[IAC#RG] CORRUPTION: Menace of E-rickshaws and Grameen Sewa vehicles

To:
Shri Sandip Kumar, IAS, Commr Tpt / GNCTD

cc: o/o Minister of Transport/GNCTD
cc: o/o CM Delhi

Sir,

I refer to the string of complaints I have made to your office and o/o
Minister Transport (GNCTD) concerning thousands of E-rickshaws
illegally plying on Pankha Road, New Delhi in violation your Dept
notification dated 11.Dec.2014, and thereby endangering the public
safety.

Since I have reason to believe you (as Commissioner of Police for
Traffic in Delhi u/rule 123) DMVR are deliberately not impounding
these vehicles for reasons of gross corruption, I am giving you one
final opportunity to personally ensure that no e-rickshaw plies or
parks on Pankha Road, New Delhi within 7 days of today or thereafter.

Accordingly, I specifically draw your attention to Section 39 of Motor
Vehicles Act r/w rule 123 Delhi Motor Vehicle Rules (DMVR 1993)
concerning these illegal motor vehicles which are also mostly
operating without the mandatory registration.

Herein fail not.

sincerely

Sarbajit Roy
B-59 Defence Colony
New Delhi 110024
Tel : 8010205897

Relevant sections of law set out for your ready reference

Section 39 in The Motor Vehicles Act, 1988

39. Necessity for registration.—No person shall drive any motor
vehicle and no owner of a motor vehicle shall cause or permit the
vehicle to be driven in any public place or in any other place unless
the vehicle is registered in accordance with this Chapter and the
certificate of registration of the vehicle has not been suspended or
cancelled and the vehicle carries a registration mark displayed in the
prescribed manner: Provided that nothing in this section shall apply
to a motor vehicle in possession of a dealer subject to such
conditions as may be prescribed by the Central Government.

Rule 123 , Delhi Motor Vehicle Rules

123.Functions and Powers of officers of Motor vehicles Department.-

(1)The State Government may delegate any power under the Act and the
rules made thereunder to any person for the proper implementation of
the Act and the rules made thereunder and such persons shall
discharge all function and perform all duties as assigned to them most
diligently.

(2)All the authorities prescribed under the Act and the rules made
thereunder and all such
persons so empowered, shall be under the over-all control of the
Commissioner. The
Commissioner shall be under the control of the State Government and
shall exercise all the
powers of the police officer of the rank of Commissioner of Police
under the Motor Vehicle Act, 1988.

(3)The Joint Director(s) (Transport) and the Deputy Director (s)
(Transport) shall be under the control of the Commissioner and shall
exercise the powers of Deputy Commissioner of Police under the Motor
Vehicles Act, 1988.

(4)All other Gazetted officers of the Transport Department shall be
under the control of the Commissioner and shall exercise the powers of
Assistant Commissioner of Police under the Motor Vehicle Act, 1988.
All the Inspectors shall be under the control of the Commissioner and
shall exercise powers of the rank of the Inspector of Police under the
Motor Vehicles Act, 1988.

(5)All other checking staff shall be under the control of Commissioner
and shall exercise the powers of the corresponding rank of the Delhi
Police under the Motor Vehicles Act,1988.
(6)In addition to the powers that may be conferred on any officer of
the Transport Department under sub-section (3) of Section 213 of the
Act, such officer shall also be empowered by the State Government
under sub-section(5) of Section 213 of the Act.

(7)Any police officer(s) or the person(s) appointed as officer(s)
under Section 213 of the
Act and specified as such in rule 123, not below the rank of
(Assistant Sub-Inspector),
shall have power, if they have reasons to believe that a motor vehicle
has been or is being
used in contravention of the provisions of Section 3 or Section 4 or
Section 39 or without
the permit required by sub-section (1) of section 66 or in
contravention of any condition of such permit relating to the route
on which or the area in which or the purpose for which the vehicle may
be used to seize and detain the vehicle, and shall keep the same in
safe custody of the nearest police station or police post or traffic
police circle officer or any other designated place declared by the
Delhi Police or in the designated impounding pits of the Transport
Department against a proper receipt to be given by him in Form
O.S.S. to the owner or in charge of the vehicle from whose custody the
vehicle was seized and detained.

(8)The officer in charge of the Police Station or police Post or
Traffic Inspector of the circle or the officer in charge of the
impounding pit shall ensure that the vehicle is kept in safe custody
along with the goods contained therein, if any, at the time of keeping
the same in his custody.

(9)The concerned person may get the vehicle released within a period
of ten days from the
date of seizure or detention of the vehicle, as the case may be, after
complying with the
requirements of law and on approval of the competent authority.

(10)In case the vehicle is not got released within the period
specified in Sub-rule (9), then, rental charges at the rate of one
hundred rupees per day, subject to a maximum of one thousand rupees,
shall be charged after the expiry of the said period of ten days from
the date of seizure of detention of the vehicle.]

-------- Original Message --------
From: "Dinkar Adeeb" <minhome.delhi@gov.in>
Date: Aug 5, 2016 4:11:29 PM
Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa vehicles
To: commtpt@nic.in, <commtpt@nic.in>


For attention Shri Sandip Kumar, Commr Tpt

-------- Original Message --------
From: Sarbajit Roy <sroy.mb@gmail.com>
Date: Aug 4, 2016 11:55:06 PM
Subject: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa vehicles
To: Dinkar Adeeb <minhome.delhi@gov.in>, indiaresists
<indiaresists@lists.riseup.net>
Cc: commtpt@nic.in


Kind Attn: Brig (Retd) Dinkar Adeeb

Dear Brig. Adeeb

It has been over a week and there is no revert / update on my
complaint which you kindly re-forwarded.

This is quite unlike the exceedingly prompt action which your office
took when a certain transport sector operator from Mumbai (who
incidentally has somehow become quite important in the Aam Aadmi
Party) contacted your office's Mr. Sunil Chandrakar for "sleuthing"
from the same GNCTD Transport Dept. office and was given information
in a few hours. In fact Moneylife.In magazine has quoted the AAP
office bearer as saying

"With an AAP government in Delhi, it has had the access to do some
more sleuthing as well."

http://www.moneylife.in/article/pankaja-munde-using-delhi-registered-range-rover-in-maharashtra-without-paying-taxes-aap/47627.html

If anything this proves my point that corruption is rampant and runs
rife in the Transport Dept and also evidently in your Minister's
office.

PS: If your Minister is incapable of doing his job for the benefit of
the ordinary Delhi-ites who elected AAP, then perhaps he should resign
and let the L-G run Delhi ?

sincerely

Sarbajit Roy
New Delhi

On 7/28/16, Dinkar Adeeb <minhome.delhi@gov.in> wrote:
> For a feed back for Hon'ble Minister pl...... From .OSD Tpt
>
> -------- Original Message --------
> From: "O/o of Minister (Health, Home, PWD, Power, Industries)"
> <moh.delhi@gov.in>
> Date: Jul 27, 2016 12:44:14 PM
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: HOME <minhome.delhi@gov.in>
>
>
> -------- Original Message --------
> From: Sarbajit Roy <sroy.mb@gmail.com>
> Date: Jul 27, 2016 12:33:00 PM
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: MIN H & FW DELHI <moh.delhi@gov.in>
>
>
>
>
> KIND ATTN: MR. Sunil Chandrakar
>
> As discussed with yourself today on telecon, and your assurance, I would
> appreciate your immediate reply on the following emails (trail appended)
> concerning transport dept..
>
>
>
>
> Sincerely
>
> Sarbajit Roy
> National Convenor
> India Against Corruption, jan andolan
> B-59 Defence Colony
> New Delhi 110024
> Tel: 8010205897 (Mob)
>
>
> ---------- Forwarded message ----------
> From: Operation Branch <dcops05@gmail.com>
> Date: Thu, May 12, 2016 at 10:59 PM
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: "V.D. Sharma" <vdayal61@gmail.com>
> Cc: sroy.mb@gmail.com, commtpt <commtpt@nic.in>
>
>
>
> for immediate necessary action please.
>
> ---------- Forwarded message ----------
> From: commtpt <commtpt@nic.in>
> Date: Thu, May 12, 2016 at 4:20 PM
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: DC OPS <dcops05@gmail.com>
>
>
>
>
> -------- Original Message --------
> From: GopalRai Minister <gopalrai.delhi@gov.in>
> Date: May 12, 2016 3:58:43 PM
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: commtpt <commtpt@nic.in>
>
>
> Sir,
>
> Forwarded for your kind perusal andnecessary action.
>
> With regards,
>
> O.S.D. to Minister of Transport, Labour
>
>
>
> -------- Original Message --------
> From: CM DELHI <cmdelhi@nic.in>
> Date: 28 Apr 2016 13:24:34
> Subject: Fwd: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa
> vehicles
> To: MIN TPT DELHI <gopalrai.delhi@gov.in>
> Cc: Sarbajit Roy <sroy.mb@gmail.com>
>
>
> Sir,
>
> This email has been received at CM's official emailID. It is being forwarded
> for your kind perusal and appropriate necessaryaction at your end.
>
> Regards,
>
> Rajeev Gupta
>
> O.S.D. - Chief Minister's Office
>
> -------- Original Message --------
> From: Sarbajit Roy <sroy.mb@gmail.com>
> Date: Apr 26, 2016 12:45:41 PM
> Subject: Re: CORRUPTION: Menace of E-rickshaws and Grameen Sewa vehicles
> To: cmdelhi <cmdelhi@nic.in>, commtpt <commtpt@nic.in>, osdlg
> <osdlg@nic.in>
>
> To:
> 1) Shri Arvind Kejriwal,CM GoNCTD
> 2) Comm. Transport GoNCTD
> 3) OSD to LG/GoNCTD
>
> Dear Sirs
>
> No action has been taken on my attached complaint below. It seems
> GoNCT of Delhi is not interested in acting upon complaints of
> corruption against its officers and departments.
>
> Despite notification of Transport Dept dated 11.Dec.2014 the
> E-rickshaws continuity to ply with impunity all over Delhi and
> especially on the notified streets where they are prohibited,
> such as Pankha Road and in notified roads of Dwarka.
>
> My private enquiries with Delhi Traffic Police indicate that
> prosecution under Section 115 MV Act for these vehicles is not being
> carried out properly because of gross corruption in Transport Dept
> GNCTD who have not even erected the traffic signs prescribed under the
> Motor Vehicle Act for the Police to prosecute them under s.115 r/w
> s.194 MV Act.
>
> It is further learned that E-rickshaw unions are bribing Transport
> Dept enforcement officers to refrain from taking action against them,
> especially for the unregistered e-rickshaws, and that the stupendous
> bribes involved are reaching high levels of government.
>
> Kindly inform me within 72 hours what action is being taken by you to
> immediately resolve this menace of e-rickshaws operating in Delhi
> which is a hazard to the other traffic on the roads as well as to the
> citizens.
>
> Sincerely
>
> Sarbajit Roy
> National Convenor
> India Against Corruption, jan andolan
> B-59 Defence Colony
> New Delhi 110024
> Tel: 8010205897 (Mob)
>
> On 2/8/16, Sarbajit Roy <sroy.mb@gmail.com> wrote:
>> To:
>> 1) Shri Arvind Kejriwal,CM GoNCTD
>> 2) Shri Parimal Rai, Comm. Transport GoNCTD
>> 3) OSD to LG/GoNCTD
>>
>> Dear Sirs
>>
>> VERY URGENT
>>
>> I am constrained to complain that there is GROSS CORRUPTION in
>> Transport department of GoNCTD concerning the plying of E-rickshaws
>> and permits to Grameen Sewa vehicles.which is causing menace to
>> commuters of DTC Bus services.
>>
>> In this connection,you may kindly review some videos taken at Sagarpur
>> DTC Bus Stop which is directly opposite Police Station Hari Nagar on
>> the Pankha Road on 6 Feb 2016.
>>
>> https://www.youtube.com/watch?v=yki1IQ_zGQ4
>>
>> https://www.youtube.com/watch?v=JDU0LoLfegw
>>
>> It is self evident that these poorly maintained Grameen Sewa tempos
>> and E-rickshaws (mostly unregistered) are stopping for long periods
>> directly in the "bus box" of the DTC stands and collecting passengers.
>> As a result the DTC buses cannot enter the bus lane and stop within 1
>> meter of the bus stop as they are required (in law) to do because of
>> these tempos. The bus passengers therefore come onto the road and
>> occupy the lanes and the buses stop in the 3rd lane. Thereby the
>> traffic capacity on the Pankha Road is reduced by a factor of 300%
>> merely because a few Grameen Sewa and E-rickshaws are parked at the
>> DTC bus stop. The air pollution in Delhi also spikes because of
>> traffic jams caused by these small capacity vehicles.
>>
>> There is also a major safety issue since bus passengers are forced to
>> go into heavy traffic to board buses stopping very far from the bus
>> stop. Since the E-rickshaws are mostly unregistered the Delhi Police
>> is unable to prosecute them. The responsibility of prosecuting these
>> unregistered E-rickshaws is that of Transport Dept/GoNCTD and not of
>> Delhi Traffic Police. It is very strange that these vehicles are still
>> plying on the Master Plan roads, and it reeks of huge corruption in
>> Transport Department.
>>
>> Accordingly, I am calling upon the GoNCTD Transport Department to
>> immediately impound all unregistered E-rickshaws everywhere in Delhi.
>> I am also calling upon Transport Department to cancel, by
>> notification, all permits of Grameen Sewa vehicles plying on Master
>> Plan roads (ie.roads which are 18 m.or more in width as per Master
>> Plan) and not sanction such routes.
>>
>> Kindly do so immediately and within 7 days in any case.
>>
>> Sincerely
>>
>> Sarbajit Roy
>> National Convenor
>> India Against Corruption, jan andolan
>> B-59 Defence Colony
>> New Delhi 110024
>> Tel: 8010205897 (Mob)
>>
> --
> OSD to Commr.
> Govt. of Delhi
>