) as well.  What is the justification of coercing them into opening an account in the bank of the Laboratory’s choice only, even when they do not find it convenient to do so and already   have an account in some other nationalised bank?

              If even after decades of non-performance by the C.S.I R., the government decides to spend hundreds of crores annually on it just to keep the show going, despite of being grossly unhappy with it; it is the government’s problem. Why should it take it out on the hapless pensioners of the C.S.I.R?

As respected senior citizens of this country, all pensioners should be treated at par, in all matters be it making provisions for health-care and medical facilities or operating of a Savings Bank account. And if the C.S.I.R is not adequately serving the purpose for which it was established then they should do something about that instead of inflicting unwarranted mental torture and agony on the pensioners for no fault of theirs.                                                                                                                                                                                   -                                                                          -SANJOG MAHESHWARI 

Pension Rules etc-Sanjog Maheshwari

SANJOG MAHESHWARI

                                                                                                                C1-A-42 B M.I.G.FLATS,

                                                                                                  JANAKPURI, NEW DELHI-110058

 

 

              ENSURE COMPLETE PARITY AMONG ALL PENSIONERS

 

                                                                                                  -SANJOG MAHESHWARI

It is good that the Government has, reportedly, agreed to “one rank, one pension” demand of the Armed Forces thereby eliminating all the arbitrarily created disparities and differences between the various sections of the Armed Force pensioners. Similar arbitrarily created differences and disparities among the civil pensioners now need to be addressed and corrected thereby bringing all the pensioners, irrespective of their date(s) of retirement, at par, in all matters related to retiral benefits such as gratuity, family pension, leave encashment etc. on retirement. The date of retirement is now irrelevant for determining the quantum of pension etc. in case of armed personnel and so should also be the case with other Government pensioners. Accordingly, their pension etc. needs to be revised on the basis of their notional basic pay fixed at the proper stage in the new pay scales on every such revision of pay scales since their retirement.

 

Proper pension and pensionary benefits are sacrosanct, protected and greatly valued possession of a Government servant. Denying them to the pensioners whether pre-96 or Pre-2006 tantamount to travesty of justice and violation of Article 14 read with Article 31 (1) [Right to property] of the Constitution.

 

Article 14               mandates “Equality before the law” as a fundamental right of all the citizens. It completely outlaws “unreasonableness and arbitrariness” in executive action. However, these unfortunate elements seem to be deeply embedded in the very psyche of the bureaucracy and invariably factor-in in their decision making processes.

 

              Almost all these worthy super-senior citizens- particularly the  pre-96 pensioners- are over 70,  suffering from hosts of terminal debilitating diseases and struggling to survive the ravages of “ills, bills, pills” and “empty nest” syndromes. They have been crying foul ever since they were wronged. Sixth Pay Commission has also chosen to gloss over the matter and ignore the legitimate claims of Pre-96 pensioners. It is high time that the Government ensured to them the similar COMPLETE parity as granted to the Armed Force pensioners.

 

              Death and terminal diseases are no respecters of age and the government must act fast before it is too late.  It is high time the pension rules framing system is reoriented on the lines prevalent in the U.K. from where it, though originated, materially differs. While in the U.K. the system is governed by and flows from the “Statute”, here in our country instead of the “Statute” it is governed by the rules made in a government department manned by unduly biased bureaucrats for whom the word “reasonableness” does not seem to exist.

                                                                                                                -SANJOG MAHESHWARI.

C1-A-42 B M.I.G.FLATS,

JANAKPURI, NEW DELHI-110058

 

 

 

"DOUBLE STANDARD'

DISTURBING DOUBLE STANDARD
-SANJOG MAHESHWARI

While autonomous bodies such as Council of Scientific & Industrial Research (CSIR) with its country-wide jumbo network of Laboratories and sub-laboratories, hundred percent financed and funded by the Central Government, may be correctly or incorrectly, perceived as white elephants, it should not certainly be the hidden excuse for the Government to mete out step-motherly treatment to the pensioners of these autonomous bodies and discriminate them against their counterparts retired from the Government service in the matter of providing healthcare and medical facilities through the agency of the Central Government Health Service (CGHS).. The denial to them the health-care and medical facilities under the Central Government Health Scheme (C.G.H.S) at par with those made available to the so-called purely government pensioners is one such blatant discrimination that hits where it hurts them most..
The government forgets that the hapless autonomous-body pensioners are also worthy senior-citizens of the country. They are as much vulnerable to the age-induced most debilitating, incapacitating, degenerative, and not quite infrequently-terminal diseases and illness, and as inadequately equipped to meet the exorbitant cost involved in their treatment from their own abysmally slender resources, as their counterparts- retirees from the Govt. service- whose cost of treatment in the C.G.H.S empanelled private health-care units and hospitals is borne directly by the government. Thus, while the latter are afforded credit facilities that make them eligible for cashless transactions in the matter of health-care and medical treatment in the recognized private hospitals, diagnostic centres, nursing homes and other health-care centres, the government in blatant discrimination against the former, denies them the same.
Further the pensioner-beneficiaries of C.S.I.R are required to pay for their treatment at the General Public Rates (G.P.R) and get reimbursement at the Government approved Rates which are just about half the G.P.R. For this, also, they have to run around complying with absurd formalities, placating babus, getting department's permission before and after the treatment, incurring all expenses from their own slender resources on the spot in the first instance irrespective of the enormity of the amount of expenditure involved even in emergent circumstances. . Then irrespective of whether their health permits or not, they have to do several rounds first to get the departmental permission for the treatment then for getting the reimbursement bill on the prescribed forms verified from the treating doctor, then again to the laboratory for its scrutiny only to get reimbursement of completely watered-down bill after several months of making repeated rounds. Cases are not wanting when the reimbursement documents of the claims amounting to thousands of rupees are lost somewhere entailing further miseries to the pensioner-claimant who would, in such cases, rather like to forgo the whole claim than to suffer the harassment- waiting endlessly to get, if lucky enough, the severely retrenched claim.
They even do not get a permanent CGHS token card for the life and, therefore, are required to revalidate it every calendar year, in spite of the fact that they make full payment for availing CGHS facilities for the whole life prior to their retirement at the same rates and scale as are applicable to their counterpart in the government service. They have no place to go if, unfortunately, they happen to fall ill somewhere outside the place from where they normally get these truncated CGHS facilities.
The babus of their department with abnormally swelled egos also take sadistic pleasure in retrenching the claimed amount on the most flimsy grounds (feigning ignorance of the Hon’ble Delhi high court’s verdict that mandates full reimbursement of the expenditure incurred on the medical treatment), and that too after the claim is subjected to several absurd objections settling of which is no less than a punishment.
The autonomous body pensioner-beneficiaries of CGHS have made several representations to the authorities of the Health Ministry including those to the Hon’ble Minister but all have fallen on deaf ears so far and the victims of this blatant discrimination continue to live under the ever-lengthening shadow of fear and insecurity.
The denial of credit facility and cashless service by private recognized hospitals to the CSIR and other autonomous body pensioners who are CGHS beneficiaries is a cruel, inhuman and heartless joke still being perpetuated on this particular section of hapless senior citizens in the twilight years of their life even though their counterpart retirees from the government have been availing the facility for almost a decade now.
Not to be left behind, the autonomous bodies themselves vent their unwarranted wrath on their pensioners. Strange though it may appear, C.S.I.R. pensioners get their arrears of pension/family pension, medical reimbursement etc paid months after they become due and payable only because they have their Savings Bank account in those Nationalised Banks which have not been approved by that particular laboratory from which they retired as it wants them to open the Account in that one only which happens to be its favourite at a particular point in time. Why should they not be allowed to open or continue with the account they are already operating in any other nationalized bank as is the case with any other central government pensioners? Is not opening and operating a bank account at a scheduled bank of his choice, a matter of personal convenience of the concerned individual? With multi-city banking in vogue what is the problem? Pay-outs can also be credited in the pensioner’s saving bank account in any scheduled bank through Electronic Clearance System (E.C.S) as well. What is the justification of coercing them into opening an account in the bank of the Laboratory’s choice only, even when they do not find it convenient to do so and already have an account in some other nationalised bank?
If even after decades of non-performance by the C.S.I R., the government decides to spend hundreds of crores annually on it just to keep the show going, despite of being grossly unhappy with it; it is the government’s problem. Why should it take it out on the hapless pensioners of the C.S.I.R?
As respected senior citizens of this country, all pensioners should be treated at par, in all matters be it making provisions for healthcare and medical facilities or operating of a Savings Bank account. And if the C.S.I.R is not adequately serving the purpose for which it was established then they should do something about that instead of inflicting unwarranted mental torture and agony on the pensioners for no fault of theirs. - -SANJOG MAHESHWARI