Wednesday, August 31, 2016

[IAC#RG] Fwd: HAS THE TIME COME FOR ANTI TRADE UNION MOVEMENT IN INDIA ?


To

India Against corruption


                               

                             HAS THE TIME COME FOR ANTI TRADE UNION MOVEMENT IN INDIA ?

 


The central trade unions in India ,which are said  to represent the central government employees and public sector organisations including banks, have threatened to go on strike on 2nd Sept.2016, raising  demands on  various  issues.


In the wake of the strike call, the panicky Government of India has tried to appease the central trade unions by raising the minimum wage for non agricultural unskilled workers. However, the trade unions have said that they would go ahead with the strike demanding several other steps such as non privatization of banks etc.


Strike now a recurring activity :


Only a few weeks back , the bank employees went on a day's strike and "successfully" paralysed the functioning of the banks for a day all over India. The  trade union leadership was jubilant after the strike, calling it as "massive success" .


It appears that it has become a habit for the employees working in the government and public sector organisations to resort to strikes and go slow tactics for one reason or the other at regular intervals.


 They seem to be absolutely unconcerned about the inconvenience caused to the public and the national loss that invariably occur due to such strikes.


Government employees a privileged class now :


Only a few weeks back,7th pay commission was announced for central government employees extending  pay revisions and variety of benefits that would cost the exchequer of government of India several thousand millions of rupees year after year. Today, the government employees are one of the most privileged class of the country in view of the  salaries and perks they get, the retirement benefits that they receive and  high level of security of service that they enjoy.


Nepotism in government machinery - order of the day :


It is widely known that the government officials at various levels indulge in corruption and nepotism and news about corrupt dealings of the corrupt officials at various levels are reported everyday in newspapers . 


There is widespread view that government departments and nepotism are closely linked together.


What about poor citizens ?


Today, in India there are around 270 million people who live below poverty line and not knowing  where their next meal would come from. They belong to unorganized class and suffer due to poor living conditions , want of quality education for children, poor medical facilities etc.


The plight of such people  do not seem to be a matter of concern for the trade unions, who go on strike at their whims and fancies.


When Karl Marx launched trade union movement , he had the oppressed class in view and not the privileged class to which the government employees now belong , who  exploit the trade union rights to increase their privileges and benefits by collective bargaining strength.


Because of such approach of trade unions, today a class conflict is now developing in India between the organized and unorganized class.


Trade unions -  political set ups :


Today, the trade unions in India are political in style and character  and there are as many trade unions as the number of political parties.

The leadership of the trade union movement are under the control of politicians of various shade. 


These politicians who have got a strangle hold over the leadership of the trade unions use their trade union strength to serve their political interests.


Panicky government :


What is very sad and depressing  is that the governments in India which are again controlled by politicians, go out of the way to buy peace with the trade unions by yielding to the pressures and demands. In the process, the governments  do not seem to care that they have a duty towards the 270 million Indians who are poor and deprived  and who need share of the national income.


To the extent , the governments throw away it's money to the demanding employees , to the same extent the money available for implementing development projects and welfare measures for the poor people get depleted.  In many states, nearly 70% of government income is spent towards salaries and benefits for the government employees and the retired ones.


Why not conduct secret ballot before strike decision ? :


There may be many employees in the government who know that the tactics of the trade unions are bad and wrong and against the interest of national progress. But, they dare not protest and silently fall into the groove, fearing isolation.


If the trade union leadership have the courage to conduct a poll amongst all the members before launching the strike, perhaps, they would know that considerable section do not approve their  tendency to go on strike now and then.


However, it is unlikely that trade union leadership in India under the stranglehold of politicians will take the risk of conducting secret ballot.


Is there need for anti trade union movement ?


With aggressive and exploitative trade unions on the one hand and panicky government lacking courage to take a stand against the exploitative methods of trade unions, the interest of the poor and down trodden remain neglected and unrepresented.


Many dispassionate thinkers in India  wonder as to whether  time has come to launch an anti trade union movement in India.


                                                                    

N.S.Venkataraman

Nandini Voice for the Deprived

nandinivoice.com







Re: [IAC#RG] Very Urgent Public Grievance for IITJEE (Mains) 2017 changes

Dear respected Dua ji

The situation is not as simple as that, if only it were so. Some random thoughts

There is a hugely profitable IIT-JEE coaching mafia which operates in select cities where poor/middle-class families turn to in desperation because schools are so bad.

This is coupled with mushrooming of sub-standard private engineering colleges (masquerading as State Universities and thus out of AICTE ambit) churning out worthless engineers who are unable to get into "good" institutes. Most of these institutes are benaamis of netas.

Then you have SC/ST/OBC reservations which take away 50% seats

The mark distribution for CBSE exams is badly skewed because of rampant coaching classes and is far from normal (ie. not at all bell shaped) distribution.

The IIT-JEE (Mains) exam itself is badly flawed, and does not put forward the right candidates for IIT. BTW, I am not saying this, the IIT Directors are saying it. The IIT (Advanced) is still a respectable enough exam.

The Class 12 exam marks have low correlation to IIT JEE engg. entrance exam marks. The skill sets being tested are quite different.

Incidentally, although I myself qualified for IIT (through JEE) and got Mechanical Engg. in IIT-Delhi, I instead opted to join BITS Pilani (as a Maharastra HSC Board ranker) for it. Later in 1986 when I joined IIT-Delhi for M.Tech in Mech Engg, I found the faculty and academics there so pathetic that I un-enrolled myself after 10 days.

That my choice was correct, can be summed up by looking at Arvind Kejriwal, who I am very sure does not remember ABC of what he learned of Mechanical at IIT despite his getting a First Div in it, and who was found to be completely incompetent to be an engineer by Tatas when he joined them.
.
Sarbajit


On Thu, Sep 1, 2016 at 9:10 AM, R. Dua <r.dua1234@gmail.com> wrote:

Respectfully Disagree with the plea in this post.
May bring to kind notice of all concerned that 75 percent is minimum to qualify for application into any decent institute these days.With all the gadgets available these days and today's gen this is the minimum % we expect frm the entry level students to any recognized Institute.
We don't want JNU type money eating joints where so called students loiter around for yrs.
Infact agree with last para of the above plea that 75percent minimum shd be set for all entry level.
Regards to all.


On 1 Sep 2016 02:46, "Sarbajit Roy" <sroy.mb@gmail.com> wrote:
From:
INDIA AGAINST CORRUPTION, jan andolan
B-59 Defence Colony, New Delhi 110024
Tel : +91-8010205897

To:
1) Shri. Prakash Javadekar
Hon'ble Minister of HRD

2) Shri. R. Subrahmanyam
Additional Secretary (TE)

BY EMAIL

Respected Sirs,

I regret to inform you that many student members of India Against Corruption, jan andolan, ("IAC") are greatly concerned and aggrieved by the rather strange decision dt. 8.April.2016 of the Dept. Of Higher Education,  communicated by Shri. R. Subrahmanyam Additional Secretary (TE), in File no. F-19-5/2014/TS 1 to set a base eligibility criteria of 75% aggregate in "best of 5" Class XII subjects even for admission into the National Institute of Technologies (NITs).

As we are also the replying stakeholders to the Dept's public notice of Nov. 2015 on this issue, we wish to strongly protest / object that at no stage in the consultation process was it communicated to us, or recommended or even suggested by the IIT Council / the Committee of so-called Eminent persons that a minimum of 75% marks in aggregate in Class 12 is proposed to be imposed for admission into the NITs.

Notably, the present eligibility for the NITs is only for minimum 50% aggregate in class 12, so this sudden and unexplained 50% base hike in eligibility criteria is very disquieting to us.

We are therefore seriously concerned that perhaps this new eligibility criteria for the NITs has inadvertently crept into the letter dt. 08.April.2016.  To ascertain this we had applied in RTI for some specific information concerning this, but the file is somehow not accessible to the dealing CPIO to provide us the details.

Because this issue affects the lives of lacs of students, and every day is precious to their preparations, IAC urges you to kindly URGENTLY and PERSONALLY re-examine this matter so that the average / poorer students who do not have the benefit of coaching even for Board exams can get a fair crack at the NITs through the IIT-JEE (Mains) as they do presently.

Needless to say that IAC fully supports imposing highest standards in India's education, and we say this same requirement for at least 75% in  class 12 criteria should also be equally applied, say, for admission into the National Law Colleges or to sit for the CLAT or for anyone to become the Chief Justice of India or even to practice as an advocate.

sincerely




Er. Sarbajit Roy

National Convenor,
India Against Corruption, jan andolan
B-59 Defence Colony
New Delhi 110024

Tel : +91-8010205897
URL : http://www.indiaagainstcorruption.org.in

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[IAC#RG] Prosecution for Cyber Offences allegedly committed by ex-Minister Sandeep Kumr

Dear Arvind,

This latest episode of your Woman and Child Minister has shaken the faith of ordinary citizens in their elected representatives and in the anti-corruption.movement in general. The persons you had brought into IAC and then AAP and your Cabinet have mostly turned out to be rascals, like you were always warned about by your well-wishers.

I (and India Against Corruption) therefore fully expects that since you are in possession of digital evidence indicating that your Minister/MLA was secretly electronically recording women without their consent in sexual situations, you (as CM Delhi) will personally order his prosecution under Information Technology Act, 2008, the relevant section being set out below.

I am asking you to do this swiftly before somebody else does it.

sincerely

Sarbajit

66E.  Punishment for violation of privacy. (Inserted Vide ITA 2008)

Whoever, intentionally or knowingly captures, publishes or transmits the image of a private area of any person without his or her consent, under circumstances violating the privacy of that person, shall be punished with   imprisonment which may extend to three years or with fine not exceeding two lakh rupees, or with both

Explanation.- For the purposes of this section—

(a)  ―'transmit' means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b)  ― 'capture', with respect to an image, means to videotape, photograph, film or record by any means;
(c)  ―'private area means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
(d)  ―'publishes' means reproduction in the printed or electronic  form and making it available for public; 
(e)  ―'under circumstances violating privacy' means circumstances in which a person can have a reasonable expectation that—
(i)  he or she could disrobe in privacy, without being concerned that an image of his private area was being captured; or
(ii)  any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.

Re: [IAC#RG] Very Urgent Public Grievance for IITJEE (Mains) 2017 changes

Respectfully Disagree with the plea in this post.
May bring to kind notice of all concerned that 75 percent is minimum to qualify for application into any decent institute these days.With all the gadgets available these days and today's gen this is the minimum % we expect frm the entry level students to any recognized Institute.
We don't want JNU type money eating joints where so called students loiter around for yrs.
Infact agree with last para of the above plea that 75percent minimum shd be set for all entry level.
Regards to all.


On 1 Sep 2016 02:46, "Sarbajit Roy" <sroy.mb@gmail.com> wrote:
From:
INDIA AGAINST CORRUPTION, jan andolan
B-59 Defence Colony, New Delhi 110024
Tel : +91-8010205897

To:
1) Shri. Prakash Javadekar
Hon'ble Minister of HRD

2) Shri. R. Subrahmanyam
Additional Secretary (TE)

BY EMAIL

Respected Sirs,

I regret to inform you that many student members of India Against Corruption, jan andolan, ("IAC") are greatly concerned and aggrieved by the rather strange decision dt. 8.April.2016 of the Dept. Of Higher Education,  communicated by Shri. R. Subrahmanyam Additional Secretary (TE), in File no. F-19-5/2014/TS 1 to set a base eligibility criteria of 75% aggregate in "best of 5" Class XII subjects even for admission into the National Institute of Technologies (NITs).

As we are also the replying stakeholders to the Dept's public notice of Nov. 2015 on this issue, we wish to strongly protest / object that at no stage in the consultation process was it communicated to us, or recommended or even suggested by the IIT Council / the Committee of so-called Eminent persons that a minimum of 75% marks in aggregate in Class 12 is proposed to be imposed for admission into the NITs.

Notably, the present eligibility for the NITs is only for minimum 50% aggregate in class 12, so this sudden and unexplained 50% base hike in eligibility criteria is very disquieting to us.

We are therefore seriously concerned that perhaps this new eligibility criteria for the NITs has inadvertently crept into the letter dt. 08.April.2016.  To ascertain this we had applied in RTI for some specific information concerning this, but the file is somehow not accessible to the dealing CPIO to provide us the details.

Because this issue affects the lives of lacs of students, and every day is precious to their preparations, IAC urges you to kindly URGENTLY and PERSONALLY re-examine this matter so that the average / poorer students who do not have the benefit of coaching even for Board exams can get a fair crack at the NITs through the IIT-JEE (Mains) as they do presently.

Needless to say that IAC fully supports imposing highest standards in India's education, and we say this same requirement for at least 75% in  class 12 criteria should also be equally applied, say, for admission into the National Law Colleges or to sit for the CLAT or for anyone to become the Chief Justice of India or even to practice as an advocate.

sincerely




Er. Sarbajit Roy

National Convenor,
India Against Corruption, jan andolan
B-59 Defence Colony
New Delhi 110024

Tel : +91-8010205897
URL : http://www.indiaagainstcorruption.org.in

Post: "indiaresists@lists.riseup.net"
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Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Dear Deepak
Thanks for your query. What I meant was theory of government and social contracts. What I meant the difference between "what is" and "what ought to be" is like difference between "reality" and "wishful thinking" respectively. Let us remember the hunger strike by the Anna Hazare and demonstrations Ram Leela Maidan for punishing corrupt officials and hunger strike and demonstration to continue till enactment of strong law for Lokpal and Lokayukt law. Though it was initially looked like a wishful thinking but later became a reality when the parliament enacted and notified the Lokpal and Lokayuktas Act, 2013 (1 of 2014). During the strike / demonstration those who were in power and those who were in opposition have now reversed their roles. But where is Lokpal and Lokayukta? Has corruption vanished? Answer could be yes, no or don't know. However, one need to ponder as to, why those went on strike and wanted strong law, after assuming power of governance the nation have not appointed Lokpal at the Centre? The amendments were incorporated in Prevention of Corruption Act, functioning of Vigilance Commission, Investigation of corruption case was meant to be on speedy track, Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 - filing of Returns by public servants etc. was made mandatory etc. When the government system of procurement, tendering, auction, etc. is same, procedures are same, services offered are same etc. how could one presume that corruption which was going on in the public offices before enactment of of Lokpal and Lokayukta has suddenly vanished, merely by change of guard or change of government? Corruption is, therefore, unlikely to be either eliminated or reduced, it is just reporting of corruption cases by media is stopped.
 
 
Dr. Ratnakar Gedam  





From: deepakmalho11 <deepakmalho11@yahoo.co.in>
To: rgedam@yahoo.com; indiaresists@lists.riseup.net
Sent: Wednesday, August 31, 2016 10:10 PM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

What you are saying is theory ? You are srating that there is fiff between what ought to be and what is. Even though around the world such governance methods of 3 pillars exist the actual situation of functionality differs.  Ib India it is a poor example and deep rooted nexus.  Easy to just comment.on others .anyone  can do that or criticise. .. find the ways to stop it. .only if thoughts germinate they will result in action on ground. .


Sent from Samsung Mobile



-------- Original message --------
From: Ratnakar Gedam <indiaresists@lists.riseup.net>
Date:
To: Indiaresists <indiaresists@lists.riseup.net>
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS


Are those commenting upon judiciary, laws, bureaucracy, governance, etc. are qualified to comment. Firstly, one must study "as the things exist", or "as the judiciary is, bureaucracy is, as the law is etc. next step is try to understand why the things are "as they are". There is difference between what aught to be and what is. When one find faults with system in place either it could be lack of proper education or knowledge or unguided person who is unable to focus and identify the root cause and find solution to it. In the world every problem has a solution. Most of the discussion at emanating from the so called India-resists seems to be from confused lot. 

All over the world there are more are less identical common law system where universal principles are same such as separation of power in governance of democratically elected government. That is, executive, legislature and judiciary are three pillars providing check and balance of functions. In common law countries there are rights and privileges conferred on citizens through enunciated guarantee by written constitution. The functions of law making is distributed between federal or central government and states in federal system etc. None of the arguments put forward in the emails circulated have either theoretical or practical or academic basis. It is like self deception.   


Dr. Ratnakar Gedam  





From: ramasamy pitchappan <indiaresists@lists.riseup.net>
To: indiaresists@lists.riseup.net; ravindra malhotra <rnmalhotra_in@yahoo.com>
Sent: Monday, August 29, 2016 5:24 PM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Indian judiciary and governance is a 
systematic vandelism by the (pseudo) elites - wherever they are.

The problem is British left, but not their beuracracy. This applies in the case of judges also. But British have changed, we still have their code of conduct.

Will India become quality based, one day!

Doubtful. Root cause is the failure of our educational system, and failure of our elites. Most are egocentric and do not participate in nation building exercise - global economy a boon for them. This lead to bickering, private education, somehow employed in th Govt, or otherwise, get "alms", amaze wealth, and abuse all innocents, 95% of India, for their favour. With every move, corruption is systematised: a perfect system, including judiciary, has been developed.

India is still the best - we boast - for democracy and  tolerance. But when will a common man get a service from GOVT, without paying a 'price'. 

The light in the tunnel is far away.

Pitchappan
On Friday, August 26, 2016, 20:21, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
Evidently, there are ills  in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -

1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM



 




19/8/16



This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
  like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds  






From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13, 2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS
 














To



India Against Corruption  
   









         
               
               
         CHIEF JUSTICE OF INDIA
NEED TO SHOW  RESTRAINT IN  HIS
OBSERVATIONS
 



In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
  of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner.  He made such
remarks even when the Attorney General assured
  that the issue would be taken up at the highest
level.



Even while the Chief Justice made
such sharp remarks, the law minister has said that 
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?



The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
  scandals with one former Chief Justice of India
himself  being one of the accused.
Government stand appears  to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.

 Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.



It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about  the caliber of some of the
judges.


Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning  of the
judiciary.
 



N.S.Venkataraman
Nandini Voice for The
Deprived







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[IAC#RG] Very Urgent Public Grievance for IITJEE (Mains) 2017 changes

From:
INDIA AGAINST CORRUPTION, jan andolan
B-59 Defence Colony, New Delhi 110024
Tel : +91-8010205897

To:
1) Shri. Prakash Javadekar
Hon'ble Minister of HRD

2) Shri. R. Subrahmanyam
Additional Secretary (TE)

BY EMAIL

Respected Sirs,

I regret to inform you that many student members of India Against Corruption, jan andolan, ("IAC") are greatly concerned and aggrieved by the rather strange decision dt. 8.April.2016 of the Dept. Of Higher Education,  communicated by Shri. R. Subrahmanyam Additional Secretary (TE), in File no. F-19-5/2014/TS 1 to set a base eligibility criteria of 75% aggregate in "best of 5" Class XII subjects even for admission into the National Institute of Technologies (NITs).

As we are also the replying stakeholders to the Dept's public notice of Nov. 2015 on this issue, we wish to strongly protest / object that at no stage in the consultation process was it communicated to us, or recommended or even suggested by the IIT Council / the Committee of so-called Eminent persons that a minimum of 75% marks in aggregate in Class 12 is proposed to be imposed for admission into the NITs.

Notably, the present eligibility for the NITs is only for minimum 50% aggregate in class 12, so this sudden and unexplained 50% base hike in eligibility criteria is very disquieting to us.

We are therefore seriously concerned that perhaps this new eligibility criteria for the NITs has inadvertently crept into the letter dt. 08.April.2016.  To ascertain this we had applied in RTI for some specific information concerning this, but the file is somehow not accessible to the dealing CPIO to provide us the details.

Because this issue affects the lives of lacs of students, and every day is precious to their preparations, IAC urges you to kindly URGENTLY and PERSONALLY re-examine this matter so that the average / poorer students who do not have the benefit of coaching even for Board exams can get a fair crack at the NITs through the IIT-JEE (Mains) as they do presently.

Needless to say that IAC fully supports imposing highest standards in India's education, and we say this same requirement for at least 75% in  class 12 criteria should also be equally applied, say, for admission into the National Law Colleges or to sit for the CLAT or for anyone to become the Chief Justice of India or even to practice as an advocate.

sincerely




Er. Sarbajit Roy

National Convenor,
India Against Corruption, jan andolan
B-59 Defence Colony
New Delhi 110024

Tel : +91-8010205897
URL : http://www.indiaagainstcorruption.org.in

Re: [IAC#RG] VIGILANCE COMPLAINT against your Secretary Chandraker Bharti

IAC is strictly non-political. Therefore IAC is both a catalyst as well as a litmus for the experiment of the anti-corruption movement's actors play acting at being politicians.

Kejriwal removes Cabinet Minister Sandeep Kumar after receiving 'objectionable CD'

Sarbajit

On Wed, Aug 31, 2016 at 1:35 PM, Prodipto Roy <prodipto.r@gmail.com> wrote:

To Sarbajit,

If they don't respond with information/action what's the next forum for complaints? The NGT ?  MOEFCC? Reliance jio supposed to launch today, 31/08. Airtel et al.are supposed to slash their rates by 67% in competition.

Joya Roy

On 31 Aug 2016 10:50, "Sarbajit Roy" <sroy.mb@gmail.com> wrote:

DELHI DIALOGUE COMMISSION     (www.delhidialoguecommission.in)

an initiative of  "India Against Corruption"

To:

Shri Arvind Kejriwal,
Chief Minister of NCT Delhi

BY EMAIL

Dear Chief Minister,

We are constrained to complain, regretfully, against the gross corruption being displayed by your Environment Secretary Shri Chandraker Bharti, IAS.

Based on his inaction and silence towards us and our complaint, we are complaining to you that this IAS officer Chandraker Bharti appears to be in the pay and pocket of Mr. Mukesh Ambani's company M/s Reliance JIO (or suchlike) which is on a spree of installing thousands of highly polluting mobile towers exclusively powered by diesel gensets all over Delhi.

It is no coincidence that Mr. Chandraker Bharti was brought to Delhi and installed as a Secretary in GNCTD by the L-G, Shri Najeeb Jung, who is himself an old Mukesh Ambani hand,
eg.
see:
1) Is Najeeb Jung fit for current post?
2) 
How Ambani's Reliance corrupted the system
3) Faced with crisis, Reliance honchos reach Najeeb Jung

As you know, Delhi is faced with a terrible pollution crisis which needs to be tackled on a war footing and such corrupt officers acting for vested interests should be immediately given the boot.

The people of Delhi, through the Delhi Dialogue Commission, are clearly conveying to your elected government that we will neither tolerate AAP's role in allowing Airtel/Voda to install thousands of polluting diesel genset powered towers in the past nor Mr. Jung's corruption in now allowing Reliance JIO to install tens of thousands of such towers throughout Delhi.

When Delhi voted your govt to power in 2014, Delhi expected you to tackle this pollution problem which is well known since 2013 when these towers began being installed in large numbers, see

Death by Breath: For generators, rules in place but no one to enforce them

IAC believes that these diesel gensets within Delhi now contribute over 40% of the PM10 pollutants in Delhi's air and 80% of that pollution comes from mobile tower gensets. In some areas they contribute 80% of the total PM10 pollutants.

We therefore expect that you will personally inquire into why the specific Reliance JIO mobile tower I have complained about is still functioning exclusively on diesel genset despite it being within 500m of a leading hospital, at least 4 top education institutes and within a peaceful residential area. FYI, the details of your officer's corrupt inactions are in the attached trail mails.

Yout Transport Commissioner should also be sent a show-cause notice to explain why highly polluting motor vehicles registered in Maharasthra are being permanently sited in Delhi in massive quantities for Mr. Mukesh Ambani's corporate to provide their "free" mobile services in Delhi, and no action is being taken against them. The fact that all these trailer mounted mobile sites are illegal in the first place is clear from the situation that they have no fixed electricity connections and are not presently entitled to get them either.

In this instance, the Delhi Dialogue Commission would appreciate receiving a specific reply from your government instead of the usual forwarding note your OSD sends us. We would be obliged to receive your Govt's reply within 5 days and preferably with a charge sheet against your officer/s.

sincerely

Sarbajit Roy
National Convenor
for Delhi Dialogue Commission
(an initiative of "India Against Corruption")

B-59 Defence Colony,
New Delhi 110024
M: +91-8010205897

NB: This communication is sent to the Aam Aadmi Party Govt. of Delhi ('Aap ki Sarkar') in terms of the India Against Corruption decision dated 29.Aug.2011 which can be accessed here

Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Regrettably all this emanates due to us lying as a norm. In end July, 1952 when I went to  join as a cadet at the JSW, Clement Town, Dehra Dun I was shocked to find that I was one of the senior most cadets in my course as per our official age, the age our fathers signed on our admission form. Later I was told by some of my course-mates that they were actually one or two years older but their fathers had placed a lower age. When I asked how could this be, one of them admitted that their father had told him, " Beta, Yeah bad me upkka unnati hoga !"  A 15-17 year youngster being advised this by his father was a shock to me, because my parents would not have said this !  I concluded that all our lying and cheating is due to our parents teaching us to be untruthful to benefit. As we know lying leads to corruption and other bad things and the Indian parents are at fault ! ------Hirak Nag, Cdr. Retd.   



From: Natarajan <indiaresists@lists.riseup.net>
To: "pitchappanrm@yahoo.co.uk" <pitchappanrm@yahoo.co.uk>; "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; ravindra malhotra <rnmalhotra_in@yahoo.com>
Sent: Wednesday, 31 August 2016 5:15 PM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Dear All
I am posting below a blog I wrote only this morning on Linkedin about Politician-Bureaucrat nexus in the context of the on going Coal Secretary's case in the Coal scam. In retrospect I feel judiciary is the third side of the triangle. The Judiciary prematurely blocked former PM's prosecution in the coal allotment scam and the 2G spectrum scam. The triangular nexus works mostly for the benefit of its own stakeholders including elite lawyers.As in the case of any rule there are a few honourable exceptions
India's Governance- The Politician-Bureaucratic Nexus
Governance of India is the joint responsibility of elected politicians called Ministers headed by a Prime Minister and administrative executives at the top echelon called Secretaries of various departments dominated by the members of the Indian Administrative Service. Lately the country's administrative system comprising the above 2 categories has been rocked by Coal allocation scam leading to the prosecution of H C Gupta former Coal Secretary in the Manmohan Government described as an 'honest upright' IAS Officer. The case has attracted much public attention. Gupta in his capacity of Coal Secretary and Chairman of an adhoc coal block allocation committee recommended the allotment of Coal blocks to many ineligible industrialists at throwaway prices for extraneous reasons, resulting in a huge loss of over 2 lakh crores to the exchequer. The case demonstrates the Politician -Bureaucrat nexus. The allotments were held illegal by the Supreme Court and cancelled. The coal mines subsequently were auctioned. The proceeds of auctions showed that the loss to the public exchequer would have been even more if the manipulators of the system had not been found out.
Now Mr. Gupta (G) and some of the beneficiaries are being prosecuted for the role in the scam. G told the Court that he had no money to seek bail or appoint a lawyer and that he would personally argue his case from jail. The court was not amused. The judge asked Gupta to reconsider his offer. G has been certified by a group of fellow IAS bureaucrats as an honest and upright officer. They are outraged that such a man of integrity was being harassed for the duty he discharged in his official capacity. They fear is that such harassment would deter all of them from taking bold decisions and paralyze the bureaucratic administration. Some of its literary giants are to speaking up for their cause through newspaper articles. Suddenly Mr. Gupta made a U turn and withdrawn his strange request on the advice of his IAS friends.
G has argued that he was merely the Chairman of the committee that took made the recommendations for allotment of mines and his boss the Coal Minister (PM Manmohan Singh was also the Coal Minister) was the approving authority and final decision maker. He claims that he had placed all the facts before the PM. G's case is that since the former PM is not being prosecuted there was no rationale behind holding Coal secretary accountable responsible and the case should be dismissed. The co-accused companies have also taken the same stand. Moreover he says that he did not benefit in any way by the allotment. Hence his plea for discharge.
The discomfiture of the IAS lobby is understandable. This cadre of highly paid officers has sailed smoothly and prospered all along without any accountability ever since independence. They occupy all the top most posts in the Central and State Governments. Lately many of them have a flourishing after-retirement career under the aegis of the Government itself, draft their own rules for promotion under which they enjoy highly accelerated career growth leaving all the other professional cadres including armed forces far behind. They can do no wrong. In any other private or public organization in the world, if a person is rejected for a promotion he would at best stay where he is. However the IAS is different. It will surprise you to note that if 10 senior IAS secretaries are found  unsuitable for Chief Secretary's post (carrying a higher pay due to extra responsibility) and a eleventh officer junior to all of them in seniority is selected, all the superseded officers will be rewarded for their unsuitability by being paid the same salary as the Chief Secretary without any additional responsibility. A senior IAS officer is always included in the pay commissions and ensured that the IAS cadre is dis-proportionally rewarded.
Ministers are always dependent their IAS secretaries to execute their clandestine activities to favour businessmen and crooks at the cost of the exchequer. Unless a supportive noting is made by the Secretary on the file as a protective shield, no Minister would find it safe to show any undeserved favour to anyone. Even the Minister's foreign tour itineraries are imaginatively prepared by the Secretary to get approval of the PM. A smart Secretary scents suitable opportunities and creatively records the justification which the PMO cannot easily turn down. The entourage naturally would include the Secretary and his side kicks in this win-win collaboration. A recent example was the large secretarial delegation to Rio Olympics led by the Sports Minister. The Minister-Secretary nexus works beautifully. It also enables the bureaucrat to push some of his personal agenda through, like cornering a piece of Government land in a posh urban locality for a nominal price, or overseas scholarship for his son etc. Even many honest IAS officers have palatial homes in the best localities in their name or as a benami holding.  A Chief Secretary of Karnataka is said to be in a huge real estate business in Bengaluru in the name of his mother aged 86 years!
 If a maverick like Ashok Khemka IAS (who unearthed illegal allotment of land to one Robert Wadra) , refuses to oblige his political boss he will  get shunted from pillar to post every few months. No Government would reward him for his honesty. A man called Bhatia was punished with 10 transfers in 10 months and was labelled a trouble maker.   A pliable Joshi in the MP cadre of IAS and his wife made and hid crores of rupees in their house. They are yet to be punished. 
Why has the IAS lobby risen in favour of Gupta? The parliament enacted a small amendment in the Prevention of Corruption Act which says that if any public servant either derives a pecuniary benefit for himself or allows another person to obtain unintended pecuniary advantage in a deal at the cost of the public exchequer he can be punished with imprisonment. Hence Gupta cannot escape by saying that he did not personally benefit from coal mines allotment. Moreover being the highest executive authority in the Administration he cannot escape personal responsibility. Pointing fingers at Manmohan Singh will not dilute his own criminal act, although there is merit in his argument that the latter is also culpable. G is sinking and the straw called Manmohan cannot save him. If Gupta is punished, it will put an end to the cozy relationship between IAS and the Ministers. Even ministers would hate such a prospect which will end their manipulation. No wonder the IAS lobby has started its breast beating act. Their fort is being raided. To help them in their cause there is already a bill in parliament to delete this provision and dilute the definition of corruption in the Prevention of Corruption Act. This just shows the nexus between politicians and babus no matter which party is running the government.
G's is a test case. If he goes unpunished it will mean that no prosecution or conviction for corruption  will be possible in future. The bureaucrat will always argue that he is not responsible for a decision taken by his political boss. The political boss in turn will argue that he only went by the advice he received from his secretaryI The case will fall between two stools. The only hope is that the judge will stay his course. It is not sufficient for Gupta to say that he told the PM everything. He should be pardoned only if he comes clean, turns approver and also discloses the entire political intervention by Manmohan Singh and other Congress bosses in the scam. The CBI in turn should not hesitate to prosecute Manmohan Singh since  G and others gave implicated him. After all, the entire buck stopped at PMO and he did intervene in another allotment to the Birla group. He cannot claim ignorance or innocence.

 
With regards Prof N.Natarajan


On Wednesday, 31 August 2016 10:47 AM, ramasamy pitchappan <indiaresists@lists.riseup.net> wrote:


Indian judiciary and governance is a 
systematic vandelism by the (pseudo) elites - wherever they are.

The problem is British left, but not their beuracracy. This applies in the case of judges also. But British have changed, we still have their code of conduct.

Will India become quality based, one day!

Doubtful. Root cause is the failure of our educational system, and failure of our elites. Most are egocentric and do not participate in nation building exercise - global economy a boon for them. This lead to bickering, private education, somehow employed in th Govt, or otherwise, get "alms", amaze wealth, and abuse all innocents, 95% of India, for their favour. With every move, corruption is systematised: a perfect system, including judiciary, has been developed.

India is still the best - we boast - for democracy and  tolerance. But when will a common man get a service from GOVT, without paying a 'price'. 

The light in the tunnel is far away.

Pitchappan
On Friday, August 26, 2016, 20:21, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
Evidently, there are ills  in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -

1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM



 




19/8/16



This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
  like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds  






From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13, 2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS
 














To



India Against Corruption  
   









         
               
               
         CHIEF JUSTICE OF INDIA
NEED TO SHOW  RESTRAINT IN  HIS
OBSERVATIONS
 



In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
  of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner.  He made such
remarks even when the Attorney General assured
  that the issue would be taken up at the highest
level.



Even while the Chief Justice made
such sharp remarks, the law minister has said that 
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?



The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
  scandals with one former Chief Justice of India
himself  being one of the accused.
Government stand appears  to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.

 Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.



It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about  the caliber of some of the
judges.


Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning  of the
judiciary.
 



N.S.Venkataraman
Nandini Voice for The
Deprived







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Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Dear Dr. Ratnkar Gedam, I did not give any 'lecture', so you may have avoided yours to me. Please be objective and address correctly,--------Hirak Nag.



From: Ratnakar Gedam <indiaresists@lists.riseup.net>
To: Indiaresists <indiaresists@lists.riseup.net>
Sent: Wednesday, 31 August 2016 11:30 AM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Are those commenting upon judiciary, laws, bureaucracy, governance, etc. are qualified to comment. Firstly, one must study "as the things exist", or "as the judiciary is, bureaucracy is, as the law is etc. next step is try to understand why the things are "as they are". There is difference between what aught to be and what is. When one find faults with system in place either it could be lack of proper education or knowledge or unguided person who is unable to focus and identify the root cause and find solution to it. In the world every problem has a solution. Most of the discussion at emanating from the so called India-resists seems to be from confused lot. 

All over the world there are more are less identical common law system where universal principles are same such as separation of power in governance of democratically elected government. That is, executive, legislature and judiciary are three pillars providing check and balance of functions. In common law countries there are rights and privileges conferred on citizens through enunciated guarantee by written constitution. The functions of law making is distributed between federal or central government and states in federal system etc. None of the arguments put forward in the emails circulated have either theoretical or practical or academic basis. It is like self deception.   


Dr. Ratnakar Gedam  





From: ramasamy pitchappan <indiaresists@lists.riseup.net>
To: indiaresists@lists.riseup.net; ravindra malhotra <rnmalhotra_in@yahoo.com>
Sent: Monday, August 29, 2016 5:24 PM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Indian judiciary and governance is a 
systematic vandelism by the (pseudo) elites - wherever they are.

The problem is British left, but not their beuracracy. This applies in the case of judges also. But British have changed, we still have their code of conduct.

Will India become quality based, one day!

Doubtful. Root cause is the failure of our educational system, and failure of our elites. Most are egocentric and do not participate in nation building exercise - global economy a boon for them. This lead to bickering, private education, somehow employed in th Govt, or otherwise, get "alms", amaze wealth, and abuse all innocents, 95% of India, for their favour. With every move, corruption is systematised: a perfect system, including judiciary, has been developed.

India is still the best - we boast - for democracy and  tolerance. But when will a common man get a service from GOVT, without paying a 'price'. 

The light in the tunnel is far away.

Pitchappan
On Friday, August 26, 2016, 20:21, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
Evidently, there are ills  in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -

1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM



 




19/8/16



This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
  like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds  






From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13, 2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS
 














To



India Against Corruption  
   









         
               
               
         CHIEF JUSTICE OF INDIA
NEED TO SHOW  RESTRAINT IN  HIS
OBSERVATIONS
 



In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
  of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner.  He made such
remarks even when the Attorney General assured
  that the issue would be taken up at the highest
level.



Even while the Chief Justice made
such sharp remarks, the law minister has said that 
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?



The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
  scandals with one former Chief Justice of India
himself  being one of the accused.
Government stand appears  to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.

 Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.



It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about  the caliber of some of the
judges.


Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning  of the
judiciary.
 



N.S.Venkataraman
Nandini Voice for The
Deprived







-----Inline Attachment Follows-----

Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
Help: https://help.riseup.net/en/list-user
WWW : http://indiaagainstcorruption.net.in