Babus fine-tune art of being selector and candidate
Post on 07-Apr-2018
219 Views
Preview:
Transcript
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 1/39
2
Contents Page no.
Girish Mittal’s RTI application & DoPT’s response — 3, 42 - 45
CIC A N Tiwari’s self-selection methods — 4 - 22
CIC Satyananda Mishra’s self-selection methods — 23 - 38
Constitutional safeguards against self-selection — 39-40
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 2/39
3
In response to his RTI application dated 25 May 2009,
RTI applicant Girish Mittal recieved, in three installments,
roughly 350 pages from DoPT’s files. Many of thesepapers were disclosed following the First Appeal order
on 19 November 2009. This was information that DoPT
had earlier denied having in its possession; Chief CIC
Wajahat Habibullah had upheld the denial in December
2008. (In earlier years, he had loosely cited the Official
Secrets Act for denying this information.)
However, not all papers have been given to Girish. Thereare some crucial missing links, such as letters from PMO
initiating the search for suitable candidates in the first
round of selections, as also agenda papers and minutes
of meetings where the first batch of Information
Commissioners were selected.
For procuring these missing papers, Girish has already
filed second appeal.
From page 4 to page 21 of this document, we have
detailed, in a chronological and logical order, the
documents of the self-selection process of former DoPT
Secretary A N Tiwari. From page 22 to 36, we have shown
the documents pertaining to the self-selection of former
DoPT Secretary Satyananda Mishra .
Girish Mittal’s Right to Information Application
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 3/39
4
Gazette notification 11 October ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 4/39
5
Gazette notification
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 5/39
6
A N TiwariResume’submitted on
20 July 2005
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 6/39
7
A N Tiwari resume
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 7/39
8
Applications recieved
by A N Tiwari
Besides the applications of Wajahat Habibullah and others who went on to
become CIC and ICs, several other applications and biodatas were recieved
by A N Tiwari, DoPT Secretary in July and August 2005. Have a look...
26 July, ’05Lakshmi Chand
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 8/39
9
Applications recieved
by A N Tiwari
28 July, ’05
G C Srivastava
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 9/39
10
Applications recieved
by A N Tiwari
29July, ’05
K Jayakumar
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 10/39
Applications recieved
by A N Tiwari
12 August, ’05
R Ganesan & G Mohanakumar
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 11/39
12
Applications recieved
by A N Tiwari
26 August, ’05
G Mohanakumar
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 12/39
The Information Commissioner’s post
waited patiently for A N Tiwari
Judging at a glance the various biodatas recieved by him, it
appears that these candidates were at least as deserving as
Mr A N Tiwari, if not more. One of them would probably have
been Information Commissioner today if Mr Tiwari had not
reserved a seat for himself...
Please note: RESERVED.
Because, unlike other Commissioners appointed in that batch,
Mr Tiwari did not even write a reply to the offer letter.
Nor did he promptly give up his job and join the Central
Informaton Commission in October like the others.
Mr Tiwari took his time, and joined two-and-a-half months
after the letter of offer, without even replying to it. He
exhausted his full tenure as an IAS officer to the last day. He
retired upon superannuation, before occupying the seat of
Information Commissioner.
Wah! Dadagiri issey kehte hain!
In the next few pages, we are comparing Mr Tiwari’s
responses with those of other Information Commissioners in
the same batch -- Padma Balasubramanian and M M Ansari,
for example.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 13/39
14
Example 1:
Padma Balasubramian
10 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 14/39
Example 1:
Padma Balasubramian
12 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 15/39
16
Example 1:
Padma Balasubramian
21 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 16/39
Example 2:
M M Ansari
10 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 17/39
18
Example 2:
M M Ansari
21 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 18/39
Example 2:
M M Ansari
31 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 19/39
20
Compare the earlier responses with
A N Tiwari’s ...
10 October, ’05
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 20/39
2
Example 1:
A N Tiwari
No letter of acceptance of offer.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 21/39
22
Example 1:
A N Tiwari
26 December, ’05(i.e. Two-and-half months after offer letter)
Please ask: Why did the post of Information Commissioner have
to wait 77 days for him? Was Mr Tiwari really so important?
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 22/39
2
Enough said about Mr Tiwari. Now let us turn our
attention to Satyananda Mishra, DoPT Secretary.
In June ’08, PMO asked whether there was a need to
expand the Commission. To this, Mr Mishra wrote a
self-serving note about the urgent need to appoint
six more Commissioners.
In July ’08, PMO specifically requested him to
propose a panel of names for appointment of four
more Information Commissioners.
So what did Mr Mishra do?
Despite having a wealth of suitable candidates to
choose from, he proposed only five names...
including his own name. Thus, he reduced his
chances of being rejected to 20% at the outer most!
Isn’t he a clever man?
In August ’08, PM’s selecting committee rewarded
his cleverness by making him an Information
Commissioner.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 23/39
24
Satyananda Mishra’s advice to PMO
to appoint more ICs
23 June, ’08
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 24/39
2
PMO’s instructions to
Satyananda Mishra
28 July, ’08
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 25/39
26
Satyananda Mishra
schedules Selection
Committee meeting for
21 August, ’08
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 26/39
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 27/39
28
Satyananda Mishra’s
Bio-Data
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 28/39
2
Satyananda Mishra’s
Bio-Data
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 29/39
30
The meeting is postponed twice
to 26 and 27 August
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 30/39
3
... and Shailesh Gandhi
makes a surprise entry.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 31/39
32
Shailesh Gandhi’s name
is added to the short- list.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 32/39
3
The selection is finally made...
Out of six, four are selected.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 33/39
34
Satyananda Mishra gets offer letter,
addressed to him from his own DoPT colleague.
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 34/39
3
To this, he replies as follows...
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 35/39
36
And so they all live happily
ever after...
But wait a minute! What about
those others who had applied
to Satyanand Mishra in his
capacity as DoPT Secretary?
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 36/39
3
For example, what about Lt. Gen Arvind
Mahajan who had sent his application
to Mr Mishra on 8th Jan ‘08?
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 37/39
38
What about all those otherswho kept sending their
applications, but were
clueless about how, when
and where to send them,
because they were not theDoPT Secretary,
or in his inner circle?
Tough luck! Better luck next
time, old chaps. (But there
will be no “next time”,because most candidates
are well past 60 years
already.)
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 38/39
3
Here is what Article 319 says for preventing self-selection in such instances:
319. On ceasing to hold office —
(a) the Chairman of the Union Public Service Commission shall be ineligible for further
employment either under the Government of India or under the Government of aState;
(b) the Chairman of a State Public Service Commission shall be eligible for appointment
as the Chairman or any other member of the Union Public Service Commission or
as the Chairman of any other State Public Service Commission, but not for any
other employment either under the Government of India or under the Government
of a State;
(c) a member other than the Chairman of the Union Public Service Commission shall be
eligible for appointment as the Chairman of the Union Public Service Commission,
or as the Chairman of a State Public Service Commission, but not for any otheremployment either under the Government of India or under the Government of a
State;
(d ) a member other than the Chairman of a State Public Service Commission shall be
eligible for appointment as the Chairman or any other member of the Union Public
Service Commission or as the Chairman of that or any other State Public Service
Commission, but not for any other employment either under the Government of
India or under the Government of a State.
Why does Article 319 say all this? Because Public Service Commissions arebodies that help in selections — similar to DoPT’s role in selecting CIC/ICs.
Article 320 describes the role of Public Service Commissions:
320.
(1) It shall be the duty of the Union and the State Public Service Commissions to
conduct examinations for appointments to the services of the Union and the
services of the State respectively.
(2) It shall also be the duty of the Union Public Service Commission, if requested by
any two or more States so to do, to assist those States in framing and operating
schemes of joint recruitment for any services for which candidates possessing
special qualifications are required.
So isn’t it self-evident that, following the same constitutional principle, DoPT
Secretaries must not be eligible for appointment to the post of CIC/IC?
Is the Constitution silent on such issues? Emphatically, NO!
8/6/2019 Babus fine-tune art of being selector and candidate
http://slidepdf.com/reader/full/babus-fine-tune-art-of-being-selector-and-candidate 39/39
And here is what Article 16 says about right to equality
of opportunity for all citizens in matters of State
employment:
“16.
(1) There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the
State.
(2) No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be ineligible for,
or discriminated against in respect of, any employment or office
under the State.”
Fellow citizens, do you and I have as much
opportunity to become Information
Commissioners as Messrs A N Tiwari &
Satyananda Mishra? You decide.
top related