Dear Shri Roy, It is a matter of interpretation, Sir.
You and I, as moderators of RTI related groups are not the competent authority to interpret the provisions of CCS (Conduct) Rules and Govt. of India decisions there-under. We can only decide on the objectives of the Internet group and act as a moderator. RTI Act is a law passed by the Parliament and Government is required to implement it. If an Internet group is a "movement" to voice citizen's concern about its non implementation, I believe that it is not an activity to embarrass or excite dissatisfaction against the Government. As a matter of fact, most of the RTI applications demand public records that may embarrass Government. If you carefully look at the preamble of RTI Act, the enactment is for transparency of information for holding Government accountable to the governed. It is further stated therein that transparency of information is vital for containing corruption. If we believe in paramountcy of the democratic ideal, public servants should be aware of the deep anguish of the citizens on issues arising from lack of transparency. RTI Act intends to usher in transparent and accountable public administration. In my humble opinion ( and also in the opinion of Administrative Reforms Commission on RTI implementation) every public servant should be aware of RTI Act, so that they can fulfill the obligations of public authority in letter and spirit. At the nascent stage of implementation of RTI Act, there are controversies and some of these debatable issues are aired in the Internet group. Every *good* public servant should not only be aware of citizen's concern about unsatisfactory implementation of RTI Act and issues revealed by use of RTI Act by citizens. If membership of Internet groups enables Government servants to become aware of these issues, it is in public interest for them to remain as Member of such group. Let us leave it to the Government to give their decisions under CCS (Conduct) Rules; it is not for the moderator on groups to decide one way or the other. If the Government ever decides to ban membership of RTI related Internet groups for Government employees, there are adequate grounds for public interest litigation against it. This could be an interesting debate before the Supreme Court ! For the present, none of the RTI related groups have been banned under CCS (Conduct) Rules. It is not for moderators (like you and me) to dissuade public servant from Membership. With best wishes, Dhirendra Krishna IA&AS (Retired) Moderator, Yahoo groups rti4ngo and rti4empwerment. On Tue, Apr 28, 2009 at 8:31 AM, sroy1947 <[email protected]> wrote: > > > Dear Mr Krishna > > Many thanks for the Govt decision (of Finance Ministry). It supports our > view that direct participation of Govt servants in SPECIALISED "political" > internet groups such as ours is restricted. It is always open to any Govt to > ban a group or clarify that a groups ex-facie falls within the mischief of > Rule 5, but such action cannot be an exhaustive compendium. > > The ilustrative explanation to the old rule holds political movement to > include "any movement or activities tending directly or indirectly to excite > disaffection against, or to embarrass, the > Government as by law established" .. I think our groups fall squarely > within such definition. > > Sarbajit > > --- In [email protected] <rti_india%40yahoogroups.com>, Dhirendra > Krishna <dhirendra....@...> wrote: > > > > Dear Shri Sarbajit, > > > > This has been clarified in Government of India Decision number 1, given > > below. > > > > In my humble opinion, if a Government servant participates in an internet > > discussion group, it does not amount to "taking part in politics or > > election" OR "assisting political movement or activity." Each officer is > > required to judge for himself (or herself) whether participation in > internet > > group dealing with citizen's right to information is a violation of Rule > 5 > > of CCS (Conduct) Rule- depending on activities and content of each group. > If > > he/she has any doubts, his/her superior can be consulted. > > > > Several organisations have been specifically banned by the Government > > under Rule 5 as per various Government decision under Rule 5; none of the > > internet discussion groups have been banned. As such there is no bar on > > Government servants membership of any internet group. Your or my opinion > > does not matter; it is for the Government of India to frame conduct rules > > for the Government servants. > > > > > > Dhirendra Krishna > > > .................................................................................................................................................... > > > > Government of India Decisions > > > > (1) Participation of Government servants in political activities > > > > Doubts have been raised recently as to the scope of Rule 23 (i) of the > > Government Servants Conduct Rules (now Rule 5) which lays down that no > > Government servant shall take part in, subscribe in aid of, or assist in > any > > way, any political movement in India or relating to Indian affairs. > > According to the Explanation (not in the new rule) to that clause, the > > expression "political movement" includes any movement or activities > tending > > directly or indirectly to excite disaffection against, or to embarrass, > the > > Government as by law established or to promote feelings of hatred of > enemity > > between classes of His Majesty's subjects or disturb the public peace. > This > > explanation is only illustrative and is not intended in any sense, to be > an > > exhaustive definition of "political movement". Whether or not the aims > and > > activities of any organization are political is a question of fact which > has > > to be decided on the merits of each case. It is, in the opinion of > > Government, necessary, however, that the Government servants under the > > Ministry of Finance etc. should be warned that > > > > (a) it is the duty of the Government servant who wishes to join, or take > > part in the activities of any association or organization positively to > > satisfy himself that its aim and activities are not of such a nature as > are > > likely to be objectionable under Rule 23 of the Government Servants' > Conduct > > Rules (now rule 5); and > > > > (b) the responsibility for the consequences of his decision and action > must > > rest squarely on his shoulders and that a plea of ignorance or > misconception > > as to Government's attitude towards the association or organization would > > not be tenable. > > > > It should also be impressed on them that, in cases where the slightest > doubt > > exists as to whether participation in the activities of an association or > > orgaisation involves as infringement of Rule 23 (now Rule 5), the > Government > > servant would be well advised to consult his official superiors. > > > > [MHA OM No. 25/44/49-Ests (A), dated 17.09.1949] > > > > "Government of India Decisions > > > > (1) Participation of Government servants in political activities > > > > Doubts have been raised recently as to the scope of Rule 23 (i) of the > > Government Servants Conduct Rules (now Rule 5) which lays down that no > > Government servant shall take part in, subscribe in aid of, or assist in > any > > way, any political movement in India or relating to Indian affairs. > > According to the Explanation (not in the new rule) to that clause, the > > expression "political movement" includes any movement or activities > tending > > directly or indirectly to excite disaffection against, or to embarrass, > the > > Government as by law established or to promote feelings of hatred of > enemity > > between classes of His Majesty's subjects or disturb the public peace. > This > > explanation is only illustrative and is not intended in any sense, to be > an > > exhaustive definition of "political movement". Whether or not the aims > and > > activities of any organization are political is a question of fact which > has > > to be decided on the merits of each case. It is, in the opinion of > > Government, necessary, however, that the Government servants under the > > Ministry of Finance etc. should be warned that > > > > (a) it is the duty of the Government servant who wishes to join, or take > > part in the activities of any association or organization positively to > > satisfy himself that its aim and activities are not of such a nature as > are > > likely to be objectionable under Rule 23 of the Government Servants' > Conduct > > Rules (now rule 5); and > > > > (b) the responsibility for the consequences of his decision and action > must > > rest squarely on his shoulders and that a plea of ignorance or > misconception > > as to Government's attitude towards the association or organization would > > not be tenable. > > > > It should also be impressed on them that, in cases where the slightest > doubt > > exists as to whether participation in the activities of an association or > > orgaisation involves as infringement of Rule 23 (now Rule 5), the > Government > > servant would be well advised to consult his official superiors. > > > > [MHA OM No. 25/44/49-Ests (A), dated 17.09.1949]" > > > ............................................................................................................................................................ > > > > On Mon, Apr 27, 2009 at 11:34 AM, sroy1947 <sroy1...@...> wrote: > > > > > > > > > > > Many Thanks > > > > > > Gov servants are restricted from OPENLY associating with groups such as > > > "RTI_India" , "RTI4ngo" (of which Mr Krishna is Moderator) etc which > are > > > listed in "Politics" category of Yahoo groups. As Moderators it is our > duty > > > to facilitate participation of ALL citizens in RTI processes - and > anonymous > > > participation is one of the methods open to us. > > > > > > Sarbajit > > > > > > --- In [email protected] <rti_india%40yahoogroups.com><rti_india% > 40yahoogroups.com>, Dhirendra > > > Krishna <Dhirendra.rti@> wrote: > > > > > > > > Friends, > > > > > > > > Rule 5 of CCS(Conduct) Rules and Government decisions are at : > > > > > > > > http://persmin.nic.in/EmployeesCorner/Acts_Rules/CCSRules_1964/ccs_conduct_rules_1964_details.htm#05%20Govt%20Decision%2003 > > > > Accordingly, no Government servant shall be a member of, or be > otherwise > > > > associated with, any political party or any organisation which takes > part > > > in > > > > politics nor shall he take part in, subscribe in aid of, or assist in > any > > > > other manner, any political movement or activity. > > > > > > > > It has been clarified by the Moderator that Government servants are > > > > restricted from membership of RTI_India group. > > > > > > > > Dhirendra Krishna > > > > On Tue, Apr 21, 2009 at 9:25 AM, sroy1947 <sroy1947@> wrote: > > > > > > > > > > > > > > > > > > > [Non-text portions of this message have been removed] > > > > > [Non-text portions of this message have been removed] ------------------------------------ Yahoo! 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