Vol. 37 No. 2 July, 2017

Message by Hon’ble Minister of HI&PE ...... 05 Message by Chief Information Commissioner...... 06 Chairman’s Desk...... 07

Articles Widening the Ambit of RTI Act for Inclusivity...... 09 by Dr. U. D. Choubey lwpuk vf/kdkj vf/kfu;e ds dqN fopkj.kh; igyw ...... 12 ;’kkso)Zu vkt+kn dh dye ls Public servant’s misconduct is not his family affair...... 15 by Prof. M. Sridhar Acharyulu RTI and Digitization...... 17 by Bimal Julka Transparency Transforms: Precept To Practice...... 22 by I. C. Srivastava, IAS (Retd.) To Disclose or not to Disclose...... 27 by Venkatesh Nayak Right To Information - A Tool For Good Governance...... 31 by D. Singh and A. K. Pal Transparency and Right to Information Act...... 33 by M. Nagaraj RTI Act 2005 - Implementation in HPCL...... 36 by M. K. Surana RTI Act - Perspective of REIL...... 38 by A. K. Jain GAIL has Robust Mechanism for Dealing with RTI matters...... 40 by Dr. Subir Bikas Mitra RTI in Letter & Spirit at NTPC...... 45 by S. P. Singh Right to Information Act, Its Implementation and Concerns...... 49 by Nishi Saigal Applicability of RTI Act, 2005 in Public Sector Undertakings & Other Public Authorities...... 52 by J. K. Bodha Scope Commitment Towards Rti...... 55 by O. P. Khorwal Rti Implementation in Nhpc Ltd...... 57 by Deepak Saigal Vol. 37 No. 2 July, 2017 Annual Subscription:Rs. 500/- Total Pages:108 A. S.Khan PUBLISHER Nisha Sharma EDITOR K. N.Dhawan, U.K. Dikshit P. K.Sinha, S. A.Khan, Dr. U.D. Choubey ADVISORY BOARD &

Consulting Editor

GGM (Corp. Affairs) GGM DGM (HR&CC) , Adviser (Programmes)

Adviser (CC) ,

Director General Contents PSE News...... PSE News 106 Dr. U.D. Choubey, DG,SCOPE inthe...... participated SCOPE News by Aman Madan toRight Information –Issuesandchallenges...... Act by KompalBali -APotentRTI Tool...... by V. Kesarwani K. Public Interest to underRight Information...... Act by SmitaSingh to Information toRTI anAct Ensure Governance Good & Transparency...... by G.Gautam Limited intheSteel Act . ofIndia Authority oftheRTI Implementation by Usha Popat Leads To Sharing Information Transparency ...... by Meharia Amit Mohaan Transparency to andtheRight Information Act, 2005 ...... S. by K. Verma Transparency to andRight Information...... Act its Fifth Executive Development Program SCOPE -Academy ofPublic Enterprises (APSE) Sector conducts SCOPE Celebrates International Yoga Day...... (Executive Committee) InternationalCentre ofIndia Dr. U.D. Choubey, DG,SCOPE...... Member elected DG, SCOPE Director General, Meets ILO...... DG, SCOPE at...... Dubai SpeaksinOECDGlobalMeeting th sessionoftheILO Conference

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CHAIRMAN’S DESK

ree flow of information and transparency are important pillars of good governance. An informed citizenry is vital Ffor the functioning of a true democracy. The Right to Information Act 2005 is a landmark legislation which empowers citizens of India to seek information under the control of public authorities, thereby promoting transparency and accountability in their functioning. It is a powerful Act to contain corruption, encourage people’s participation in decision making process, and enhance efficiencies for socio economic development of the country. It has been nearly 12 years since this Act has been in existence and there is no doubt that the Act has played a pivotal role in ensuring greater probity, openness, and transparency in the functioning of public authorities. Public Sector Enterprises (PSEs) have excelled in best practices of corporate governance. Transparency and ethical business practices are the corner stones of their functioning. They have implemented the Act in true letter and spirit. They have been complying with the provisions of the Act and have created required infrastructure for its successful implementation. Creation of RTI Cell, proactive disclosures on websites, timely response to citizens request to information, capacity building programmes, proper record management systems and robust mechanisms are some of the noteworthy initiatives of PSEs. Their transparent approach to business operations have instilled trust and confidence of various stakeholders in them. SCOPE, the apex body of PSEs, has been making endeavours for holistic development of PSEs including the smooth implementation of RTI. A Steering Committee has been formed to deliberate issues concerning PSEs in the area of RTI. SCOPE has also instituted SCOPE Meritorious Award for RTI Act 2005 Compliance to recognize the efforts of PSEs. From time to time, various programmes, workshops, interactive sessions have been organized for sharing good practices and learning from each other’s experiences. Awareness and experience sharing workshop on RTI have also been organized in different regions of the country. These programmes have been found very informative and beneficial by PSE executives. Though the PSEs have demonstrated their true commitment towards RTI Act, SCOPE has been receiving some suggestions and also concerns from PSEs. One of the concerns relates to

KaleidOSCOPE July, 2017 7 a large number of vexatious and frivolous applications, which has become huge burden in terms of time and cost. The misuse of the Act for vested interests has been a matter of grave concern which is adversely affecting the performance of enterprises. Efforts should be made to discourage use of RTI for seeking unreasonable information. With a view to provide a platform to PSEs to deliberate on issues relating to RTI, SCOPE is organizing a National Meet of CPIOs, PIOs, Appellate Authorities in New Delhi. The Meet will provide excellent opportunities to the participants to clarify their queries and evolve practical solutions. I am sure, PSEs will take benefit of this Meet as this will help in better understanding of the Act and its smooth implementation. On this occasion, SCOPE is also bringing out a Special Issue of KALEIDOSCOPE which showcases good practices adopted by PSEs and also carries insightful contribution from experts. I take this opportunity to thank PSEs and eminent experts for their rich contribution to the Special Issue. I hope the readers will find this issue very informative and useful.

(Ved Prakash) Chairman, SCOPE

8 KaleidOSCOPE JULY, 2017 Widening the Ambit of RTI Act for Inclusivity

Dr. U.D. Choubey Director General, SCOPE

he last few years have seen mechanisms so that the benefit an unprecedented increase reaches the targeted beneficiaries. Tin public awareness about In fact, it serves as an instrument Right to Information or Freedom of effective governance and of Information. There is growing inclusive growth. concern among people to know The public sector has always how the decisions are made in followed high standards of political and economic sphere for transparency and accountability the welfare of the society and the in their functioning. As an socio economic development of extended arm of the government, country. As a result, there has been the Public Sector Enterprises The public sector has always worldwide increase in enactment (PSEs) have embraced the RTI of Right to Information Laws/ Act in letter and spirit. They followed high standards of Acts which has ushered in a new have put in place systems era of transparency, openness and transparency and account- and processes to be more good governance. compliant in their approach ability in their functioning. towards implementation of RTI India became the 48th country As an extended arm of the Act. Creation of Separate RTI in the world to enact Right to Cell, appointment of CPIOs/ government, the Public Information Act. The Act has APIOs, online processing of been enacted to strengthen applications, relevant informa- Sector Enterprises (PSEs) basic tenets of democracy tion disclosure on the website have embraced the RTI Act and make it more participatory reflect the true spirit with which by empowering citizens to PSEs are implementing the Act. in letter and spirit. They access information, thus ensu- Adoption of new technology, have put in place systems ring greater transparency and digitization of documents and accountability and improving records have reduced time, and processes to be more governance. The Act is a huge cost and facilitated transparent step forward in improving and efficient operations. The compliant in their approach quality of governance promoting RTI Act has in fact, further towards implementation of judicious use of resources, enhanced the standards of increasing efficiencies in the corporate governance and good RTI Act. systems and improving delivery image of PSEs.

KaleidOSCOPE July, 2017 9 Globally, a strong co-relation being made in infrastructure Under such a scenario, it present between corruption and some development to create a multiplier a very strong case to bring checks form of RTI or Freedom of effect on overall development. and balances in private corporate Information laws has been found. Since infrastructure projects sector, as to promote transparency A study of ten least corrupt require huge investment and in the system of procurement and countries has highlighted a have long gestation period, the overall governance thus curbing long history of such laws being government is encouraging PPP corruption. As RTI is a formidable responsible for good governance mode, involving both public tool to promote transparency and and development of the country and private sectors to accelerate reduce incidences of malpra- vis-à-vis most corrupt countries. development process in the ctices from public sphere, Good governance is increasingly country. widening the ambit of RTI is an seen as an instrument of economic essential pre-requisite. This will and social development to the not only ensure a level playing extent that many countries have field between two entities but even brought political parties India became the 48th will also bring transparency under the ambit of RTI or country in the world to enact in economic and commercial Freedom of Information laws. sphere and also foster greater Right to Information Act. responsiveness towards overall A total of 44 countries, including development. The RTI Act today France, Sweden, Italy, Japan, The Act has been enacted to covers only government sector Poland, Kazakhstan and Nepal, strengthen basic tenets of including PSEs broadly based on have brought political parties the premise that the sector uses under transparency laws mak- democracy and make it more public money. But this needs to ing it mandatory to disclose be taken into account that all information about their source participatory by empowering money is public money as private of income, donation details, citizens to access informa- sector and NGOs also mobilize assets, liabilities, expenditure & resources directly or indirectly campaign expenditure. tion, thus ensuring greater from public or tax payers money. Though this may be farfetched in transparency and account- As such, not only RTI but also India right now as even private proper audit including CAG and non-government sector ability and improving gover- audit to bring more transparency do not come under the ambit nance. The Act is a huge step and accrue in the corporate of RTI, it is not a bad idea to sector in case of PPP. Similarly, ultimately move in that direction. forward in improving quality all the NGOs need to be covered India is a vast country with a of governance promoting under the RTI Act as they handle population of about 1.2 billion. large public money and are It faces the challenge of making judicious use of resources, not enrolled through statutory/ the development process more regulatory norms. inclusive, faster and sustainable. increasing efficiencies in For better living environment of The Act has been in force for the systems and improving its people, it is making substantial nearly 12 years. It has no doubt investment in social sectors like delivery mechanisms so that brought perceptible change in health, education, basic amenities terms of transparency, account- etc. As most of these areas are still the benefit reaches the tar- ability, empowerment and wider participation of various not covered under any statutory geted beneficiaries. In fact, or regulatory framework, chances stakeholders in decision making of malpractices are very high it serves as an instrument process. More and more people which can result insurmountable are using RTI seeking varied economic loss and slower of effective governance and information. The institution economic growth. of CIC has taken innovative inclusive growth. methods to spread the access Increasing investment is also of information which include

10 KaleidOSCOPE JULY, 2017 greater use of advanced techno- logy, national RTI helpline, use of video conferencing for CIC hearing, online filing of appeals and complaints etc.

RTI Act has, undoubtedly, improved transparency and accountability and PSE brand in domestic and international market. However, there are some impediments which reduce its efficacy. PSEs, on account of their constitution and parliamentary accountability, are accountable to large many complex and hetero- genous checks and balances and RTI Act is another addition in through shareholders and finan- Information Commission (CIC) the system. Therefore, multilayer cial institutions. and CPSEs to tackle the large system of checks and balances number of queries. Besides, clarity Despite proactive disclosure need convergence for clarity and on the government policies and of information, the number smooth functioning. guidelines should be ensured. of frivolous and vexatious A Department of Personnel and The foremost important thing applications is increasing by the Training (DOPT) circular dated while providing information as day. Such frivolous and vexatious 15.4.2013 envisages disclosure per the act is to strike a balance applications need to be tackled of information related to public- between transparency and properly under the Act. Habitual private partnership (PPP) by the confidentiality. The RTI Act must information seekers who file public authority. But, as of now, have certain safeguards which applications to meet their vested PPPs do not fall under the ambit can promote transparency while interest must be dealt with of the RTI Act. protecting the necessary privacy separately and there should be and confidentiality lest an penalties for seeking irrelevant The Circular further requires all organization loses its competitive queries, particularly with ill- the private and public authorities edge. For example, in United motives. This is a must so that the to be audited by third parties every Kingdom if information can whole purpose of the Act does year and the report uploaded on reasonably be accessible by other not get defeated. Sometimes, all their respective websites. But the means then it is exempted in the the efforts and administrative guidelines for the audit are yet Freedom of Information Act. time put in by the CPSE becomes to be framed and published by Similarly, such a provision must futile when the information the DoPT. This kind of confusion exist in the RTI Act so that it is is returned because of wrong should be avoided and all the truly used for the purpose it is address given by the applicant. government departments should meant. This may happen when RTI function in tandem to ensure Act is misused to create hurdles clear dissemination. Also, a PSE must also have and cause delays in important We are now entering the more the same privileges in seeking projects. Hence, the Act should advanced phase of the RTI information from a private sector not be allowed to be misused by regime. Addressing these issues enterprise so that it creates a level- persons with vested interest and will clearly help to make the playing field. Such a level-playing that has no larger public interest. field between government and Act more inclusive with greater non-government sectors rests on There is also a need for capacity clarity for ensuring its effective the principle of equity, especially building by enhancing the implementation and to uphold when the listed private player or number of trained manpower the spirit of the Act for which it NGO is holding public money both in the institution of Chief was envisioned

KaleidOSCOPE July, 2017 11 lwpuk vf/kdkj vf/kfu;e ds dqN fopkj.kh; igyw% ;'kkso}Zu vkt+kn dh dye ls

;’kkso)Zu vkt+kn lwpuk vk;qDr

kjrh; vFkZO;oLFkk ds fodkl ifjorZu dk izca/ku (Management ds ckjs esa xaHkhjrk ls ,d vfHk;ku esa lkoZtfud {ks= ds m|eksa of Change) ,d egRoiw.kZ fo’k; gS] pykus dh vko”;drk dks Hkh eglwl Hkdk vR;ar egRoiw.kZ ;ksxnku tks ,ech, dh d{kkvksa esa i<+k;k tkrk fd;kA Ldksi ds mDr fu”d”kZ fuf”pr jgk gSA ,d vksj tgka os m|ksxksa ds gS rFkk lkoZtfud ,oa futh miØeksa :Ik ls egRowi.kZ gSaA csgrj lapkyu dk uewuk iznf”kZr djrs }kjk Hkh bl fn”kk esa xaHkhj iz;kl fd;s gSa] ogha nwljh vksj dkjiksjsV lks”ky tk jgs gSaA tu lwpuk vf/kdkfj;ksa dh flfoy lkslk;Vh laxBuksa dh leh{kk fjLikWUlfcfyVh lh,lvkj ds tfj, rjQ ls Hkh blds izfr ,d ldkjkRed esa tks rF; fudydj lkeus vk, muesa os viuh lkekftd ftEesnkjh dk izfrfØ;k nh tk jgh gS vkSj vk”kk gS dqN eq[; ;g gSa fd yksd izkf/kdkfj;ksa fuoZgu djrs gSaA blh izdkj mUgksaus fd fudV Hkfo’; esa bl fn”kk esa vkSj }kjk lwpuk vf/kdkj vf/kfu;e dh tu lwpuk vf/kdkj vf/kfu;e dks izxfr gksxhA /kkjk 8 ds varxZr lwpuk dk vf/kdkf/kd vf/kd izHkkoh ,oa dkjxj cukus esa vLohdj.k fd;k tk jgk gSA izFke Hkh viuh egRoiw.kZ Hkwfedk fuHkkbZ gSA lwpuk vf/kdkj vf/kfu;e ds ykxw vihyh; vf/kdkjh lwpuk vf/kdkj eq>s g’kZ gS fd Ldksi }kjk ikjnf”kZrk gksus ds ,d n”kd ckn lekt ds vf/kfu;e }kjk fu/kkZfjr vius nkf;Roksa vkSj lwpuk vf/kdkj vf/kfu;e fo’k; fofHkUu oxksaZ rFkk lwpuk i)fr ls dk fuoZgu Bhd rjhds ls ugha dj ij ,d fo”ks’k laLdj.k izdkf”kr fd;k tqMs+ fofHkUu ?kVdksa us bl i)fr dh jgs gSaA lwpuk fu/kkZfjr le; ij ugha tk jgk gS] ftlesa bl fo’k; ls tqMs+ leh{kk dh vkSj yxHkx lHkh ?kVdksa fey jgh gS vkSj foyEc ls izkIr lwpuk lHkh egRoiw.kZ eqn~nksa ij fo”ys”k.k dk us ;g ekuk fd lwpuk vf/kdkj egRoghu gks tkrh gSA budh ,d vU; izdk”ku fd;k tk,xkA ;g iz;kl u vf/kfu;e ukxfjdksa ds l”kfDrdj.k eq[; f”kdk;r gS & yksd izkf/kdkfj;ksa dsoy lkef;d gksxk] cfYd fofHkUu dh fn”kk esa ,d l”kDr ek/;e }kjk lwpuk vf/kdkj vf/kfu;e dh lkoZtfud miØeksa ls tqMs+ 13 yk[k ds :Ik esa mHkjk gSA ,l-lh-vks-ih- /kkjk 5(4) dh vis{kk 6(3) dk vf/kdkf/kd vf/kdkfj;ksa ,oa deZpkfj;kas dks Hkh blls bZ- (Standing Committee of iz;ksxA mijksDr lanHkZ esa lwpuk vf/kdkj fo”ks’k izsj.kk feysxhA Public Enterprises) us Hkh bl vf/kfu;e dh i)fr dks vkSj l”kDr vf/kfu;e ds fØ;kUo;u dh leh{kk cukus ds fy, xaHkhjrk ls iz;kl lcls igyk vkjVhvkbZ vkosnu 12 dhA bldh leh{kk ds fu’d”kZ ds fd;s tkus dh vko”;drk gSA vDVwcj] 2005 dks iqfyl LVs”ku iq.ks vuqlkj vkSj 50 izfr”kr ls Hkh de vkt oks le; vk x;k gS tc ge “kgj esa nkf[ky dh x;hA rc ls lwpuk yksd izkf/kdkfj;ksa us lwpuk vf/kdkj xaHkhjrk ls mu igyqvksa ij viuk vf/kdkj i)fr us fiNys 12 o’kksZa dk yEck vf/kfu;e dh /kkjk 4¼1½¼ch½ ds rgr /;ku dsUnzhr djsa] tks ckj&ckj bl lQj r; dj fy;k gS] ftlesa bls vikj lwpuk dk vxzlfØ; izdVu fd;k gSA i)fr esa mHkj dj lkeus vkrs gSaA lQyrk feyh gSA ftruh lwpuk bl Ldksi us bl rF; dks Hkh Lohdkj fd;k dqN ,sls fcanqvksa ij eSa vkidk /;ku vf/kfu;e ds ek/;e ls ukxfjdksa }kjk fd T;knk ls T;knk vkosnu deZpkfj;kas vkdf”kZr djuk pkgq¡xk%& ekaxh x;h gS] ;g bl ckr dk ifjpk;d dh O;fDrxr O;Fkk ls lacaf/kr gSaA lkFk • lwpuk vf/kdkj vf/kfu;e dh gS fd bl i)fr dks tu lk/kkj.k gh mlus tu lwpuk vf/kdkfj;ksa ,oa /kkjk 4(1)¼ch½ ds varxZr vxzlfØ; dk vHkwriwoZ leFkZu izkIr gqvk gSA izFke vihyh; vf/kdkfj;ksa ds izf”k{k.k

12 KaleidOSCOPE JULY, 2017 izdVu% SCOPE rFkk vU; ukxfjd lkekftd laxBuksa] nksuks gh bl rF; ls lger gSa fd lwpuk vf/kdkj vf/kfu;e dh /kkjk 4(1)¼ch½ ds varxZr yksd izkf/kdkfj;ksa }kjk vxzlfØ; izdVu vkt Hkh visf{kr Lrj ij ugha gqvk gSA vf/kdka”k yksd izkf/kdkfj;ksa dks bl fn”kk esa vkSj igy djus dh vko”;drk gSA esjh jk; gS fd bl lanHkZ esa ,d eq[; leL;k ;g Hkh jgh gS fd lwpuk vf/kdkj vf/kfu;e dh /kkjk 4¼1½¼ch½ ds varxZr izdkf”kr fd;s tkus okyh lwpuk ij Hkh yksd izkf/kdkfj;ksa esa er&oSfHkU; dh fLFkfr gSA yksd izkf/kdkjh ;g lqfuf”pr ugha dj lds gSa] fd dkSu&dkSu lh lwpuk dks vf/kfu;e ds varxZr nkf[ky fd;s vxzlfØ; :Ik ls izdV vkSj v|ru lcls igyk vkjVhvkbZ vkosnu tkrs gSa] oks O;fDrxr f”kdk;rksa ls fd;k tk,A ,slh fLFkfr esa esjk lq>ko 12 vDVwcj] 2005 dks iqfyl lacaf/kr gksrs gSaA lwpuk vkosnuksa dh ;g gksxk fd] oSls rks 4¼1½¼ch½ esa LVs”ku iq.ks “kgj esa nkf[ky dh =Sekfld vFkok ekfld leh{kk ls nLrkostksa ds oxhZdj.k vkSj izdVu x;hA rc ls lwpuk vf/kdkj lkoZtfud miØeksa ds “kh’kZ vf/kdkjh ds laca/k esa tkudkjh nh x;h gS] ikap i)fr us fiNys 12 o’kksZa dk dks ;g Li’V vkHkkl feysxk fd muds egRowi.kZ “kh’kZdksa] ;Fkk&pkVZj vkWQ dkSu&ls [email protected] esa lq/kkj dh yEck lQj r; dj fy;k gS] M~;wVh] fofHkUu vf/kdkjh] ctV] vko”;drk gSA orZeku esa mYys[kuh; ifj;kstuk,a rFkk O;oLFkkiu@izca/ku] ftlesa bls vikj lQyrk feyh gS fd vioknksa dks ;fn NksM+ fn;k ds varxZr lkjh egRoiw.kZ tkudkjh gSA ftruh lwpuk bl tk,] rks dksbZ Hkh vke ukxfjd] lwpuk dks izdV dh tkus dh “kq:vkr dh vf/kfu;e ds ek/;e ls ukxfjdksa dsoy lwpuk ds fy, ugha ekaxrk gSA tk ldrh gSA izkf/kdj.k esa miyC/k }kjk ekaxh x;h gS] ;g bl ckr okafNr lwpuk dh foospuk djrs le; nLrkostksa dk leqfpr rjhds ls oxhZdj.k dk ifjpk;d gS fd bl t:rj bl ckr dh gksuh pkfg, fd ekaxh xbZ lwpuk esa varfuZfgr rF;ksa djuk] mUgsa lwphc) djuk vkSj miyC/k i)fr dks tu lk/kkj.k lalk/kuksa ds vkyksd esa mudk daI;wVjhdj.k ij /;ku dsUnzhr fd;k tk, rFkk bl djuk vkSj nLrkostksa dh izd`fr ds dk vHkwriwoZ leFkZu izkIr vf/kfu;e ds izko/kkuksa ds varxZr jgrs vk/kkj ij mudk vxzlfØ; izdVu djuk gqvk gSA ifjorZu dk izca/ku gq, lacaf/kr f”kdk;r dk lek/kku vfuok;Z gSA ftruh “kh?kzrk ls bl yksd (Management of Change) ,d izLrqr djus dh dksf”k”k dh tk,A vr% izkf/kdkfj;ksa }kjk bl y{; dh iwfrZ egRoiw.kZ fo’k; gS] tks ,ech, dh yksd miØeksa ds n`f’Vdks.k esa bl rjg dj yh tk,xh] blls lacaf/kr lwpuk d{kkvksa esa i<+k;k tkrk gS rFkk ls cnyko yk;s tkus dh vko”;drk gS fd lwpuk vkosnuksa dks flQZ fuLrkj.k vkosnuksa dk fuLrkj.k mruk gh lqxe lkoZtfud ,oa futh miØeksa gksxkA ;gka eSa ;g Hkh dguk pkgq¡xk fd djus dh n`f’V ls u ns[kk tk,] cfYd ,sls izdVu ls lwpuk vkosnuksa dh la[;k }kjk Hkh bl fn”kk esa xaHkhj muds tfj, muesa mBk, x, eqn~nksa esa deh vk,xh vFkok ugha] ysfdu blls iz;kl fd;s tk jgs gSaA tu ds vk/kkj ij iz.kkyh esa xq.kkRed lacaf/kr vkosnuksa ds fuLrkj.k dh izfØ;k lwpuk vf/kdkfj;ksa dh rjQ ls lq/kkj djus dk iz;kl Hkh fd;k tk,A dkQh lqxe gks tk,xhA Hkh blds izfr ,d ldkjkRed • izFke vihyh; vf/kdkjh dh • lwpuk vf/kdkj vf/kfu;e% izfrfØ;k nh tk jgh gS vkSj Hkwfedk% lwpuk vf/kdkj iz.kkyh ,d f’kdk;r fuokj.k i)fr% ;g vk”kk gS fd fudV Hkfo’; esa bl dks lQy cukus dh fn”kk esa izFke loZfofnr gS fd T;knk ls T;knk fn”kk esa vkSj izxfr gksxhA vihyh; vf/kdkjh dh Hkwfedk dkQh vkosnu] tks lkoZtfud miØeksa esa bl egRoiw.kZ lkfcr gks ldrh gS]

KaleidOSCOPE July, 2017 13 • Hkwfe fjdkMZ dk izca/ku% ekeyksa dk U;k;fu.kZ;u djrs le; ,d fo”ks’k izdkj dh lwpuk@nLrkostksa dh ekax vDlj vk;ksx ds lkeus vkrh gS] og gS&Hkwfe ls lacaf/kr fjdkMZA Hkkjro’kZ esa tehu ls tqMs+ iz”u vR;ar laosnu”khy gksrs gSaA dksy bafM;k fyfeVsM vkSj blds lgk;d bZdkbZ;ksa ds lanHkZ esa fjdkMZ ds vuqj{k.k ds izfr dksbZ fuf”pr uhfr ugha gSA dHkh 30 ls 35 o’kZ dh lwpuk@nLrkost Hkh miyC/k djk fn;s tkrs gSa vkSj dHkh 5 ls 7 o’kZ ds nLrkost Hkh dkQh iqjkus gks tkrs gSaA fnypLi rF; ;g gS fd ,sls iz”uksa D;ksafd inukfer izFke vihyh; vf/kdkfj;ksa dks le;≤ ij fo”ks’k dk mRrj Hkh fdlh fuf”pr fu;e@ vf/kdkjh] u dssoy in ,oa izfr’Bk esa :Ik ls izf”k{k.k iznku fd;s tkus dh izfØ;k ds varxZr ugha fn;s tkrs gSaA tu lwpuk vf/kdkjh ls ofj’B gksrk vko”;drk gSA vDlj yksd izkf/kdkfj;ksa ls ;g nyhy gS] cfYd mldh vf/kdkfjrk Hkh c`gn lkeus vkrh gS fd fjdkMZ miyC/k ugha • lwpuk vf/kdkj vf/kfu;e dk gksrh gS vkSj lcls cM+h ckr ;g gS gSaA vk;ksx vDlj bl rF; ij cy nq:Ik;ksx% fo”ks’k :Ik ls Ldksi dh fd fdlh f”kdk;r fo”ks’k ds lanHkZ esa nsrk gS fd izR;sd yksd izkf/kdkfj;ksa leh{kk dk ,d egRoiw.kZ fu’d’kZ bl ,d izkf/kdj.k ls tqMs+ rF;ksa ,oa mldh ds ikl muds }kjk /kkfjr nLrkostksa vf/kfu;e ds nq:Ik;ksx ds :Ik esa oLrqfLFkfr dh mls csgrj le> gksrh dh izd`fr ds vuqlkj ,d lqifjHkkf”kr lkeus vk;k gSA blls u dsoy yksd gSA dbZ izdj.kkksa esa ,slk ik;k tkrk fjdkMZ fjVsU”ku f”kM~;wy gksuk vfuok;Z gS fd izFke vihyh; vf/kdkjh ;k rks izkf/kdkfj;ksa ds le; ,oa Je dk gS] D;ksafd dsoy ;g tokc fd fjdkMZ vf/kfu;e }kjk fu/kkZfjr vius viO;; gksrk gS] cfYd bl vf/kfu;e miyC/k ugha gSa] u rks drZO;ksa dk vuqikyu gh ugha djrs gSa ls lacaf/kr vU; vko”;d ekeyksa esa U;k;ksfpr gS vkSj u gh fof/klEerA vFkok ;fn ,slk fd;k Hkh tkrk gS] fu.kZ; Hkh izfrdwyrk ls izHkkfor gksrs mYys[kuh; gS fd vf/kx`fgr tehuksa ls rks cxSj ekeys dk ijh{k.k fd, ;k gSaA eSa bl ckr ls lger gw¡ fd yksd lacaf/kr Hkwfe nLrkost dkQh egRoiw.kZ rks vihydrkZ] ;k fQj tu lwpuk izkf/kdkfj;ksa ds ikl cgqr lkjs ,sls nLrkost gSa vkSj dkQh iqjkus nLrkostksa vf/kdkjh ds i{k esa ,drjQk vkns”k vkosnu Hkh nkf[ky fd;s tkrs gSa] dh vusdksa ekax vk;ksx ds le{k vkrh ikfjr dj fn;k tkrk gSA nksuksa gh ftudk dksbZ fof”k’V mn~ns”; ugha jgrh gSA izR;sd laxBu dk ,d fjdkMZ ifjfLFkfr;ksa esa ;g leqfpr vuqikyu ugha gksrk gSA laHkor% ,sls vkosnu yksd fjVsU”ku f”kM~;wy gksuk vfuok;Z gSA dgk tk ldrk gS] D;ksafd vihydrkZ ds izkf/kdkfj;ksa dks rax djus ds mn~ns”; blls u dsoy fjdkMksaZ dk izca/ku csgrj fojks/k esa fn;k x;k fu.kZ; ,d ukxfjd ls gh nkf[ky fd;s tkrs gksaxsA ysfdu gks tk,xk cfYd mUgsa vklkuh ls [kkst ds lwpuk ds vf/kdkj dks lekIr dj ;gka ,d mYys[kuh; rF; ;g gS ikuk Hkh laHko gks tk,xkA nsrk gS rks nwljh rjQ tu lwpuk fd lwpuk vf/kdkj vf/kfu;e esa gh var esa ;gka ;g mYys[k izklafxd gksxk vf/kdkjh dks ,slh lwpuk iznku djus ,sls vkosnuksa dks fuLrkfjr djus gsrq dh lwpuk dk vf/kdkj vf/kfu;e dks ds fy, ck/; fd;k tkrk gS] ftls cgqr lkjs mik; vf/kdfFkr gSaA yksd iwjs fo”o esa pkSFkk loZJs’B vf/kfu;e miyC/k djkuk] vO;ogkfjd] Jelk/; izkf/kdkfj;kas dks pkfg, fd os mu ?kksf’kr fd;k x;k gSA lkoZtfud ,oa le;lk/; gksrk gS vkSj izkf/kdkj mik;ksa dk lgkjk ysaA vk;ksx Hkh ,sls miØeksa dh ;g tokcnsgh gS fd bl ds lalk/kuksa ij Hkkj Hkh gksrk gSA vr% vkosnuksa dk fuLrkj.k djrs gq, i)fr dks vius loksZRre dk;Z”kSyh lwpuk vf/kdkj vf/kfu;e ds lQy vf/kfu;e ds ,sls laxr izko/kkuksa dk ds tfj, fo”o dk loZJs’B vf/kfu;e fØ;kUo;u ds fy, izFke vihyh; mi;ksx djrk gSA cukus dh dksf”k”k djsaA

14 KaleidOSCOPE JULY, 2017 Girish case is no Precedent Public servant’s misconduct is not his family affair

Prof. M. Sridhar Acharyulu Central Information Commissioner

Summary of presentation in CIC organized Seminar on “Implementation of RTI”, attended by Information Commissioners from all over India on 19.5.2017

he RTI Act was made High Court Division Bench (DB) decree, determination, sentence or in 2005 to make every also dismissed Letters Patent order in any cause or matter passed Tpublic office and servant Appeal. Relentlessly Girish filed or made by any Court or Tribunal answerable. Even as secrecy is Special Leave Petition (SLP) before in the territory of India”. On the being replaced by transparency Supreme Court, which also was other hand, Article 141 says the in most of the Government offices dismissed in 2012. The apex court law declared by the Supreme Court with this Act, a 2012 order of ruled that “the performance of shall be binding on all courts within Supreme Court was used to build employee/officer in public office the territory of India. Whether secrecy around complaints and is primarily a matter between dismissal of SLP under Article 136 punishments for misconduct by employer and employee, those will also amount to declaration public servants. aspects are governed by service of law (precedent) under Article rules, which fall under ‘personal’ 141? No. More than 60 percent RTI category and its disclosure causes applications are rejected by using unwarranted invasion of privacy The apex court ascertained in order of Supreme Court in Girish of those officers”. Six authorities Kunhayammed v State of Kerala Ramachandra Deshpande case. This in a row ignored the fact that (2000), that it can reverse, modify pocket pistol decision was used here employer is not a private or affirm the judgment appealed to shoot down RTIs. The DoPT, shop but the Government of the from in appellate jurisdiction which being a nodal agency to people, who should know about (u/A 141), but not in discretionary implement RTI has quickly issued misconduct of their servants. jurisdiction u/A 136, which power an Office Memorandum (OM) has to be exercised sparingly. directing PIOs to deny requests The question is: Whether apex After admitting SLP, and SC for such information. court order in Girish is legally agreed with HC on merits, both binding precedent? No. Supreme Girish was an applicant seeking judgments merge to form law. Court just dismissed special copies of complaints and If dismissal of SLP was with leave, which is not full-fledged departmental action against one reasons, then also it is no law, hearing of appeal. public servant, which was denied though it binds the parties. This by PIO, First Appellate Authority Article 136 Constitution of India principle was laid down by the and Information Commission says “Notwithstanding anything apex court in Dhakeshwari saying it as his personal in this Chapter, the Supreme Court Cotton Mills case, 1955, and information. Girish’s writ petition may, in its discretion, grant special reiterated in Hari Singh, 1993 was rejected. In 2011 the Bombay leave to appeal from any judgment, saying “dismissal of SLP will

KaleidOSCOPE July,July, 2017 15 action, how can that be his ‘family affair’? If misappropriation or misconduct of public servant is declared as his private affair, that will be the end of Right to Information. Apex court further explained ‘privacy’ in several cases, for instance in Naz Foundation (2011) citizen’s sexual relations was protected. In PUCL v UoI (2003), and ADR v UoI (2002) information about education, criminal cases and properties of contestant’s public servants was not create any precedent”. Thus record does not give rise to any held to be in public domain. Girish where SLP was dismissed, privacy, except in cases of female Surprisingly Girish case says though with reasoning is no victims in sexual crimes. If an IAS even property statements are declaration of law. officer or a subordinate employee personal through Lokpal Act, embezzles public funds leading This was reaffirmed in Bhakra the Parliament made it clear to punishments or disciplinary Beas Management Board v. that every public servant has Krishan Kumar Vij., (2010). It was to publish annual property explained: “Even if the merits have statements. In PUCL v UoI been gone into, they are the merits of There are several High Court (1997) apex court justified the the special leave petition only. In our phone tapping, if is done as per opinion neither doctrine of merger orders diluting Girish fur- procedure established by law. nor Article 141 of the Constitution is ther. Bombay HC in Surup attracted to such an order”. There are several High Court Singh Naik v Maharastra orders diluting Girish further. When Girish order can’t be a Bombay HC in Surup Singh Naik precedent, Bombay HC order (2007) said what cannot be v Maharastra (2007) said what could be a precedent but only denied to Parliament should cannot be denied to Parliament in territory Maharasthra. Even should not be denied to citizen that is not so, because there are not be denied to citizen [Proviso to S 8(1) or RTI Act]. several precedents established [Proviso to S 8(1) or RTI In this case disease related by Supreme Court contradicting information of a convicted Girish. Act]. In this case disease re- minister was held not personal. In DP Jangra v SIC (2001) and Most important order is that lated information of a con- in Omprakash v Uttarakhand of SC in R Rajgopal (1996) victed minister was held not (2012) High Courts made it clear saying “any right to privacy that information about assets of must encompass and protect personal. In DP Jangra v SIC public servant is matter of public the personal intimacies of the (2001) and in Omprakash v interest. Kerala High Court (DB) home, the family, marriage, in Centre for Earth Sciences motherhood, procreation and Uttarakhand (2012). High Studies v. Anson Sebastian child-rearing. None can publish Courts made it clear that (2010) and Delhi HC in UPSC v anything concerning the above RK Jain (2012) held disclosure matters without his consent - information about assets of regarding domestic enquiry was whether truthful or otherwise public servant is matter of not prohibited. and whether laudatory or critical”. Information that formed public interest. The pocket pistol without bullets part of public record or court and this OM need to be buried

16 KaleidOSCOPE JULY, 2017 RTI and Digitization

Bimal Julka1 Information Commissioner Central Information Commission

emocratic government order to promote transparency and everything that is done in a public stands on two pillars accountability in the working of every way, by their functionaries. The Dnamely; transparency public authority, the constitution of right to know, which is derived and accountability as it is the a Central Information Commission from the concept of freedom of fundamental goal of a democratic and State Information Commissions speech, though not absolute, is government to put peoples will and for matters connected therewith a factor which should make one into action and be answerable or incidental thereto.” wary, when secrecy is claimed for to people for the same. Over transactions which can, at any 95 countries around the world rate, have no repercussion on have implemented some form Genesis of RTI Act, 2005: public security. To cover with veil of Freedom of Information Constitutional Perspective of secrecy, the common routine Legislation. Sweden’s Freedom business is not in the interest of of Press Act, 1766, is the oldest The Right to Information public. law in the world with regard to regarding the functioning of dispensation of information to public institutions owes its In the case of S.P. Gupta v. the public at large. Thus, an easy genesis to Article 19 (1) (a) of President of India and Ors., AIR and reliable access to information the Constitution of India. The 1982 SC 149, a seven Judge Bench for people all over the world is Hon’ble Supreme Court has of this Court made the following a paramount requisite of every declared in a plethora of cases observations regarding the Right democratic republic and the Right that the most important value to Information:- to Information Act, 2005 in India, for the functioning of a healthy is a fine example to it, which and well informed democracy is “…………………..Now, if secrecy aims to suffice the objective of transparency. The Constitution were to be observed in the effective and smoother delivery Bench judgment of this Court functioning of Government and of information to the people. The in the case of State of U.P. vs. the processes of Government Preamble/ Short Title of the RTI Raj Narain, AIR 1975 SC 865, were to be kept hidden from Act, 2005 reads as under: ruled that it is a Government’s public scrutiny, it would tend responsibility like ours, where to promote and encourage “An Act to provide for setting out all the agents of the public must oppression, corruption and the practical regime of right to be responsible for their conduct, misuse or abuse of authority, for information for citizens to secure there can be but few secrets. The it would all be shrouded in the access to information under the people of this country have a veil of secrecy without any public control of public authorities, in right to know every public act, accountability. But if there is an

1 Views of the author are personal and do not reflect the views of the Central Information Commission.

KaleidOSCOPE July, 2017 17 open Government with means was lauded to be a landmark in • Greater Transparency in of information available to the the history of India yet in order functioning of public authorities. public, there would be greater to ensure greater and more • Improvement in accounta- exposure of the functioning of effective access to information, bility and performance of the Government and it would help the National Advisory Council Government. to assure the people a better and and others suggested certain • Promotion of partnership more efficient administration. changes. In view of the significant between citizens and the There can be little doubt that changes proposed, and to Government in decision making exposure to public gaze and effectuate the right to information process; and scrutiny is one of the surest means recognized under Article 19 of the • Reduction in corruption in of achieving a clean and healthy Constitution of India, 1950, it was the Government departments. administration. It has been truly decided to repeal the Freedom of said that an open Government is Information Act, 2002 and enact The basic scheme of the Act is clean Government and a powerful the Right to Information Act, detailed below safeguard against political and 2005. administrative aberration and • To secure access to infor- inefficiency.” The RTI Act, 2005, as noted in its mation under the control of very preamble, does not create public authorities In the case of the Union of India any new right but only provides • To promote transparency and vs. Association for Democratic machinery to effectuate the accountability in the working Reforms, AIR 2002 SC 2112, a three fundamental right to information. of every public authority by Judge Bench of this Court held The institution of the CIC and the way of Suo Motu Disclosure of unequivocally that:- “The right to SICs are part of that machinery. Information get information in a democracy is This Act ensures to eradicate recognized all throughout and is any kind of corruption in Role of RTI for Good a natural right flowing from the Public Authority by providing concept of democracy (Para 56).” Governance mandatory obligation to the RTI Act, 2005 is enacted for four Public Authority to ensure to The Hon’ble Supreme Court primary objectives: disseminate the information in the case of PUCL vs. Union sought by the Indian citizen of India, (2003) 4 SCC 399, had This Act ensures to eradicate within a certain time period with held that “…….It should be nominal fee. Moreover, Section properly understood that the any kind of corruption in 4(1)(b) imposes Public authority fundamental rights enshrined in Public Authority by providing to maintain and provide access the Constitution such as, right all the information specified in to equality and freedoms have mandatory obligation to the the Section 4(b) by applying suo no fixed contents. From time to Public Authority to ensure to moto action. time, this Court has filled in the disseminate the information • The constitution of a Central skeleton with soul and blood and Information Commission and made it vibrant. Since the last sought by the Indian citizen State Information Commissions more than 50 Years, this Court has within a certain time period • Timely response to RTI interpreted Articles 14, 19 and 21 applications and First Appeals and given meaning and colour so with nominal fee. Moreover, • Matters connected to Public that the nation can have a truly Section 4(1)(b) imposes Authority or incidental thereto republic democratic society.” Public authority to maintain Categorization of RTI queries The result of continuous pressure and provide access all the encountered by Commission by various stakeholders resulted information specified in the during hearings: in the formulation of the Freedom of Information Act (“FOI”) in Section 4(b) by applying suo Service Related Matters: the year 2002 by the Parliament. moto action. • Own Annual Confidential Even though the legislation Report,

18 KaleidOSCOPE JULY, 2017 • Payment of salary gratuity • Information sought in To facilitate reporting of dues and reasons for delay in relation to Matrimonial Disputes: pendency and disposal figures payment, Medical allowances, • Designation of spouse on real time basis, the workflow HRA and other benefits system was modified. This • Details of annual increment • Reasons for removal from resulted in automatic generation • Place of working service, of opening balances of pending • Copies of revised PPO cases also indicating figures • Grant of promotion, Non- on registration, disposal and inclusion of name in seniority • Details of travel undertaken closing balance of cases at the lists, etc by husband/ wife, etc end of a particular reference • Copy of service book/ service • Action taken on Tax Evasion Petitions (TEP) period. The system now provides record, expandable hyperlink for details • Income Tax Returns (ITRs) of • Queries related to deduction of the cases in all four categories Spouse and other family members of taxes eg. Professional tax, etc i.e opening balance, registration, from salary, Issues related to Claims/ disposal and closing balance. Compensation Administrative Matters: Particulars of file number, name • Compensation provided of appellant/complainant, Public • Applications for seeking to the dependents of victims of Authority, date of registration, inquiry report, accidents/ untoward incidents, date of hearing and the date • Correspondences between • Claims for non- receipt of of disposal are shown against various authorities regarding Goods/ Parcel each of the above category. The vigilance proceedings, • Memo given by drivers after details can also be seen for cases • Attendance register copies, accidents and memo reports of allocated to each Information • Copies of Charge Sheet, station master, Commissioner, unlike earlier manual arrangements which • Officers competent to issue • Statement of deceased, provided details in respect of charge sheet, • CCTV footage of accidents, etc the Commission as a whole. The • Transfer Related Issues, etc. Submission of Online Returns by reconciliation process resulted in Examination Related Matters: Public Authority generating the reporting figures on real time basis. The details • Answer sheet/OMR sheet, In order to fulfill its mandate of can be seen under the hyperlink Question paper, Category wise cut preparing and submitting the “Monthly Progress Report” at off marks (written examination, Annual Report, the Commission http://cic.gov.in physical examination, personal invites online returns from the interview, etc), Public Authorities in accordance Registration/Disposal of Cases by • Position in Merit List with Section 25(3) of the RTI Commission during 2015-2016 Third Party Information: Act. As per the Annual Report of CIC for the year 2015-2016, The database regarding registr- • Service Records of Other the number of Public Authorities ation/disposal of the cases Employees: (PA) registered with the CIC were during the reporting year in the • Details of periodical posting 2023 and the number of PAs that Commission is as follows: of employees, had submitted online returns • Service book/ Service record were 1903 which meant that Registration • Vigilance proceedings only120 PAs had not submitted of the cases 25960 against third parties the returns and 94.07% submitted during 2015-16 • Year-wise details of salary, returns during the reporting year Disposal of the • Medical claims, 2015-16 which was the highest cases during 28188 • Copies of income tax compliance level achieved since 2015-16 inception of the RTI mechanism. declaration form, Pending cases for disposal • Salary details Disposal of Appeals / Complaints 34982 • Caste Certificates of third by the Commission- Automatic as on 1st April 2016 parties, etc Generation of Data

KaleidOSCOPE July, 2017 19 The Commission in its Annual Report 2012-2013, observed that despite having good information & communication technology (ICT) infrastructure, mandatory disclosure norms remain unattended.

Enforcement of Section 4 guidelines by public authorities remains to be one of the major hindrances in the RTI mechanism since Section 4 obligations are made applicable to public authority as an institution and responsibility is not affixed on any specific officer. In the case of, Delhi Development Authority vs. Central Information Commission Initiatives of the and so on is a key facet of the & Others (2010), the Delhi High Commission RTI mechanism. The objective Court observed: “Section 4 outlined in the preamble to the • E-COURT: The Central merely sets out the obligations of RTI Act, 2005 can be cherished if Information Commission has the public authorities. It doesn’t all public authorities comply with decided to implement an e-Court provide the machinery to enforce system, launching a new software proactive disclosure norms. the implementation of these obligations.” for appeals and complaints Other important duties of management and introducing public authority under Sect- One of the method adopted to a paperless system for hearing ion 4 include cataloguing, enforce compliance of Section 4 by in the Commission, enabling indexing and computerisation the Commission was a direction quicker disposal of cases and of records, publishing certain on a Complaint filed under efficient record management. basic information pertaining Section 18 to publish information • Digitization of Old Reco- to each organisation within a under Section 19(8)(a)(iii). rds: The Commission has specified timeframe, publishing However, in Chief Information approximately 1.50 lakhs physi- all relevant facts while making Commissioner & Anr vs State cal files of cases in its record important policy decisions and of Manipur & Anr (2011), the room and in its various offices. ensuring every information is Supreme Court adopted strict The Commission has decided to disseminated widely and in an construction of Sections 18 and digitize all these files. Thereafter, easily accessible manner for the 19 and upheld the view that the physical files will be weeded out public. in accordance with the policy Central or State Information adopted by the Commission. However, even after more than Commission while entertaining a decade since the enactment a complaint under Section 18 of Experience of the Commission in of the RTI Act, there are several the RTI Act has no jurisdiction dealing with RTI matters for suo- glaring examples of violation of to pass an order providing for moto disclosure of information Section 4 by the public authorities access to the information. The under public domain that have not published even only order that can be passed by Suo moto disclosure of the basic information expressly the Commission under Section information by all public specified in Section 4(1)(b), leave 18 is an order of penalty provided authorities at regular intervals on alone disclosing any additional under Section 20 of the RTI public platforms like the Internet information suo moto. Act, 2005.

20 KaleidOSCOPE JULY, 2017 The Department of Personnel & section 4 disclosure obligations. A Public Authorities Training (DoPT) vide its OM dated sense of dynamism with changing • Capacity Building Progra- 15 April 2013 while emphasizing times needs to be introduced to mme for CPIOs the need to set up a “compliance realize the objective of the RTI mechanism to ensure that act, 2005 in letter and spirit. • Due Diligence while Appoi- requirements under section 4 of nting CPIOs/ FAAs: Each Public the RTI Act are met” directed that The Way Ahead Authority should exercise due “each Central Ministry/ Public care and caution while appointing Commission Authority should appoint a CPIOs/ FAAs to ensure that senior officer not below the rank • Infrastructural Improvement: highly motivated and committed of a Joint Secretary and not below Even though several steps have officers are appointed for such rank of Additional HOD in case been initiated by the Commission positions. of attached offices for ensuring to address the needs and compliance with the proactive requirements of the stakeholders • Sensitization regarding pro- disclosure guidelines”. within the RTI ecosystem, there visions of RTI Act, 2005 and is always scope for improvement. nature of information that can be Another significant direction in Efforts can be made in further disclosed to citizens the DoPT memorandum was that improving the technical each public authority should get infrastructure through easier • Greater Awareness and un- its proactive disclosure package and better access to VC facilities, derstanding of “Public Interest”. audited annually by a third party digitization and centralization of like consultants etc. However, records pertaining to each case, • Periodic Audits of type of there is a palpable resistance linking of files relating to same information repeatedly asked amongst Public Authority information seeker to address by information seekers: Once officials to comply with the order duplicity of case files, etc analysed information can be proactively disclosed on the by public authorities. Not many • Improvement in Staff Skillset know about the designation, website in accordance with the through periodic workshops and provisions of Section 4 of the RTI role and responsibilities of a training sessions on RTI Act, 2005 Act, 2005. nodal officer envisaged in the in General and specific skillset in said memorandum of DoPT. particular Due to non-compliance of its • Facilitating ease of access to Judiciary memorandum dated 15, April information. In a democratic country like 2013, the DoPT issued another India, the role of judiciary cannot reminder dated 22.09.2014 re- Information Seekers be undermined. The Judiciary directing all public authorities • Sensitization regarding Righ- which acts as the guardian of to get their proactive disclosure the Fundamental Rights and package audited by a third ts available to the citizens as per the RTI Act, 2005 watchdog of the constitutional party. However, designating a provisions exercises its power of senior officer to only monitor • Awareness about the judicial review to keep a check implementation of Section objective of the RTI Act and the on exercise of powers by the 4 of the RTI Act, 2005 is of nature of information that can be Legislatures and Executive. The little significance since their sought: It has been experienced Judiciary by way of its orders and duties don’t include receiving on several occasions that judgments promotes social justice complaints from public in cases information seekers approach and its role and significance in the Commission for redressal of non-fulfillment of Section 4. the RTI mechanism is immense of their personal grievances or It is felt that there is an urgent considering that the judgments in furtherance of their personal need for removing the ambiguity pronounced by Higher Courts difference. regarding Commissions’ powers act as guiding principle for all under Sections 18 and 19 and • Greater Awareness and concerned and help in developing framing a defined legislative understanding of “Public the RTI jurisprudence which is framework for enforcement of Interest”. still at its nascent stage.

KaleidOSCOPE July, 2017 21 Transparency Transforms: Precept To Practice

I. C. Srivastava, IAS (Retd.) Chairman, Transparency International India

ransparency in public life who should be held answerable kernel of practicing transparency and administration is con- for all their actions to people in because in order to remain Tsidered an essential and key general and those affected by their impartial and incorruptible, an element, besides accountability decisions in particular from time administrative officer has to and integrity, for realization of to time. Thus, transparency in any demonstrate transparency all objectives of good governance administrative set up becomes the year round keeping his eyes in a democratic system, more so sine qua non for achievement of and ears open with necessary in a Parliamentary democracy goals and objectives including sensitivity and by providing like India. Governance cannot be elimination of corruption, the information to common citizens talked about without mentioning biggest obstacle to development. about all activities, duties and two of its pillars, namely trans- functions carried out in his or It is in this perspective and also parency and accountability. “In a her office in a good interface as a measure of administrative democratic set up like India, the with populace in the area and reforms that Right to Information right of franchise is not sufficient, jurisdiction. Act was enacted by Parliament but right to know the affairs in the year 2005 after nearly six Seventy years of India’s expe- of the state is necessary,” says decades of independence. The RTI rience in development and expe- an eminent thinker. Mr. Justice Act proved a bed- rock and sheet riment in democracy has brought Krishna Iyer rightly observed, anchor for translating precept forth the fact that administration “the essential measure to ensure of transparency to a sustainable has delivered services in patches a responsible political system practice in administration and of periods and specific situations is to grant right to information, public life viz a viz political and especially in holding general without which an intelligent electoral dynamics. We may elections, decadal Census and participation is not possible in a recall, in this context, the advice in delivering relief in calamity democracy”. of visionary Sardar Patel, the – floods, fires, earthquakes etc. Transparency as a tool of good first Home Minister of India to besides fighting wars, mainly governance seeks to inculc- IAS officers ‘to maintain to the against Pakistan. Time and again, ate, among politicians and utmost true impartiality and individual civil servants have administrators as also in the incorruptibility’ of administration not only risen to the occasion in varied echelons of bureaucracy, by keeping away from the demanding grueling tasks but sensitivity and accountability ‘politics and communal wrangle’ also left an imprint not only by towards felt needs of people by and ‘render your service without their qualities of head and heart providing adequate and update fear or favour and without but also by transparent style of information about objectives, expectation of any extraneous functioning. For instance, Mr. Rao’s plans, schemes and programmes rewards’. This clarion call to role in Surat sanitation work in the of all public authorities. It also higher bureaucracy which leads after math of plague was judged as seeks to change mindsets of rulers the lower ranks embodies the commendable by all standards.

22 KaleidOSCOPE JULY, 2017 It is another matter that politi- cians of all shades and hue and powers that be have almost always played hide and seek in their public life by conducting public affairs and administrative offices under their charge in an opaque and motivated manner according to the expedient needs of a given situation. They profess to be preceptors of transparency but fail to practice it while in office. Politicians apart, the strong bureaucratic structures, a legacy of the British Rule have been mainly responsible for the authoritarian viz a viz transparent approach in the course of nation building. ushering in transparency and alive in some states (Rajasthan Plethora of schemes floated and information in public domain for included), they have been replaced implemented by the overarching scrutiny and social audit. by the Right to Public Services or Planning Commission (replaced Guaranteed Delivery of Services The use of RTI has been reinforced with Niti Ayog, by the present Acts in as many as 19 states. by the use of information and Government were based on In some states like Rajasthan, communication technology giver-beneficiary or donor- Citizens’ Charters have also (ICT) which has revolutionized receiver mode of governance survived as Rajasthan Guaranteed life and living for the common in the absence of any clear-cut Delivery of Services Act, 2011 man slowly and steadily. Mobile definition of development. In this covers only 18 departments and phone embodies the most active perspective, the administrative 153 services. This Act seeks to and visible instrument of the ICT reforms suggested by various guarantee only timely delivery of revolution. Airlines, Railways, committees mainly focused services but not their quality as Telecom and Postal Services have on reforming the structures quality standards have not been brought about a sea change in besides Centre-State relations defined. Undoubtedly, there is lack delivering their services in a most and redressal mechanism for of awareness among masses about effective, efficient and sustainable grievances. the existence or efficacy of this manner. The question, however, Act. A similar situation prevails in arises whether ICT revolution has However, the Second Admini- other states. In Karnataka, an NGO helped in delivery of public services strative Reforms Commission was entrusted with monitoring and by the majority of Government sought to institute a transparent strengthening of implementation departments and authorities. The and accountable administration mechanism for SAKALA Act but answer is a loud ‘No’! at all levels by the use of Right after the coordinator government to Information and by setting It may be recalled that after Chief office-in-charge left the monitoring up E-governance architecture Ministers’ Conference in May, 1997, has floundered. In a study by in almost all spheres of gov- Government of India together with an NGO Jaguar in Bareilly (UP), ernmental activities. The use of some States launched Citizens’ it was found that there is no RTI has gathered momentum Charters in the years, 1998-2000 awareness among the masses over the years and according to based on the ‘charter’ entitlement as well as officials about the UP Aruna Roy (the renowned Social of citizens conceptualized by Right to Service Act. In Punjab, Activist who steered the national Margaret Thatcher, the British the Act covers 28 Departments campaign and fight to bring about P.M. in late eighties of twentieth and 351 services but only 0.5 RTI legislation), there are nearly century and enforced by John percent of 29 lakh applicants 80 lakh RTI activists in India, who Major, her successor. Although were receiving services within the have done a commendable job in Citizens’ Charters are weakly specified time limit.

KaleidOSCOPE July,July, 2017 23 Monitoring of Right to Services data; government orders, rules In April 2016, Rajasthan Govt. Acts in various states has proved and regulations etc. Officers entrusted monitoring of to be the biggest bottleneck in should display, on notice boards, grievances to Parliamentary their implementation. Monitoring names of concerned officials with Secretaries. Transparency should holds the mirror to flow of related subjects and Mobile phone be the guiding and shining star information and feedback to any Nos. noted against their names in of politics too – why not? After scheme or programme in respect all public offices where common all, parties are the mechanisms of resources, supplies demand man has access for securing through which power is and citizens’ behavior patterns. services mentioned in the Service exercised in a democracy. In most Information Facilitation Centres Act. No or little scope should be democracies, parties perform envisaged earlier by Government left for generation of complaints crucial educative functions too. of India for keeping the citizens for people will, as usual, grease But with the weakening of intra- informed of available services the palm of local officials and not party democracy, a number of by providing information and resort to appeal for redressal of persons with criminal precedents necessary forms etc. have not been grievances for lack of inclination, are being fielded by party bosses set up by line departments in field time and energy required for for election to Parliament and offices. Common Service Centres such pursuance. State Assemblies. Supreme Court are languishing in the villages had, therefore, intervened and for lack of proper infrastructure decisively laid down that a ‘law- and trained manpower. Training Transparency as a tool of breaker’ cannot be allowed to of personnel especially for CSCs become a ‘law-maker’, thereby in IT and monitoring, therefore, good governance seeks to directing the Election Commission assumes importance in regard to prescribe a declaration on oath inculcate, among politicians to their sensitization so as to by each candidate along with enable them to help the rural folk and administrators as also the Nomination Form Paper to in filling up forms etc. E-mitra the legislative bodies to disclose or information kiosks set up in the varied echelons of their Criminal and Financial by private vendors are already bureaucracy, sensitivity and antecedents in a prescribed working on-line to provide format. Politics being inseparable certificates, copies of records and accountability towards felt from political parties, the latter other information related tasks. need to match their precept of The need to train and sensitize needs of people by provid- transparency with the practice of them also needs to be emphasized ing adequate and update public disclosure, in a transparent for human factor in bureaucratic manner, of their resources and machinery is very crucial for information about objec- expenditure made for electoral successful implementation of the and other goals. It is important tives, plans, schemes and Right to Services Acts. to recall that in 2011, two RTI programmes of all public querists – The Association for CSCs should be converted Democratic Reforms (ADR), an into facilitation centres to be authorities. It also seeks to NGO and an informed citizen Shri managed by trained manpower change mindsets of rulers Subhash Agarwal appealed to as mentioned above and also Central Information Commission equipped with necessary forms who should be held an- (CIC) on refusal by political and other certification formats, parties to share information about Transparency should be the basis swerable for all their their account and activities. The for new monitoring mantra in actions to people in general full bench of CIC ruled that six public life and administration. national political parties needed Proactive disclosure of and those affected by their to provide information as sought information updated from time through required RTI apparatus decisions in particular from to time online and offline too as because they were recipients of envisaged under Sec. 4 of RTI Act time to time. valuable state resources in the would help disseminate necessary form of land, accommodation and

24 KaleidOSCOPE JULY, 2017 tax exemptions, which amounted to substantial funding by the public exchequer thus making them public bodies answerable under RTI Act.

There are different dimension of transparency which is now prevailing in our society, whether in the form of e-governance, open- check books, activity spending, government performance etc. In order to make the whole system more clear and transparent each and every single person starting from public officers, clerks, ministers to the common man in the society. Everyone must government but in it the citizens take equal initiative in order to According to Institute for De- need to participate in order to remove corruption from every smooth working of the system. corner of each section of society mocracy and Electoral According to Institute for rather than depending fully Assistance (IDEA) Hand Book Democracy and Electoral Ass- upon NGOs and government and its website in nearly 60 istance (IDEA) Hand Book and and leading our country its website in nearly 60 Countries towards a better corruption free Countries including UK, Japan, including UK, Japan, Canada, tomorrow. People nowadays France, Germany and Thailand, are not giving much value to Canada, France, Germany and political parties are bound their inner morality and they Thailand, political parties are to disclose all contributions are getting their work done beyond a specified threshold by offering bribe to the public bound to disclose all contri- amount. Anonymous donations officials even if it is not necessary. are banned in these countries. One another step which can be butions beyond a specified Unfortunately, India is not among taken for more upgradation of threshold amount. them. Ideally, we need a body transparency in the society is like Federal Election Commission the development of information Anonymous donations are of USA, which supervises all technology as it will reduce the banned in these countries. financial transactions by political time consumption and also one bodies which have solicited or added advantage is that it will Unfortunately, India is not spent money to support or defeat not involve too much consum- federal candidates. Alternatively, ption of papers and files in the among them. Ideally, we need Election Commission should be offices. The problem of red-taping a body like Federal Election empowered to perform all these can also be synchronized leaving functions. Like Model Code of less scope of demanding extra Commission of USA, which Conduct, Model code of Political expenses for doing the right Finance could be evolved with job at right time. Now, supervises all financial transac- given measure of political transparency, participation and tions by political bodies which consensus on the lines brought collaboration are the three major about for GST. There is promise dimensions which are identified have solicited or spent money of hope! In that case, there would be no need to give response under by various other countries to support or defeat federal administration for the successful RTI. Political parties should also open government. Modes of candidates. pledge to support a law to ban transparency can be implied by anonymous donations besides

KaleidOSCOPE July,July, 2017 25 Election Commissioner, Chief Vigilance Commissioner, Chief Information Commissioner, Comptroller and Auditor General (CAG). Both CIC and CAG have wielded their authority befittingly and have risen to the occasion more than once to institutionalize transparency in the functioning of the Government, the Executive. Chief Election Commissioner has sent his suggestions to Government of India for amendments in Representation of People Act with a view to decriminalize politics and for banning politicians with criminal precedents. But cash contributions beyond a RTI information as sought by Government of India has yet to limit and also put a ceiling on an applicant who had filed an respond in this regard. On the election related expenses of appeal before CIC against the other hand, CVC’s role has been individual political parties. There refusal of Registrar who was rightly redefined by the Supreme is promise of hope! But will self- asked to appear before the Court in relation to control over preservation instinct of political Commission. Judicial activism CBI and in overseeing measures party bosses be inclined to bring has failed in this case to live upto for elimination of corruption in about transparency at the risk of standards of transparency. In this the larger public interest and self-destructive and unforeseen context, it is also useful to cite factors. There is promise of hope! CIC’s latest direction in Army’s transparency. Macchil, 2010 and Parthibal 2010, Finally, we may recall even as However, as a tribute to present J&K fake encounter cases to hind sight wisdom, that in 1975 Central Government’s efforts, share the information with RTI in a case relating to expenditure we may consider unearthing applicant about the Court martial on Security of the Country, of black money by declaring proceedings of five soldiers in the Justice K. K. Mathew, the then illegal tender currency notes of former and court of enquiry in CJI had observed that barring the latter case as reported in TOI Rs. 500 & 1000 denominations State Security Concerns every daily dated 17th November 2016. as the most important milestone citizen has a right to be informed It is a happy augury for ushering in the journey to bring about of expenditure in any office in in of transparency even in transparency in personal and which decisions are taken by civil security related matters wherein public life. servants. Seeds of transparency in larger public interest is served in public offices seem to have Last but not the least, let us by disclosure of information been embedded in his judicial under RTI. recall the fundamental duty observations. Ironically, RTI Act of all citizens under Article 51 could be enacted in 2005, i.e. thirty In conclusion, it is clear that A of the Constitution of India, years after J. Mathew’s remarks. the constitutional mandate especially sub Article 10, “to However, it is dismaying that to ensure justice according to strive towards excellence in Supreme Court, the guardian of procedure established by law all spheres’ of individual and Constitution has, somehow, been has to be translated from precept collective, activities so that nation reluctant so far to implement to practice by its ‘Watchdogs’ constantly, rises to higher levels CIC’s directions to make available and guardian angels viz. Chief of endeavour and achievement”.

26 KaleidOSCOPE JULY, 2017 To Disclose or not to Disclose Some Conflicting Trends in India’s Right to Information Jurisprudence1

Venkatesh Nayak*

n much the same way as the these cases have escalated to and complaints entertained by the flow of its waters fashions a the High Courts and more than Central Information Commission Iriver’s banks, actual imple- a score to the Supreme Court (CIC) related to grievances of mentation determines the scope as well. Their interpretation of government employees regard- and contours of every law. Judicial crucial provisions of the Act has ing service matters. More recen- interpretation lends clarity to not been uniform. The purpose tly, a multi-State sample study its meaning and implication of this paper is to examine conducted by the Research Asse- and provides valuable guidance select judgements of the courts ssment and Analysis Group to duty-holders tasked with which have rendered conflicting (RAAG) has shown that about implementing the law. The interpretation of key provisions 16% of the RTI applications are Right to Information Act of the RTI Act and point to the related to citizens’ grievances (RTI Act) is in its 13th year of urgent need for ironing out the about the manner of functioning 2 implementation. Despite gathe- difficulties they pose. of the government or its agencies. ring a solid reputation for its Faced with one such case, where simplicity, evidenced not only Seeking information about a Public Information Officer by its procedures but also in the (PIO) failed to provide a proper language in which it is drafted, action taken on grievances reply about the action taken on a the RTI Act has lent itself to A common trend that many grievance-related RTI application, litigation in countless cases. The Information Commissioners the High Court of Kerala ruled corpus of decisions issued by have pointed out since the com- that the PIO is duty bound to the Information Commissions at mencement of the RTI Act’s disclose whether any action has the Centre and in the States may implementation is that citizens use been taken on the grievance of run into a few lakhs, although it as a means of seeking redress the citizen, instead of dismissing no attempt has been made to of their grievances. In the initial it as being out of jurisdiction of compile these figures officially. years, an impression was created his Minister.3 On the other hand, Meanwhile, a few hundred of that most of the second appeals the Allahabad High Court ruled

* This is a shorter version of the presentation on a similar subject that the author made at the national seminar on Implementation of the Right to Information, organised by the Central Information Commission on 19 May, 2017 at the Auditorium of SCOPE Complex, in New Delhi. 2 See People’s Monitoring of the RTI Regime in India, 2011-13: Report, accessible on RAAG’s website at: http://nebula.wsimg.co m/93c4b1e26eb3fbd41782c6526475ed79?AccessKeyId=52EBDBA4FE710433B3D8&disposition=0&alloworigin=1, accessed on 27 June, 2017. 3 Mannatil Kumar vs The Central Information Commissioner & Ors., W.P. (C) No. 2261 of 2014, jjt dated 23/10/2014 [Single Bench- SB]. * (Venkatesh Nayak is with the Commonwealth Human Rights Initiative, New Delhi. Views expressed are personal.)

KaleidOSCOPE July, 2017 27 in another case that a citizen cannot use RTI to pressurise a public authority to take action on a plaint or petition under the garb of seeking information.4 As the petition in the latter case related to an ongoing criminal case the High Court ruled that there was no provision in the Code of Criminal Procedure, 1973 (CrPC) to entertain such applications from either the accused or from third parties. With the deepest respect to the wisdom of the Court, in executive but all other authorities bodies as ‘public authorities’: our humble opinion, the right that are amenable to the writ of the RTI applicant to know • Investment by a Government jurisdiction of the Supreme what action was taken on his in a company (50% or lesser Court and the High Courts (by petition cannot be brushed aside equity participation); virtue of Article 226). However, by holding that such petition neither the RTI Act, nor the • Public funds or grants-in-aid was not maintainable under the RTI Rules, nor the occasional provided to private bodies; CrPC. Courtesy demands that executive instructions issued by the applicant be informed about • Public funds provided for the appropriate governments the status of action taken on the constructing buildings or infra- detailing the implementation of petition in accordance with the structure facilities; various provisions of the RTI Act, law when a formal request is • Lease of public land for use at define, what will be treated as made under the RTI Act. That concessional rates of rent; ‘substantial financing’. is the purpose of the RTI Act, as • Permitting use of public spelt out in its preamble, namely, During the initial years of imp- buildings or infrastructure free of to make the Government and its lementation of the RTI Act, charge over long periods; instrumentalities accountable to several non-government orga- • Exemption from the payment the governed nisations such as educational of taxes. trusts and societies, cooperative How is substantial societies and private companies However, in September, 2013, the challenged the findings of Hon’ble Supreme Court of India financing to be Information Commissions hold- changed this jurisprudential trend determined? ing them as ‘public authorities’ by holding that “merely providing Section 2(h)(ii) of the RTI Act under the RTI Act. An analysis subsidies, grants, exemptions, includes ‘non-government orga- of more than 20 judgements of privileges etc. as such cannot be nisations’ that are “substantially the High Courts of Punjab and said to be providing funding to financed” under its purview. Haryana, Delhi, Kerala, Alla- a substantial extent, unless the High Courts have observed habad, Bombay, Jharkhand and record shows that the funding that this provision is broader Karnataka undertaken by this was so substantial to the body than the scope of Article 12 of author, showed that the follo- which practically runs by such the Constitution which include wing criteria were identified as funding and but for such funding, not only the legislature and the being adequate for treating such it would struggle to exist.” 5

4 Subhash Chandra Vishwakarma vs CIC UP State Information Commission, Misc. Bench No. 69 of 2016 [2016 (115) ALR 805] [Division Bench-DB]. 5 Thalappalam Ser. Coop. Bank Ltd. & Ors. vs State of Kerala & Ors., Civil Appeal Nos. 9020, 9029 & 9023 of 2013 [2013 (12) SCALE 527]

28 KaleidOSCOPE JULY, 2017 It must be said that with the is required is for every ministry Courts have ruled on this issue deepest respect to wisdom of the and department to clearly identify in a variety of cases. A gist of Apex Court that it did not examine all non-government organisations some of these pronouncements is the hitherto jurisprudential trend within their jurisdiction that given below to demonstrate the contained in the more than 20 are substantially financed and unevenness of the development judgements issued by various publicise the list in accordance of the RTI jurisprudence in this High Courts on the same subject. with the Office memorandum regard. As a result the jurisprudential issued by the Department of While dismissing a Special Leave trend that had developed to make Personnel and Training in July, Petition for disclosure of service- more and more private bodies 2007 for greater clarity on the related records, the Apex Court performing public services, or issue of coverage of such bodies.7 held in 2011 that income tax functions or enjoying control of returns, immovable property public assets or tax subsidies, statements, show cause notices, transparent to the citizenry, Accessing service-related chargesheet and service records was reversed without adequate records of public sector of an employee are personal reasoning. employees information whose disclosure It is common knowledge that a Two years later, in another case the has no relationship to any large number of serving or ex- Hon’ble Delhi High Court held public activity or interest. They employees of government and that the aided schools receiving ought not to be disclosed unless other public sector entities use 95% of more of their funding from there is a clear overriding public the RTI Act to access service- the Government of the National interest.8 Capital of Delhi would also not related information about them- become public authorities under selves or their colleagues. For However, the High Court of the RTI Act.6 The Court reasoned example, in recent years, the Kerala has been more proactive in that as it had been held in a Ministry of Defence has been requiring transparency of service- 1992 decision of the same Court hauled up before the CIC with related matters even when that such schools did not have the largest number of appeals such information is requested juristic identity, therefore, cannot and complaints regarding non- by third parties. For example, be treated as public authorities disclosure or partial disclosure of in a 2010 case, the High Court under the RTI Act either. In this information. Most of the litigants ruled that annual confidential author’s humble opinion, this are serving or retired employees reports (ACRs) of an employee amounts to disregarding even of the ministry or the defence maintained by a public authority the narrowed down criteria forces. Ordinarily, service- may be disclosed to any other laid down by the Apex Court in related information should be employee under the RTI Act.9 Thalappalam. At this rate it would easily available to the employee However, two years later, the be difficult to bring several non- concerned through regular Hon’ble Delhi High Court took government organisations under channels of communication. note of these views of the Kerala the jurisdiction of the RTI Act as However due to bottlenecks in High Court but ruled in favour of they would cite these conflicting the regular channel, they are maintaining the confidentiality judgements to their benefit. What compelled to use the RTI route. of ACRs vis-à-vis third party

6 The Public Information Officer Govt. of NCT of Delhi vs Saurabh Sharma & Ors., W.P. (C) No. 4675 of 2012, jjt dated 29/09/2015 [SB]. 7 See OM No. 1/12/2007-IR dated 31 July, 2007 on the subject: Preparation of Inventory of Public Authorities under the RTI Act, issued pursuant to the recommendations of the Second Administrative Reforms Commission in 2006 in its 1st report entitled: Right to Information, master Key to Good Governance. 8 Girish Ramchandra Deshpande vs Cen. Information Comr., [(2013} 1SCC 212]. Treating this order as a precedent, several public authorities, Information Commissions and even High Courts have used it as the basis for rejecting access to all kinds of personal information of civil servants submitted as per official requirements. In a scholarly critique, Central Information Commissioner, Prof. M. Sridhar Acharyulu presented at the same national seminar of the CIC where this author made a presentation on the topic of this paper, has shown how such practices are illegal and illegitimate. See the text of his presentation on the CIC’s website at: http://cic. gov.in/sites/default/files/2017/P5-Girishcase%20M%20Sridhar%20Acharyulu%20(1).pptx, accessed on 27 June, 2017. 9 Centre for Earth Science Studies vs Dr. Mrs. Anson Sebastian Scientist EI & Anr. [AIR 2010 Ker 151] [DB]

KaleidOSCOPE July, 2017 29 requestors.10 In this author’s permitted the disclosure of DPC Conclusion humble opinion, although the proceedings and even the minutes There are many more instances Kerala High Court’s judgement of the Appointment Committee where High Courts have ruled has only persuasive value for of the Cabinet under the RTI differently on similar matters. For the Delhi High Court, the former Act. In this latter case the Court matter having been decided by a had taken note of a judgement example, while a Division Bench Division Bench, its findings ought from the pre-RTI era to hold of the Kerala High Court ruled not to have been disregarded that even cabinet confidentiality that Hindu temples would be by a Single Judge Bench. On the provided by Article 74(2) of the squarely covered by the RTI Act, a contrary it ought to have been Constitution would not apply to Single Bench of the Madras High referred to a larger bench of the such service matters. Court ruled that temples cannot Court to make a determination. be treated as public authorities on their side of the border. Different It is overwhelming to say the least High Courts have ruled varyingly that within the same High Court This uneven jurisprudence about the applicability of the different Benches have ruled principle found in the proviso varyingly on similar service- has created confusion for under Section 8(1) of the RTI related matters. For example, Act, namely, “information which in 2007 a Full Bench of the CIC duty-holders tasked with (5 members) ruled in favour of cannot be denied to the Parliament disclosure of the proceedings of implementing the RTI Act, or a State Legislature shall not the Departmental Promotions be denied to any person.” While Committee (DPC). Seven years namely, PIOs, appellate some have ruled that this principle later, the Delhi High Court ruled applies only to the exemption against the automatic disclosure authorities and Information provided for personal information of DPC proceedings in a case Commissions, alike. It is under Section 8(1)(j) of the RTI Act, involving an employee of THDC other have ruled that it applies to India Ltd. The instant case was impo-rtant that all stake- all ten exemption clauses listed remanded back to the CIC for therein. Benches of varying reconsideration, requiring the holders come together to strength of the Delhi and Bombay CIC to treat the RTI applicant as High Courts have given conflicting a third party. The CIC’s earlier find ways of harmonising views on this very issue. decision favouring disclosure was not even examined by the Court. these conflicting judicial This uneven jurisprudence has created confusion for duty-holders However, three months later, pronouncements so that tasked with implementing the another Single Bench of the a category of information RTI Act, namely, PIOs, appellate Delhi High Court refused to even authorities and Information remand back to the CIC another Commissions, alike. It is impo- case where an employee sought that is available in one ju- rtant that all stakeholders access to DPC proceedings, risdiction is not denied to a come together to find ways of treating the earlier case as a harmonising these conflicting precedent for non-disclosure. citizen in another. RTI being Interestingly, the same public judicial pronouncements so that authority, namely, THDC India a fundamental right must a category of information that Ltd., was challenging the order is available in one jurisdiction is of disclosure in this case as well. be enjoyed by all citizens in not denied to a citizen in another. This judgement did not even RTI being a fundamental right acknowledge an earlier case equal measure. must be enjoyed by all citizens in where the same High Court had equal measure.

10 R K Jain vs Union of India & Anr., [2012 (279) ELT 16 (Del.)] {SB]

30 KaleidOSCOPE JULY, 2017 Right To Information - A Tool For Good Governance D. Singh A. K. Pal CMD, IREL GM (HR & OD) & CPIO, IREL

ur Hon’ble Prime Minister Narendra Modi Oji has time and again emphasized the need of ‘Good Governance’ for the development of the country. In pursuit of good governance, for which transparency, accountability, communication, efficacy etc. are some of the essential pre- requisites, the right to information to people is the key to establish a development oriented and vibrant nation led by ‘Good Governance’. The Supreme Court of India, in various judgements prior authority including Government answerable for their actions, to enactment of the Right to organisations and its constituent/ places the internal rules/ Information (RTI) Act, 2005 allied bodies. With the enactment regulations and decisions in had interpreted RTI as the of the RTI Act in 2005, this law has public domain, ensures that stated fundamental right as embodied in emerged as a strong weapon in objectives of the public authority “Right to Freedom of Speech and the hands of citizens for ensuring are attained, bridges the gulf Expression” and “Right to Life” transparency and accountability between public authorities and as enshrined in Article 19 and 21 in government departments/ the citizen and inculcate a sense respectively of Constitution of organizations and acknowledged of ownership and participation India. as one of the most empowering amongst people. and progressive legislation, post Each of us know the success stories In the aforesaid context, the independent India. preamble of the RTI Act, 2005 of RTI in all levels of society, such rightly summarizes the objective The RTI Act was enacted and as village, block, district, town or of the Act inter alia as to provide made effective in 2005 and since cities, it has benefited the people for setting out the practical regime then this law has proved to be a in getting public authorities of right to information for citizens strong weapon in the hands of taking prompt action in to secure access to information people for ensuring transparency activities which affect their day- under the control of public in government departments to-day life, whether it is about authorities, in order to promote and containing corruption. The getting a ration card, licenses, transparency and accountability right to information makes benefits out of government in the working of public public government authorities schemes etc. Almost after 12

KaleidOSCOPE July, 2017 31 years of implementation of the RTI Act, it has faced and thrown a lot of challenges. Still, it is felt that the RTI Act is not effective due to low level of awareness among people especially at rural areas, lack of sincere efforts for capacity building of Public Information Officers (PIOs) and disposal of long pending appeals, perception that RTI applicants are troublemakers leading to threatening, physical attacking them, and at times leading to death of RTI activists. Though the stated objectives of the RTI Act are achieved by However, certain persons/ orga- of Public Sector Enterprises. bringing in transparency and nizations aligned with vested Everyone is aware that these accountability, at times the RTI interested and not related to commercially run Public Sector Act has been misused by a few any public interest are causing Enterprises are operating in a for their personal gain rather than harassment to public authorities fiercely competitive atmosphere serving public interest. And in and compete against the private those cases, it has become a huge sector enterprises which are burden on public authorities to not obliged to provide any dedicate a lot of time and energy Each of us know the suc- information. At times, these to dispose of mischievous and vested interests cause grave protracted RTI applications. cess stories of RTI in all injury to the commercial interest levels of society, such as of these Public Sector Enterprises Notwithstanding the above, and inhibits the leadership to needless to mention that, over the village, block, district, take bold and risky decisions and years Public Sector Enterprises, town or cities, it has ben- generally slows down the process which are running on commercial of decision making. Similarly, lines, are in the forefront of efited the people in getting third party information is another rightful implementation of va- important aspect under Section rious provisions of RTI Act by public authorities taking 11 of RTI Act which needs to furnishing adequate voluntary prompt action in activities be looked into. The interest of disclosures by various means the third party has also to be (Section 4 of RTI Act), desired which affect their day-to- considered while disposing information under the law (Section day life, whether it is about of an RTI application in many 3 of RTI Act) in an efficient manner occasions. The disclosure of reflecting the transparency and getting a ration card, licens- information should not violate accountable manner of running of the right to privacy of any person. Public Sector Enterprises without es, benefits out of govern- sacrificing their commercial ment schemes etc. Almost Like any legislation, RTI Act, interest. Over the years, these in due course of time, will also Public Sector Enterprises have after 12 years of implemen- evolve as a more comprehensive put in adequate infrastructure legislation fulfilling its stated tation of the RTI Act, it has within their organisation for objective eliminating the smooth implementation of RTI faced and thrown a lot of deficiencies and improving Act and putting in a lot of effort in its efficacy and emerging as a capacity building of their Public challenges. more empowering tool for all Authorities. stakeholders.

32 KaleidOSCOPE JULY, 2017 Transparency and Right to Information Act Its Implementation, good practices adopted by and issues of concern of PSEs

M. Nagaraj CMD, PEC

he introduction of the the gap between the information He had further said that there was Right to Information Act provider and the information little doubt that this Act would be T2005 was a landmark in seeker, enhance efficiency one of the most empowering and Indian Democracy. It brought in administration of public progressive legislations passed in about a paradigm shift in the authorities, mitigate corruption post Independence India. This Act very functioning of the country. and promote good governance. provided for better governance, India, the world’s largest and impact on the very nature of democracy is now a truly governance itself. participative, open, transparent In a democracy, the people elect The Vice President of and accountable democracy. The the government. The government Right to Information Act of 2005 India had said that the appoints public servants to serve opened the hallowed portals of the people. There is a lot of information and knowledge, till legislative intent was to power and authority vested with then, accessible to only the select the government and the public few in administration and brought empower the citizen to servants, the purpose of which it forward to the discerning promote transparency is to enable them to function and public at large. Such a handy, to fulfil their responsibilities in effective, efficient, inexpensive and accountability in the the better interest of the nation. and readily available tool for In order to keep a check on the empowerment had rarely been working of every Public possible misuse of power and to available to the masses before. It ensure that they fulfil their duty, Authority, reduce the enabled the ordinary citizen to the subject act has proven to be ask for public information and get gap between the infor- extremely useful. it, in a time bound manner. The RTI, as it popularly came to prestigious Ramon Magsaysay mation provider and be known, is being used for Award Foundation recognized eradicating corruption and and awarded India’s efforts the information seeker, promoting social justice to all. internationally for this powerful It was the first time that citizens grassroots initiative towards enhance efficiency in had not just the right but an transparency. administration of pub- accessible and reliable medium to know how their money was being The Vice President of India had lic authorities, mitigate said that the legislative intent spent, how and why decisions was to empower the citizen corruption and promote were being made in the corridors to promote transparency and of power, and thus to recognize accountability in the working of good governance. discrepancies, if any, in promised every Public Authority, reduce and actual action. Free flow of

KaleidOSCOPE July, 2017 33 information is essential for the health of democratic society. Honest officers feel strengthened as decisions are now open to civil society and media scrutiny, which acts as a deterrent to any extraneous pressures.

Under the Act, each government office has to mandatorily have an Appellate Authority, a Chief Public Information Officer and a Nodal Officer whose responsibility it is to provide information to the applicant. Keeping in mind the sheer volume of applications and abuse/ misuse by the applicants, having the support of available some of whom repeatedly ask for human resources, bigger In a democracy, the the same information in different organizations have been able people elect the govern- to establish full-fledged RTI forms, perhaps, as a pressure Cells with officers devoted to ment. The government tactic. Some ask for information only handling RTI queries. The dating back to several decades, imperative has always been to appoints public servants others ask for third party details of employees that can prove to promptly provide information to serve the people. as asked, in a transparent and be a deterrent to privacy and fair manner, within the deadline. There is a lot of power security. Yet some ask for data that is not under the purview of Employees are trained and and authority vested timely appraised with the latest the Act, such as trade secrets, etc. developments. Every officer with the government Many a time, the information has knows the importance of RTI to be manually sourced from very and the public servants, and prioritizes it. It hasn’t been old files as, at present, most of entirely smooth sailing, though. the purpose of which is the public sector is in the process Some RTI activists have been of digitisation and of utilizing targeted, threatened and killed. to enable them to func- software for everything. At others times, competitors try to know Various reports have detailed tion and to fulfil their how some of them who asked strategic and future plans in a bid for crucial information that responsibilities in the to drive ahead. threatened to expose alleged better interest of the corruption were eliminated. It is For small organizations where thus of singular importance that nation. In order to keep there is often a resource challenge, the law and its implementation as with fewer employees, the towards protection of whistle a check on the possible scope of responsibilities is wide, blowers needs to be strengthened misuse of power and to the employee has to prioritize the to allow right minded citizens RTI applications before routine to come forward and reclaim ensure that they fulfil work. That naturally leads to accumulation of work and their rights. The media, political their duty, the subject parties, citizens’ groups and the increased pressure. It is also seen government all need to make a act has proven to be that many a time, one’s honest collective effort towards this goal. intention and efforts seems to be extremely useful. questioned. Naturally, officers Sometimes, it seems that there is an are discouraged and become

34 KaleidOSCOPE JULY, 2017 processing and communication of information.

Greater public awareness of the Act, including its broad outline and intricacies needs to be made. The people need to know what all they can know! More effort in this aspect, amongst the marginalised communities, including women, tribal communities and the under privileged sections of our society needs to be made. Towards this objective, radio, television, theatre, movies, advertisements, nukkad nataks, newspapers, word of mouth and social media need to be deployed circumspect about taking quick focus groups, training the trainer, towards focussed awareness and decisions. The focus shifts from etc. for all employees would be participation of the different results and outcomes to processes tremendously beneficial and public demographics. Protection and tasks. As such, the process is help in effective implementation of the information seekers is stretched out, leading to a loss on of the Act. In all its method and paramount. the competitive field in terms of compliance, the execution of The Right to Information Act (RTI) both time and money, especially this Act on a daily, routine basis has proved to be a revolutionary as the private and international by the First Appellate, Chief force, a true champion of the players are not impeded by Public Information Officers, spirit of the Constitution, a such lacunae. Commercial and Nodal Officers, and all the other custodian of values and a torch business opportunities are thus, employees whose duty it is to towards freedom, knowledge jeopardised, creating a massive provide information, is a huge and independence. “The right to hurdle in the path of growth. responsibility. It is unfortunate know is the right to live,” said There is also a dichotomy between that there are penalties for non- Aruna Roy, the internationally the need for transparency and compliance but no incentives acclaimed social scientist. To accountability on the one hand for taking on the mammoth quote the Supreme Court, “The and protecting honest civil task. This has a demoralising concept of an open government servants from undue harassment and demotivating effect on the is the direct emanation from the on the other. foot soldiers of the government right to know which seems to be machinery. There is often a lack of or low implicit in the right of free speech availability of supporting and expression guaranteed under organisational infrastructure The resolution of these issues Article 19(1) (a)… Right to know such as computers, scanners, is bound to spur positivity and is a basic right which citizens of a photocopiers, etc. As the majority spearhead productivity and free country aspire in the broader of the workforce in the public employee engagement in the horizon of the right to live in this sector is retiring, knowledge public sector. The embracing age in our land under Article 21 repositories need to be revisited, of technology, particularly of the Constitution.” It is hoped updated and maintained. E-Governance will, further, that it is continued thus, whilst Further, new employees need provide the desired impetus to guarding the honest, without to be trained. In fact, continual transparency through instant, diluting its essential essence of training including refresher systematic, online, easy and transparency, responsibility and training, specialist training, core readily available data collation, accountability.

KaleidOSCOPE July, 2017 35 RTI Act 2005 - Implementation in HPCL

M. K. Surana CMD, HPCL

ight to Information (RTI) Act - 2005 was enacted by Government of India Rth on 15 June, 2005 and came into force on 12th October 2005. RTI Act is inter-alia designed to promote transparency and accountability in the functioning of Public Authorities. HPCL was among the first Oil PSU to develop the online RTI- MIS module during the year 2008 itself, with robust workflow mechanism for compliance with the requirements of the RTI Act. The salient features of HPCL’s RTI MIS system are listed below: in the system. Updates done From 1st October 2016, HPCL whenever required. switched over from above men- • System with an in-built mec- • The system has inbuilt email tioned RTI-MIS system to Govt of hanism for centralized moni- India’s RTI online system for RTI toring and clearances. alert mechanism which helps the concerned CPIO/AA to respond receipt and handling. • System which allows to and to the communication concerning The Suo Moto disclosures, in line fro communication between RTI application in a time bound with the requirements of Section 4 RTI Cell and CPIOs/ Appellate manner. of the RTI Act 2005, are displayed Authorities. • In addition, RTI cell also on HPCL’s website which are • RTI Cell ensures consistency provides inputs to CPIOs/AAs regularly updated from time to and correctness of replies amongst with regard to relevant CIC time. its various CPIOs. Administration decisions and High Court / HPCL has had a successful of the portal is completely Supreme Court judgments etc. journey of RTI since the inception integrated with HPCL’s central pertaining to the queries. Being of the Act. Every year, HPCL employee database. a commercial organization, conducts a number of RTI • Over 200 officials as Central it is necessary to ensure that workshops, training sessions, Public Information Officers any commercial or sensitive awareness campaigns through (CPIOs) and over 33 Officials as information is not inadvertently digital and print media for its Appellate Authorities are mapped released by CPIOs. employees. Ready reckoners on

36 KaleidOSCOPE JULY, 2017 important CIC decisions, and educative mailers, Handbook on RTI handling etc. to create awareness about this important arm of government machinery across all officers handling RTI and also for the benefit of general employees. Also posters on RTI Act have been displayed at various administrative offices of HPCL. HPCL has developed online central database for important CIC Decisions/ Supre- me Court judgments, Guidelines and Standard formats to equip CPIO’s to respond to RTI Applications in line with the pertaining to employees, both are made available to them in provisions of the Act. personal and relevant official data their portals. In addition, digital Annually, approx. 3500 RTI versions of Corporation’s Annual Applications and approx. 350 Report, Sustainability Report, First Appeals are handled by HPCL has had a successful jour- CSR activities, Shareholding and HPCL. Dividend information etc. are neyof RTI since the inception made available on the website. HPCL has provided information manual on its Corporate Website of the Act. Every year, HPCL Requirements regarding RTI http://www.hindustanpetroleum. conducts a number of RTI Nodal officer and the reporting com/rtiinfo_manual in line about RTI in the Annual reports Section 4(1) of the RTI Act, 2005. workshops, training sessions, have been complied with. Furthermore, as per guidelines awareness campaigns through HPCL conducts regular sensi- issued by DoPT, HPCL has tization workshops and trainings proactively provided information digital and print media for its at regular intervals exclusively related to procurement, inclu- employees. Ready reckoners for CPIOs and Appellate Auth- ding award of tenders by orities, which is an ongoing providing linkage to the Central on important CIC decisions, exercise. Besides this, the RTI Cell Procurement Portal, HPCL’s Tran- in HPCL conducts interactive and educative mailers, Hand- sfer Policy, Citizens’ Charter, sessions at various locations, CAG paras etc. book on RTI handling etc. to pan India to familiarize all the employees [both management HPCL’s corporate website is a create awareness about this and non-management] to explain medium for proactive sharing of the nuances of this Act. information with the citizens and important arm of government public at large. All Information machinery across all officers The HPCL RTI portal carries brochures, guides, and forms various important circulars regarding recruitment, dealer handling RTI and also for the and directives issued by DoPT selection etc. have been provided besides major judgments and on the website in line with the benefit of general employees. decisions passed by the CIC, guidelines. HPCL has developed Also posters on RTI Act have High Court and Supreme Court various citizen centric modules for the reference of CPIOs/AAAs. which auto-generate information been displayed at various ad- The CPIOs/FAAs are kept abreast such as refill delivery and with the latest developments in consumption data, SKO dispatch ministrative offices of HPCL. this regime through informative from terminals etc. Information and educative e-mailers.

KaleidOSCOPE July, 2017 37 RTI Act - Perspective of REIL

A K Jain MD, REIL

ajasthan Electronics & documents, works and records; Instruments Limited, The information under RTI has take certified samples of materials Jaipur is a Mini Ratna of work; and obtain information R to be supplied as per the fee Public Sector Enterprises, under in the form of printouts, diskettes, the administrative control of prescribed under RTI Fee Rules floppies, tapes, video cassettes or Ministry of Heavy Industries in any other electronic mode. & Public Sector Enterprise, except for Below Poverty Level The information under RTI has Government of India. The REIL Card (BPL Card) holders. Hence, to be supplied as per the fee has implemented the provision prescribed under RTI Fee Rules of RTI Act 2005 within a period the reply of the PIO is necessar- except for Below Poverty Level of 120 days, from the date of the ily limited to either providing or Card (BPL Card) holders. Hence, implementation of RTI Act 2005 the reply of the PIO is necessarily on 12th October 2005. denying the request (in whole limited to either providing or Under the provisions of the Act, or part). The time between the denying the request (in whole or any citizen of India may request part). The time between the reply information from a ‘public reply of the PIO and the time of the PIO and the time taken authority’ (a body of Government taken to deposit the further to deposit the further fees for or ‘instrumentality of State’) information is excluded from the as per section 2(h) of the act, fees for information is excluded time 30 days. If information is not which is required to be furnished from the time 30 days. If infor- provided within the time limit, expeditiously or within thirty it is treated as deemed refusal. days. The Act also requires every mation is not provided within Refusal with or without reasons public authority to proactively the time limit, it is treated as may be ground for appeal or disclose the information and complaint to 1st Appellate computerise their records deemed refusal. Refusal with or Authority. Further, information for wide dissemination by if not provided with in the times without reasons may be ground publishing certain categories of prescribed is to be given free of information so that the citizens for appeal or complaint to 1st charge. need minimum recourse to Considering that, providing request for information formally Appellate Authority. Further, each and every information under RTI. information if not provided with asked for under the Act may The RTI Act specifies that citizens in the times prescribed is to be severely jeopardise national have a right to: request any interest, some exemptions as information (as defined); take given free of charge. per section 8 are provided for in copies of documents; inspect the Act. Information which has

38 KaleidOSCOPE JULY, 2017 service matter such as vacancy, recruitments, promotion policies, & reservation etc., Business related information such as copies of agreements, contract awarded, details of orders received, copies of invoice, ordered value etc., Personal information such as salary details, travel details etc., Information related to ex- penditure incurred on print media like display of advertisement in magazines etc.

Transparency been expressly forbidden to be • Information’s which are published by any court of law related to commercial/ trade The REIL has disclosed suo- or tribunal or the disclosure of secrets like, disclosure of motto most of the information(s) which may constitute contempt information of a business which are available on records of court; information, the competitor pertaining to the and related to the general public, disclosure of which would cause a pricing of a product etc. on Company’s website. Any breach of privilege of Parliament such information which is on • Information being asked by a or the State Legislature; Company’s website, are being citizen for the purpose of meeting information including comm- provided to the applicant, if it is personal requirement to complete ercial confidence, trade secrets in the interest of mass as a whole, thesis/project work etc. or intellectual property, the on receipt of application under disclosure of which would harm RTI , and falls in the category the competitive position of a third Difficulties in of information, which are not party may be denied. implementation of RTI Act covered in the exemptions under the provision of RTI. REIL though implementing • At times, REIL receives in right spirit, however faces applications under RTI, from the challenges’ in implementing the concerned Ministries to provide Capacity building/structure provisions of RTI Act, as given information to the applicant(s), of the department within below: whether REIL posses that the Company information or not, which result • Information’s which are in loss of administrative time. The Company has a designated not general in nature and not PIO, APIA, AAPIO and Appellate meant for the citizens of India • At times, REIL receives Authority, for the execution like Intellectual Property such applications under RTI, from of RTI Act. These officials are the applicant(s), which are not as, information related to the discharging their duties in available in compiled form at our manufacturing line of Company’s addition to their core tasks and end. product. responsibilities assigned to • There are cases, in which them. Looking to the volume of the information is related Type of information(s) RTI applications being received to employees, like company generally sought by under RTI Act, and the size of rules pertaining to the CDA the Company, information is Rules, Promotion policies & applicants being provided to the applicant guidelines, Transfer policies and Information seekers frequently within the given time frame guidelines etc. sought information in respect of under RTI Act.

KaleidOSCOPE July, 2017 39 GAIL has Robust Mechanism for Dealing with RTI matters

Dr. Subir Bikas Mitra ED (Law & HR), GAIL

he guiding principle behind Right to Information (RTI) Act is that; giving information is the rule and not giving information is an exception. Meaningful substantive democracy ought to be founded Ton the notion of an informed public adequately equipped to participate thoughtfully and actively in the governance of the country. If transparency and accountability are the imperatives for sustaining democratic governance, access to information is a vital instrument of societal transformation and the Right to Information Act, 2005 helps in achieving the same. Besides ensuring greater transparency, it also acts as a deterrent against the arbitrary exercise of public powers. Right to Information Act is a potent tool in the hands of citizens to ensure accountability and transparency in the functioning of public authorities.

Implementation process sites/ locations/ work centres ACPIO/ AAs are web-hosted on of Rti Act, 2005 in Gail all over the company and 08 GAIL’s website. (India) Ltd. Executive Director level officers • GAIL has achieved 100% (Vertical Heads) as Appellate disposal rate in respect of RTI • GAIL has a robust mechanism Authorities. for dealing with RTI matters and applications (online & offline). a separate RTI Cell working at • RTI guidelines depicting • The provisions of RTI Act, Corporate level along with 40 structure, mandate & funct- 2005 are being complied through ACPIOs nominated at different ioning of the nominated CPIO/ Corporate RTI Cell in GAIL. CPIO

40 KaleidOSCOPE JULY, 2017 • Employee level-wise analysis of applications received from employees/ex-employees. • Analysis of the seasonality of the applications.

GAIL, as a progressive organi- zation, has been continuously improvising its HR policies and systems in order to align them with the changing times and making them more employees friendly. An employee survey is a vital factor in revisiting the policies. The employee enga- gement survey apart from indi- cating engagement levels of the employees also revealed the key drivers having a significant is assisted by 01 Chief Manager & As per the DoPT directives, Nodal positive and negative impact 01 Dy. Manager & reports to ED Officer has also been nominated on the engagement level of the (Law& HR). The RTI Cell and its for the Online Portal. employees. One of such survey working mechanism is audited • An Internal employee sur- conducted in GAIL (India) Ltd. rd through 3 party Auditors on vey was also conducted on depicted the overall Engagement yearly basis. recommendations of Corporate Score of 71%. The survey brought Ethics Committee so as to analyze out several positive aspects such Proactive disclosure by and understand the filing of RTI as ‘Co-workers’ (Engagement Gail (India) Ltd. - Practices Applications by GAIL Employees. level of 77%), ‘Benefits’ (Engage- ment level of 74%) and ‘Work adopted The basic tenets of Right to Tasks’ (Engagement level of 73%). • GAIL ensures proactive disc- Information is upholding of truth losure by way of web-hosting and ethical governance which At the same time, few areas such information regarding RTI in turn entails that the decisions as ‘Performance Assessment’ queries/appeals which allows taken by Management should be (Engagement level of 45%), the general public at large, guided by justice, equity and fair ‘Recognition’ (Engagement level besides the Applicant to also play. of 51%) and ‘People/HR Practices’ view the information available in (Engagement level of 59%) came public domain of GAIL. This not In order to provide transparency up as improvement areas. only avoids filing of repetitive and accountability in the working On the basis of the outcome of Applications on similar issues of the organization, GAIL’s Ethics Engagement Survey, Corporate but also reduces the number of Committee stressed the need for HRD Department initiated proc- RTI Applications considerably. review of system and advised to ess of reviewing the existing undertake the following:- • RTI has played a pivotal role Performance Management Sys- in systemic improvement in the • Age analysis of the employees tem for Executives in order functioning of the organization as RTI applicants to make it more objective and especially on the basis of transparent and to assess the recommendations of 3rd Party • Categorization/ classification performance of an individual in Auditors. of applications e.g. employee terms of parameters which are grievances, commercial, con- • Since 13th July, 2016, GAIL has critical for performing that role tractual and other issues. been made LIVE on the DoPT, effectively. Further, in order to Govt. of India Rti Online Portal. • Nature of repeat applications. foster a culture of appreciation, a

KaleidOSCOPE July, 2017 41 comprehensive Rewards Scheme “RTI Act is a means to advance considerably helped in reducing consisting of 2-3 new awards public interest; not to be used as a the number of RTI Applications for employees in addition to the tool to harass the public authority filed by GAIL employees. existing ones such as Women’s by a workless or disgruntled Award was also formulated. employee-serving/retired. It is to be noted that in the year 2017, for the first time, no RTI There is an Employee Grievance It reflects criminal wastage of Application has been received Redressal Committee in GAIL time and, if unchecked, will chock pertaining to Annual Appraisal, which specifically looks into the functioning of the public Annual Placement Exercise employees grievances. Thus, authority. If this is allowed, the and Departmental Promotions GAIL as an organization, ensures public authority cannot focus primarily on account of effective effective redressal of employees on their regular duties and their disclosures by GAIL. This clearly issues and concerns through the whole time will be devoted to upholds transparency in the said Committee. The idea is to such frivolous/ vexatious/ useless/ process of annual exercise being ensure that maximum number repeated/ multiple/ obnoxious undertaken by GAIL in relation of employee related issues are RTI questions. This is misuse to performance rating, transfer addressed through the Redressal and it has to be prevented”. and promotions in GAIL. Committee and Employees do not Thus, GAIL has tried to provide resort to RTI. CIC has clarified the a mechanism for resolution of The above cases clearly prove said issue in its several decisions. Internal grievances of employees that the RTI Cell as a core However, in the case of H. K. by ensuring greater transparency group is extremely effective in Bansal v. DoT, New Delhi (CIC/ in sharing of ACR Records handling RTI Queries and have BS/A/2014/002319¬SA), it was and other Performance related been effectively disposing RTI categorically held that:- Data. Over the years this has Application on a daily basis.

Case study pertaining to judicious disposal of Rti applications in Gail. First appellate authority’s decision challenged by, Cpio, Gail

Case-1 In this case, the Applicant had sought “previous year papers of last 05 years along with answer keys for instrumentation/control & instrumentation, electronics and allied branches for the post of Trainee Engineers/Graduate Engineers etc. along with other related information”. Reply was furnished to the applicant by the CPIO well in time except for the query pertaining to last 05 year papers along with answer sheets as the information sought was exempted under Section 8(1)(d) “information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information”; However, 1st Appellate Authority/ED(Law) while disposing off the appeal preferred by the applicant directed CPIO to furnish information on the query. As the information was connected to secrecy of GAIL Norms/Regulations, CPIO was of the considered view that such information is only for commercial interest of the RTI applicant and has nothing to do with public interest at large. Accordingly, CPIO preferred an appeal to 2nd Appellate Authority i.e. CIC for not providing this information as sought for. After listening to both CPIOst &1 Appellate Authority and relying on the Judgement of Delhi High Court, CIC in his order dated 28.12.2012 gave verdict to withhold the information sought by the applicant as the same fell within the purview of exempted information & thus the order dated 09.07.2012 of 1st Appellate Authority was set aside. CIC while dealing with the said Case had also remarked that it is rather an interesting case.

42 KaleidOSCOPE JULY, 2017 Case-2 In Case No. CIC/LS/A/2012/002127/SH & CIC/LS/A/2012/002456/SH, CIC Decision dated: 24th Dec., 2012 pertaining to a Serial Applicant. CPIO, GAIL challenged the Award passed by First Appellate Authority. The FAA had passed the order that Appellant may inspect the concerned documents in HRD Department& further directed the CPIO to forward the information/inputs to Appellant within 15 days from receipt of information from the concerned process owners. CPIO had challenged the decision of FAA before Hon’ble CIC on 31.08.2012. CIC in its decision referred to the observations of Hon’ble Supreme Court in the case of CBSE Vs. Aditya Bandopadhyay in which it was held that “the information seekers should not create a situation whereby 75% of the time of the 75% public servants is spent only in responding to the RTI applications to the detriment of their routine duties.” CIC also stated that “The Act should not be allowed to be misused or abused to become a tool to obstruct the national development and integration, or to destroy the peace tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty……………..” CIC advised the Appellant to keep the same in view while exercising his right under RTI Act& disposed of the appeal accordingly.

Issue of concern - Penalty After going through the During the course of disposal imposed by Cic provisions of the RTI Act, it of RTI Queries, in the true is apparently clear that First spirit of the RTI Act, sometimes RTI Cell in GAIL operates strictly Appellate Authorities (FAA) information is not disclosed by in line with the provisions of the enjoy immunity with regards to CPIO’s in good faith to protect RTI Act. However, one issue that penal provisions of the Statute on larger interest of the Organization. has always remained a major account of being considered as (i.e On the understanding that the one is the issue with regard to quasi-judicial bodies. However, information desired falls under imposition of penalty on CPIO’s such immunity is not available to exempted information, disclosure by CIC/ Courts. CPIOs. of which is exempted u/s 8 of the Act). The said decision is also generally upheld by the First Appellate Authorities (FAA).

However, on account of the immunity enjoyed by (FAA), penalty is usually imposed on CPIO’s for non-disclosure of information by CIC/Courts, which is a very crucial situation from the point of view of CPIO’s.

Thus, despite the decision pertaining to non-disclosure being taken by CPIO and duly upheld by the FAA, imposition of penalty only on CPIO does not seem fair and reasonable.

KaleidOSCOPE July,July, 2017 43 It is therefore my considered against any person for anything acting in good faith in the interest opinion to evolve an internal which is in good faith done or of the Organization. mechanism in each PSU for intended to be done under this Disclaimer: The above submis- hedging of penalties imposed on Act or any rule made thereunder.” sions is to be considered merely CPIO at least with respect to cases The above issue has been as individual’s views based on where the decision taken in good deliberated with the office of CIC personal experiences and should faith is duly upheld by FAA so as on several occasions and it was not be construed for holding to ensure that some provisioning pointed out by them very rightly information by CPIO. Further, the could be done to bear such that such provisionswould only inputs and comments are specific penalties by the Organization. prove detrimental and would act to the particular case and cannot In view of above, Section 21 of the as a deterrent.Thus the said issue be generalized. All the above RTI Act needs to be looked into needs to be duly deliberated inputs hold good for particular which says:- upon in order to ensure case till the time a contrary view effective attainment of objectives is taken by CIC or by the Court “Protection of action taken in enshrined under the RTI Act in of Law. good faith.—No suit, prosecution its true letter and spirit, while or other legal proceeding shall lie protecting the interest of CPIO’s

44 KaleidOSCOPE JULY, 2017 RTI in Letter & Spirit at NTPC

S. P. Singh ED, & AA, NTPC

he Right To Information RTI in NTPC Hon’ble Prime Minister on the Act became effective on occasion of Seventh Annual Con- NTPC has taken a number of 12.10.2005 throughout our vocation of CIC on October 12, T initiatives for smooth implement- country except in the state of 2012 in New Delhi which are so ation of the Act such as appointing J&K. The act empowers citizen relevant even now: APIOs at all its power stations / of India to access the information head offices apart from the CPIO • The citizens’ right to know available with any “Public Aut- located in the head quarter at should definitely be circumscri- hority”, with an aim to bring New Delhi. In all, there are over bed if it encroaches on an transparency and accountability 40 APIOs in NTPC. individual’s privacy. in the working and containing, corruption. As per Section 2(h) of NTPC being India’s largest power • There is a fine balance requi- the Act, all the CPSE’s are ‘Public producer and with its presence red to be maintained between the Authorities’ and hence obliged to across the country, is receiving right to information and the right provide information sought by a lot of RTI applications. The to privacy, which stems out of the public under this Act. number has increased exponenti- the fundamental right to life and ally over the years and the liberty. Right to Information Act, 2005 cumulative figure has gone • There are concerns about fri- has been a significant legislation over 10500. An analysis of these volous and vexatious use of the of Government of India, in order applications show that over 30% Act in demanding information, to give the citizens an access applications relate to Human disclosure of which cannot possi- to information under control Resource (HR) related issues. bly serve any public purpose. of “public authority”. It is the The percentage of first appeals • Such queries besides serving duty of all Public Authorities to and second appeals in case of little productive purpose are also comply with all the provisions of NTPC is approximately 25% a drain on the resources of public the RTI Act. and 6% respectively which itself authorities, diverting precious reflects that the satisfaction level manhours that could be put to Why This Act of appellants is sufficiently high better use. at the first level itself. Under the shelter of confiden- • Sometimes information co- tiality or the Official Secrets Act vering a long time-span or a 1923, all the information held Present Scenario large number of cases is sought with Public Authorities, was The Act has been in existence for in an omnibus manner with being denied, inspite of the fact over 11 years now. It emerges the objective of discovering an that The Freedom of Information from the past experience that inconsistency or mistake, which Act 2002 was also in existence. this Act is being misutilized for can be criticized. Therefore, with the enactment of vested interests/ which have no • There is also a need to change the Act in the year 2005 we have larger public interest. It will be perceptions about the right to entered an era of transparency in appropriate here to produce information, noting that it should the system of official working. extracts from the speech of the not be viewed as an irritant “but

KaleidOSCOPE July, 2017 45 something that is good for us preferred by the appellant collectively”. impurging the order. The extracts from the decision Important Decisions of the Hon’ble Delhi High Court There have been two landmark dated 23rd March, 2012 are repro- decisions relating to RTI. The first duced below: one by Hon’ble Delhi High Court • Confidentiality or secrecy ant the other one by Hon’ble is the essence of sealed bids. Supreme Court. The brief of these The same helps the contract decisions is reproduced below awarding party to have the most for better understanding and competitive and best rates / offer. implementation of RTI Act 2005 by Public Authorities (PAs). • We may at this stage notice that the Freedom of Information Act prevalent in United States of Hon’ble High Court of Delhi, America as well as the Freedom LPA No. 900/2010 Dated 23rd under Section 11 of the Act. March, 2012 in the case of Bharat of Information Act, 2000 in force Sanchar Nigam Ltd. (Appellant) in United Kingdom, both carve Hon’ble Supreme Court of India, versus Shri Chander Sekhar out an exception qua trade secrets New Delhi October 3, 2012 and commercial or financial – Respondent Civil Appellate Jurisdiction information obtained from a person and which is privileged or Background Special Leave Petition (Civil) No. confidential. It has been held that 27734 of 2012 (@ CC 14781/2012) The appellant had floated a unless persons having necessary tender titled ‘GSM Phase-VI’ for information are assured that it Girish Ramchandra Deshpande .. the installation of 93 million GSM will remain confidential, they may Petitioner lines, in four parts. M/s KEC decline to cooperate with officials Versus International Ltd. was one of the and the ability of government to bidders in the said tender. The make intelligent well-informed Central Information Commission respondent, claiming to by one of decisions will be impaired. Yet & Others .. Respondents the shareholders of the said KEC another test of whether the International Ltd., on 02.07.2009 information submitted with the Background applied under the provisions of bids is confidential or not is of The petitioner herein had submi- the Right to Information Act, 2005 whether such information is tted an application on 27.8.2008 seeking information regarding generally available for public before the Regional Provident complete report of Evaluation perusal and of whether such Fund Commissioner (Ministry of Tender on the Financial Bids information is customarily made of Labour, Government of India) received from various bidders. available to the public by the calling for various details relating business submitter. If it is not so to third respondent, who was customarily made available, it is Decisions employed as an Enforcement treated as confidential. The CPIO of the appellant Auth- Officer in Sub-Regional Office, ority vide letter dated 30.07.2009 • The appeal is therefore Akola, now working in the State declined the information under partly allowed. The matter is of Madhya Pradesh. As many as section 8(1)(d) of the Act. The remanded back to the CIC. If the 15 queries were made to which first Appellate authority vide respondent is still desirous of the Regional Provident Fund order dated 08.09.2009 confirmed the information sought, the CIC Commissioner, Nagpur, the CP- the order of the CPIO. The CIC in shall issue notice to the parties IO concerned had denied part of its order dated 10.11.2009 issued whose bids are evaluated in the information sought u/s 8(1) directions for disclosing the the evaluation process and decide (j) since it related to Income Tax information. The learned Single the request of the respondent Returns and Property Returns of Judge dismissed the writ petition after following the procedure third party.

46 KaleidOSCOPE JULY, 2017 • The details disclosed by a years including the information person in his income tax returns relating to expenses on private are “personal information” treatment in India or abroad. which stand exempted from disclosure under clause (j) Decisions of Section 8(1) of the RTI Act, The CPIO, to whom the said unless involves a larger public application was transferred under interest and the Central Public Section 6(3) of the Act rejected the Information Officer or the State same by order dated 02.02.2011 on Public Information Officer or the the ground that it is an exempted Appellate Authority is satisfied information under Section 8(1)(j) that the larger public interest of the Act. The appeal preferred justifies the disclosure of such by the appellant was dismissed information. The petitioner in the by the First Appellate Authority instant case has not made a bona- The Hon’ble by order dated 07.03.2011. How- fide public interest in seeking Supreme Court ruled ever, the further appeal to the CIC Information, the disclosure of was allowed and by order dated • “We are in agreement with such information would cause 03.08.2011, the CIC directed the CIC and the courts below unwarranted invasion of privacy the CPIO to provide the total that the details called for by the of the individual under Section amount of medical expenses of petitioner i.e. copies of all memos 8(1)(j) of the RTI Act. issued to the third respondent, individual judges reimbursed show cause notices and orders • We are, therefore, of the by the Supreme Court during of censure/ punishment etc. view that the petitioner has not the last three years both in India are qualified to be personal succeeded in establishing that and abroad wherever applicable. information as defined in clause the information sought for is There was also a direction that (j) of Section 8(1) of the RTI Act. for the larger public interest. the CPIO shall bring to the notice of the competent authority in the • The performance of an That being the fact, we are not Supreme Court and ensure that employee/officer in an organiza- inclined to entertain this special arrangements are made in future tion is primarily a matter bet- leave petition. Hence, the same is for maintaining the information as ween the employee and the dismissed. expected in Section 4(1)(a) of the employer and normally those RTI Act. In pursuance thereof, by aspects are governed by the In the High Court of Delhi letter dated 30.08.2011, the CPIO service rules which fall under at New Delhi Lpa 34/2015 while furnishing the actual total the expression “personal infor- & C.m.no.1287/2015 Dated expenditure for the years 2007-08, mation”, the disclosure of 09.04.2015 In The Case Of 2008- 09 and 2009-10, informed which has no relationship to Subhash Chandra Agarwal the appellant that the judge-wise any public activity or public (Petitioner) Versus The Registrar, information regarding actual interest. On the other hand, the Supreme Court Of India & Ors total medical expenditure is not disclosure of which would cause (Respondents) required to be maintained and unwarranted invasion of privacy is not maintained. Contending of that individual. Of course, in a Background that the information furnished given case, if the Central Public The appellant filed an application by CPIO is not in compliance Information Officer or the State under the RTI Act with the with the order dated 03.08.2011, Public Information Officer of the Central Public Information Of- the appellant again approached Appellate Authority is satisfied ficer, Department of Justice, the CIC and thereupon by that the larger public interest Government of India seeking order dated 01.02.2012 the CIC justifies the disclosure of such the information relating to the reiterated its directions dated information, appropriate orders details of the medical facilities 03.08.2011. could be passed but the petitioner availed by the individual judges cannot claim those details as a and their family members of Aggrieved by the said order, matter of right. the Supreme Court in last three the appellant filed W.P.(C)

KaleidOSCOPE July, 2017 47 No.1842/2012. By the order under where the larger public interest (iv) of the Act by the appellate appeal, the learned Single Judge justifies the disclosure of such authorities. Therefore on that allowed the writ petition holding information. ground also the order passed that the order passed by CIC by the CIC dated 01.02.2012 is It is no doubt true that Section 19(8) purportedly in exercise of power unsustainable and the same has (a)(iv) empowers the appellate under Section 19(8)(a)(iv) of the rightly been set aside by the authority to require the public Act is erroneous. learned Single Judge. authority to make necessary While taking note of the fact that changes to its practices in relation For the aforesaid reasons, the the information sought by the to the maintenance, management appeal is devoid of any merits respondent/appellant was with and destruction of record for the and the same is accordingly regard to expenses incurred on purpose of securing compliance dismissed.” medical facilities of judges retired with the provisions of the RTI as well as serving and that the Act. However, as rightly held said information is personal by the learned Single Judge the Conclusion information which is exempted said power cannot be invoked to • The act should be applicable from disclosure under Section direct creation of information but to all authorities, Government 8(1)(j) of the RTI Act and that the same can be only with regard and Private, to offer level playing the medical bills would indicate to the existing information. field to all. the treatment and/or medicines The information sought by the • Analysis of RTI applications required by individuals and appellant includes the details of indicate that maximum number the same would clearly be an the medical facilities availed by of applications are received from invasion of the privacy, the the individual judges. The same aggrieved employees working or learned Single Judge held that the being personal information, we retired. question of issuing any directions are of the view that providing such • There are cases where appli- under Section 19(8)(a)(iv) of the information would undoubtedly cants have used RTI to get hold of Act to facilitate access to such amount to invasion of the privacy. personal details such as Property information does not arise. We have also taken note of the details and service related fact that it was conceded before documents of the Officers who The extracts from the decision the learned Single Judge by the took action against them with an of Hon’ble High Court dated learned counsel for the appellant aim to unnecessarily harass the 17.04.2015 are reproduced herein that no larger public duty bound Officers. below: interest is involved in seeking the “We have given our thoughtful details of the medical facilities The act is a very powerful tool in consideration to the rival submi- availed by the individual judges. the hands of general public to get ssions made by the parties. It is It may also be mentioned that the information which was concealed no doubt true that the RTI Act, total expenditure incurred for the by public authorities on one 2005 is aimed at providing access medical treatment of the judges pretext or the other. The scope to the citizens to information for the period in question was of the act needs to be widened under the control of public already furnished by the CPIO by by including NGOs and Private authorities in order to promote his letter dated 30.08.2011 and it is Players in the ambit of the act to transparency and accountability not the case of the appellant that offer level playing field. in the working of the every public the said expenditure is excessive authority. However, as held in the or exorbitant. That being so, Disclaimer case of Aditya Bandopadhyay & we are unable to understand • The views expressed here are the Ors. (Supra) the RTI Act contains how the public interest requires views of the authors only. certain safeguards by providing disclosure of the details of the exemption from disclosure of medical facilities availed by the • Reproduction in part or full of certain information including the individual judges. In the absence any material from the above article information which would cause of any such larger public interest, without the written con-sent of the unwarranted invasion of the no direction whatsoever can be author will be a violation of the Copy privacy of the individual except issued under Section 19(8)(a) right Act.

48 KaleidOSCOPE JULY, 2017 Transparency in Public Sector: Right to Information Act, Its Implementation and Concerns Nishi Saigal CGM (Law), IOC

he contemporary times the RTI Act may be classified application. But, the already witnessed a growth of under two heads i.e. demand- overworked PIOs are unable to Tpublic awareness about side deficiencies (on the part of perform this statutory function the Right to Information (RTI), the applicants) and supply-side as desired. Also, Section 6 testimony to which is the deficiencies (on the part of Public provides for an electronic increasingly large number of RTI Authorities and Information channel to apply for information, queries being disposed by the Commissions). but various public authorities still various Public Sector Enterprises lack the adequate infrastructure (PSEs). On the one hand, RTI Issues on the Demand- for the same. Apart from this, democratized the information Side (on the part of the various states have different by enabling its dissemination payment channels and some states to all the citizens equally, and applicants) have excluded easy payment on the other, it decentralized Acute low standards of channels like postal orders etc. the governance structures thus public awareness: Section 26 Moreover, the standardization of making the People of India of the Act provides that the the RTI application is yet to be the biggest stakeholder in the appropriate government may manifested. path to good governance. Right develop & organize educational Constraints in record inspection: to Information Act became programmes to advance the Section 7(9) of the Act requires operational on 12th October, understanding of the public, information to be provided in 2005, and generated varied particularly the weaker sections, the manner requested, unless it undercurrents in the Indian about their rights as contemplated disproportionately diverts the industrial sector, particularly by the Act. Generally, it has been resources of the public authority. with respect to its applicability on observed that the awareness Sometimes, information requests the PSEs and the corresponding levels among women in rural require collation and analysis of disclosure obligations on them. areas are lesser than their male data for the previous 10 years Despite RTI being envisaged counterparts and among weaker or so, where PIOs are unable as a tool for the eradication of sections (OBC/SC/ST) is lesser to inspect the records. In this inefficiency, maladministration than general category citizens regards, an initiative by the and corrupt practices in the about RTI Act. Bombay Municipal Corporation Public Sector, certain practical Constraints in filing applications: (BMC) to allow the information issues surfaced during the course Section 6 of the Act mandates seekers to inspect the records of the implementation of the Act the Public Information Officers themselves has been categorized in the previous decade. (PIOs) to provide reasonable as a good practice and may be The various issues that hinder assistance to the applicant in replicated in other public sector the effective implementation of drafting and submission of the entities.

KaleidOSCOPE July, 2017 49 Issues on the Supply-Side (on the part of public authorities and information commissions): Failure to provide information within specified time: Section 7 of the Act mandates the PIOs to provide information within 30 days of the receipt of the application. The PIOs are challenged in providing information due to inadequate record management procedures with the Public Authorities because of non-availability of enabling infrastructure like Gujarat Legislative Assembly computers, internet connectivity, Right to Information Act have adopted digitization of scanners etc. records for quick disposal of became operational on RTI queries involving data of Inadequate training of officials: historical significance For RTI Act to be implemented 12th October, 2005, and in letter and spirit, the first generated varied Lack of motivation among PIOs: and foremost requirement is The provisions of the Act are of empowering the PIOs to undercurrents in the penal in nature where in the event discharge their duties effectively. of any breach of the specified A survey conducted by Price Indian industrial sector, time, penalties are imposed on Waterhouse Coopers found particularly with respect the PIOs, whereas no incentive is that 55% of the PIOs did not given for taking the responsibility receive any RTI training. Low to its applicability on the of implementing RTI Act. This is levels of awareness regarding aggravated by the non-allocation PSEs and the correspond- the judgments of Information of additional staff at the PIOs’ Commissions further deteriorate ing disclosure obliga- disposal for RTI related activities. their performance.. tions on them. Despite Reluctance in proactive Obsolete record management disclosures: Section 4 of the practices: Section 4 of the Act RTI being envisaged as a Act provides for the type of contemplates maintaining all tool for the eradication information that needs to records duly catalogued, indexed be provided by the Public and computerized and connected of inefficiency, malad- Authorities on suo motu basis. through a network all over the The internal processes to address country (within a reasonable ministration and corrupt the requirement of suo motu time and subject to resources) in practices in the Public basis are not defined in many a manner to facilitate the Right to Public Authorities, particularly Information under the Act. Non- Sector, certain practical departments/undertakings of availability of basic infrastructure State Governments. Neither in various field offices of the PSEs issues surfaced during the State Government not the has hampered the provision for the course of the imple- Information Commissions have computerization and networking taken adequate steps to ensure of records from becoming mentation of the Act in the compliance of this basic effective. In this regard, Gujarat provision. the previous decade. Archives Department along with Non-applicability of RTI on

50 KaleidOSCOPE JULY, 2017 civil societies and the media have generally lent their might to the realization of citizens’ right to information through this revolutionary Act. In light of the various scams that have surfaced in the corporate world, private enterprises may not be allowed to remain completely out of the ambit of the Act as they are also handling public money. Applicability of certain quintessential provisions of the Act would also reinforce a level playing field for all the players in the market, irrespective of private sector: PSEs falling under rise in the appeals filed in the being a public or private sector the purview of RTI see their Information Commissions. In entity. What is most important private sector counterparts as certain states, the respective State at present juncture is to give having more competitive edge in Information Commissions are an honest chance to the Act the business, particularly due to facing overwhelming pendency to operate without negative the various compliances the PSEs which can be illustrated by the stumbling blocks and bottlenecks. are subjected to. This argument “wait period” of more than 12 Public Sector Enterprises must can be reinforced by the fact months, thus, discouraging be pioneers in the effective that in the cases of acquisitions citizens from filing the appeals. implementation of the Act as they and takeovers, the Government For the RTI Act to be effective, the can certainly add unparalleled is not willing to possess a stake pendency if not eradicated, needs momentum to a paradigm shift of more than 50% so that the to be brought down to lower towards transparency so that the acquired entity does not fall levels by instituting operational objectives of the Act are realized to under the purview of RTI and reforms. the fullest. Replication of suitable other compliances to which PSEs best practices as developed by the The Right to Information Act are bound. various public authorities in our 2005 has ushered in a new era respective PSEs coupled with a Pendency in Information Co- of transparency and people’s pragmatic value-laden culture mmissions: The rise in the access to information in India. that promotes transparency and number of RTI applications The implementation of the Act accountability is a sine qua non with every passing year have is gathering momentum with for the successful implementation simultaneously witnessed a each passing day. Government, of the RTI Act.

KaleidOSCOPE July, 2017 51 Applicability of RTI Act, 2005 in Public Sector Undertakings & Other Public Authorities J. K. Bodha ED, Law, ONGC

he right to get information been able to fulfil to a certain in nature. This may be due to in a democracy is recogni- extent its objectives but there are the fact that the intention of the Tzed all throughout and is still many challenges to be met applicant is merely to cause a natural right flowing from the and changes to be brought. trouble and not obtain any concept of democracy. To fulfil substantial information. There this object, strengthen and codify have been decisions of the CIC the right to information of the Impact of RTI Act vehemently discouraging such citizens the Right to Information upon Public Sector frivolous applications and taking Act, 2005 (hereinafter referred to Undertakings: the applicants to task. as “the RTI Act”) was enacted by Right to information includes • Making working of public the parliament.It came into force access to the information which authorities transparent though is from October, 2005 and since then is held by or under the control the main objective of the Act, but it has relaxed the information of any public authority and under section 8 it provides certain disclosure regime in India. The includes the right to inspect the information which is exempted RTI Act replaced and repealed work, document, records, taking from disclosure. the Freedom of Information notes, extracts or certified copies Act, 2002. of documents/ records and The Hon’ble Supreme Court of India in CBSE Vs. Aditya The main object of the RTI Act certified samples of the materials Bandopadhya has held “The is to envisage setting out of and obtaining information which is also stored in electronic form. provisions of the Right to Information a practical regime of right to The RTI Act covers all the PSUs Act should not be allowed to be information for citizens to secure and other Public Authorities. It misused. Indiscriminate and access to information under the lays down a specific procedure impractical demands or directions control of public authorities with and a timeline for providing under RTI Act for disclosure of all a main purpose of promoting information to the applicants. and sundry information (unrelated transparency and accountability to transparency and accountability in in the working of every public ONGC is one of the first the functioning of public authorities authority. Government Undertaking, which and eradication of corruption) started to entertain online RTI The RTI Act has brought a sea would be counterproductive as it application from August, 2016. change in the domain of public will adversely affect the efficiency of Till date we have received some information. Before this Act the administration and result in the 13545 applications under the RTI the accountability of public executive getting bogged down with Act. authority was minimal. This Act the non-productive work of collection has promoted transparency and • Time and again it has been and furnishing information. The accountability in administration observed that the information Act should not be allowed to be by making the Government more sought does not cover any misused or abused, to become a tool open to public scrutiny. It has specific point but is very general to obstruct the national development

52 KaleidOSCOPE JULY, 2017 and integration, or to destroy the personal in nature. The inspection information is sought by the peace, tranquility and harmony of this file had no relationship to litigant under the aegis of RTI among its citizens. Nor should it be any public activity or interest. for strengthening their personal converted into a tool of oppression The matter being wholly personal matters. or intimidation of honest officials to the applicant was treated to • Whenever any departmental striving to do their duty.” be an exemption u/s 8(1)(j) of the enquiry is going on against any RTI Act. Here it was decided by employee, the Public Authority • Non-disclosure of informa- the CIC that “a public authority is not bound to disclose any tion during investigations /court must not be obligated to explain information sought by him under cases-Access to information, its conduct by revealing the the provisions of this Act which under Section 3 of the Act, is the entire decision making process are sought with a mala-fide rule and exemptions under Section to the very litigant with whom it intention of strengthening their 8, the exception. Section 8 being may be engaged in a dispute legal own stand. In Sarvesh Kaushal a restriction on this fundamental or otherwise”. right, must therefore is to be vs. F.C.I and others the appellant strictly construed. It should not This decision holds lot of had applied for documents be interpreted in manner as to relevance, where during relating to the departmental shadow the very right itself. litigations, various types of enquiry launched against him Under Section 8, exemption from in a corruption case. The CIC, releasing information is granted rejecting the appeal, held that if it would impede the process of the departmental enquiry, which investigation or the prosecution The RTI Act has brought was in progress against him, was a of the offenders. pending investigation under law, a sea change in the do- and the same attracted the provisions In Bhagat Singh v. CIC &Ors. of Section 8(1)(h). Therefore, the High Court of Delhihas main of public informa- there is no question of disclosing heldthat“mere existence of an tion. Before this Act the any information relating to his investigation process cannot prosecution. Similar decision was be a ground for refusal of the accountability of public given by CIC in Dr. B.L. Malhotra information; the authority vs. The National Small Industries withholding information must authority was minimal. Corporation Ltd. also. show satisfactory reasons as This Act has promoted • Another very important to why the release of such aspect which needs to be information would hamper transparency and ac- addressed is that the RTI Act the investigation process. Such makes it amply clear that it caters reasons should be germane, and countability in admin- to the citizen who is seeking the opinion of the process being istration by making the some information from the public hampered should be reasonable authorities and does not talk and based on some material.” Government more open about question raised by them Similarly in B.S. Mathur v. PIO, the regarding procedure/ working same High Court held “the burden to public scrutiny. It has etc. of the public authorities. Here is on the public authority to show been able to fulfil to a it is pertinent to draw a distinction in what manner the disclosure of between “information” and such information would ‘impede’ certain extent its objec- “question”. Applications which the investigation”. tives but there are still raise questions rather than seek Another important decision of the information may not fall under CIC in this regard has been in the many challenges to be the purview of the Act and may matter of Shri Milap Choraria vs. met and changes to be have to be dealt with accordingly. CBDT. In this case the appellant Further care has to be taken to sought information regarding file brought. ensure that only the information containing decisions pertaining to available is provided and no new the applicant himself and hence information is generated.

KaleidOSCOPE July, 2017 53 • Information on internal papers containing questions and in the welfare of the public at large documents/ note sheets- proforma and the information then according to the CIC, with due Undoubtedly compliance with sought by the Appellants was procedure of law section 11 the same the provisions of the RTI Act is spread over 20 years concerning must be provided. of utmost importance. But this thousands of employees. The • The CIC has noticed instances does not include divulgement of Commission directed the where certain applicants have internal information contained Respondents not to consider the made it a habit to repeatedly file in the noting-sheets of the RTI-applications filed by this applications only with a purpose organization. While providing Appellant and his wife since of harassing and wasting time such information, the Public the RTI cannot be turned into a of the public authority and the Authority has a right to blackout tool for vendetta of an employee commission. In such situations, those sentences which cover against his Organisation for some the CIC has taken stern warning to sensitive information. grievance that one harbours the applicants not to file frivolous against it. In Dr. K.C. Vijayakumaran Nair vs. RTI applications in future. Department of Post it was decided • Protection of commercial that “the `file notings in the instant interest, commercial confidence case; contain information relating and third party information is Conclusion to transfer/posting. The competent very essential. Whenever any RTI Act has been one of the authority of the respondent may public dealing is involved, friendliest legislations ever. have taken the decision keeping in commercial confidence has to be Thousands of people have view of the overall interests of the safeguarded. Each time a tender benefitted from it. It has gone respondent. It is, therefore, not for is floated, though the tender a long way in bringing about a any employee, how-so-ever he may document is a public document transparency and accountability be affected, to know as to why or but the bids and other information among the public authorities and how the decision was taken by the received is confidential. Instances preventing corruption. But on the competent authority. The disclosure are there when other bidders flipside there have been numerous of such information is not in the with mala-fide intentions or instances where the power given public interest as the appellant because of any personal rivalry to the people has been misused has asked for the information for under the purview of RTI have for frivolous gains and satisfying promotion of his personal interest. sought certain information which mala-fide intentions. The fate Under the RTI, the employees are not violates this confidentiality. In of any law depends upon the expected to question the decisions of such situations the applications awareness and participation the superior officers in the garb of are to be dealt strictly in of the people responsible for seeking information.” accordance with the provisions of its implementation. Hence, to Section 11 of the RTI Act with due make this Act a master key to • Care has to be taken that care. good governance and to derive RTI does not turn into tool maximum benefit out of it, it is In Mrs R Anil Kumar vs Bhel, the for Vendetta by an employee our duty to be more vigilant and CIC has observed CPIO cannot deny against organization for some conscious while dealing with the copies of the technical and price bids, grievances. In Smt. Uma Kanti & applications filed under it. Shri Ramesh Chandra vs. Navodaya merely by invoking Section 8 (1) (d) Vidhyalaya the appellant sought of the RTI Act, without providing information/documents on 375 adequate justification for the denial. items regarding various issues Further, a decision regarding whether pertaining to the Department. and to what extent the information No information was furnished concerning the technical and price by the CPIO. Respondents bids can be disclosed, should be during the hearing brought to taken after issuing notices to the the notice of the Commission that bidders and following the procedure these various RTI applications laid down under Section 11 of the which the Commission noticed RTI Act.If the information sought were actually thick piles of by the bidders of the third party is

54 KaleidOSCOPE JULY, 2017 Scope Commitment Towards Rti

O. P. Khorwal Convener SCOPE Steering Committee on RTI

tanding Conference of right spirit and to comply with all • All CPSEs to streamline the Public Enterprises (SCOPE) the provisions under the RTI Act. Record Management System for Sis an Apex professional body Scope is organizing workshops faster retrieval of the documents and Employers Organisation on RTI Act for awareness of the and providing the information in representing the Central Public same to its constituents for its stipulated time of 30 days. Sector Enterprises. SCOPE has smooth implementation. • To bring more transparency been a catalyst in sharpening the As per the plan, first of all in the day-to-day functioning Government focus on Reforms SCOPE constituted a “Steering by simplification of system and and Restructuring of PSE’s in Committee on RTI” with repre- procedures. tune with the opening up of sentatives from different sectors • Disseminating more & Indian economy. SCOPE also of CPSEs such as power, oil, steel, more information as proactive serves as interface between gas, manufacturing, engineering disclosures through manuals and the Government of India (GoI) etc. The steering committee deli- website. and its Member Enterprises in berated and short listed the issues order to promote excellence in • To generate a “negative lists” and made the presentation to the organisations and making them covering the items needs to be Board Members of SCOPE. globally competitive. Thus, exempted from disclosure by all SCOPE is playing a pivotal role SCOPE then organized an inte- CPSEs and make it public. in ensuring implementation of ractive session between Mr. • In order to create awareness the RTI Act, 2005 in Member W. Halibullah, the then Chief among the employees of CPSEs, Enterprises which are Public Information Commissioner SCOPE should conduct region- authorities. At the initial stage and CEOs of CPSEs which wise workshops/seminars on RTI of the RTI implementation was attended by more than 60 Act implementation. during 2005-2006, SCOPE und- CMDs,CEOs & Directors on erstood the concerns of the Board. All the short listed issues As training was considered CPSEs in implementation of were addressed to the CIC. CIC utmost important and priority the government statute and the appreciated the initiative of for smooth implementation of problem being faced by them in SCOPE and it was very fruitful RTI Act, hence SCOPE organized addressing these to the concerned and most of the doubts were a one day workshop on RTI authorities. Considering the removed by providing proper for CPIOs and APIOs of CPSEs gravity of the issues, SCOPE had clarification by CIC on the issues which was attended by more than drawn the action plan in order such as number of questions 70 (seventy) participants. The to remove their difficulties in in one RTI application, time feedback was very encouraging implementation of RTI Act in limit of 30 days, misuse of and lot of issues were emerged right spirit. SCOPE emphasized commercial information, identity which were referred to the that it is the moral duties of all of the applicant etc. CIC further Steering Committee of SCOPE CPSEs to implement the Act in suggested the following: for further deliberation and their

KaleidOSCOPE July, 2017 55 recommendations. Based on the using exemptions etc. recommendation of Steering Co- SCOPE then decided to extend mmittee, SCOPE again addre- active support in the capacity ssed the issues to CIC in their building of all its member office. During the interactive enterprises by providing guid- meeting held with Mr. A. N. ance and advisory services on Tiwari, the then Chief Information RTI, such as providing ‘Standard Commissioner, wherein all the RTI Manual “for compliance of information Commissioners and Section 4 by PA, created a data 8 CMDs/CEO’s from various base for important circulars CPSEs were present. After long & decisions on RTI, prepared deliberation on bringing further templates for various replies by transparency in the Corporate CPIO & AA etc in the year 2013 Governance, CIC suggested that and uploaded on the SCOPE web SCOPE can play a key role by In site for the use of CPSEs. providing the training to CPIO & respect to information related Senior officials of CPSEs. In order to bring the CPIOs and to trade secret, bids received Appellate Authorities of the from the bidders, Section 8(1)(d) SCOPE accepted the challenge CPSE under one platform and ,“intellectual property” Clause to arrange workshop in all to understand their concerns in for the information related to the regions of the country implementation and to arrange engineering data, feasibility for CPSEs. So far, SCOPE has interaction with the CIC & ICs reports, R&D reports again organised 10(Ten)RTI workshop/ SCOPE took further initiative for section 8(1)(d) and use of 10(2) symposium/sensitization progra- organizing CPIO’s conference of etc. This had been benefitted to mme in all the regions including CPSEs in Delhi during the month the CPSEs in better management the North East which has bene- of June 2013. Since then every of RTI applications. fited approx. 2500 officers and year SCOPE is organizing Annual conducted 3 interactive session In view to make the RTI Meet of CPIOs/AA/Nodal with top management which has system paperless and less time Officers every year. This year it been benefited approimately to consuming, SCOPE with the is scheduled on 6th & 7th July, top officials. support of TCIL, developed the 2017. SCOPE shall continue its software program for ‘Online SCOPE is also aiming for bringing endeavor in supporting smooth processing of RTI application”. out more transparency in the implementation of RTI Act This was inaugurated by Dr. U. governance and management among CPSEs in true spirit. The D. Choubey, DG, & Chairman, of CPSEs, which is an objective issues and recommendations that Steering Committee on RTI of the RTI Act enacted by the emerged during the conference SCOPE at Shillong during the Indian Parliament. So, in order were sent for consideration RTI Workshop. It shall be made to understand the problems ba- to CIC or DoPT. In the chain available soon. sed on various feedbacks from of interactive session on RTI members, SCOPE took another with CIC by SCOPE, a panel “SCOPE in view to have better initiative to conduct the study discussion was also organized implementation of RTI Act among on “Good Practices in RTI Imple- at SCOPE Convention Centre, member CPSEs have introduced mentation by the CPSEs”. The New Delhi, wherein CMDs/ Annual Excellence Award on RTI study was conducted in 2012, the CEOs/Directors of CPSEs from Act implementation” NTPC and observations were very alarming most of the sectors attended GAIL have bagged the award in such as no serious attention to and participated. This was very 2016. The Steering Committee RTI by some of the CPSEs, non useful and CIC highlighted the regularly meets, deliberates on compliance of fully Section 4, importance and use of Section the issues of concerns of CPSEs inordinate delays in providing 7(9) with respect to management & policy matters related to RTI the information, lot of fear psycho of “voluminous Information”, and committed & continue for among officials no clarity what to as well as explanation on ensuring all support to CPSEs. be given, negligible knowledge in “commercial confidence” with

56 KaleidOSCOPE JULY, 2017 Rti Implementation in Nhpc Ltd.

Deepak Saigal CE(C ) & CPIO, NHPC

TI Act is the historic understand the same. and some of which are even and revolutionary post- cut from road connectivity for NHPC ltd is implementing RTI independence legislation 5-6 months during the year but R since inception of the Act in 2005. aimed towards improving NHPC has developed a robust NHPC has centralized system transparency and corporate go- monitoring mechanism & able to consisting of single CPIO of the vernance. Over the last decade, do RTI Implementation efficiently rank of Chief Engineer located RTI has become a very important in time bound manner with at Corporate office and around tool for citizens of India to obtain consistent application/ appeal dis- 40 APIOs located at various information and scrutinize the posal rates of about 99%. NHPC project locations along functioning of Public Authorities with an Appellate Authority (of and to indirectly check corruption For effective implementation rank of Executive Director) and in the state activities. In India, of RTI Act, NHPC has taken a Transparency Officer (for suo- RTI as a concept is not new many initiatives with objective motu disclosures). Since Jan 2016 but has it traces in the ancient of creating awareness and NHPC Ltd has also been linked to history where the great Emperor sensitivity about the provisions DoPT RTI Online Portal. Ashoka was the first to realise of the Act among all employees. that his masses must have right Though NHPC power stations/ Aim is to create awareness to information. He inscribed his projects are located at very remote among employees by clarifying policies, programmes and ideas locations close to disturbed areas the basic principles and remove on the rocks and pillars across his near borders, spread from far fears in the mind of employees regime. He used local language North east region, Himachal, in disclosure of Information so so that people could easily Jammu & Kashmir, Uttaranchal that they can effectively perform

KaleidOSCOPE July, 2017 57 NHPC is providing training to all employees in phase wise manner. RTI training is the part of Training Calendar of NHPC and conducted across the all units by experts in RTI field. Further, officers of RTI department corporate office periodically visit projects/ power stations and have interactive session with employees and clear their confusion, doubts if any.

RTI as is being presently imple- mented can be made more effective and efficient by enhancing low their allocated functions without Incr-easing the scope under Suo- level of awareness among masses sacrificing the commercial inte- motu disclosures on website. as the RTI platform often is being used in attempt to solve all types rest of the organisation. The same • Updating the Record Mana- of Public Grievances, redressal of includes:- gement Systems. all problems (legal, contractual, • Regular training of Emplo- Further NHPC Ltd extends all personal, administrative etc.) for yees (both in-house and outside help to RTI applicants (specially which other forums are already nominations ) in remote villages near our project existing. Way needs to be found • Encouraging employees to locations) by assisting them in in dealing with other challenges undertake on line RTI course of filing application and flexibility like Habitual RTI Applicants DOPT. in depositing of fees. and RTI in fictitious names and contact addresses. • Publications of RTI Hand- In line with provisions of RTI Act, book (Two editions-English & Hindi) • RTI Week Celebrations (Ban- ners, Quiz Competition/ Debates) • Creating of RTI corner on Intranet (where Circulars, Press news, CIC Judgements etc are uploaded) for reference of employees. • Inviting Experts/ Information Commissioners for sharing views on RTI. • Periodically Updating &

58 KaleidOSCOPE JULY, 2017 Transparency and Right to Information Act- Its Implementation, Good Practices Adopted and Issues of Concern of Pses

K. S. Verma General Manager (Indl. Engg. & Process, Fire and Safety), CPIO, GRSE

ight to Information Act- authorities, but instead of manner. Such an initiative of 2005, came into being making the genuine use of the providing the required details Rduring 2005 with the sole Act, the public knowingly or helps the citizens while applying motive of creating a practical unknowingly have started using for seeking information. The regime of transparency for the it for taking undue advantage. suo-motu disclosures have also Indian citizenry, excluding the As far as the implementation of been prepared with the help of state of Jammu and Kashmir. the Act is concerned, the PSEs Assistant CPIO and uploaded on An initial time was provided have made due efforts in this the GRSE website. for setting up the Commissions, direction and have established The following issues and designation of Public Information various good practices in the concerns are very serious in Officers, and preparation of organizations. In GRSE, the CPIO nature needing immediate information on suo-motu. After does not make use of the routine redressal: initial set up, the organizations dak section for dispatching started implementing the Act the RTI replies, rather he or • The CPIOs are designated by and the requests for information his representative goes to post the public authorities from the were replied in line with the office and dispatches the replies existing pool of talent from within provisions contained in the through speed post, which not the organization and the job of Act. During initial stages, the only ensures the timely delivery of RTI compliance is left to them requests for seeking information replies to the information seekers as an additional responsibility. were in less number but with but also makes the CPIO able to The efforts made for achieving the passage of time and as the track the replies sent with the the compliance to RTI Act by awareness increased amongst the documentary evidence. The good the CPIOs is generally invisible citizens through various means use of the Act is beneficial to the due to which the CPIOs are not like TV ads, news papers and citizens, as it is not only a low cost being provided with the required websites, the number of requests solution but also has a timeline resources and recognition. The for seeking information has been for supply of information. At CPIOs are just being made to run increasing spirally and now the GRSE, the CPIO has framed from pillar to post for complying situation has reached to such an the guidelines and the format to the requirements of the citizens. extent that people are making for seeking information and The CPIOs are the backbone its use even for resolving the uploaded the same on its website under the public authorities complex natured issues. for the benefit of the citizens, for implementing the RTI Act by stating clearly the address but there is no reward for good The main objective of the Act for sending the RTI application work. Rather the Act provides was to control corruption by and the documents required to for the imposition of penalty way of bringing transparency be attached in a user friendly in case of failure in providing in the functioning of the public

KaleidOSCOPE July, 2017 59 the desired information as providing information. To enable in seeking the information. per the timeline, format and the CPIOs, the public authorities Clearly spelt out purpose of requirement. The penalty to must nominate them for relevant seeking the information will them is personal penalty and not trainings/conferences in-spite of help the CPIOs for providing the the organizational penalty. In pressing job demands in their desired information to the point. my opinion, the penalty should own area of work. The CPIO In actual practice, it is seen that be on the organization and not should not be below the rank of the real query is camouflaged on the CPIO, as the CPIO has General Manager or equivalent by the information seekers been assigned this task not as and must have exposure in the while seeking the information a full time but as an additional legal field. The CPIOs must be and thus it makes the CPIOs responsibility and that too has given due support by the public over burdened in preparing the to be achieved with the help of authority in all matters, as they unneeded information. If the RTI the custodian departments. The are the backbone to protect the applications are also filed in a clear concept of deemed CPIO is not interests of the citizens as well and transparent manner, the 50 % of much help in this regard. The as the public authorities and unnecessary burden on the CPIOs First Appellate Authority under support the justice. will automatically get reduced. In the organizations are normally summary, anyone and everyone • The day by day increasing the head of the organization, should not be eligible to seek misuse of the Act is becoming the which is good. After the First anything and everything related burning concern for the public Appeals are decided by the First or even unrelated information authorities, as many citizens Appellate Authorities, the second without the justification for are finding ways and means level of decision lies at the level of seeking the same. There must be to harass the CPIOs by filing Information Commissioner. a provision for imposing penalty unwarranted requests for seeking on the habitual and frivolous • Many people have miscon- unreasonable, non-genuine and information seekers in the Act. ceptions about the RTI Act hypothetical information running • The application fee of Rupees and this affects the functioning into volumes of pages not only in ten is very low and negligible of RTI implementation in their own names but also in the in fact, which put unnecessary the organizations. One such names of their family members, financial burden on the public misconception is thinking that relatives and other members of the authorities. In my opinion, the RTI is simply a post office society. When the CPIOs are not the actual costs incurred for job for the CPIOs and the able to comply the timeline, then providing the information must CPIOs must give priority to the these applicants do not hesitate be recovered from the information departmental jobs. Such thinking in rebuking and threatening the seekers. This will not only put a is also not wrong from the CPIOs and complaining against check in demanding voluminous organizational point of view, but them to their bosses with a view information unnecessarily by due priority needs to be attached to malign their official and social the citizens but also save the to compliance of RTI Act as well. position and also demand for organizational money and efforts. Under the process, the CPIOs are imposing the penalty upon the • There needs to be a just becoming as the sandwich CPIOs. The applicants further consistency in the decisions given between the public and the public threaten the CPIOs for dire by the RTI Authorities at various authority. The public authorities consequences and demand the stages. must realize that the role of compensation from the public • The public authorities must CPIO is very critical and quasi- authorities for their alleged be ordered to make RTI Cells judicial in nature, who decides on physical harassment, mental so that the RTI Matters may be the matters of providing or not agony, and alleged distress. The dealt with in more dedicated and providing the information to the remedy to this menace can be professional manner to help the information seekers by applying in clearly defining the eligibility citizens in giving the decisions in logic, provisions of the Act, rules of the information seekers and time. and statutes in vogue from time the justification of seeking the • As the Act is already 12 to time. The CPIO is the deciding information. It is not understood years old, professionalism must authority regarding involvement as to why the information seekers be achieved in this field by all of public interest in the matters of should not follow transparency concerned.

60 KaleidOSCOPE JULY, 2017 Transparency and the Right to Information Act, 2005

Amit Mohaan Meharia Managing Partner, MCO Legals LLP

n order to promote transpa- still in force, Jammu & Kashmir contract sample or electronic data rency and accountability in has its own Right to Information etc. Administration, Parliament Act of 2009, the successor to I • Any citizen (excluding the passed “Right to Information the repealed J&K Right to citizens within J&K) may request Bill, 2004 on 15th June, 2005. The Information Act, 2004 and its information from a ‘public autho- Right to Information Act (for 2008 amendment1. rity’ (a body of Government or short “the Act”) was notified in ‘instrumentality of State’) which the Gazette of India on 21st June, The Right to Information (for is required to reply expeditiously 2005, after repealing the Freedom short “RTI”) is derived from our or within thirty days. of Information Act, 2002. The fundamental right of freedom Act has become fully operational of speech and expression under • Citizens have a right from 12th October, 2005 so as to Article 19 of the Constitution. If to request any information enable a citizen of India to secure we do not have information on (as defined); take copies of access to information under the how our government and public documents; inspect documents, control of Public Authorities. The institutions function, we cannot works and records; take certified Act mandates timely response to express any informed opinion on samples of materials of work; and citizen requests for government it, democracy revolves around obtain information in the form information. It applies to all the basic idea of citizens being at of printouts, diskettes, floppies, States and Union Territories of the centre of governance and the tapes, video cassettes or in any India, except the State of Jammu freedom of press is an essential other electronic mode. and Kashmir, which is covered element for a democracy to • The Act relaxes the Official under a State-level Law. Prior function. It is thus obvious that Secrets Act of 1889 which was to the Act being passed by the the main reason for a free press amended in 1923 and various Parliament, the RTI Laws were is to ensure that citizens are other special laws that restricted first successfully enacted by the informed. Thus, it clearly flows information disclosure in India. state governments of Tamil Nadu from this, that the citizen’s right In other words, the Act explicitly (1997), Goa (1997), Rajasthan to know is paramount. overrides the Official Secrets Act (2000), Karnataka (2000), Delhi Salient features of Right to and other laws in force as on 15 (2001), Maharashtra (2002), Ma- Information Act, 2005 :- June 2005 to the extent of any dhya Pradesh (2003), Assam inconsistency. (2002) and Jammu and Kashmir • The term “Information” inclu- (2004). Some of these State level des any mode of information in • Applicant can obtain Inform- enactments have been widely any form of record, document, ation within 30 days from the used. While the Delhi RTI Act is e-mail, circular, press release, date of request in a normal

1 Article on Right to Information Act, 2005 available at http://www.legaldesire.com/right-to-information-act-2005/

KaleidOSCOPE July,July, 2017 61 Commission (SIC) within 90 days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.

Implementation of the Act within Public Sector Enterprises The implementation of the Act has been started by a number of the PSEs in the year 2005 itself wherein a RTI Cell has been formed in the PSEs. As per the case. In specific circumstances, information(s) or those ex- records and reports available on information can be obtained empted under the Official Secrets the online portal of various PSEs, within 48 hours from time of Act can be disclosed if public for the implementation of the Act request, if it is a matter of life or interest in disclosure overweighs by PSEs, a centralized system is liberty of a person. the harm to the protected being followed by PSEs. interest3. Also, the exempted • The Act also requires every information(s) would cease to be Like in case of Indian Oil Cor- public authority to computerize exempted if 20 years have lapsed poration Limited there is one their records for wide dissemi- after occurrence of the incident to centralised monitoring cell at Cor- nation and to pro-actively publish which the information relates. porate Office, under the Executive certain categories of information Director (CA & LAW). There are so that the citizens need • Penalty for refusal to receive 46 Central Public Information minimum recourse to request for an application for information Officer (for short “CPIO”) &33 information formally. The Act, in or for not providing information Appellate Authorities for all particular, requires every public is Rs. 250/- per day but the total business unit heads & Corporate authority to publish 16 categories amount of penalty should not & Regional offices for smooth of information. This includes the exceed Rs. 25,000/-. implementation of the RTI particulars of its organization, Act in IOCL for all its business functions and duties; powers • If an applicant is not supplied Units/Corporate & Regional and duties of its officers and information within the pres- Offices. Applications are being employees; procedure followed cribed time of 30 days or 48 received by CPIO or Assistant in the decision making process; hours, as the case may be, or is Central Public Information norms set for discharge of its not satisfied with the information Officer (for short “ACPIO”) as functions; rules, regulations, furnished to him, he may prefer per provisions in the RTI Act instructions, manuals and rec- an appeal to the first appellate and implementation guidelines. ords, held by it or under its authority who is an officer senior However, correspondence or control or used by its employees in rank to the Public Information information to the applicant is for discharging its functions; etc. Officer (for short “PIO”). If still being provided as per centralised • The Act enumerates the not satisfied the applicant may method by respective CPIO types of information(s) that prefer a second appeal with the only. Appellate Authorities (for are exempted from disclosure2. Central Information Comm- short “AA”) are independently However, these exempted ission (CIC)/ State Information receiving the appeals related

2 Section 8(1) and section 9 of the Act 3 Section 8(2) of the Act

62 KaleidOSCOPE JULY, 2017 to their respective areas/ departments/ business unit and disposing of the same in line with the provisions in the Act within 30 days except in one case where appeal was dispose of beyond 30 days but prior to 45 days and reasons for delay has been put on the records4.

Further, in case of GAIL India Limited, the company had nomi- nated the Appellate Authority (AA), CPIO & ACPIO during the year 2005 and also notified the same on its website. As per the system being followed for Good practices adopted by the implementation of the Act in In modern constitutional Public Sector Enterprises GAIL, there is one (1) centralised democracies, it is axiomatic CPIO & seven (7) Appellate When framing the RTI Act, Section Authorities and having forty (40) that citizens have a right to 4 was a commitment and promise of Parliament to ensure that it shall ACPIOs at all its business Units/ know about the affairs of projects. Applications are being be a constant endeavour of every received by CPIO or ACPIOs the Government which, hav- public authority to take steps in accordance with the requirements as per provisions of the Act ing elected by them, seek to and implementation guidelines. of Clause (b) of sub-section (1) However, correspondence or formulate sound policies of to provide as much information information to the applicant is suo motu to the public at regular governance aimed at their being provided as per centralised intervals through various means method by CPIO only. For better welfare. However, like all of communications, including and fast management of the internet, so that the public have RTI applications providing of other rights, even this right minimum resort to the use of this the information speedily, one has recognized limitations. Act to obtain information. nodal officer in each department Many PSEs are implementing has been nominated for co- It is by no means absolute. the Act in its right and true spirit ordination & making available In transactions which have which may be seen from the the information pertaining to status of applications and appeals their respective departments. serious repercussions on that have been disposed of by Nodal officers are arranging public security, secrecy can CPIO within the prescribed time information from their respective limit. PSEs are sharing the said departments and providing to legitimately be claimed information regularly through CPIO or ACPIO. AA are indep- because it would then be in newsletters and on online endently receiving the appeals platform every year. related to their respective areas/ the public interest that such departments/business unit and matters are not publicly The problems faced by Public disposing of the same in line with Sector Enterprises under RTI the provisions in the Act within disclosed or disseminated. 30 days5. In modern constitutional

4 IOCL’s RTI Audit Report available at https://www.iocl.com/download/rti-audit-report.pdf 5 GAIL’s RTI Audit Report available at http://www.gailonline.com/final_site/pdf/RTI/Audit_Report-RTI-2015-16.pdf

KaleidOSCOPE July,July, 2017 63 access to information under the control of public authorities and in order to promote transparency and accountability in the working of every public authority. In the matter of Subhash Chandra Agarwal vs. Supreme Court of India6, the Central Information Commission held that even Supreme Court and High Court Judges having come within the democracies, it is axiomatic At one end, Privacy acts as purview of the Act have been that citizens have a right to basis for claiming exemption directed to disclose their assets know about the affairs of the from revealing the information and it has been put into practice Government which, having at the same time Preamble to but before implementation again elected by them, seek to formulate the Act provides for setting out it was put under the case of privacy sound policies of governance the practical regime of right to as a basis for claiming exemption. aimed at their welfare. However, information for citizens to secure The work of Central Information like all other rights, even this Commission is really appreciable right has recognized limitations. but sometimes this might lead to It is by no means absolute. In The Right to Information conflicting with our fundamental transactions which have serious (for short “RTI”) is derived right because the term “privacy” as well “right to information” has repercussions on public security, from our fundamental secrecy can legitimately be not been defined in a wider sense. claimed because it would then right of freedom of speech It completely depends upon the be in the public interest that such and expression under interpretation and precedents. matters are not publicly disclosed Article 19 of the Constitu- or disseminated. tion. If we do not have Conclusion Keeping in view the above One of the major component of information on how our discussion, it is apparent that the Section 8(1)(j) of the Act is government and public the Right to Information Act, that it exempts the information 2005, has been seen as the key to which would cause unwarranted institutions function, strengthen participatory demo- invasion of privacy of individual we cannot express any cracy & promoting people- unless the PIO or the appellate informed opinion on it, de- centric governance. Access to authority is satisfied that the mocracy revolves around information can empower the larger public interest justifies the masses of the country to demand disclosure of such information. It the basic idea of citizens their rights. It is a boon for a is to be noted that this section is being at the centre of gov- country like India which is seeing specifically concerned about “the ernance and the freedom a cancerous growth of corruption, privacy of individual and no other lack of public accountability and bodies or institutions”. It cannot of press is an essential ele- bureaucratic indifference and be applied when the information ment for a democracy to numerous other ills. The main concerns institutions, societies, function. It is thus obvious aim is to bring people close to organizations or corporate. This that the main reason for a governance by informed citizens, shows that privacy to some extent transparency in administration as could only be maintained by an free press is to ensure that well as public accountability and individual and no other body citizens are informed. minimizing corruption. could entertain this power.

6 AIR 2010 Del 159

64 KaleidOSCOPE JULY, 2017 Information Sharing Leads To Transparency

Usha Popat Senior Manager (RTI) and Nodal Officer, BPCL

n tune with the modern trend it also serves as a mechanism designated General Manager of customer focus, BPCL was to create a better balance in the Marketing Corporate at Ione of the pioneer companies equation of power between Chairman’s Office for dealing to restructure the organization, those who hold and control with complaints filed under this with formulation of seven information and the citizen, who Act, as a single window from Strategic Business Units (SBUs) of is both the author and beneficiary the time of implementation of which 6 are customer facing SBUs of democracy. the Act in October 2005 till 2011. - Retail, LPG, Lubes, Aviation, The approval was taken from Industrial & Commercial, Gas BPCL firmly believes that sharing the highest body – Committee of an done is an asset based SBU - information with the public about Functional Directors. Refineries. In all segments of our our activities is a continuous BPCL has enhanced from a operations and services, BPCL process, and helps to reduce the Single Window to three is governed by its corporate public demand for information Central Public Information values of trust, involvement, on one hand and creates a sense Officers(CPIOs) to take care ethics, collaboration, innovation, of trust in BPCL on the other. of LPG, Retail and Others customer centricity and We are confident, with our separately. Taking into account development of people. conscious endeavour, approach and abiding by the spirit of the need, the number of CPIOs At BPCL, all our endeavours are the RTI Act, any information and Appellate Authorities (AAs) driven by a promise to deliver : seeker through normal course has increased today to one Nodal of action would be satisfied on Officer, 87 CPIOs, 12 AAs and one ‘Innovation’ – newer products & getting the required information Transparency Officer. The overall services consistently, throughthe RTI route, which not monitoring of RTI and necessary ‘Reliability’ - in our actions & only will help them but would guidance are being issued governance and improve our brand equity as well. regularly to ensure uniformity Such information seekers also and timely response at every ‘Care’ – shown uniformly in all indirectly create much required level in the Corporation. our dealings. positive vibes in the existing The CPIO and his team looks The RTI Act was enacted to challenging market. after the RTI response and promote transparency and monitoring at every Region/ accountability in the functioning Compliance of RTI ACT, Headquarters. Based on regular of the Public Authority. We at 2005 –Structure & Process transfers and movements of staff Bharat Petroleum have a strong in the Company, the new CPIO in BPCL belief that while the RTI Act list is prepared and approved at helps us to establish accountable In compliance to its obligations the Executive Director level and and responsible governance, under the RTI Act, BPCL had circulated to all to enable them

KaleidOSCOPE July, 2017 65 sensitivity and importance to RTI implementation. Quiz pro- grammes enable employees to enhance their knowledge and be aware of the importance of RTI. • Training and development: We organize regular RTI Works- hops/ training programmes for all the new and existing CPIOs every year and also discuss various case studies and decisions, to enable them to equip themselves and ensure transparent and apt response of every query.

Types & Number of Applications Received to take charge on RTI related system. Monitoring Pendency to their portfolio, pertaining Reports is done and regular The RTI applications are broadly to their Territory/Region and reminders sent to ensure that categorized into areas ranging Headquarters. there are no delays in responding from product pricing, subsidy to RTI applications. and profitability, refill booking The Appellate Authorities are at a and general queries in LPG, very senior level of Deputy Gene- selection and management of ral Manager/ General Manager/ Knowledge Sharing Dealer/ Distributorships, to me- Executive Director level, to ens- Systems dia advertising and corporate ure the appeals are properly • Newsletter/ RTI e-journal: expenses.These have been raised dealt with and also to provide A regular RTI News e-journal is from the time the RTI Act 2005 necessary direction and guidance being issued to share our learning came into force. Ensuring every to CPIO on their area on a regular on RTI from various applications application is given its due respect basis. that we receive. We provide and responses are sent through the specific internal and external proper channel to the applicant in the stipulated time has, in Handling of RTI case studies for dissemination of information to BPCL employees fact, enlarged the Company’s From physical handling of RTI and staff dealing with RTI. The commitment to transparency and queries in BPCL, we moved effort is to streamline our actions responsibility to its stakeholders. towards a technology driven in- in such a way that we have our BPCL has diligently responded house RTI web package in 2012, information ready and clear for to all RTI applications received, wherein we could log into the RTI responding in time. We can also and ensured nil penalty, which queries, replies, appeals received check on our procedures, so that is a good indicator of a satisfied and its replies, CIC Hearing we bring down the number of RTI applicant. Notices, rejoinder submission and applications, which is possible compliance and were centrally by encouraging staff at all levels SuoMoto Disclosure – monitored. to be transparent, balanced and Section 4 (1)(b) Effective st 1 August 2016, BPCL stakeholders finally. BPCL has published all manda- has been aligned to Department • RTI Circulars & Quiz Prog- tory information and detailed of Personnel & Training (DoPT)’s rammes: Regular RTI Circulars procedure for sending RTI appli- RTIonline and training was are being issued to all CPIOs cations in its corporate website provided by the Marketing and AAs related to the process www.bharatpetroleum.in. under Corporate Team to all CPIOs, and procedure to be followed, the Head RTI. The all-India list of AAs and their teams resulting in order to update them to CPIOs and Appellate Authorities in smooth transition to the new ensure uniformity and create has also been provided here.

66 KaleidOSCOPE JULY, 2017 The mandatory information as the public to view. BPCL Network and RTI per Section 4 (1)(b) of the RTI Act • BPCL has, on its website, Queries 2005 has also been made available displayed the Citizen Charter BPCL has a large network with in Hindi and all queries raised in explaining the rights of customers customer interfaces as shown Hindi are replied first in English, and the methodology to approach below : followed by the reply in Hindi. the concerned authority on any BPCL is now in the process of specific issue. Retail Outlets 13983 updating the site to include more information as per our recent • BPCL has a separate site SKO / LDO Dealers 1001 experiences. under the head,‘Vigilance’ where the public can approach them for LPG Distributors 4684 specific issues. Information Sharing LPG Customers 595,00,000 • All high valued items are In addition to the mandatory tendered through e-tendering Considering the large network, disclosures, BPCL has provided to the public and the details are the number of RTI queries is the following information on its uploaded on the site for public negligible, as shown in the corporate website : viewing. following table : • BPCL has its own e-bharatgas site wherein all information related to the distributor net- RTI handling in BPCL since inception of the RTI Act, 2005 work, their performance and rating, customer consumption Period 2005-06 to 2016-2017 details, number of customers Period CPIO Appellate CIC who’ve given up LPG subsidy, 2005-06 143 0 1 selection process/guidelines of 2006-07 644 115 14 distributors, display of the names of all candidates selected as per 2007-08 888 178 22 the guidelines etc. are available to 2008-09 1225 224 64 the public and customers. 2009-10 1753 295 67 • BPCL also has its own 2010-11 2726 415 74 Customer Care System, Smart 2011-12 3737 519 38 Line, with a unique toll-free 2012-13 3850 645 88 telephone number 1800 22 4344, 2013-14 3567 495 53 where customers can contact 2014-15 3779 626 78 and lodge their complaints, sug- * gestions and views; these are 2015-16 3896 488 148 logged and redressed/action 2016-17 3464 387 82 initiated within the time frame. Total 29672 4387 732 Any complaint not replied on *Old cases time is escalated to the highest level to resolve it in a time bound manner. Complaints can also be Various complaints and RTI queries received from time to time have received online. enabled us to enhance our systems and made us more transparent, customer centric and accountable. • The Bharat Petroleum web- site has all details related to The RTI can be used as a barometer for evaluating the standards of its SBUs viz. Refineries, Retail, governance in general and the delivery of services in particular. I&C, LPG, Lubes, Aviation and Wise heads of departments can conclude from the tenor of the RTI Gas. The basic details including applications what is right or wrong in their establishments and price build up, product details, take corrective measures, to improve the processes and systems. details of Retail Outlets and LPG Transparency is both an ideal and an ideology and the BPCL journey distributors are also available for continues in its search for excellence.

KaleidOSCOPE July, 2017 67 Implementation of the RTI Act in the Steel Authority of India Limited

G.G. Gautam DGM (P-RTI, CO-ORDN, RB) & CPIO, SAIL

AIL, a Maharatna Company, is the largest Steel producer Sin India, with turnover of more than Rs. fifty thousand crores and employs as on 31st March, 2017 is @83000 employees. SAIL has been occupying a pioneer position in implementation of RTI Act, in letter and spirit. SAIL is a multi-unit organisation having five Integrated Steel Plants, three Special Steel Plants along with captive mines for iron ores. SAIL also have an extensive marketing network and many units spread across the length and breadth of the country. are made equally responsible as Office has also been uploaded SAIL has appointed Public In- PIO towards timely providing of on the SAIL website. In addition, formation Officers/ Asstt. Pu- information to the applicant. compilations of important deci- blic Information Officers and sion of CIC, DOPT circulars and Appellate Authorities and Trans- An Exclusive RTI Portal for SAIL High Court (HC) cases have also parency Officer under Section has been developed and link been uploaded on SAIL Website. 5 & Section 19(1) of RTI Act in is available on SAIL Website. each Plant and Unit for speedy All the SAIL Plants/Units have Each and every year Awareness redressal of the queries received listed 17 manuals, details of Programs/ workshops on ‘Oblig- under the Act. The provisions Authorities under the Act on ation of Public Authorities under under the Act are being complied the SAIL website www.sail. RTI’ are been organised at SAIL with by all Plants and Units co.in. Quarterly Returns, Annual corporate office/ Plants/ Units of SAIL. All statutory reports Returns on implementation of and Information Commissioner including Annual Report are RTI Act 2005 are being submitted has been present in most of being sent to M/o Steel & also online through the CIC portal. these programs. SAIL is also being posted on SAIL website. Implementation of online request conducting Experience Sharing Under Sec. 5(5), all the officers is introduced in SAIL from Sessions ‘with PIOs of other PSUs line manager responsible for 1st May 2015. A compilation such as NTPC, GAIL, ONGC, providing information to the of Record Retention Policy of BHEL. In addition, Awareness PIO are called Deemed PIO and various functions of Corporate Programmes on RTI Act are held

68 KaleidOSCOPE JULY, 2017 at Plant and Units & Corporate through main stream media. frame under the Act. CIC has also office level regularly. Assistance was also provided to taken up 82 cases and all these those who wished to use RTI but cases were disposed of in favour The Officer Association of Bhilai did not have sufficient awareness of SAIL by CIC. Since enactment Steel Plant in Collaboration with regarding the same. of the RTI Act, SAIL as whole NGO’s organised a Two Week a total of 35346 applications Information Campaign on RTI SAIL as whole a total 3564 and 5135 appeals were received at Bhilai of Bhilai Steel Plant and applications and 612 appeals up to 31st March 2017 and these SAIL Corporate office organised were received under RTI Act, were disposed as per stipulated Half day in Kaushambi Resi- 2005 in the company during the time frame. CIC has also taken dential area for mass comm- financial year 2016-17 from 1st up 676 cases and all these cases unication on RTI. The idea behind April 2016 to 31st March 2017, were disposed of in favour of organising this workshop was to all of which have been disposed SAIL by CIC. create awareness amongst masses off within the stipulated time

Performance Highlights of Corporate Rti Cell

S. No. Performance Highlights of Corporate Rti Cell

1. Being 1st amongst the major PSUs-Record Retention Policy/Schedule of Personnel Directorate hosted on SAIL website.

2. Transparency Officer has been appointed in SAIL Plants/Units to adhere to the guidelines of MOS/CIC and hosted on SAIL website.

3. System improvement introduced to enhance transparency and voluntary disclosures of information to reduce RTI requests.

4. Provided guidelines to other PIOs/Appellate Authorities in dealing with RTI queries and implementing provisions under RTI Act.

5. Video Conferencing is being done for CIC cases hearing with Plants and Units.

6. Participated and contributed in the deliberations of the Steering Committee of SCOPE.

7. Presented SAIL initiatives at seminar organised by SCOPE awareness and interactive workshop on RTI Act for its smooth implementation in the CPSEs.

8. Lecture delivered to implementation of Right to Information Act 2005 in SAIL, for learning mission to INDIA by Delegation of senior representatives of Government. Civil society and the media from NIGERIA and LIBERIA.

9. Initiatives taken for enhancing IT interface in RTI Section for easy retrieval/record keeping etc.

10. Online RTI implemented in SAIL on 1st May, 2015 with the collaboration of DOPT.

KaleidOSCOPE July,July, 2017 69 Right To Information – An Act to Ensure Good Governance & Transparency

Smita Singh Dy. Manager (Law) MMTC

“Where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing.”

- Justice P N Bhagwati

overnance should be legislations passed in the post • by or under the Constitution, an open book. “Good independence era. The act also • by any other law made by governance” and “right to provides the space to maintain G Parliament, information” are complimentary a harmonious balance between to each other. A democratic release of information and • by any other law made by government requires accountability preventing conflict with public State Legislature, whi-ch necessarily requires tra- interests including efficient • by a notification issued or nsparency, and an aware citizenry. operations of the government, order made by the appropriate Right to Information initially was optimum use of limited fiscal Government and includes any recognized as an interpretation of resources and the preservation the fundamental right of “Freedom of confidential & sensitive • body owned, controlled or of speech and expression”. information. substantially financed, However, gradually the importance The Act and its rules define • non-government organizati- of this right in strengthening the a format for requisitioning governance process and ensuring on substantially financed - whi- information at nominal charges, ch, in clauses (a) to (d) are all, accountability was realized and a time period within which the right was codified under the directly or indirectly funded by information must be provided, a the appropriate Government. Right to Information Act 2005. method of giving the information, The preamble of this act and some exemptions for Public sector units are covered underlines the importance of information which will not be well within the wide ambit of the act in creating an informed given. The act applies to Central, the definition and this obliges citizenry, ensure transparency of State Governments and all public the PSUs to comply with various information, contain corruption authorities. statutory requirements under and hold governments and its A public authority as defined in the act. Right to information instrumentalities accountable to the act is any authority or body under the act includes the the governed. It is one of the most or institution of self-government right to inspection of work; empowering and progressive established or constituted taking notes, extracts or certified

70 KaleidOSCOPE JULY, 2017 maintaining transparency in its work. The company develops and organizes various educational programs to create awareness amongst its officials on how the recent developments under the legislation and the various interpretations by courts and tribunals affect the working under the act. Special editions on RTI compliances are passed in the quarterly in house legal magazine of the company.

However like any other Act, RTI also calls for judicious implementation and the act copies of documents; taking creates sufficient provisions to separate samples of material; Public sector units are prevent its misuse. The objective obtaining information in any of the act is to promote and covered well within the electronic mode or through protect public interest. It requires printouts where such information wide ambit of the defi- judicious acumen to analyze is stored in a computer or in any the RTI queries and prevent other device. nition and this obliges promotion of selfish interests at the altar of public resources. It The acts emphasizes on adopting the PSUs to comply needs to be understood that RTI a proactive approach towards with various statutory is a tool for ensuring participatory dissemination of information, development and not a tool for and obliges the public authorities requirements under the harassment of public officials or to maintain all records duly a way to stall the development catalogued and indexed in a act. Right to information procedure. The act per se manner which facilitates the under the act includes provides sufficient safeguards objective of the act. It also vide section 8-10 to exempt provides a list of 18 items which the right to inspection providing of certain information. need to be published by the of work; taking notes, The CIC and the honorable public authorities for easy access Supreme court of India through of the citizenry. extracts or certified various pronouncements have MMTC in compliance with these copies of documents; always reprimanded unnecessary statutory obligations of the act has and useless RTI applications. put up these 18 items and other taking separate samples related information on its official of material; obtaining RTI Act 2005 was enacted to website which is being updated play a critical role in systematic on a timely basis. Apart from information in any elec- corrections rather than limiting this various public information its success to individual cases. tronic mode or through officers have been designated RTI Act is a step towards in the office and a detailed list printouts where such ensuring a stronger and vibrant of the PIOs of the organization democratic process in India. is provided on its website information is stored in a The effective implementation of alongwith the information computer or in any which however rests on proper related to appellate authority compliance of the statutory and transparency officer. MMTC other device. provisions and preventing has always worked towards promotion of selfish interests.

KaleidOSCOPE July, 2017 71 Public Interest under Right to Information Act

V. K. Kesarwani DGM (Law), REC

he Central Public Informa- interest”, like “public purpose”, came into existence; tion Officer of the Public is not capable of any precise • the seriousness of the issues TAuthority on receipt of definition. However, it has been in relation to which production is the request from the citizen has held that ‘public purpose’ needs sought; to provide the information as to be interpreted in the strict • the likelihood that production expeditiously as possible, and sense and public interest has to of the documents will affect the in any case within thirty days be construed keeping in mind outcome of the case; of the receipt of the request or the balance between right to reject the request for any of the privacy and right to information. • the likelihood of injustice reason specified in Section 8 & 9. The decision has to be based on if the documents are not Further, under Section 8 of the RTI objective satisfaction recorded produced…” Act, there is no obligation to give for ensuring that larger public In Stroud’s Judicial Dictionary, any citizen information which is interest outweighs unwarranted volume 4 (IV Edition), Public available to person in his fiduciary invasion of privacy or other Interest has been defined as: relationship or which include factors stated in the provision. commercial confidence, trade sec- “a matter of public or general The Hon’ble Supreme Court in R. rets or intellectual property, the interest does not mean that K. Jain Vs Union of India (1933) disclosure of which would harm which is interesting as gratifying 4 SCC 120 has narrated that the competitive position of the curiosity or love or information the factors to decide the public third party or information which or amusement but that in which interest immunity would include relate to personal information a class of community have a pecuniary interest, or some the disclosure of which has no • where the contents of the interest by which their legal relationship to any public activity documents are relied upon, rights or liabilities are affected’ or interest or which would cause the interests affected by their un warranted invasion of the disclosure; privacy of individual unless the • where the class of documents Purpose and Scheme Competent Authority/ CPIO is is invoked, whether the public of the RTI Act satisfied that the larger public interest immunity for the class is interest justifies the disclosure of The scheme of the Act contem- said to protect; such information. plates for setting out the practical • the extent to which the regime of right to information So the question arises what is interests referred to have become for citizens to secure access to public interest and whether it is attenuated by the passage of time information under the control capable of any precise decision. or the occurrence of intervening of public authorities in order In various decisions, it has been events since the matters contained to promote transparency and held that the expression “public in the documents themselves accountability in the working

72 KaleidOSCOPE JULY, 2017 Court Decisions on Public Interest The Supreme Court in Bihar Public Service Commission Vs. Saiyed Hussain Abbas Rizwi (2012) 13 SCC 61 held that the statutory exemption provided under Section 8 of the Act is the rule and only in exceptional circumstances of larger public interest the information would be disclosed. It was also held that ‘public purpose’ needs to be interpreted in the strict sense and public interest has to be construed keeping in mind the balance between right to privacy of every public authority. It was and right to information. The aimed at providing free access The scheme of the Act relevant extract from the said to information with the object contemplates for setting judgment is quoted below: of making governance more “The expression “public interest” transparent and accountable. out the practical regime has to be understood in its Another right of a citizen of right to information for true connotation so as to give protected under the Constitution complete meaning to the relevant is the right to privacy. This right citizens to secure access provisions of the Act. The is enshrined within the spirit of to information under the expression “public interest” must Article 21 of the Constitution. control of public authori- be viewed in its strict sense with Thus, the right to information all its exceptions so as to justify has to be balanced with the right ties in order to promote denial of a statutory exemption to privacy within the frame- transparency and account- in terms of the Act. In its common work of law. ability in the working of parlance, the expression “public Section 8 is one of the most interest”, like “public purpose”, important provisions of the every public authority. is not capable of any precise Act as it is an exception to the It was aimed at providing definition. It does not have a rigid general rule of obligation to meaning, is elastic and takes its furnish information. It gives free access to information colour from the statute in which it the category of cases, where with the object of making occurs, the concept varying with the public authority is exempt governance more time and state of society and its from providing the information. needs. To such exemptions there are transparent and account- The satisfaction has to be inbuilt exceptions under some able. Another right of a of the provisions, where despite arrived at by the authorities exemption, CPIO may furnish citizen protected under objectively and the consequences of such disclosure have to be the information in the larger the Constitution is the public interest which shows the weighed with regard to the wide scope of these provisions as right to privacy. This circumstances of a given case. intended by the framers of law. In right is enshrined within The decision has to be based on such cases the CPIO has to apply objective satisfaction recorded its mind whether it is a case of the spirit of Article 21 of for ensuring that larger public exemption within the provisions the Constitution. interest outweighs unwarranted of the said section. invasion of privacy or other

KaleidOSCOPE July, 2017 73 factors stated in the provision”. The Hon’ble Delhi High Court in its decision dated 13/07/2012 wherein while discussing on the issue of disclosure of information in larger public interest held as under: “‘The second half of the first part of Clause (j) of Section 8(1) shows that when personal information in respect of a person is sought, the authority concerned shall weigh the competing claims i.e., the claim for the protection of personal information of the concerned person on the one hand, and the claim of public interest on the other, and if “public “public interest the context of the Principles of State Policy]”. interest” justifies disclosure, i.e., RTI Act, 2005”. In ‘S. P. Gupta v the public interest outweighs the President of India’, AIR 1982 SC The Central Information Commi- need for protection of personal 149, Justice Bhagwati, in referring ssion in Mr. Vijay Goswami information, the concerned to ‘public interest’, maintained: Vs University of Delhi has authority shall disclose the “Redressing public injury, also thrown some light on this information.” enforcing public duty, protecting term. Public interest includes social, collective, ‘diffused’ rights “disclosure of information that Furthermore, the Hon’ble Supr- and interests vindicate public leads towards greater transp- eme Court of India in (Girish interest… [in the enforcement of arency and accountability” in the Ramchandra Deshpande Vs. which] the public or a class of working of a public authority. Central Information Commission the community have pecuniary & others.) has held as under: It is, therefore, to be concluded that interest or some interest by which it is a statutory exemption which “Of course, in a given case, if the their legal rights or liabilities are must operate as a rule and only in Central Public Information Officer affected.” exceptional cases disclosure can or the State Public Information In State of Gujarat Vs Mirzapur be permitted that too for reasons Officer of the Appellate Authority Moti Kureshi Kasab Jamat & others to be recorded demonstrating is satisfied that the larger public AIR 2006 Supreme Court 212, the satisfaction to the test of larger interest justifies the disclosure of Apex Court held “the interest of public interest. It will not be in such information, appropriate general public (public interest) consonance with the spirit of orders could be passed but the is of a wide importance covering provision contained in Section petitioner cannot claim those public order, public health, 8, if in a mechanical manner, details as a matter of right.” public security, morals, economic CPIO disclose information which The significant judgment of the welfare of the community, and may be protected in terms of the Supreme Court can also be taken the objects mentioned in Part IV provisions of Section 8 of the RTI note of in understanding the term of the Constitution [i.e. Directive Act 2005.

74 KaleidOSCOPE JULY, 2017 RTI- A Potent Tool

Kompal Bali Officer-Online RTI Portal RTI Cell (Legal Department) GAIL

“Truth about the Action must be known, Truth about the Inaction must be known; Truth about the Prohibited Action must be known, Mysterious are the ways of ACTION”

[(Bhagavad Gita Chap. 4) Sloka 23]

Right to Information Act is a relationships etc. The approach disclosure of information is likely potent tool in the hands of citizens should be towards ensuring to cause serious harm to specific, to ensure accountability and effective implementation of all important public interests. transparency in the functioning provisions of RTI Act through All right to information laws of public authorities. If certain process redesigning & include provisions that allow transparency and accountability organizational alignment at all certain types of information to are the imperatives for sustaining levels. be withheld from the public. democratic governance, access to These provisions are commonly information is a vital instrument called “exemption provisions” or for societal transformation and RTI Act, 2005 - Disclosed Vs. “exclusion clauses”. the Right to Information Act, 2005 Exempted Information helps in achieving the same. The right to information is not A brief summary of Decisions an absolute right. As not all given by CIC has been prepared for Information leads to knowledge information pertaining to public dealing with day-to-day querries/ and knowledge brings empow- authorities can be shared with the cases while stating circumstances erment which in turn helps in public. Sensitive information is wherein information was held containing corruption. However, generally not shared in order to to be exempted and where like all other rights, RTI is also not protect larger public interest. information was disclosed under an absolute right and is subject RTI Act, 2005. The same will to various limitations such as Thus, information can legitim- serve as a Ready Reckoner for the confidentiality of sensitive ately be withheld, but only all RTI Applicants as well as for information, fidelity and fiduciary under circumstances where information providers.

KaleidOSCOPE July, 2017 75 Information to be Disclosed

Matter Relating To Gist of the CIC Decision Details of Decision

Allotment of Retail The entire process of allotment of retail outlets (RO’s) 281/IC(A)/2006 Outlets and the procedure followed for preparation of merit dated 18.09.2006 list should fall under public domain. Accordingly, the information sought should be furnished to the Appellant.

Award of Marks The Appellant had asked for the list of candidates, Decision No. 2001/ who appeared for Departmental Examination for IC(A)/2008 dated Fast Track Promotion to LSG Cadre 2003 and 2004 25.02.2008 and the marks secured by them. While the CPIO has furnished a copy of the seniority list, he has however, denied disclosure of marks scored by the candidates in the said examination, u/s 8(1)(e) and (j) of the Act. The Information Commissioner decided that the recruitment and selection of staff should be fair and objective so as to select the competent staff. Accordingly, the entire process relating to selection of candidates should be put in public domain. In view of this, there is no reason why the seniority list together with the total marks obtained by the candidates should not be disclosed.

Award of Contract The Applicant had requested for all the records pertains Decision No. 1778/ to award of contract & its termination, which had IC(A)/2007 dated been denied u/s 8(1) (d) of the Act. The CIC stated 28-07-2007 that information relating to the manner in which the contract was awarded, terminated and settled as per the established procedure cannot be treated confidential; therefore, the exemption claimed by the CPIO u/s 8(1) (d) of the Act from disclosure of information is not justifiable.

Disciplinary The Appellant sought to know the reasons for not Decision No. 1822/ Proceedings conveying him the decision of the Appellate Authority IC(A)/2008 dated in disciplinary proceedings against him on the ground 10.01.2008 that the said information is not exempted under Sec. 2(f). As regards other information sought, he was allowed to inspect the records. The CIC decided that under Sec. 4(1)(d), a Public Authority is required to provide reasons for its administrative or quasi-judicial decisions to affected persons. Accordingly, the CPIO was directed to provide the reasons for not conveying the decisions of the appellate authority on the Appellant’s representation. It was also stated that since the matter concerning the disciplinary action taken against the respondent is complete and over, there is no justification for withholding the information as asked by the Appellant.

76 KaleidOSCOPE JULY, 2017 DPC Proceedings CIC directed the PIO to provide copies of DPC Decision No. 1810/ relating to proceedings, along with the list of recommended IC(A)/2008 dated Promotion candidates and the reason for promotion of a junior 08.01.2008 officer in the list of empanelled officers, as asked by the Appellant.

Information from The government cannot wrongly classify its documents CIC/A/12/2006 Government as Secret and then claim exemption from disclosure. dated 21.02.2006 decision No. 12

Information already Information regarding the stock of cylinders during Decision No. 1429/ available on website 2003-2006 was sought though it was available on IC(A)/2007 dated the website; CIC allowed the furnishing of such 07.11.2007 information and also allowed the inspection of records which was pleaded to be old to be furnished to the Applicant.

Marks in To maintain transparency in the examination process, Appeal No. 972/ Examination & the marks obtained by the Appellant, irrespective ICPB/2007 dated Interview of whether he has been selected or not, should be 25.09.2007 disclosed along with the cut-off marks.

Promotion of The Appellant asked for the name of officers Decision No. 2053/ Employee responsible for losing her ACR’s because of which she IC(A)/2008 dated could not be promoted. The Information Commissioner 04.03.2008 held that a major objective of the RTI Act has been to promote good governance so as to ensure a reasonable degree of accountability and performance in the working of public authorities. The main ground for denial of promotion to the Appellant is her missing ACRs for two years. In the course of hearing, it clearly emerged that the Appellant’s superior officials have either withheld her ACRs for malafide reasons or there may be other forms of mischief leading to destruction of the records. In any case, the concerned officials of the respondent are responsible for dereliction in their duties and responsibilities in so far as writing of ACRs are concerned. And, therefore, they are liable to face the penalty proceedings under the provisions of the RTI Act. The PIO is, therefore, directed to provide the details of the concerned officials who are responsible for the missing ACRs for 1994 and 1995, within 15 working days from the date of issue of this decision, failing which penalty proceedings would be initiated against all those officials, who may be responsible for non-compliance with the official obligations

Potential Misuse Excuse of “potential misuse” of the information sought 10/1/05/CIC dated by the Applicant is not sufficient ground to deny 25.02.2006 decision information No. 15

KaleidOSCOPE July, 2017 77 Services of Lawyer Availing services of lawyers for representation before CIC/ the Commission discouraged by CIC. MA/A/2005/00004 dated 02.05.2006 decision No. 80 Termination of The Appellants had asked for copies of the relevant Decision No. 2021/ Employment documents relating to the issuance of termination order IC(A)/2008 dated and subsequent decision to withdraw the termination 28.02.2008 order, which was denied by the CPIO on the ground that the grievances on service matters are not covered under the RTI Act. The CIC stated that under Section 4(1)(d) of the Act, every Public Authority is expected to indicate the grounds for taking a decision to the affected persons. Accordingly, there is no reason why the respondent should not reveal the grounds on the basis of which the orders for termination of services of the Appellants were issued and the grounds on the basis of which the said order was cancelled / withdrawn. Tour Program & Tour programs and travel expenses of a public authority 07/IC(A)/CIC/2006 Travel Expenses are not personal information and the same has to be dated 06.03.2006 disclosed. decision No. 25

Information Exempted under RTI

Matter Relating To Gist of the CIC Decision Details of Decision Board Agenda Agenda papers contain lot of inputs including the details Decision No. 587/ of commercial activities & strategies of the company and IC(A)/2007 dated is exempted under Sec. 8(1)(d) 08.03.2007 Credit Rating The credit rating of a company may not be furnished by Decision No. 863/ the bank to a person not directly in connection with the ICPB/2007 dated concerned company. 10.09.2007 Customer Banks have to keep confidentiality in relation to the Decision No. 875/ Information accounts of its customers and no third party could, under ICPB/2007 DATED the RTI Act, seek disclosure of information relating to 10.09.2007 customer accounts. Disciplinary action The information sought for relate to the disciplinary Decision No. 1847/ against other action taken against the officials of the respondent. Such IC(A)/2008 dated employee actions are taken in public interest under the Service 15.01.2008 (Conduct) Rules, which have sufficient provisions for redressal of grievances of the affected persons. The complainant has however not been able to demonstrate as to how he is affected in the case relating to other employees. Unless an information seeker is able to indicate as to how he is affected in the case or as to what is the public interest in seeking the information, the allegations made on certain presumptions are not enough ground for disclosure of information relating to the official details of the employees of the respondent.

78 KaleidOSCOPE JULY, 2017 Evaluated Answer Evaluated answer sheets of self or others cannot be ICPB/A-2/CIC/2006 Sheets disclosed. However, “answer key” and “award of marks” dated 06.02.06 cannot be kept secret. decision no. 6 & ICPB/A-3/CIC/2006 dated 10.02.06 decision no. 8 & 11/532006-CIC dated 02.05.2006 Decision No. 83 Fiduciary When a counsel is engaged, a fiduciary relationship is 41/ICPB/2006 dated Relationship created between the client and the advocate. Thus, any 30.06.2006 Decision information given by the client and received from the No. 41 counsel (including the payment of bills) need not be disclosed. Grievance Redressal The appellant sought the reasons for delay in promotion, Decision No. 1814/ seniority list, and non-payment of officiating allowance IC(A)/2007 dated and denial of his transfer to Delhi, etc. He has also sought 09.01.2008 to know whether approval of the competent authority was obtained in certain matters relating to the activities of the respondent. He was not satisfied even after the reply was furnished. CPIO argued that in the garb of RTI Act, the Appellant was seeking Redressal of his grievances. The CIC stated that the redressal of grievances does not fall under the purview of the Commission and the appellant was advised to approach the competent authority, which may do the needful. Information beyond The PIO is not obliged to furnish any information apart Decision No. CIC/ the one sought in from that sought in original application. For any further WB/A/2007/00060 to original application information a fresh application must be made. 062 dated 27.11.2007 Information regarding CIC upheld the view of the appellate authority that Appeal No. future course of information relating to future course of action, which is ICPB/A-15/CIC/2006 action not in any material form, is not “information” within the – Order dated definition of “Information” in Section 2(f). 13.04.2006 Information sought If the information sought is not specific in terms of the Decision No. 733/ not specific source, year, quantity, etc. and it is not clear which CPIO MA/A/2007/00131 may be in possession of the information, the applicant dated 25.05.2007 ought not to venture on fishing spree for the information. He should clearly specify the information and identify the Public Authority, which may be in possession of the relevant information. Personal opinion of Personal opinion of CPIO on the issues that are addressed Decision No. 220/ CPIO by the appellant to disciplinary authority cannot IC(A)/2006 be disclosed, since no public interest in seeking the information for himself is involved. Voluminous The information sought by the appellant was Appeal No. 26/ information voluminous. The appellant was therefore directed IC(A)/06 – Order to minimize and prioritize the requirement of data / dated 07.04.2006 information, so that the same could be provided at the least cost, as considerable amount of resources would have to be deployed by the Bank for providing the information asked for by him.

KaleidOSCOPE July, 2017 79 Acceptance of RTI A public authority can divide responsibilities amongst 10/1/2005/CIC dated Application PIOs, but every PIO has to accept every application. 25.02.06 decision no. 15 Compensation& Cost A public authority can only ask for costs as prescribed in 23/IC(A)/2006 dated the Act and the Rules, and cannot ask for compensation 10.04.06 decision for their time and other costs incurred. no. 56 Deemed CPIO Custodian of information is deemed CPIO. Decision No. CIC/ OK/C/2006/00163 dated 26.03.07 Non-appearance of The first appellate authority had dismissed the appeal Decision No. CIC/ Appellant before before only on the grounds of non-appearance of WB/A/2007/00256 Appellate Authority appellant. Such grounds are not sufficient for dismissing dated 04.02.2008 the case under the RTI where it is optional for an appellant to appear even at the level of this Commission, after having filed his appeal / complaint. It would have been, therefore fitting for the first appellate authority to have taken a decision on the merits of the case, even where the appellant opt not to be present. Right of Hearing An appellant has a right to be heard by the first appellate CIS/ authority. AT/A/2006/00040 dated 27.03.06 decision no. 42 Show cause Show cause against CPIO to explain why fine not be Decision No. CIC/ imposed on him and also why the Commission should OK/A/2007/00282 not recommend disciplinary action against him for dated 25.09.2007 going against the spirit of the RTI Act and threatening an Appellant for lawfully resorting to the RTI. Disclaimer :The above inputs and comments are specific to the particular case and cannot be generalized. All the above inputs hold good for particular case till the time a different view is taken by CIC.

80 KaleidOSCOPE JULY, 2017 Right to Information Act – Issues and challenges

Aman Madan Advocate & RTI Expert Online RTI.com

he Right to Information government and its institutions to disclosure of information means that every citizen undertake. and its usage and applicability, has the right to be various developments raises a T After all, the public has a right to informed and aware of what is lot of hope that it could become going on in our country, to know know and the same has been laid a more potent and real tool about our government and it’s down in the Indian Constitution to be used by the public. This functioning. This right makes for as well. Every citizen contributes requires some careful planning an empowered and aware citizen and pays to the government and comprehensive thinking and who is enabled to raise questions through multiple forms. The moreover, will, on the part of and seek answers, for everything government is, therefore answ- the institutions and the public to that the government is doing (or erable to the citizens in all forms. make the RTI Act more effective. not doing). A citizen has therefore, every right to know how the money is being In 2016, the Centre for Law and In a democracy, as citizens, we spent, on what it is being spent so Democracy and Access to Info all have certain rights. Every on and so forth. RTI opens up the Europe, came out with its ranking citizen has the right to express methods and procedures adopted based on the quality of the Right themselves in the manner as by the government to the citizens. to Information Laws prevailing entitled to under our Constitution. in different countries across the A true democracy is based on It has been twelve years since the world. India was placed at the 5th the principles of transparency Right to Information has come position out of 111 countries that and accountability. A democracy into effect and it has had its share have similar existing law. works for the people and thus, the of ups and downs. The rankings were determined citizens have the right to know, There is an argument that even what is being done for them and on the basis of the following though the RTI Act has come a parameters how it is being done. long way in terms of opening up The Right to Information (RTI) the methods and procedures of S N. Section Points Act was enacted in 2005 with a government institutions, some 1 Right to Access 6 view to have an informed and institutions are averse to the 2 Scope 30 aware citizenry and to ensure idea of opening up act and this 3 Requesting 30 that there is transparency in the limits the scope of promoting Procedures way our government and its transparency and accountability 4 Exceptions and 30 Refusals institutions operate, in the long in the functioning of institutions. 5 Appeals 30 term as well as its day to day Lack of awareness of such a law 6 Sanctions and 8 affairs. The main rationale behind and how to use it effectively is also a major hurdle in the scenario Protections such legislation was to empower 7 Promotional 16 the people with a tool through of the right to information. Measures However, given the journey of which they could question and Total Score 150 know about the activities that the the enactment of the law related

KaleidOSCOPE July, 2017 81 Here are the top 10 countries

TOP 10 Points Mexico 136 Serbia 135 Sri Lanka 131 Slovenia 129 India 128 Albania 127 Croatia 126 Liberia 124 El Salvador 122 Sierra Leone 122 easy-to-use process. However, Establishment of a comprehensive there are certain hindrances training mechanism for dealing which restrict its easy usage with RTI Applications is the need BOTTOM 10 Points because of multiples rules and of the hour. Austria 33 policies. There are different Fourthly, the issue of protection Liechtenstein 39 rules across different authorities to whistleblowers and their Philippines 46 and departments under which Tajikistan 49 safety and security is an area of one can file a RTI Application. Iran 50 concern that needs immediate Add to this fact that these rules Jordan 53 attention. It is important that Germany 54 are easily not available and there are clear cut provisions for Kazakhstan 57 makes it a challenging task the protection of people who use Taiwan 58 for information seekers. These Dominican Republic 59 the RTI Act that leads to blowing factors create constraints in using the lid off any corrupt practices. this Act as the general masses Source: Global Right to Information We have often seen, especially Rating (www.rti-rating.org) find it in arduous task to locate in rural areas, that such people the department specific rules for There are some areas of concern are victimized and it imperative filing an application for seeking which, if addressed properly, upon the authorities to ensure information. Thus, it is very could go a long way in ensuring that whistleblowers not be important to have a uniform and the proper implementation and victimized against any vendetta standard set of rules for filing utilization of this tool of the right activities. Protection would an application as it will become to know by the citizens. prove as a confidence building more convenient and hassle free measure which would encourage Firstly, there is still a lack of for the applicant. more people to use the RTI to awareness about the RTI Act highlight irregularities and Thirdly, the inadequate exposure amongst the general masses. discrepancies in any government and awareness in the government People are still not adequately functioning. aware about the benefits of this departments in dealing with RTI Act especially at the grassroot Applications is an area of great RTI Act has had both positives level. Thus, it is imperative concern. Due to lack of proper and negatives. The time has come upon the government as well training and exposure to the to make it more comprehensive as the civil society to educate Public Information Officers (PIO) and effective by bringing the masses about the usage of and First Appellate Authorities about some effective changes this tool to empower them and (FAA), the quality of responses and amendments which are be aware about this important and information provided to practical and real and are not right. Educational and awareness applicants is also greatly affected. mere illusions or handouts. It campaigns on a mass scale It is important that the concerned is time to take some concrete should be undertaken to spread authorities should put greater action to remove irregularities the message about the RTI Act. emphasis and focus on building and discrepancies in functioning capacities in terms of knowledge of government institutions by Secondly, using the RTI of the Act and render regular making the Right to Information Act should be a simple and and proper training to officers. Act more comprehensive.

82 KaleidOSCOPE JULY, 2017 Dr. U.D. Choubey, Director General, SCOPE participated in the 106th session of the ILO Conference at Geneva, Switzerland.

DG, SCOPE Speaks in OECD Global Meeting at Dubai

Government of India for initiating large number of reforms including classification of PSUs into Maharatna, Navratna and Miniratna, listing of PSUs on Stock Exchanges, improving Corporate Governance, leadership qualities and appropriate succession planning etc. He advocated for well documented Ownership Policy for public sector enterprises.

DG, SCOPE concluded by saying that public sector enterprises n the invitation from on Corporate Governance of State in India have done better in the OECD, Dr. U.D. Choubey, Owned Enterprises (SOEs) held post liberalization era and also ODirector General, SCOPE in Dubai where large number of has successfully made headway spoke on Reforms taken in Public countries represented their State towards global competitiveness. Sector Enterprises in India. The owned Enterprises. Indian CPSEs have taken occasion was the OECD 2nd Corporate Social Responsibility Meeting of the Global Network Dr. Choubey complimented (CSR) in both letter and spirit.

KaleidOSCOPE July,July, 2017 83 SCOPE News

DG, SCOPE Meets Director General, ILO

Dr. U. D. Choubey, Director General, SCOPE met Mr. Guy Ryder, Director General, ILO during Annual International Labour Conference held in June 2017 at Geneva. DG, SCOPE briefed Mr. Guy Ryder about massive reforms taking place in India in all sectors of economy and highlighted the performance of PSEs. He also presented his latest book (The Last inning and Beyond).

Dr. U.D. Choubey, DG, SCOPE elected Member (Executive Committee) of India International Centre

Dr. U.D. Choubey, Director General, SCOPE once again has been elected as Member of the Executive Committee of the India International Centre (IIC). Dr. Choubey has made significant contribution in promoting excellence in public sector enterprises and has actively been associated with IIC.

84 KaleidOSCOPE JULY, 2017 SCOPE News SCOPE Celebrates International Yoga Day

SCOPE celebrated the International Yoga Day on Khan, Group General Manager, Corporate Affairs, 21st June, 2017. Mr. Ved Prakash, Chairman, SCOPE SCOPE was also present. Large many employees & CMD, MMTC inaugurated the celebration of of SCOPE and PSUs participated in the Yoga camp. International Yoga Day at SCOPE Convention On this occasion, Yoga guru Saurabh Samir from Centre by lighting of lamp. Dr. U. D. Choubey, DG, Munger Yoga Centre shared the benefits of Yoga SCOPE addressed and encouraged employees to and also demonstrated the exercises. practice yoga for healthy body & mind. Mr. S.A.

KaleidOSCOPE July, 2017 85 SCOPE News SCOPE - Academy of Public Sector Enterprises (APSE) conducts its Fifth Executive Development Program

COPE -Academy of Public Sector Enterprises (APSE) Ssuccessfully conducted its fifth Executive Development Program for CPSE Executives. The five day program commenced from 29th May, 2017 and concluded on 3rd June 2017. In his opening address to the participants, during the inaugural session on the first day, Dr U.D.Choubey, Director General, SCOPE apprised the participants the unique features of the SCOPE APSE Executive Development Mr. Ved Prakash, Chairman, SCOPE & CMD, MMTC presenting certificates to the participants of the 5th batch of the Executive Development Programme of SCOPE Academy of Public Sector Enterprises programs which provide a holistic (APSE) in presence of Dr. U.D. Choubey, Director General, SCOPE. view of the Public Sector and familiarize the participants with the challenges/ opportunities the Public started their career. Such instances participants felt highly motivated Sector provides. These supplement of rise in professional career are by the turnaround story of Bengal the in house programs conducted demonstrative of their impulsive Chemicals and Pharmaceuticals by respective CPSEs which mostly and relentless inner urge to excel Ltd. Mr Ashok Bhat, Director, impart customized training specific and make a career for themselves. Mindshare HR Consulting gave an to their own industry requirements. He said the nation has reposed overview of the program content APSE Programs, he said, would, immense faith in the Public Sector and design. While the behavioural besides augmenting the managerial and it is the moral responsibility of and soft skills part of the program skills, help in grooming the each CPSE employee to deliver. He were taken care by Mr Bhat and participants towards a bright future cited his own career graph, which his team the other sessions were and develop a talent pool within. began with very humble moorings taken by very eminent faculty This he said is extremely important and reaching to the top position in from academic institutions and in the context of the external a CPSE. He said that he never left domain experts from CPSEs. Prof. business environment becoming an opportunity that came along Sunita Singh Sengupta, Dean and highly competitive whether it is his way to pass by. He exhorted Professor, Faculty of Management Public Sector or any other sector and the participants to exhibit utmost Studies, University of Delhi, dealt acquiring cutting edge skills is the dedication and commitment in with history and key developments, only option. Mr. P. M. Chandriah, their work, maintain high levels role, categories and ownership in Managing Director, Bengal Che- of integrity both on personal CPSEs. micals & Pharmaceuticals Ltd. & professional fronts and fully Mr. Shantanu Roy, Executive was the Distinguished Guest of justify the confidence reposed by Director, GAIL (INDIA) Ltd. honour said there are immense the nation in them. Mr Chandriah threw light on Memorandum of opportunities to rise in the Public believed in always being good Understanding (MOU) system, Sector and drew attention to the fact and helpful to others and they will its historical antecedents and its those holding CEOs posts now were surely remember and would be of evolving architecture in CPSEs as also management trainees when they help at some point in future. The a system for strategic performance

86 KaleidOSCOPE JULY, 2017 SCOPE News accountability, and on setting of MOU Targets.

Dr. Ganesh Singh, Program Director, All India Management Association (AIMA), spoke on and gave a presentation on “Developing passion for work as core values for personal and organizational excellence”.

Mr. Sanjay Bhoosreddy, IAS, CVO, MMTC Ltd. discussed the role and responsibilities of CPSEs in effective implementation of RTI Act and functioning of Vigilance in CPSEs. Sinha, former CEO of the Institute of and impact. The third theme dealt Dr. Garima Dadhich, Assistant Company Secretaries of India dealt with the development of psycho Professor, Indian Institute of with the structure of CPSE boards, social capabilities and emphasized Corporate Affairs enlightened the procedures, their functioning in the the need for executives to enhance participants on the legal, institutional context of the Companies Act 2013 understanding of the self (self and administrative frame work of and also spoke on Corporate Social awareness) and others and using Corporate Governance in CPSEs. Responsibility policies and practices that understanding to effectively in CPSEs. manage people in the context Prof. Simrit Kaur, Professor of Public of interpersonal, team, decision Policy, Faculty of Management Mr.V. S. N. Rao, Additional General making and leadership processes. Studies, and University of Delhi Manager, MMTC LTD. took session discussed the impact of reforms on conduct, discipline and appeal The behavioral module was and liberalization and the emerging rules. delivered through a mix of case role, structure of the public sector Mr. Vilas Bhujang, former Executive studies, group exercises, simulations in the context of Globalization and Director of Airports Authority of and instrument based assessments. Competiveness. India, spoke on affirmative action Professor P. K. Chaubey, Sen-ior for the socially and economically Mr. Ved Prakash, Chairman, SCOPE Consultant, IGNOU and former backward and other weaker sections & CMD, MMTC, gave the certificates Professor Economics at the Indian of the society. of participation & interacted with the Institute of Public Administration participants along with DG, SCOPE. Mr. Ashok Bhat, Director, Mindshare familiarized the participants with The participants shared with them HR Consultancy Pvt. Ltd. took all the key features of the Constitution their impressions and their learning the sessions covered in ‘Behavioural of India, and took another session on from the six-day program. They felt module’. The behavioral module ‘Public Finance – Key Definitions’. that the participants’ feedback in of the program focused broadly on such programs is a very useful tool Mr. Ajay Shukla, Additional three themes critical to the success of in further improving the program General Manager, NTPC Ltd. spoke executives in the early phase of their content and design. The participants on “Project Management”. career. The first theme focused on from different CPSEs, who attended thoughtful choices executives need the program, appreciated the entire Dr. Sudhir Kapur, Additional to exercise to be able to successfully program and expressed that the General Manager, MMTC Ltd. make career transitions that help entire program content (Contextual enlightened the executives on them progress towards better and Behavioural Modules) was very the social economic and political integration with organizational informative and useful. developments and the impact they roles. The second theme highlighted have on international trade and the role executives play in the Ms Hema Koul, Program Coordi- financial markets. strategy execution process and in nator proposed vote of thanks at the In an another session CS Sutanu the measurement of its outcomes end of inaugural session.

KaleidOSCOPE July, 2017 87 Conference Facilities at SCOPE Convention Centre

The centrally air-conditioned SCOPE Convention Centre at SCOPE Complex, Lodhi Road, New Delhi provides excellent conference facilities to PSEs, Govt. Departments, Autonomous Bodies, Institutions/NGOs etc. The Auditorium and other Conference Halls are equipped with projector and screen facilities, sound & light control room with recording & P.A. facility, etc. Details of the capacity of the Auditorium and other Halls, which are available on nominal tariff are given below.

Auditorium The chamber having capacity of 92 persons (86 Nos. Chairs + 6 Nos. Chairs on Dias) equipped with mikes on dias, tables & podium.

Bhabha Chamber

The Auditorium having capacity of 310 persons (300 Chairs + 10 Nos. Chairs at stage) capacity equipped with mikes on dias and podium on stage.

Mirza Ghalib Chamber

The chamber having capacity of 44 persons (24 Nos. Chairs on round table and 20 Nos. Chairs on sides) equipped with mikes on dias, tables & podium.

Fazal Chamber

The chamber having capacity of 108 persons (102 Nos. Chairs + 6 Nos. Chairs on Dias) equipped with mikes on table, dias and podium.

Tagore Chamber

The chamber having capacity of 25 persons (15 Nos. Chairs on round table and 10 Nos. Chairs on sides) capacity with board room type sitting arrangement equipped with mikes.

88 KaleidOSCOPE JULY, 2017 Business Centre Annexe II

The Business Centre having capacity of 7 persons The Annexe-II having capacity of 25 Persons. equipped with multi point Video Conferencing System (1+3), at three locations at a time for National & International both. Tansen Chamber at UB

Banquet Hall

The Tansen Chamber having capacity of 50 persons having stage and podium. The banquet hall having capacity of 500 Persons for the purpose of lunch & dinner. Sitting arrangement could be done for 90 persons. Amir Khusro Chamber at UB

Annexe I

The Amir Khusro Chamber having capacity of 50 The Annexe-I having capacity of 25 Persons. persons having facility of stage and podium.

For Booking & Tariff details please contact Mr. M. L. Maurya, GM (Tech.) Mr. Nitin Kulshrastha, Asst. Manager, Engineering (Elect.) Mobile: 9313375238 Mobile: 9313989067 • Email: [email protected] STANDING CONFERENCE OF PUBLIC ENTERPRISES 1st Floor, Core No. 8, SCOPE Complex, Lodhi Road, New Delhi - 110003 Phone: 011-24311747, 011-24360101 • Fax: 011-24361371

KaleidOSCOPE July, 2017 89 Conference Facilities at SCOPE Minar Convention Centre SCOPE Minar, an architecturally conceived in the form of two high rise curvilinear tower blocks sitting on a four storey circular Podium Block, is strategically located in Laxmi Nagar District Centre, Delhi -110092 and housing around 40 PSEs of repute. It is one of the known buildings of East Delhi. It has a very size Reception Foyer giving ambience look inside the building. There is a green environment all around the SCOPE Minar with large size planters all around. The building is also having state of art Convention Centre, comprising four halls i.e.

Convention Hall Meeting Hall

A large sized Convention hall having sitting Meeting hall having “U” shaped table, with a capacity of 300 delegates. Various seminars, training meeting capacity of 65 delegates.Most widely used programmes, presentations, get to gather etc. are for small size meetings and training programmes, conducted in Convention Hall. It provides ambient group discussion, power point presentations etc. and peaceful environment for the programmes. SCOPE Academy of Public Sector VIP Lounge Enterprises

VIP Lounge having sitting capacity of 60 delegates. SCOPE Academy of Public Sector Enterprises The executives and higher level officers, Directors, (APSE) conducts induction level programmes for CMDs can use it as waiting lounge also. PSEs executives. It has three training halls, one with capacity of 40 persons and two halls with capacity of 30 persons each for training purpose. There is a wide space for vehicle parking that cater for a capacity of 700 cars, including the newly built good quality Banquet Hall wherein 300 delegates can comfortably dine at a time, makes it special to deliver an all-round conducive meeting environment .

For Booking & Tariff details please contact Mr. M. L. Maurya, GM (Tech.) (M) 9313375238 and Mr. Shubh Ratna, DCE(C), SCOPE Minar (M) 9873398242, (O) 011-22458176, 22458178 • Email: [email protected] • [email protected]

90 KaleidOSCOPE JULY, 2017 Scope Forum of Conciliation and Arbitration (sfca)

SCOPE had set up an Arbitration Cell known as of retired Judges of Supreme Court, High Court, SCOPE Fourm of Conciliation and Arbitration retired Secretaries, Joint Secretaries of Govt. of India a(SFCA) mainly to settle disputes between PSUs , Chief Executives, Directors and senior officials of and its associates . This was inaugurated on 9th Govt. of India and PSEs, besides Advocates and January, 2004 by Shri Santosh Gangwar, the then C.As and other professionals. Hon’ble Minister of State for Heavy Industries, The Forum has its own infrastructure with a Public Enterprises and Parliamentary Affairs, spacious Arbitration Hall having sitting capacity which was attended by the then Secretary, Ministry of 15 persons with all the modern facilities such as of Heavy Industries and Public Enterprises, Joint projector for live projection of record of proceedings Secretary, DPE, CMDs and other senior officers of on a large screen with free service of mineral water, Govt. of India and PSUs. tea/coffee and biscuits. High tea and lunch can also SFCA has framed its own rules prescribing be arranged by the Forum on request in advance consolidated fee structure and expenses with at the cost of the parties by authorised caterer of the assurance that arbitration proceedings shall SCOPE. be completed in the shortest possible time and PSUs are requested to advise the concerned shall be more economical in comparison to other officials to avail facilities of the Forum and refer institutions. A panel of expert Conciliators and cases to SCOPE Forum of Conciliation and Arbitrators has also been drawn which consists Arbitration(SFCA).

For further details please contact For booking and tariff details please contact Mr. M.L. Maurya Ms. Anita Kapoor Mr. S. K. Sharma General Manager (Technical) Manager (SFCA) (M) 9891781484, 24365739 Mobile No.9313375238. (M) 9810648197, 24360559 e-Mail: [email protected] e-Mail: [email protected]

STANDING CONFERENCE OF PUBLIC ENTERPRISES 1st Floor, Core No. 8, SCOPE Complex, Lodhi Road, New Delhi - 110003 Phone: 011-24311747, 011-24360101 • Fax: 011-24361371

KaleidOSCOPE July, 2017 91 92 KaleidOSCOPE JULY, 2017 PSEs Declare Results

Mr. B. Ashok, the then Chairman, IndianOil outlining achievements across IndianOil’s key performance parameters in his address to the media at the Corporation’s Annual Press Conference.

IndianOil reports highest ever total generation was 250.314 Billion Units as against 241.977 Billion Units generated in the previous profit of Rs 19,106 cr. year, an increase of around 3.45 percent. During the FY2016-17, NTPC Coal stations achieved PLF IndianOil posted a net profit of Rs. 19,106 cr. of 78.59 percent as against National PLF of 59.88 for the financial year 2016-17 as compared to a percent. Further, during the 4th quarter, Coal profit of Rs.11,242 cr. in the last fiscal. The income stations, Gas stations & Hydro Stations clocked from operations for the financial year 2016-17 availability factor of 91.62 percent,93.49 percent & was Rs. 4,45,373 cr. as compared to Rs. 4,06,828 106.37 percent respectively. cr. in 2015-16. The audited financial results of IndianOil were approved at the meeting of the The Company registered over 10 percent increase Board of Directors held recently. IndianOil’s in the total income. The total income is Rs. 79,342.30 income from operations was Rs.1,22,285 cr. Cr. as against Rs. 72,009.16 Cr. reported in the in Q4 FY 16-17 as compared to Rs. 98,719 cr. previous year. For the FY 2016-17, audited profit in the corresponding quarter of 2015-16. Profit before exceptional items and tax is Rs. 13,170.85 for the last quarter of 2016-17 is Rs. 3,721 cr. as Cr. as against Rs. 10,595.77 Cr. for FY 2015-16, compared to Rs. 2,006 cr. in the corresponding registering an increase of ~ 24.30 percent. The Profit quarter of 2015-16. After Tax of FY 2016-17 was Rs. 9,385.26 Cr.. The The Board of Directors recommended a final unaudited total income for the Q4 FY 2016-17 is Rs. dividend of 10percent (Rs. 1 per share). This is in 20,886.85 Cr. as against the unaudited total income addition to Interim Dividend of 180percent (Rs. of Rs. 18,732.41 Cr. in the corresponding quarter of 18.00 per share) paid during the year. FY 2015-16, registering an increase of 11.50 percent. For the Q4 FY 2016-17, unaudited profit before For the last quarter of 2016-17, IndianOil’s exceptional items and tax is Rs. 3,790.90 Cr. as product sales volumes, including exports, was compared to Rs. 3,648.31 Cr. in the corresponding 21.100 million tonnes. The refining throughput quarter of previous year registering an increase of was 17.087 million tonnes in Q4 FY 16-17 and the 3.91 percent. throughput of the Corporation’s countrywide pipelines network was 19.843 million tonnes The Board of Directors has recommended Final during the same period. The gross refining margin Dividend for the FY 2016-17 at the rate of ¬¬¬21.70 (GRM) for the last quarter of 2016-17 was US$ 8.95 percent (Rs. 2.17 per share) on the face value of per bbl as compared to US$ 2.99 per bbl in the paid-up equity share of Rs. 10/- each, subject to the corresponding quarter of 2015-16. approval of shareholders in the Annual General Meeting scheduled to be held in September 2017. NTPC Surges Ahead-Profit The Company had paid Interim Dividend at the rate of Rs.26.10 percent (Rs. 2.61 per share) in February Before Tax up 24.30 percent 2017. Thus, total dividend for the Financial Year NTPC Ltd. generated additional 8.339 Billion Units will be 47.80 percent of the paid-up capital of the to cross 250 Billion Units mark in fiscal 2016-17 Company i.e Rs.4.78 per share. This is the 24th against back drop of declining national PLF, . The consecutive year for payment of dividend.

KaleidOSCOPE July,July, 2017 93 GAIL’s PAT up 57 percent in FY respectively, LPG Transmission volume was up by 19 percent while Liquid Hydrocarbon Sales went 2016-17 year-on-year, touches Rs up by 2 percent. 3,503 cr During the year 2016-17, as per consolidated financial statements, the total group sales (Gross) GAIL (India) Limited registered a 57 percent rise in stood at Rs. 49,237 cr. and the Group PAT was Rs. Profit after Tax for the Financial Year 2016-17 with 3,374 cr.. CGD group companies (IGL, MGL, GAIL the PAT increasing to Rs 3,503 cr. from Rs 2,226 cr. in GAS) and PLL have continued to add to the group the last fiscal. The rise in profit was boosted largely profit. by a turnaround in the Company’s Petrochemical business, increase in profits from Gas Transmission However, ONGC Petro Additions Ltd. and business and partial sale of stake in Mahanagar Gas Brahmaputra Cracker and Polymer Ltd., being in Limited (MGL), despite lower price realisation in their first year of operation and under stabilisation Polymer and Liquid hydrocarbons. These results did not positively contribute to the Group bottom line. Taking together the impact, EPS as per are after considering impairment of Investment in consolidated statement was Rs. 19.91 per share as Ratnagairi Gas and Power Pvt. Ltd. (RGPPL) in 4th against Rs. 11.05 per share in the previous year. quarter of FY 2016-17 for Rs.783 cr.. SAIL achieves 14 percent improve- ment in sales turnover; Trims losses by 30 percent in FY 17

Management’s intensive focus on operational excellence retains SAIL EBIDTA positive in all four quarters of FY17. The audited financial results of Steel Authority of India Ltd. (SAIL) for the financial year 2016- 17 (FY17) were taken on record by the Board of GAIL’s Press Conference. Directors recently. Management’s continual thrust on gaining operational excellence has led SAIL GAIL’s PAT excluding non-operating one offs (i.e. to remain EBIDTA positive for four consecutive gain from stake sale in MGL and impairment of quarters, which stood at Rs 671.6 Cr. vis-à-vis Rs (-) 2,203 Cr. over corresponding period over last Investments in RGPPL) is Rs 3,797 cr., an increase of year (CPLY) recording an increase of Rs. 2875 Cr.. 71 percent year-on-year (yoy). The Company has narrowed down its losses by The Board has proposed a final total dividend of Rs. around 30 percent in FY17 and recorded an overall improvement including production, sales and 2.70 per share (subject to approval of shareholders) productivity. making the total dividend for the year Rs. 1,535 cr., up by 120 percent as compared to FY 2015-16. The The Company’s sales turnover recorded an earning per share is also up by 57 percent to Rs. improvement of around 14 percent in FY17 and 20.71 per share on increased paid-up equity. During stood at Rs 49,180 Cr. compared to Rs 43,294 Cr. FY 16-17, GAIL also issued Bonus share in ratio of over CPLY. SAIL recorded the best ever sales performance, for any given year, during FY 17 with a one bonus share for every three equity shares held. growth of 8 percent over CPLY. The total sales stood The Company registered growth in physical at 13.11 Million Tonnes (MT) in FY17 as compared to 12.12 MT in FY16. On the production front as performance in FY 2016-17 in all segments on year- well, the Company recorded a growth of 12 percent on-year basis. Sale of Petrochemicals was up by 73 in saleable steel production for FY17 over FY16. The percent, Natural Gas Marketing & Transmission techno-economic parameters showed improvement volumes rose by 10 percent and 9 percent

94 KaleidOSCOPE JULY, 2017 in FY17 of 3 percent in Coke rate and 6 percent in BF 2016. Interest Coverage Ratio has improved to 1.64 productivity over CPLY. The Profit After Tax (PAT) percent as at 31 March 2017 as against 1.56 percent narrowed to Rs (-) 2,833 Cr., an improvement of 30 as at 31 March 2016. The Authorised Capital of the percent, over CPLY which stood at Rs (-) 4,021 Cr. Company as at 31 March 2017 is Rs. 5,000 cr.. in FY16. Speaking on the occasion, Chairman, SAIL, Mr. P.K. Singh said, “The Company’s uninterrupted efforts to achieve operational excellence has helped Petronet LNG earns highest us become EBDITA positive for the fourth time ever profit of Rs.1,706 Cr. for in a row. Despite the sharp hike in imported and domestic coal prices, which has also neutralized the FY 2016-17 NSR gains, we have managed to compress the loss. During the FY 2016-17, Petronet LNG’s There is an improvement in the performance on all Dahej Terminal processed highest ever LNG accounts.” quantities of 714 TBTU, which is 26 percent above the LNG quantities process in FY 2015-16, i.e. 566 REC posts its Highest Ever TBTUs and operated at 106 percent of its average increased nameplate capacity. The overall quantities Annual Profit of Rs. 6,246 Cr. processed by the Company in FY 2016-17 was Rural Electrification Corporation Ltd. (REC) 728 TBTU as compared to 580 TBTU processed in announced its financial results for the quarter and 2015-16. year ended 31st March 2017 in a meeting held recently. The Company registered the highest ever profit The Total Income of the Company for the year ended of Rs 1,706 Cr. in the FY 2016-17, which stood at 31 March 2017 has risen to Rs. 24,096 cr. as against Rs 913 Cr. in the corresponding period, witnessing Rs. 23,757 cr. in the previous corresponding year. a growth of 87 percent. The Company has reported The Profit before Tax (PBT) for the year is Rs. 8,861 profit after tax of Rs 471 Cr. in the current quarter cr. : an increase of 10 percent over the corresponding which is the highest ever profit in a quarter last year. The company has registered an increase and is an increase of 92 percent over the of 11 percent in Profit after Tax (PAT) over the corresponding quarter (i.e. Rs 245 Cr.). The significant increase in profit over the corresponding quarter ended 31st March, 2016 and corresponding FY 2015-16 respectively, is due to higher volumes processed because of the increase in the Regasification capacity, post expansion of the Dahej Terminal and better efficiency achieved in the operations. The Company made an investment of Rs 75 Crore (approx.) for 26% equity in the India LNG Transport Company No (4)Pvt Ltd (Vessel named Prachi)in the current quarter. The Company has created a wholly owned subsidiary company in the name of Petronet LNG Foundation (Not For Profit Company) to further the CSR initiatives of the Company. The Board of Directors has recommended a bonus issue of 1:1 and an increase corresponding last year, which stands at Rs. 6,246 in the Authorised Capital of the Company from Rs cr. The Net worth of the company has increased 1,200 Crore to Rs 3,000 Crore, subject to the approval to Rs. 33,326 cr. registering a growth of 16percent of the shareholders. over the corresponding last year. Loan Book of the company has increased to Rs. 2,01,929 cr. and the The Board of Directors has also recommended a outstanding borrowings is Rs. 1,67,517 cr. as on 31 dividend of Rs. 5.00 per equity share of Rs 10 each March 2017. Gross NPAs stand at 2.41 percent as at (50.00%) for the year 2016-17 subject to the approval 31 March 2017 as against 2.11percent as at 31 March of the shareholders.

KaleidOSCOPE July,July, 2017 95 BHEL Regains Growth BHEL has also forayed as a co-developer into power generation with the commencement of commercial & Profitability operation of the first 800 MW unit at its Yeramarus Surpasses 12th Plan Capacity Addition TPS (2x800 MW) - a joint venture with equity contribution from KPCL, BHEL and IFCI. Target ; Wins largest-ever export order BHEL secured orders worth Rs.23,489 Cr. during 2016-17 in its power, industry and export segments. This was achieved despite subdued business environment and global economic uncertainties. The company ended the year with a total order book of over Rs.1,05,200 Cr.. A major highlight of the year was the largest ever export order, valued at US$1.5 billion (Rs.10,000 Cr.), for setting up 1,320 MW (2x660 MW) Maitree Super Thermal Power Project in Bangladesh. Significantly, won against stiff international competitive bidding, this is BHEL’s largest power project order in the international market.

Mr. Atul Sobti, CMD, BHEL During 2016-17, BHEL also secured maiden export orders from Benin, Togo, Chile and Estonia, expan- ding its global footprint to 82 countries across all the six continents. Bharat Heavy Electricals Limited (BHEL) has achieved double digit growth in its topline and Leveraging its experience of over three decades bounced back into profit in fiscal 2016-17, ending in Solar PV (SPV), the company is capitalising the year with significant traction in growth drivers. on emerging opportunities in the segment. During the year, BHEL set a new record in During the year, BHEL recorded a turnover of its Solar PV business, by supplying 176 MW of Rs.28,840 Cr., up 11 percent over the previous SPV modules in a single year, marking a significant year - after reversing the trend of negative topline contribution to the nation’s green initiatives. growth prevailing for the last three years. BHEL has also enhanced its annual manufacturing The company also returned to profitability with a capacity of solar cells to 105 MW and solar Profit Before Tax (PBT) of Rs. 628 Cr., compared to modules to 226 MW during the year. In addition, a loss of Rs.1164 Cr. (IND-AS restated) in the last the company also made a breakthrough by winning fiscal. Net Profit (PAT) stood at Rs. 496 Cr., against the highest SPV power plant orders for 131 MW a net loss of Rs.710 Cr. (IND-AS restated) in the including single largest order of 65 MW from NLC previous year. India Ltd. Notably, enhanced focus on project execution has During the year, BHEL-built thermal power resulted in BHEL achieving a capacity addition of generating sets generated an all-time high 549 45,274 MW during the 12th Five Year Plan period Billion Units of electricity which was 58.2 percent (2012-17), surpassing the target of 41,661 MWset of the total thermal power generated in the country. by the government for BHEL, by 9 percent. With BHEL-built thermal sets continued to demonstrate this, BHEL continues to remain the single largest world-class performance. 20 sets registered Plant contributor to the country’s power generation Load Factor (PLF) of over 90 percent and 56 sets capacity addition. between 80 percent-90 percent. Significantly, 219 During the year, BHEL commissioned/synchronized BHEL-make coal-based sets achieved an Operating 8,539 MW of power generating equipment. With Availability (OA) of more than 90 percent. 161 this, the company’s installed power generating BHEL make coal-based sets clocked uninterrupted capacity has gone up to 178 GW, across the world. operation of more than 90 days. BHEL-built nuclear

96 KaleidOSCOPE JULY, 2017 sets achieved a PLF of 77.5 percent and an OA of of 38.10 Lakh MT with a capacity utilization of 78.9 percent. 118 percent. This accounts for 15.5 percent share Hindustan Copper Improves of the total Urea production in the country. NFL’s contribution shall immensely help to reduce the Performance import of Urea. The financial performance of Hindustan Copper With a record sale of 37.58 Lakh MT of Urea, 2.14 Limited through the year 2016-17 has improved Lakh MT of imported DAP and 3400 MT of imported substantially in spite of adverse market conditions. Bentonite Sulphur, the company has achieved a Celebrating its silver jubilee year, the Company has total fertilizer sale of over 39.75 Lakh MT, which is registered an increase of 63 percent in Profit after the best-ever sales performance of the company. The Tax (PAT) from Rs 37.97 cr. to Rs 62.17 cr. in the FY company has also done a record sale of Rs. 190 cr. 2016-17. of industrial products this year recording a growth of around 49 percent over the sale in previous year. The Copper sales volume has shot up by 20 percent to 28,888 tonnes compared to 24,112 tonnes in In addition to it’s core business, the Company also corresponding period last year. Overall, compared entered into joint ventures and imports, which gave to last year, during FY 16-17, the turnover has impetus to profits. The Company has also initiated registered a growth of 14 percent from Rs 1068.95 Seed Multiplication Programme for production of cr. to Rs 1216.94 cr.. certified seeds in NFL’s own brand name, ‘Kisan’ and sold 8,300 quintals of certified seeds of wheat Considering the capex requirement in coming during Rabi 2016-17. years, the Board has declared a dividend to its shareholders at the rate of 30 percent of the PAT The incredibly good performance was accomplished from continuing and discontinuing operation. by meticulous planning, sustained operation of plants and strategic planning of marketing activities. During the year, the Company expects significant progress in mine development activities as a NALCO’s Q4 net profit registers Mine Developer and Operator agency has been 25.23 percent growth over appointed to develop Banwas mine at Khetri.Also, Environment and Forest clearances have been Q4 of previous fiscal obtained for its mines at Kendadih and Rakha Weathering sluggishness in the metal market and for re-opening projects located in Ghatsila, across the globe, fluctuating prices in the LME and Jharkhand.The Company’s flagship project of mine increase in input costs of raw materials, National expansion at Malanjkhand underground mines is Aluminium Company Limited (NALCO) has also being commissioned successfully. been riding on its overall growth in production, improving productivity and sales performance to HCL’s focus in the next fiscal would be to expedite register a profit in the 2016-17 fiscal. the expansion programme and ramp up production from Gujarat Copper Project at Bharuch in the According to the audited financial results for 2016- minimum possible time. 17, taken on record by the Board of Directors in NFL records net profit of a meeting held recently, during the 4th quarter NALCO has registered a growth of 25.23 percent Rs. 207 Cr. during 2016-17 with a net profit of Rs. 268 cr. as against Rs 214 cr. National Fertilizers Limited (NFL), reported during the corresponding quarter of the previous Profit Before Tax of Rs. 325 cr. for the year 2016-17 fiscal. The figure also represents an 86 percent recording an increase of 13 percent over 2015-16’s jump over the net profit of Rs.144 cr. reported in PBT of Rs. 288 cr. the preceding quarter. Overall, during 2016-17, the company has posted a net profit of Rs. 669 The company also earned a net profit of Rs. 207 cr., compared to Rs. 787 cr. achieved during the cr. for the financial year. During the year, the previous year. The gross turnover of the company Company recorded ever highest Urea production during 2016-17 has been Rs. 7933 cr..

KaleidOSCOPE July,July, 2017 97 Awards & Accolades to PSEs

Raksha Mantri’s Awards for Nbcc Cmd Conferred Performance Excellence and Apea Awards 2017 Innovation Bharat Dynamics Limited (BDL) has been conferred with Raksha Mantri’s Institutional Award for Excellence in Performance for the year 2014 – 15 and Group / Individual Award in Innovation category for the year 2014 - 15. BDL has achieved a record turnover of Rs 4,872 Crore in 2016 -17 and a Compound Annual Growth Rate of 39.89 percent over the last three years. The Award for Excellence in Performance was presented to Mr.V. Udaya Bhaskar, CMD, BDL and Mr. V. Gurudatta Prasad, Director (Production), In a function held in New Delhi recently, Dr. BDL by Union Minister for Defence, Finance and Anoop Kumar Mittal, CMD, NBCC (India) Ltd. Corporate Affairs, Mr. Arun Jaitley at Manekshaw was awarded Asia Pacific Entrepreneurship Centre, New Delhi recently. Awards 2017 under the Construction Industry Group/Individual Award for Innovation category segment (Individual Category) in recognition of was presented to Mr. K. Diwakar, Director his exemplary contribution in the growth of the (Technical),BDL, Mr. M. Sreedhar Rao, Additional Company and also in the field of the Construction General Manager (Design & Engineering), BDL Industry as a whole. This prestigious award and team by the Union Minister in New Delhi bestowed upon him demonstrates his leadership, recently. The Innovation Award has been conferred dedication and commitment to make NBCC a world in recognition of the innovative efforts in the Design class construction organization. and Development of Amogha - I Anti-Tank Guided Missile by the Design & Engineering Division of the BEL wins six Raksha Company. Mantri’s Awards Bharat Electronics Ltd (BEL) won six of the prestigious Raksha Mantri’s Awards for Excellence for the years 2014-15 and 2015-16. Mr M. V. Gowtama, CMD, Directors and other senior officers of BEL received the awards from Mr. Arun Jaitley, Raksha Mantri, and Mr Subhash Bhamre, Raksha Rajya Mantri, at a ceremony organised in New Delhi recently.

Here are the six awards won by BEL: Raksha Mantri’s Group/Individual Award for “Indigenisation” for the year 2014-15 under the Mr. V. Udaya Bhaskar, CMD, BDL and Mr. V. Gurudatta Prasad, category On Order Projects for Doppler Weather Director (Production), BDL receiving the award for Excellence in Performance for the year 2014-15 from Union Minister for Radar (S Band Doppler Weather Radar & C Band Defence, Finance and Corporate Affairs, Mr. Arun Jaitley in Polarimetric Doppler Weather Radar) developed New Delhi. by the Development & Engineering (D&E) Division

98 KaleidOSCOPE JULY, 2017 OIL Bags Golden Peacock National Training Award and Golden Globe Tigers Award 2017 Oil India Limited (OIL) recently bagged the Golden Peacock National Training Award 2017 and Golden Globe Tigers Award 2017 for Industry excellence in Training. While the Golden Globe Tigers Award was conferred to OIL for Learning & Development (L&D) Department’s initiative under “Best Development Programme in Public Sector for Workers” (Excellence in Training and Development), the Golden Peacock National Training Award 2017 Mr. M. V. Gowtama, CMD, BEL, and Mr. Girish Kumar, Director was given for OIL’s efforts in the field of innovative (Bangalore Complex), BEL, receiving from Mr. Arun Jaitley, Leaning & Development. Raksha Mantri of the Naval Systems 2 (Radar Systems & Fire Control Systems) Strategic Business Unit (SBU), BEL-Bangalore.

Raksha Mantri’s Group/Individual Award for “Design Effort” for the year 2014-15 under the category On Order Projects for LYNX U2 Naval Gun Fire Control System developed by the D&E Division of Naval Systems 2 SBU, BEL-Bangalore, for the Indian Navy.

Raksha Mantri’s Institutional Award for “Best Performance in Export” for the year 2015-16.

Raksha Mantri’s Best Performing Division/Factory/ Team Oil India Limited Golden Globe Award. Shipyard Award for the “Best Performing Division” among DPSUs for Naval Systems 2 SBU, BEL- Bangalore, for the year 2015-16. The Golden Peacock National Training Award 2017 was given away during India’s Dubai Global Raksha Mantri’s Group/Individual Award for Convention 2017 in Dubai by Sheikh Nahyan bin “Indigenisation” for the year 2015-16 under the Mubarak Al Nahyan, Cabinet Member and Minister category On Order Projects for the Light Weight of Culture and Knowledge Development, Govt. of Portable Laser Target Designator developed by the UAE, among others dignitaries, to Mr. B. P. Sarma, D&E Division of BEL-Pune. RCE, OIL and Mr. R K Talukdar, GM (L&D), OIL and Lt. Gen. J. S. Ahluwalia, PVSM (Retd.), President, Raksha Mantri’s Group/Individual Award for Institute of Directors, India. “Design Effort” for the year 2015-16 under the category On Order Projects for the Test Bed for The Golden Globe Tigers Award was given to Automated Air Defence Control and Reporting OIL at Golden Globe Tigers Awards Night 2017 System (ADC&RS) developed by the D&E organised at Pullman City Centre Hotel and Division of Network Centric System (NCS) Group/ Residences, Kuala Lumpur, Malaysia. OIL won Air Defence Control and Reporting System/ from among 214 applicants, including SMEs, public, NSC SBU of BEL-Ghaziabad, for the field force of private, government enterprises and NGOs for the the Indian Army. year 2017.

KaleidOSCOPE July, 2017 99 PSEs Ink MoU

MCL signs Rs. 5 Cr. MoU at a cost of Rs 5 crore under Corporate Social Responsibility (CSR). with ALIMCO In this regard, MCL signed a Memorandum with ALIMCO (Artificial Limb Manufacturing Corporation of India), for providing aids and appliances to needy people with orthopaedic disability in its four operational districts in Odisha. The MoU was signed recently by Mr. A. K. Pandey, General Manager , CSR, MCL and Mr. R. K. Mathur, DGM and In-charge AAPC-Bhubaneswar, ALIMCO in the presence of Mr D. R. Sarin, CMD, ALIMCO, Kanpur and Mr B. B. Mishra, General Manager, Civil, In-charge MCL Office, Bhubaneswar. Nalco inks MoU with Government setting Higher Tar- gets Mr. A. K. Pandey, General Manager (CSR), MCL and Mr. R. K. National Aluminium Company Limited (Nalco) Mathur, DGM and In-charge AAPC-Bhubaneswar(ALIMCO) signed an MoU with the Ministry of Mines, Govt. with Mr D. R. Sarin, CMD, ALIMCO after signing MoU. of India setting higher targets in production, productivity, turnover and CAPEX for the FY Around 10,000 needy people with orthopaedic 2017-18. The MoU was signed between Mr. Arun disabilities in Angul, Jharsuguda, Sambalpur and Kumar, Secretary, Ministry of Mines and Dr. Tapan Sundargarh of Odisha will be provided aids and Kumar Chand, CMD, Nalco in New Delhi recently. appliance by Mahanadi Coalfields Limited (MCL) Secretary, Mines complimented the management

Mr. Arun Kumar, Secretary, Ministry of Mines and Dr. Tapan Kumar Chand, CMD, Nalco at the MoU signing in New Delhi

100 KaleidOSCOPE JULY, 2017 in NALCO for the excellent performance of the company in 2016-17 and its robust business plan for 2017-18. The MoU was formulated as per the new Department of Public Enterprise guidelines and finalized after discussions with both Inter- Ministerial Committee as well as Ministry of Mines. Mr. Subash Chandra, Joint Secretary, Ministry of Mines, and other senior officials of Ministry and Nalco were present on the occasion. REC sanctions Rs.10,453 Cr. and signs MoUs worth Dr. P.V. Ramesh, IAS, CMD, REC during the MoU signing Rs. 85,723 Cr. ceremony with Mr. Thangamani, Minister of Electricity, Govt. REC signed MoUs with TANGEDCO and of Tamil Nadu and Principal Secretary (Energy), Govt. of Tamil TANGEDCO and TANTRANSCO for financial Nadu. assistance of Rs. 60,063 cr. and Rs. 25,660 cr. respectively in the presence of Mr. Thangamani, the Sanction letter for Rupee Term Loan (RTL) of Minister of Electricity, Govt. of Tamil Nadu and Rs.10,453 cr. for implementation of 2x660 MW Principal Secretary (Energy), Govt. of Tamil Nadu Udangudi Super Critical Thermal Power project recently at Chennai. The financial assistance is during the ceremony. towards Implementation of various Generation, Transmission and Distribution projects in the State CMD and Directors of TANGEDCO and TANT- of Tamil Nadu during the next five years. Dr. RANSCO lauded REC for their support in P.V. Ramesh, IAS, CMD, REC also handed over development of power sector in the state.

BHEL commissions 3 MW Solar Photovoltaic (PV) Power Plant

harat Heavy Electricals Corporation Limited, at Velugam. and Modules at its units in Limited (BHEL) has Bengaluru. Space grade solar Significantly, BHEL is presently commissioned a 3 MW panels using high efficiency B executing Solar PV projects Solar PV Power Plant in the Union cells and space grade Battery of about 180 MW for various Territory of Dadra and Nagar customers. BHEL offers EPC panels are manufactured at its Haveli. The Solar PV Power solutions for both off-grid and Electronics System Division, Plantwas recently inaugurated by grid interactive Solar PV power Bengaluru. BHEL is one of the few the Prime Minister of India, Shri Plants and has set up solar plants companies in India whose solar Narendra Modi. in various locations in India business is backed by a dedicated BHEL has executed this project including the Lakshadweep R&D team at the company’s on turnkey basis for Dadra and Islands for island electrification. Amorphous Silicon Solar Cell Nagar Haveli Power Distribution BHEL manufactures Solar Cells Plant (ASSCP) in Gurugram.

KaleidOKaleidoSCOPEscop July,e July, 20172017 101 PSEs CSR Initiatives

AAI Flags off the Ambulance service

CEL’s Project under its CSR Programme.

Dr. Guruprasad Mohapatra, IAS, Chairman, AAI flagging off one Traveller Ambulance with Advanced Life Support Systems (ALS) for Longding District, Arunachal Pradesh. CEL has done yeoman services to the nation in the area of Rural Development through solar energy Airports Authority of India committed to deliver and has successfully implemented a number its Social Corporate Responsibility, has provided of Govt. programmes for provision of home an Ambulance Service with Advanced Life Support lighting systems, street lighting systems as well Systems (ALS) for Longding District of Arunachal as community facilities including entertainment Pradesh with an objective of strengthening the facilities and primary health service (facilities) in health services in the remote North-East Region remote areas of the country including Chhatisgarh, under Airports Authority of India’s CSR Initiatives. remote areas of Assam, Jharkhand, Ladakh etc. Dr. Guruprasad Mohapatra, IAS, Chairman, AAI In recent years, CEL has brought solar energy while flagging off the ambulance service said that, to the reach of almost 10,000 beneficiaries in “The ALS ambulance shall definitely bring a big remote villages of Rajasthan & Bihar under CSR relief to the patients coming from far off places and programmes of leading PSUs. CEL has also recently will be a great support to the Primary Health Centre commissioned micro grids in two villages in Gaya facility in the Longding District of Arunachal district of Bihar under another CSR programme Pradesh. along with provision of solar water pumping AAI, has in the past provided similar ambulance system on an innovative entrepreneur driven facilities to the Primary Health Centre at Pakyong, revenue model along with drip irrigation system. Sikkim, and also to Dr. Shakuntala Misra National In another CSR project for a leading PSU, CEL Rehabilitation University, Lucknow and Primary had provided 1500 number solar home lighting Health Centre at Udaipur, Rajasthan.” systems along with mobile charging facilities and equal number of solar lanterns to villagers CEL services to the Nation of Leh and Kargil. in Rural Development through Other projects taken up by CEL in recent years, for solar energy various PSUs and Govt. agencies include: Provision Central Electronics Limited (CEL) has pioneered of 1500 home lighting systems along with mobile in development of Solar PV in the country and has charging facilities and provision of Television and the distinction of having manufactured India’s first R.O systems for three village panchayat samitis in Solar Cell in 1977 and first Solar Panel in 1978 and Jaisalmer (Rajasthan). has also set up India’s first Solar Power Plant in 1992.

102 KaleidOKaleidOscSCOPEope May, JULY, 2017 2017 Provision of 1400 home lighting system along with (WISE)-Sister Judith, Village headman and a few street lighting and charging points in Mehsana other NRL officials. (Gujarat). NRL’s CSR Venture on Pilot project for new type of home lighting systems in 8 states of the country. skilling youths yields results NCL extends helping hand to a school for children with special needs Ms. Radha Kotturi, President, Sampda Mahila Samiti provided a month supplies of stationery, items of daily use and groceries in Vasudha Kalyani Divyaang Vidyalaya, Ambedkar Nagar, Sonebhadra. The team spent time with children and had an elaborate conversation. Ms. Kotturi, encouraged children to channelize all efforts and energies towards attainment of their goals. School Ms. Wansuk Syiem, MP ,Rajya Sabha, Meghalaya , Mr. management thanked Team Mahila Mandal for Bruno Ekka, GM-Mktg. & BD, NRL and NRL officials in Thangsning village their support and anticipated continued help on similar lines. Under NRL’s CSR program focusing on skill NRL sponsors training on development of beneficiaries, 30 youths from the vicinity of Refinery are currently undergoing a Candle making in Meghalaya 6-month training on Ayurveda Panchakarma at the Santhigiri-NRL Institute of Paramedical Sciences in Guwahati inaugurated by Chief Minister of Assam, Mr. Sarbananda Sonowal in the month of January 2017.

Members of Sampda Mahila Samiti ,CWS Jayant providing supplies of daily use items, stationery and groceries to school of children with special needs

Numaligarh Refinery Ltd. has embarked on a mission of training the youth of North East states Students from Santhigiri-NRL Institute of Paramedical Sciences in candle making and supporting them in setting up of self sustaining candle making units. Towards this end, a training program was inaugurated recently Good results of this noble endeavor is already by MP (Rajya Sabha), Meghalaya-,Ms. Wansuk evident as 12 students out of the above batch of Syiem in Thangsning village located at the outskirts 30 from the Institute have been appointed as of Shillong. Also present on the occasion were Panchakarma Attenders at the All India Institute of GM(Mktg. & BD) NRL, Mr. Bruno Ekka; Liaison Ayurveda, New Delhi under the Ministry of AYUSH, Officer to MP, Ms. L N Jyrwa; Executive Director, Govt. of India, to be subsequently upgraded as per Women for Integrated Sustainable Empowerment their experience.

KaleidOKaleidoSCOPEscop July,e May, 20172017 103 REIL installs Solar Power Plant ceiling fans and 12W x 75W Solar LED Street Lights at the primary school and streets of the village and Solar LED Street Lights Chimanpura (Dhab Ka Nalla), Jaipur. This Solar Power Plant was handed over by Mr. A. K. Jain, MD, REIL in the presence of District Governor Mr. Ramesh Chaudhary, Rotarian Dr. Sudhir Calla and Prof. Ravindra Nagar, MNIT Jaipur recently. Chimanpura, Dhab Ka Nalla is an under privileged village which has also been selected by MNIT Jaipur for skill up-gradation and infrastructure development activities under Unnat Bharat Abhiyaan of Government of India. The primary school in the village, established 25 years back Mr. A. K. Jain, MD, REIL , District Governor ,Mr. Ramesh and only 17-18 kms from Jaipur city on National Chaudhary, Rotarian, Dr. Sudhir Calla and Prof. Ravindra Highway to Delhi, does not have a Grid Power Nagar, MNIT Jaipur at the Solar Power Plant built by REIL. Connection. Understanding the basic need of electricity for the students and villagers, Solar Power Rajasthan Electronics & Instruments Limited (REIL) Plant and Solar LED Street lights were installed by executes several Corporate Social Responsibility REIL in the school and at village streets for the up- (CSR) activities for the underprivileged section of gradation of the village so that the students can the society under which, REIL recently installed a study and the villagers can complete their routine 1.12 kWp Solar Power Plant with tube-lights and activities during the off-electricity hours too.

Commencement of Sea Trials Mdl Yard 11876 (Khanderi)

handeri, the second of the six Scorpene class submarines being built in India at MDL, Ksailed out recently from Mumbai harbour for her maiden sea sortie. It was also the first major trial for her propulsion plant and a very important milestone in the construction programme.

The successful trial moved the submarine a significant step closer to her induction into the Indian Navy later this year. She will now be put through her paces via a rigorous set of trials, which are designed to test her operating envelop to the maximum.

The first Scorpene, Kalvari, is presently being readied for delivery in July / August this year, after having been put through a grueling set of trials over the past one year, including successful live missile and torpedo firings.

104 KaleidOSCOPE JULY, 2017 Prime Minister Flags off the first UDAN Flight under Regional Connectivity Scheme (RCS) on Shimla – Delhi sector

rime Minister Shri Nare- ndra Modi, recently Pflagged off the maiden UDAN - Ude Desh Ka Aam Naagrik flight under the Regional Connectivity Scheme (RCS). Already touted to be a revolution in the aviation sector, the first flight took off from Jubbarhatti Airport, Shimla to New Delhi. On this occasion, the Hon’ble Prime Minister also flagged off flights on Kadapa-Hyderabad and Nanded - Hyderabad sectors Prime Minister, Shri Narendra Modi flagging off the first UDAN Flight under Regional Connectivity Scheme (RCS) on Shimla – Delhi sector at Jubbarhati, Shimla Airport under the Scheme through in the presence of Mr. Acharya Devvrat, Governor, Himachal Pradesh, Mr. Virbhadra video link. Singh, Chief Minister, Himachal Pradesh, Mr. P. Ashok Gajapathi Raju, Union Minister of Civil Aviation, Mr. J. P. Nadda, Union Minister for Health & Family Welfare, Airports Authority of India under Mr. Jayant Sinha, Union Minister of State for Civil Aviation and Mr. R.N. Choubey, the aegis of Ministry of Civil Secretary (Civil Aviation.) Aviation is the implementing agency for this prestigious and is committed to providing under-served and un-served initiative of Government of India air connectivity to currently airports across the country. BHEL pays 79 percent Dividend for fiscal 2016-17 harat Heavy Electricals Limited (BHEL) has proposed an equity Bdividend of 79 percent (including 40 percent interim dividend paid earlier) for fiscal 2016-17. Significantly, not only is this four times the dividend paid (20 percent) in the previous year but also the highest dividend to be paid by the company in the last three years. With this, the company has maintained its impeccable track record of rewarding investors by paying dividends uninterruptedly for four decades Mr. Atul Sobti, CMD,BHEL presenting the dividend cheque to Mr. Anant G. without a break. Geete, Minister for Heavy Industries & Public Enterprises.

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