Right2Information

Right to Information – Master key to good governance

‘Official Secrets Act should be repealed’ – “Right to Information – Master key to good governance”-

Posted by rtiact2005 on June 11, 2006

 'Official Secrets Act should be repealed' –

"Right to Information – Master key to good governance"-

the Information Commission should be entrusted with the authority and responsibility of monitoring the implementation of the RTI Act in all public authorities.


New Delhi | June 10, 2006 1:15:13 AM IST

http://news.webindia123.com/news/Articles/India/20060610/358554.html

The second Administrative Reforms Commission has suggested that the Official Secrets Act (OSA) of 1923 should be repealed, saying it is incongruous with the regime of transparency in a democratic society.

The commission chaired by senior Congress leader M. Veerappa Moily submitted its first report on "Right to Information – Master key to good governance" to Prime Minister Manmohan Singh, making several other recommendations for the effective implementation of the Right to Information Act (RTI), an official release said here Friday.

The report said suitable safeguards for the security of state should be incorporated in the National Security Act.

The commission recommended that at least half the members of the Information Commissions should be drawn from non-civil service background, "so that members represent the rich variety and varied experience in society".

"Complete reorganisation of public records is a precondition for effective implementation of RTI. A Public Records Office should be established in each state as a repository of expertise, to monitor, supervise, control and inspect all public records," it held.

It stressed that the Information Commission should be entrusted with the authority and responsibility of monitoring the implementation of the RTI Act in all public authorities.

It also sought "clear and unambiguous guidelines" to determine which non-governmental organisations should come under the purview of the Act.

The commission recommended that the states should establish "independent public grievance redressal authorities".

A crucial law for the promotion of transparency and accountability from the government, the RTI Act of 2005 allows citizens to demand information (in the form of records, documents, samples, orders etc.) from the government regarding any government department or office.

Central intelligence and security agencies are exempted from the purview of this act. (IANS)

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23 Responses to “‘Official Secrets Act should be repealed’ – “Right to Information – Master key to good governance”-”

  1. P.S.Saboo said

    I am Shri P.S.SABOO from Andaman and Nicobar Islands,and also a lifetime member of NCPRI. I am a RTI Seeker of these islands, it was seen that none of the Government Authority is following the rules and regulations for the Information Commission should be entrusted with the authority and responsibility of monitoring the implementation of the RTI Act in all public authorities.along with the Section 4 and its 17 points manuals.

    • P.S.SABOO said

      The deliberate and intentional violation of the CIC’s order by arbitrary misuse of power and authority, due to the leniency showed to the Chief Secretary of UT, A & N Administration in encouraging illegal, irregular and corrupt practices in utter violation to the RTI Act 2005 and disobedience and disregard to the CIC orders as well as the DoP&T orders by adamant and arrogant misuse of powers to suppress and camouflage the illegal activities taking place in the A & N Administration vide File No. CIC/SM/A/2012/001632, 1633 & 1840 dt. 15/03/2013. Towards implementation of Section 4 and its 17 points manuals.

  2. P.S.SABOO said

    Sub: Grievous complaint/ legitimate grievances on the illegal and arbitrary procedures being adopted by the controlling officials in various departments under the A & N Administration on whistleblowers/complainants who are trying to expose the illegalities, irregularities, misuses, misappropriations and embezzlement of precious Govt. Funds in a collaborative manner, claiming expenditure/ utilization, only on papers and files but not in actual practice – Reg.
    Hon’ble Sir,
    With reference to the above mentioned subject, I am deeply aggrieved, sorrowed and pained to narrate some of the woeful tales of discrimination and harassment of lower strata of Govt. staffs, by adamant, arrogant and unjustified, misuse of power and authority, by the higher bureaucrats of the Andaman & Nicobar Administration. Of late it has come to notice from reliable, confirmed and authenticated sources, that many sincere and honest govt. servants are being subjected to face inexpressible problems by misinterpretation/misuse of CCS (CCA) rules, at the whims and fancies of the officials.
    Sir, in this context, I am to reiterate that your highly appreciable and applauded, visions and commitments of transparency, responsiveness and accountability, with zero tolerance on corruption and corrupt activities, has created ripples of fear of being exposed and caught up, in corrupt activities, among the bureaucrats of the A & N Administration and they are resorting to all sorts of illegal means of withholding of salaries, illegal transfers, involvement in fake, false fabricated and concocted charges, by misusing their powers and authorities, in a unjustified, illegal, illogical and fraudulent manner, to suppress/camouflage their illegalities and irregularities of misappropriation of precious public utility funds.
    Sir, under the present scenario and prevailing circumstances, there is a high level of resentment and discontentment among the working fraternity of the lower strata of the govt. staffs and are helpless to raise their voice on corrupt practices, due to restraints/constraints in rules, restricting govt. servants from, presenting their frightful tales and woes, to your generosity, since the higher authorities are taking advantage of these restrictions and restraining the affected staffs, which is a matter of grave concern and a main obstacle to the discriminated and harassed lot of lower staffs.
    Therefore, it is our humble prayer to your generosity to intervene into this genuine grievances of the affected staffs and direct the concerned authorities of the A & N Administration, to grant permission, as per provisions of prevalent rules and procedures, immediately, on receipt of such requests, of expressing the legitimate grievances to your generosity, so that no one is deprived of a free and fair chance, to bring the matter to your kind knowledge, in the best interest of natural justice. Thanking you in anticipation, with the highest of hopes, towards remedial solutions on this particular constraint.

  3. P.S.SABOO said

    Subject: – Legitimate Grievance/complaint over the contrary, contradictory and controversial action taken reply submitted in response to my LG Grievance ID 4446 dated 19.01.2015 by of office of the Directorate of Health Services with a mala fide intention to suppress, conceal and stamp out the genuine contention raised in my aforementioned LG Grievance with respect to the illegal and arbitrary appoint of DHS as Food Safety commissioner, thereby intentionally and deliberately trying to sweep the grave issue under the carpet – Regarding
    His Excellency,
    With reference to the above cited subject matter, it is deeply aggrieved, abysmal and disgusting to bring the above articulated fact to your generous self kind notice that the fabricated and self manufactured reply submitted by the Health Department is unsatisfactory, false, misleading and is manifest violation of the Judgment of the Honorable Calcutta High Court on WP (PIL) 640/2012- Judgment dated 5th June 2014 and also is gross contempt of Court directions and it also indicate lack of will power to establish an authorized Mechanism for Food Safety & Standards Act 2006 in A&N Island for proper and effective enforcement. The following are the justifications and grounds.

    1. In the Honorable Calcutta High Court WP (PIL) 640/2012, the writ petitioner had challenged the appointment of Director of Health Services as Commissioner Food Safety, wherein the petition
    conspicuously Challenged the entire Notification issued by the Lt. Governor (Administrator) A&N Islands dated 15th December 2009 and 15th October 2010 appointing the Director of Health Services as “Commissioner Food Safety” by dehorsing the Food Safety and Standards Act and Rules, and subsequent Office Orders No.05 dated 01.02.2010, re-designating Senior Food Inspectors and Food Inspectors as Food Safety Officer and Office Order No. 92 dated 06.06.2011 appointing Designated Officers (Licensing Officer) and/or any other further order/orders appointing Designated Officers (Licensing Officer) issued by the Director of Health Services as “Commissioner Food Safety” being null and void.

    2. Wherein in the above WP (PIL) 640/2012, neither the Director of Health Services nor the Principle Secretary had filed any affidavit in opposition/reply and whereas the Food Safety and Standards Authority of India had filed in favour of the Public Interest Litigation / Writ Petition and the Writ Petition was finally disposed on 5th June 2014.

    3. In the Judgment the Honorable Calcutta High Court, conspicuously states that the Administration is not taking due care, Proper authorities under the said Act have not been appointed and /or designated. The court also felt that “At the same time we also feel that the Union of India has a duty to strict vigil over the issue and see the measures are taken by the Andaman Administration.” This means the appointment of Commissioner Food Safety is not as per Rules and is null and void and he is not of the Rank of Commissioner and Secretary to State government and all appointment notifications prior to the notification of FSS Rules 2011 ie date of 5th May 2011 are also null and void.

    4. Therefore it is totally wrong and misleading statement that the Director of Health Service of A&N Islands is of the rank of Commissioner and Secretary with a grade pay of Rs. 10000/-, as the argument did not stand good in the honorable High Court.

    5. It is great folly of equating Grade pay with Rank & calling the DHS as Commissioner and Secretary, the argument was not accepted by the court. Commissioner and Secretary Rank is conferred to an IAS-Civil Service Cadre Officer on completion of 16 years of service in the Civil Service Cadre and note to any Medical Officers Cadre.

    6. The post of Director of Health Services is reserved for GDMO cadre of A&N Islands and not for Civil Services Cadre, neither the DHS is appointed after passing Civil Services Examinations, nor have been a conferred IAS through UPSC. The self style declaration of DHS as Commissioner and Secretary is a blunder. The Rank of Commissioner and Secretary means an IAS officer who has completed 16 years service in the Civil Services Cadre (not in Medical Officers Cadre).

    7. A General Duty Medical Officer begins his career as a Medical Officer in the Medical Officers Cadre and all his promotions are for monitory purpose and in the entire career, a Medical Officer is never acquainted with various Law and order matters which a Civil servant gets to know. The two cadres are separate and of distinct functionality and the cadre controlling authority are also separate. The Present Director holds the posts of DHS on additional charge on adhoc basis, The Rank of the Director is below Secretary as he reports to a IAS Secretary, he also avails all the benefits such as NPA, Conveyance allowances etc which are applicable for GDMO cadre.

    8. A Civil Servant begins his career in the state with 2 years in probation. This period is spent at training schools, Secretariat, field offices or in a District Magistrate’s office. He is given the position of Sub Magistrate and has to look after the law and order and general administration including developmental work in the area under his charge. After the probation and 2 years of services as a junior scale officer, the officer is put in the senior scale. Then he may function as District Magistrate, Managing Director of a Public Enterprise or Director of a Department. Senior Scale comprises the Senior Time Scale (Joint Secretary), Junior Administrative Grade (Additional Secretary) and the Selection Grade (Special Secretary). Selection Grade is given on promotion after 13 years of regular service. The next promotion within the State is that of a Commissioner-cum-Secretary after 16 years.

    9. The Commissioner Food Safety is a statutory post and US/S 30 (2)(e) he sanctions prosecution for offences punishable with imprisonment by application of mind in the various provisions of Food Safety and Standards Law by cross reading with Indian Penal Code and Code of Criminal Procedures (The FSSA Act has to be read with IPC and CRPC in certain sections). He also needs to be sound in the Indian Evidence Act, other Trade Laws, Customs Act, Income Tax Act and several other Act and Rules so that he can effectively discharge and function as CFS and give prosecution sanctions to offences that carries imprisonment. An IAS officer is trained in the Laws and administration in various phases of his service career and it is these experiences which are the prerequisite for the Commissioner Food Safety to effectively function and a Medical Officer cannot get these experiences while working as a practitioner in a Hospital.

    10. In this regard, I want to state one of the folly of DHS/ Commissioner Food Safety who failed to give prosecution sanction to a case of Unsafe Tea (Tea Dust, Trinity New Star Tea) that was proven to be containing harmful chemicals/ artificial colors and under section 59 (Unsafe Food) of the FSS Act (it carried minimum 06 months imprisonment). The DHS instead of permitting prosecution sanction allowed compounding the offence with fine (The Act says any offence that carries imprisonment cannot be compounded R/w Section 69 proviso) and the offender got the advantage of lack of Law knowledge of DHS. These details have been received under RTI Act and the clarifications can be asked by the Principal Secretary, on the Food Analyst report, kindly call for the Food Analyst Report dated 20.05.2014 and the manner it was compounded. Thus the appointment of DHS as Commissioner Food Safety has damaged the effective implementation of the Act and the consumer are deprived from Safe and wholesome food guaranteed by the Act.

    11. Further it is requested to Read FSS Rules 2.1.1: Commissioner of Food Safety: 1. Qualification: “No person below the rank of “Commissioner and Secretary” to State Government shall be eligible to be appointed as the Commissioner of Food Safety” and also Read with -MHA OM No. 7/14/61-Ests. (A) dated 24th January, 1963: Swamy’s Compilation of Delegation of Financial Powers Rules –page No.37” which clearly say that An Officer appointed to perform the current duties of a post in addition to his own cannot exercise Statutory Powers, whether these powers are derived direct from an Act of Parliament. Therefore the appointment of Commissioner Food Safety being statutory in nature is to be Whole-Time and no person below the rank of “Commissioner and Secretary” to State Government shall be eligible to be appointed as the Commissioner of Food Safety.

    12. The statement of the DHS is contrary to the directions of Central government and as per the Act Read with 16 (5) The Food Authority may from time to time give such directions, on matters relating to food safety and standards, to the Commissioner of Food Safety, who shall be bound by such directions while exercising his powers under this Act and U/S 86, The power of Central Government to give directions to State Governments; there are numerous direction and advisories to which the Director of Health Services is willfully ignoring kindly call for the :- (i) Para 06 of the letter DO Letter No: 1-11/2012/CEO/FSSAI dated 2nd July 2012, the Authority had asked the Secretary Health to appoint CFS of the Rank of Commissioner and Secretary and warned consequences.(ii) The Deputy Commissioner N&M Andaman vide a Note to Secretary Health, dated 04th Sept 2012 had requested to appoint CFS of the Rank.

    13. More recently consequent upon Honorable Calcutta High Court Judgment the Food Authority wrote a letter to Dr.S.K.Paul DHS/CFS vide letter No: 1(9) 2011/A&N/ FSSAI dated 23.09.2014, wherein Shri. Sanjay Gupta, Assistant Director (Enf) has reiterated the direction of the central government and some of the major points in the letter are:- All statutory posts provided under the FSS Act, 2006, be created in the UT and filled on a Whole-Time basis including the posts of Commissioner Food Safety, DO, AO etc, To Make an authorized mechanism, all required posts can be filled, creation of separate setup/department and appointing Food Analyst. That sir the letter is very clear that all posts under FSS Act needs to be appointed on Whole-Time including CFS. Therefore the reply by Health Department is false and misleading and disrespect to LG help desk.

    14. The Statement by the Health Department is also false / misleading and contrary to its own note Vide No: 1-7/(5)/2014-CFS dated 17/11/2014 submitted to Principal Secretary (Health) which reiterated the direction of the central government with above major points that includes to appoint a Whole-Time CFS.

    15. It is not clear that the answer submitted by Health Department in the LG help desk by the DHS/ CFS has been vetted by the Law department and Principal Secretary (Health) of A&N Administration.

    16. It is the responsibility vested with the Principal Secretary (Health) that the Directions of the Honorable Calcutta High court in WP (PIL) No 640/2012 and Honorable Supreme Court in WP (Civil) No 681/2004 are implemented in letter and spirit and a Whole-Time Commissioner Food Safety of the Rank of Commissioner and Secretary to State Government may please be appointed and all the notifications of FSO, DO, AO needs to be notified again, on a whole-time basis failure to which the consumer has no other avenue other than to approach the Honorable Supreme Courts.
    In view of the above elucidated narrated fact, it is, therefore to highly pray your generous self to kindly personally intervene and peruse the subject matter on top priority basis and initiate action at your esteemed end as deems fit in order to ensure wholesome food for human consumption and to safeguard the fundamental right of every citizens of these Isles enshrined in the Article 21 read with Article 47 of the COI.
    I do hope that your generous self will mull over my humble request and create an authorized mechanism for food safety in accordance with the order of the Hon’ble Supreme Court in the writ petition civil (681 /2004).
    Thanking you in anticipation, for justified action and reply, in the best interest of principle of natural justice.

  4. P.S.SABOO said

    Sub: – Proper look after of AYUSH HOSPITAL at Port Blair and AYUSH in Andaman and Nicobar Islands as promised by Hon’able Lt. Governor while shifting AYUSH HOSPITAL from Atlanta Point – Reg
    His Excellency,
    Before the Honourable Lt Governor Andaman and Nicobar Islands seeking your kind attention for immediate appointment of at least 03 Homoeopathic Doctors at AYUSH Hospital, Port Blair for taking care of the rush of patients in the OPD of AYUSH Hospital in this regard I am to request your kind attention on the ANDAMAN SHEEKHA NEWS dated 12.02.2015 within Bracket the News item is reproduced for your kind perusal and kind action (Shortage of Homeopathic Doctors upset patients at AYUSH Hospital, Port Blair, Feb 11: It seems that when people of these Islands have started reposing faith in traditional medicines, the Directorate of Health Services is trying to disappoint the patients by showing less care towards AYUSH Hospital. Earlier AYUSH was shifted to a remote corner of the city with little connectivity and now there is a shortage of Doctors. As per information this hospital is too small to accommodate such a large number of patients. There is no sufficient space for patients to sit and wait for their turn. The area is very congested with less breathing space. Even though there is mad rush in front of Ayurvedic and Homeopathic Doctors, those posted here seems to be much less than what is needed for in a referral Hospital. As per information, till recently there used to be four Homeopathic Doctors catering to the demands of the patients. Children form major part of Homeopathic patients. Patients complain that even when these four Doctors were not
    enough to cater to their increasing demand, one Doctor was withdrawn. Now again another Doctor is on leave, but there is no replacement for him. Patients are suffering due to Step motherly treatment towards
    AYUSH Hospital by Directorate of Health Services, which is now leading to chaotic situation in AYUSH Hospital. Lack of proper parking place in and out of AYUSH Hospital is another problem awaiting every patient visiting this hospital. The Director of Health Service was not available immediately for a comment in this regard ( http://www.andamansheekha.com).That sir, it seems neither the Director of Health Services nor the APWD has any more interest after achieving the target of shifting AYUSH Hospital and their attention is pointed and shifted towards Medical College and no taking care is done for proper development of AYUSH Hospital. As a reward one of the Homoeopathic doctor (Dr.Manabika Dutta) who is actually posted at AYUSH Hospital (as per transfer posting order by the Hon LG) was arbitrarily shifted to PHC Garacharma by DHS without the approval of the transfer posting committee of the Secretariat and also Hon Lt Governor’s approval. It is to be noted that there is already one homoeopathic doctor working at PHC Garacharma and the average OPD is less than 20 to 25 and it is not understood why the manpower is wasted at PHC Garacharama when AYUSH is overcrowded and there is shortage of doctors. When contacted with the Programme Officer he was not available for comments, why 02 homoeopathic doctors are posted at PHC Garacharama with less than 20 to 25 patients, whereas at AYUSH it is about 250 to 300 OPD patients a day for Homoeo alone and long waiting for treatment as 02 doctors (Dr.Jawed and Dr.C.Mahato) are on leave without any arrangement for substitute and only one Homoeopathic doctor (Dr.Rani) is, as on date looking the OPD and IPD of AYUSH Hospital, who is over loaded with other duties. The situation of another Homoeo unit at PHC Tugapur is worse as the doctor who was posted under NRHM / DC N&M Andaman is on unauthorized absent for more than 07 months without any arrangement/ substitute by DC (N&M). The CHC Bambooflat and DR.R.P.Hospital ,Mayabunder also functions without Homoeopathy doctors for nearly 3 – 7 years. The situation warrants a close study by an independent Departmental secretary in charge for AYUSH to fill the vacancy under NRHM at PHC Tugapur, CHC Bambooflat, DR.R.P.Hospital, Mayabunder and also at Junglighat, AYUSH Hospital and also to install proper Air Circulation and Air conditioners of the entire AYUSH Hospital, since the hot humid atmosphere is creating discomfort for the patients, when it is overcrowded.
    Request the Hon’able LG to fulfill the promise made at the time of shifting AYUSH HOSPITAL and taking proper care in fulfilling the man power shortage and facilities.

  5. P.S.SABOO said

    Sub: A&N Administration Violates Hon’ble Supreme Court and Hon’ble Calcutta High Court Judgments, fails to appoint a Civil Servant / IAS officer of appropriate Rank as Whole-Time Commissioner Food Safety, to effectively implement the Food Safety and Standards Act, Request appoint a Whole-Time Commissioner Food Safety and re-issue All orders and Notifications of appointments of Food Safety Officers and Designated Officers, immediately – Reg
    His Excellency,
    With reference to the above mentioned subject, I am to request your kind attention into the matter of inappropriate and incomplete implementation of the Food Safety and Standards Act 2006,
    which came into force on 5th Aug 2011. As per the Act all the statutory requirements of the enforcement had to be done by whole-time officers who are of the appropriate Rank. But ever since the Act is
    being implemented, since 5th Aug 2011, the Director of Health Services is appointed as Commissioner Food Safety on additional charge. The Commissioner Food Safety being statutory in nature needs to be
    appointed on Whole-Time basis and also of “Not below the Rank of Commissioner and Secretary to State Government” as per FSS Rules 2011.

    The Commissioner Food Safety is the appointing and notifying authority of other enforcement staff (FSO and DO) and also the authority which sanctions prosecution for institutions court cases on Food
    Adulteration. If the Authority’s appointment is wrong, the culprits can easily challenge the appointments and prosecutions sanctions. The Food Safety Authority of India in its letter addressed to the Commissioner and Secretary Health, A&N Admn, vides its letter No: DO.No.1-11/2012/CEO/FSSAI dated 2nd July 2012 had indicated the serious repercussions, if the CFS is appointed below the Rank. The letter may be called for your kind perusal.

    Sighting the above the “Island Protection Forum” an NGO from A&N Islands had filed a Writ Petition for appointment of CFS and other enforcement staff as per the Act and Rules and creation of a separate department of Food Safety. In the judgment in the WP (PIL) 640/2012 dated 5th June 2014 the Hon’ble Court held that “A&N Administration has not taken due care, Proper authorities under the said Act have not been appointed and /or designated. The court also directed the Union of India, who has a duty to strict vigil over the issue and see the measures are taken by the Andaman Administration”. It is to be noted
    that even after 06 months of the Court Order the Administration is not taken a serious view to appoint a Commissioner Food Safety of appropriate rank on a whole time basis from the Civil Services Cadre and create a separate department. It is also to be noted there was another WP [WP (Civil) No. 681 of 2004] in the Hon’ble Supreme Court for effective implementation of Food Safety and Standards Act 2006, which was disposed on 22nd Oct 2013 and in its judgment the Hon’ble Court had directed the Union Government and its counterparts, to gear up their resources and held that it is of utmost importance that the provisions of the Acts are properly and effectively implemented so that the State can achieve an appropriate level of human life and health, safeguarding the right to life guaranteed under Article 21 of the Constitution of India.

    It is to be noted that subsequent to the Hon’ble Supreme Court and High Court’s Judgment in a recent letter to the Director of Health Services the FSSAI and Central government directed him to take
    apprise Administration to take actions on Five point indicated in the letter No: 1(9)2011/A&N/FSSAI dated 23/09/2014, the letter clearly States that the A&N Administration needs to create a separate setup for Food Safety with all ministerial staff building etc and Appoint all Statutory Functionaries including the Post of Commissioner Food Safety, Designated Officer and Adjudicating officer, on a whole time basis. Kindly call for the letter No: 1(9)2011/A&N/FSSAI dated 23/09/2014 and actions be taken on each point within a time frame of 01 month, as this is a matter of serious negligence by the Director of Health Services and other the responsible officers of the Administration who are shouldered with the duties and responsibilities to implement the Supreme Court and High Court Judgment within 03 months but now it is more than a year of Supreme Court Judgment and more than 06 months of High Court Judgment.

    It is learnt that, during VVIP visits the Food Safety enforcement under Deputy Commissioner South Andaman are engaged for preventive actions and in the event of any untoward happening all the
    prosecutions would prove futile, as all the Notification/ appointments of Commissioner Food Safety, Food Safety Officers and Designated Officers are improper and proven improper in the Hon’ble Calcutta High
    Court. This is a grave situation that they not only consumers even the VVIPs does not have rightful avenues to demand protection from Food Adulteration. Therefore the entire present enforcement activities are
    nothing but Eye wash and needs to be corrected.

    Principle Secretary (Health)’s office is primarily responsible to implement the Judgments of Supreme Court and High Court and the DHS needs to appraise the facts timely to the Administration and together all are ignoring the judgments thereby bringing disregard to the highest institution. Not only this, several files, letters, advisories sent by the Central Government, DHS to the Principle Secretary (Health)’s office, since 2010, are wanting attention of the Hon’ble Lt Governor.

    There is a perception among people that IAS / Executives appointed for Islands are somehow wants to complete tenure of postings and pass the responsibilities on the shoulders of subordinate authorities/ Director of Health Services and this perception needs to be changed and the Executives needs to shoulder responsibilities of Food Safety Act implementation.

    In this regard it is requested to immediately appoint the Principal Secretary (Health) or an Civil servant of the Rank of Commissioner and Secretary Rank, as the Commissioner Food Safety on Whole-Time Basis and re-notify once again all the appointments notifications of Food Safety Officers, Designated Officers by the Whole-Time Commissioner Food Safety, so that the validity of appointment of enforcement staff
    cannot be challenged by any offender. These may please be treated as a grave matter of most urgency in the interest of safeguarding the fundamental rights of citizen as enshrined in the constitution of India and to give the citizens a rightful avenue for grievance redressal.

  6. P.S.SABOO said

    Sub : Grievous complaint/ legitimate grievances against the controversial, contradictory, illegal, illogical arbitrary, adamant, arrogant and unjustified, elevated posting of Public Representative as Head of the Port Blair Municipal Council in utter violation to the GOI norms, guidelines and directives, on self manufactured laws, at the whims and fancies of the A & N Administration to satisfy the personal benefits of the higher bureaucrats, in fraudulent money laundering activities, thereby subduing the vested powers and authority of the GOI designated Secretary in the PBMC – Reg.
    Hon’ble Sir,
    With reference to the above mentioned subject it is highly ridiculous, controversial and contradictory to observe that the PBMC which is a corporation under the A & N Administration is adhering to its own rules and regulations, in which previously the designated Secretaries were vested and empowered with the Administrative and financial powers, have been relinquished of their powers and astonishingly of late for the past few years i.e. since 2008, it is observed that the elected public representatives i.e. have been empowered and vested with Administrative and financial powers, thereby nullifying the designated and posted secretaries’ and officials, powers at the hands of illiterate, lowly literate and unqualified public representatives and compelled to work under their guidelines and instructions, which is beyond the constitutional rules, guidelines and regulations.
    In this context, on the contrary it would be contrasting to observe that when the Chief Secretary, who is under the control and guidance of the Administrator and the other secretaries’ are under the control and guidance of the Chief Secretary, how come the PBMC Secretary is under the Administrative control of the Public elected representative i.e. the Chairperson.
    Under the prevailing circumstance the public representatives in collaboration with the Chairperson are flouting the prescribed GOI directives and guidelines and are passing their own resolution at their whims and fancies and the concerned PBMC Secretary, is merely a spectator and compelled to pass their resolution, which is against and bad in law, at every level , thus it is the general public who have to face the unlawful brunt of the public representative, devoid of any logic and fruitful reasoning, to the general public, resulting in money laundering, misappropriation, embezzlement and fruitless misuse, swindling and squandering of precious public utility funds.
    In this context it is to be reiterated that recently when a general public namely Shri. P.K Majeed, approached the Secretary towards resolution of genuine grievances concerning the PBMC, it was shocking revealed by the Secretary Shri. Sheo Pratap Singh, IAS, that there is no complaint mechanism in the PBMC and he himself as well the general public, are at the mercy of the Public representative, who are ironically and ridiculously vested with all the Administrative powers.
    As a matter of fact, recently there is rumors and talk of the town, that the public representatives are planning to regularize all the illegal buildings constructed on encroached public/govt. Revenue lands, under Municipal Limits, by passing a resolution, which would adversely affect the genuine general public and needs to be stopped immediately, since the PBMC is not the concerned land regulating authority of the A & N Administration and the powers of relaxation and regularization of land governed is by LR&LRR Rules under the vested administrative powers of the Secretary (Revenue) and the Deputy Commissioner (South Andaman)
    It is also reliably learnt that although several illegalities, irregularities and corruption matters have been established by the investigating agencies and inflicted with punishment, towards recovery of the laundered money, by the CVO, these matters of misuse, swindling and squandering of precious public utility funds, have been suppressed and camouflaged by the public representatives, by passing their own self manufactured resolutions/agenda through council meetings, thereby protecting, shielding and acquitting, the corrupt officials and sharing the booty among themselves and thus deceiving and cheating the general public.
    Therefore this matter needs to be interrogated in its true perspective to save the general public and the Govt. Exchequer towards fruitful utilization of precious public utility funds towards the developmental public activity and the need of the hour demands the immediate relinquishing of the powers of the Public representative and passing it to the Secretary PBMC, to safe guard the PBMC and the general public, from the meticulous acts of the public representatives, in the best interest of natural justice to bring about transparency and accountability, for a corruption free society.

  7. P.S.SABOO said

    Subject:-Legitimate grievance/complaint over the arbitrary fixation of undue /hefty /unwarranted/ unjustified / extravagant Honorarium for performing the duties with respect to the General Election, 2014 to scores of sycophant staff working under the O/o. The Deputy Commissioner (SA), A&N Islands by clandestinely placing them in the category- I of the finalized Honorarium List owing to their hand in gloves with the concerned authorities and thereafter deliberately depriving and discriminating the genuine entitled staffs of category-I by arbitrarily listing them in Category-IV of the Honorarium List with an mala fide intention to favour the aforesaid sycophant staff, thereby causing undue pecuniary loss to Govt. Exchequer with the pretext of Honorarium payment- Regarding.
    Ref: – Honorarium List vide Letter No. 1-52/E-Cell/LS/RO ANIPC / SA / 2014 / 9070 dated 08.12.2014
    Hon’ble Sir,
    With reference to the above cited subject matter, it is, deeply aggravating, abysmal, deplorable and disheartening to bring the above articulated fact to your generous kind notice that the aforesaid concerned authorities by transgressing their official power and limit has favoured a score of undeserved sycophant staffs working under the O/o. The Deputy Commissioner, South Andaman by clandestinely placing them in the category- I of the Honorarium List for performing the duties with respect to the General Election, 2014 instead of their original entitled category. Meanwhile, it is, more appalling to mention that the genuine deserved staffs of Category –I has been discriminated and sidelined by the concerned authorities by arbitrarily and whimsically listing them in the category-IV of the existing Honorarium List with a mala fide intention to favour the aforesaid sycophant staffs. This appears to be a matter of grave concern.
    In this context, it is, to reiterate that there is few sycophant staff in the aforementioned finalized Honorarium list those had never been officially ordered for the General Election, 2014 duties and are been clandestinely placed in the category –I of Honorarium List. Such gross abuse of power and authority by the concerned authorities in order to favour such undeserved sycophant staffs and thereafter deliberately discriminating and depriving the genuine deserved staffs entitled of category-I cannot be countenanced on the touchstone of Article 14 of the Constitution of India, which completely prohibits discrimination in any form.
    It is, to further epitomize that such unjustified and illogical favouritism at the cost of Govt. Exchequer is utterly prejudicial and detrimental to the legitimate interest of the tax payers. Such manifest arbitrary action of manipulating the Honorarium list by the concerned authorities is highly condemnable and objectionable at every level. At this juncture of time, it is, imperative on the part of the appropriate authority to review/re-examine the aforementioned Honorarium list at his esteemed end in order to ascertain the genuineness of my aforementioned claim and avert any undue pecuniary loss to Govt. Exchequer.
    In view of the above prejudicial and detrimental circumstantial fact, it is, highly pray your generous self to kindly intervene into the subject matter on top priority basis and direct the appropriate authorities to re-examine/review the aforesaid existing finalized Honorarium List in order to weed out and expel the undeserved sycophant staffs placed arbitrarily in Category-I and thereafter , list the name of the genuine deserved staffs in the category-I of the so reviewed Honorarium List and safeguard the Govt. Exchequer from any due pecuniary loss.
    I do hope that your generous self will take cognizance of the aforementioned elucidated fact and initiate action in the legitimate interest of the principle of natural justice.
    An early favorable action in the matter is highly prayed.

  8. P.S.SABOO said

    Subject:- Legitimate plea for the immediate filling of all vacant posts with respect to BHMS Doctors under the Directorate of Health Services – Reg
    Before His Excellency The Honb’le Lt Governor,
    Sir I am to bring to your kind attention that at the CHC Bambooflat and DR.R.P.Hospital, Mayabunder no Homeopathic Doctor is posted, since last 5 to 7 years. Whereas against these posts already appointments are done but these doctors are engaged else where. Presently at CHC Bambooflat and DR.R.P.Hospital, Mayabunder Pharmacist who are also BHMS doctors doing both work without any extra salary. It is also leant that the Honb’le Court in a case filed by a Pharmacist who is also qualified BHMS doctors had directed the Administration to appointment them as Medical Officers and pay them the entire salary for the work done as Physician
    and if it is implemented 02 posts of Homoeo Pharmacist will be created. It is also learnt that in PHC Campbell Bay and BJR Hospital Car Nicobar 02 posts of Homoeo Pharmacist are lying vacant for the past 5 years, and these posts are now deemed ban due to the negligence and aversion of Director of Health Services towards AYUSH. Large number of youth are waiting for JOB, you are requested to immediately transfer 02 Homoeopathic Medical doctors by transfer or appointing the qualified BHMS Pharmacist as Medical Officers. Also all the vacancies may please be immediately filled on public interest. There are also no proper implementation of rotational transfer for Pharmacist as many are working in South Andaman for past 15 years and unfortunate ones are still hoping for transfers.

  9. P.S.SABOO said

    Subject: – Legitimate Plea to include the usual/due rider/proviso of mandatory competitive written Examination in the Recruitment Rules framed by A&N Administration for the Post of P.G.T, Librarian, Craft Instructor etc in the Education Department, A&N Administration to more justifiably and transparently adjudge the professional ability of the concerned candidate/aspirants, in view of the Central Teacher Eligibility Test (CTET) not applicable for the appointment of afore stated posts- Regarding
    His Excellency,
    With reference to the above citied subject matter, it is deeply deplorable, abysmal, appalling and disgusting to bring the above articulated fact to your generous self kind notice that the concerned authority of A&N Administration has been unmindfully sidelining and exempting the due/usual rider/proviso of mandatory competitive Written Test in the Recruitment Rules framed for the selection of P.G.T, Librarian, Craft Instructor etc in the Department of Education, A&N Administration and has unprecedently opted the selection procedure of eligible candidates on the mere basis of their Academic Marks & Experiences in the field regardless to their eligibility, without taking into account its serious repercussion and adverse impact on other eligible candidates.
    His Excellency, it is, indisputable that the statutory rider/proviso of competitive written Examination in the Recruitment Rules for the selection procedure of a candidate in any Department under the A&N Administration is a mandatory requirement for a transparent and fair selection of eligible candidates/aspirants. Moreover, all the concerned Departments of A & N Administration has been opting the due and usual procedure of competitive written examination for the selection of candidates in merit except the Department of Education which is a matter of grave concern.
    In this context, it is, to reiterate that the Central Teacher Eligibility Test (CTET) is only applicable for the PST and GTT and the rest of teaching and the non-teaching candidates are exempted from the same, therefore further selecting the above candidates on the mere basis/merit of their Academic Marks and Experience are utterly illogical, irrational, unjustified and ridiculous. It is, undoubted that the professional efficiency, calibre and eligibility of a candidate cannot adjudge on the mere basis of their Academic Marks since the scores of candidates may have pursued their education in such institution in mainland having low standard of Education where scoring marks is not a concern. Hence, further without a fair competitive written examination the real eligible candidates/aspirants would be deprived and discriminated from their due right of employment enshrined under Art14 and Art16 of the COI and would be further ultra vires of Art 16 and Art 14 of the constitution of India, that guarantees every citizen equal opportunity in public employment matters. Hence all appointments must be made in conformity with the constitutional scheme under Art 14 and Art16 of the COI.
    Therefore, it is, Sine qua non on the part of the concerned authority of A&N Administration to bring the selection procedure for the afore said category under discussion on par with the mandated prescribed procedure of selecting candidates in other agencies of A&N Administration. So, that the real eligible candidates are not deprived and discriminated in any circumstance.
    In view of the above prejudicial and detrimental circumstantial fact, it is, to highly pray your generous self to kindly intervene into the subject matter on top priority basis and advice the appropriate authority of A&N Administration to expeditiously include the usual/due rider/proviso of mandatory competitive written Examination in the Recruitment Rules for the selection procedure of P.G.T, Librarian, Craft Instructor etc in the Department of Education, A&N Administration to more justifiably, transparently and fairly adjudge the professional ability and calibre of the eligible candidate/aspirants.
    I do hope that your generous self will mull over my humble request in the legitimate interest of the general public of these Isles.
    Thanking you in anticipation, for justified action and reply, in the best interest of principle of natural justice.

  10. P.S.SABOO said

    Sub: Grievous complaint/ legitimate grievances against the reply provided by the LG’s Secretariat i.e. “For any specific grievance, you may kindly approach the administrative secretary/HOD concerned with relevant papers during public meeting hour or after fixing an appointment” – Reg.
    Hon’ble Sir,
    With the highest of my revered respects and regards, I would like to draw your kind notice and attention to the facts mentioned on the subject above, that we are deeply aggrieved, sorrowed, pained and helpless to bring to your kind consideration that we are approaching your generosities Helpdesk after resorting/attempting to all possible steps/means of solutions to our unending problems, illegalities, irregularities and corruptions taking place in the A & N Administration and it is deeply saddening, painful and aggravating to observe that the genuine and legitimate complaints are being closed and completed arbitrarily under the pretext and directions to approach the administrative secretary/HOD concerned with relevant papers during public meeting hour or after fixing an appointment.
    Sir, in this context it is highly controversial and contradictory on the part of the LG’s Helpdesk mechanism to ask the complainant to meet the concerned, who themselves are involved in the corruption and obviously it would be established/ascertained by them, that they are correct in every aspect and it would be the complainants who would be left hanging into fire for want of justice, which is highly unnatural and unjustified.
    Sir, therefore, it is my humble prayer to your generosity, to involve the impartial investigating agencies like the Anti-corruption, CBI, Investigation Bureau etc., at your disposal, to ascertain the veracity of the complaint on the public authorities, towards eradication of corruption from the society instead of directing the complainants to approach the administrative secretary/HOD concerned with relevant papers during public meeting hour or after fixing an appointment, which would be a futile attempt, on the part of the complainants.
    Sir, eagerly and anxiously awaiting for a prompt action, with zero tolerance on corruption, to bring about transparency, responsibility and accountability on the public authorities. Jai Hind…

  11. P.S.SABOO said

    Sub: Grievous Complaint/ Legitimate grievances against the illegal and un-authorized occupation of Tsunami Shelters at Nayasahar Tsunami Enclave in utter violation to the Terms and Conditions of the Allotment Order issued by the Deputy Commissioner – Reg.
    Hon’ble Sir,
    With the highest of esteemed respects and regards, in reference to the above mentioned subject, I would like to bring to your kind notice and stern action the fact that, most of the allotted Tsunami Shelters at Nayashar Tsunami Shelter Enclave have been occupied by illegal and unauthorized tenants, who have not been allotted with the shelters, in utter violation to the Terms and Conditions of the Allotment Order issued by the Deputy Commissioner, thereby causing unwarranted problems to the authorized tenants and totally disturbing, the peaceful day to day life. In this context it is learnt from reliable and confirmed sources that some the Tsunami Victims who were allotted/provided these shelters are not utilizing it to its potential and they have either sub-let it on rental basis or are being accommodated by some of their relatives and friends, due to which many unwarranted problems are being created and miscreants are creating problems with the actual residents i.e. the Tsunami Victims and the peace and tranquility of the enclave is disturbed due to illegal activities.
    Moreover, to substantiate these illegalities, the number of cases registered in the Police Station Manglutan, since allotment of the Tsunami shelters to till date, would evidently and explicitly reveal, the number of illegal activities taking in these shelters, due to the unauthorized occupants.
    It is also learnt from reliable and confirmed sources that on a complaint preferred, to the Assistant Commissioner/SDM, a survey team visited the said site and prepared a report/list on the illegal occupants but since the illegal occupants were the friends and relatives of the survey team, the matter has been suppressed/camouflaged by obtaining illegal gratification.
    Therefore, in this context, it is requested to intervene and enquire into the matter and evacuate/ evict the unauthorized illegal occupants and on confirmation from the actual allottees towards their necessity they may directed to occupy their shelters or vacate it immediately to pave a way for re-allotment of the same to some authorized needy persons like the physically challenged persons or govt. servants as residential quarters.
    Thanking you in anticipation, for a remedial solution, on priority basis, in the best interest of natural justice.

  12. P.S.SABOO said

    Sub: Grievous complaint/ legitimate grievances against the non-refunding of 0.50 paisa by the LPG distributors (Subsidized) cylinders, at the time of delivery of LPG cylinders by the CCS LPG distributors as well as Priya Indane distributors – Reg.
    Hon’ble Sir,
    With reference to the above mentioned subject I am deeply aggrieved, sorrowed and pained to bring to your kind notice and consideration the fraudulent practice being practiced by the CCS LPG distributors as well as Priya Indane distributors in respect of subsidized cylinders.
    In this context I am to reiterate that the CCS LPG distributors as well as Priya Indane distributors are not refunding the 0.50 paisa to the customers and are adamantly and arrogantly taking the rounded off amount of Rs. 434/- and when the customers are demanding the excess amount of 0.50 paisa the cash collectors are denying harshly to the refund of the 0.50 paisa. When the actual price of the LPG cylinder is only Rs. 433.50 (only), how they are collecting the rounded off amount of Rs. 434/- which is totally illegal. It is accepted that this a negligible amount for the customers, but it is a huge amount to the LPG distributors, who are delivering nearly 2,00,000 cylinders and are making an hefty amount of Rs. 1,00,000/- which is not being accounted and obviously it would be distributed among the staffs by the CCS LPG distributors as well as Priya Indane distributors.
    Hence, this is matter of grave concern and under the prevailing circumstance, it is obvious that till date a huge amount of money would have been collected and equally shared among the LPG distributors and it is the general public who are at the receiving end for refund of their hard earned money of 0.50 paisa.
    Moreover, the reply provided by the Indian Oil Corporation has now enhanced the rate of domestic LPG cylinders from Rs.433.50 to Rs.437/- and there is no question of refunding 0.50 paisa to the LPG consumers. But our demand was that already the above said LPGs distributors had been sold in the prices of Rs 434/- instead of Rs 433.50, and also intimate that how many LPG cylinders had been distributes by the IOC to the CCS LPG distributors as well as Priya Indane distributors as on the prices of Rs 433.50.
    Therefore, it is requested to your kind self to interrogate into this matter on top priority basis in the best interest of natural justice and direct the CCS LPG distributors as well as Priya Indane distributors to round off the payable amount of cylinders to avoid such type of discrepancy and filling up of their pockets from the 0.50 paisa earned on all LPG cylinders and the already amount earned may be refunded to the Govt. Exchequer, which would be utilizable towards the developmental activities of these Islands instead of being embezzled by the LPG Distributors.
    Thanking you in anticipation for a prompt action, in the best interest of natural justice.

  13. P.S.SABOO said

    Sub: Grievous complaint/legitimate grievances against the illegal and arbitrary installation of statues/structures in other public utility places by the A & N Administration in collaborative connivance with the PBMC, in utter violation to the Hon’ble Supreme Courts Directives, Norms, Orders and statutory guidelines – Reg.
    Sir,
    With reference to the above mentioned subject it is totally sorrowful, distressful, disheartening and painful to mention that the A & N Administration which is totally bound by the constitution of India, is not adhering to its directives and guidelines and are functioning under their own self styled directives and guidelines, in utter violation to the Hon’ble Supreme Court’s order dt. 18/01/2013 passed in the matter of SLP(C) No. 8519 of 2006 titled Union of India-Vs-State of Gujarat and Others.
    In this context it is to be reiterated that recently on 18/09/2014 the Port Blair Municipal Council executed and inaugurated a PVC Memorial at Marina Park, which was a public utility places for the kids and Tiny Tots and utilised as a mini park with amusement articles, with the development and investment of a large amount of Govt. Revenue and public utility funds, for several decades, but astonishingly enough this Mini Park has vanished and in its place a Param Veer Chakra Memorial has been established, totally destroying the well established park, thereby the depriving and denying the legitimate rights of the future generations, to the extent that now there is no space for the kids, to enjoy their natural environment.
    Hence under the prevailing circumstances, it is highly ridiculous and ironical, as to how at the first instance, this proposal was initiated and passed. It appears that the A & N Administration was in as deep slumber, unaware of the Hon’ble Supreme Courts orders mentioned above and the CRZ restrictions therein.
    As a matter of fact it is not objectionable that a memorial has been created in “remembrance to pay respect and obeisance to the valiant brave hearts who scarified their lives for the cause of our motherland” but it is objectionable that the concerned authorities of the A & N Administration have not adhered to the Hon’ble Supreme Courts Orders and flouted all the directives, rules and regulations , by constructing a PVC Memorial at Marina Park, a Public Utility place, in utter violation to the Hon’ble Supreme Courts Orders. On the other hand had they paid heed to the Hon’ble Supreme Courts orders, they would have selected some other suitable location, which would not have been a public utility place and would have been in adherence and compliance to the Hon’ble Supreme Courts orders.
    Thus under the prevailing circumstance, this incorrigible act of the A & N Administration, is highly condemnable and all the concerned authorities, involved in this gruesome act, need to be reprimanded for their willful, deliberate and lackadaisical violation of the Hon’ble Supreme Courts orders.
    Thanking you in anticipation, for justifiable action and reply, in the best interest of natural justice, to curb/curtail the misappropriation of huge Govt. Revenue and precious public utility fund, to bring about transparency and accountability, to weed out corruption prevailing in this far flunged remote, solitude and isolated islands.

  14. P.S.SABOO said

    Sub: Complaint/objection against the controversial, contradictory, false, fabricated, malicious, misleading and misguiding reply provided by the Education Department to suppress/camouflage the illegalities of favouring Mr. John Mathew, Head Master, Education Department and his family members like wife, son, daughter and relatives like uncle, aunty, nephew, niece, etc. to have a extravaganza tour to Japan in an illegal and arbitrary manner in utter violation to the directives and guidelines of the GOI/MHRD/Lt. Governor of A & N Islands, thereby depriving and denying a fair opportunities to the students of private schools and the duly selected students/staffs faculty of various Govt. Schools of the A & N Islands –reg.

    Ref: My Grievance No. 1315 dated 26/10/2012 and the reply and action taken date provided by the education department on 01/11/2012.

    Sir,
    With reference, to the above mentioned subject, I am deeply aggrieved annoyed and astonished to note that the Education department has provided such a false and fabricated reply in response to my above mentioned grievance that it is ridicules and un-digestible under any cost.

    In this context, I am amazed to reiterate that how the Education Department could provide such a baseless, false and fabricated reply. It appears that the Education Department is a Gotham and reply provided seems to be Gothamite in every aspect, otherwise it cannot be imagined how daringly they have provided this reply.

    Moreover, it has been mentioned, that some supporting documents have been provided to me under RTI act, which is totally false and fabricated and explicitly reveals that the Authorities of the Education department are providing reply in an adamant and arrogant manner, making a mockery of the complaints lodged on the Lg’s Helpdesk, to bring about transparency and accountability and provide justice to the aggrieved citizen of these Islands.

    In this context, I have never preferred any RTI in this matter and challenge the Education authority to provide proof on their proclamation of providing supporting documents to me. Moreover, I have not asked for any documents but preferred a complaint in the Lg’s Helpdesk to unearth the corruption, which has taken place.

    Thus, in this prevailing circumstance, it would be appropriate to interrogate into this matter by an impartial investigating agency like CBI/CVC on top priority basis and book the culprits involved in this illegal and irregular misuse of MHRD funds by misuse of power and authority and misguiding and misleading the A & N Administration and the GOI/MHRD/General public of these Islands.

  15. P.S.SABOO said

    Subject: – Legitimate grievance/complaint against the Highly Fabricated/contradictory action taken reply submitted by the authorities of APWD in respect of my LG Grievance ID 3861- Regarding

    Sir,
    The enquiry report submitted as action taken reply from your good office in respect of my LG grievance ID 3861 is completely fabricated /contradictory and conflicting with the factual circumstance that was exposed / revealed in my aforesaid LG Grievance. In this context, it is, to further reiterate and clarify that your good office (O/o. The C.E, APWD) has indisputably used Polythene made tricolors and not plastic made tricolors as claimed in your action taken relpy for
    decoration purposes around the venue of Flag Hosting. It seems that the above action taken report submitted at your good end was with a willful intention to sweep the above grave issue under the carpet and make my genuine submission with His Excellencies Helpdesk futile and ineffective, which is matter of grave concern. However, it is, to further appraise of your good self that even the use of plastic made tricolors as claimed in your action taken report would indeed seriously amount to the violation of the mandates of The Flag Code of India, 2002. Since, The Flag code of India, 2002 mandates that the National Flag of India shall be made up of hand spun and hand wool/cotton/silk kadhi bunting and papers. It would have been appreciable and expedient, if your good end has directed concerned authorities of your good Department to ensure that such recurrence of violation of the Flag Code of India, 2002 does take place in future, instead of submitting a highly fabricated action taken reply with an intention to safeguard and insulate your concerned officials from any legal proceedings.
    Note: – For more justification in the matter Photographs is available with our good organization showing the use of polythene made Tricolors at your good office premises for decoration purpose.

  16. P.S.SABOO said

    Sub:- Grievous complaint/legitimate grievances against the award of illegal and arbitrary labour contract by EE, SAD, APWD, in collaborative connivance with the labour commissioner and the labour contractor, totally violating/flouting the rules, directives and guidelines of the GOI/Ministries in adamant and arrogant manner, causing heavy revenue loss to the Government by gross abuse of power and authority-reg.
    Sir,
    with reference to the above mentioned subject, it is reliably learnt from confirmed and authenticated sources that the EE, SAD, APWD, in collaborative connivance with the labour commissioner and the labour contractor, is totally violating/flouting the rules, directives and guidelines of the GOI/Ministries, in adamant and arrogant manner, causing heavy revenue loss to the Government by gross abuse of power and authority.
    In this context, it is exposed that the said Executive Engineer is awarding labour contract to the labour contractor, par below the acceptable rates in the contract, which is totally incredible at the present rates under which is the labours are engaged. It is learnt that the concerned without adopting to the mandatory EPF registration certificate issued by labour commissioner and labour commissioner certificate indicating labour registration number and register is awarding labour contract to his sycophant contractors who in turns are involved in irregularities and illegalities by not adopting to the terms and conditions of the contract and in most of the cases the JE/AE’s are jeopardy to execute their time bond works and in most instances they are compelled to make their own arrangements towards labour utilization towards the execution/completion of the emergent work, which is a cause of main concern and constrain on the sincere and honest JE/AE’s.
    As a matter of fact if this labour contract is issued as per the CPWD manuals on muster roll, it would have been profitable to the Government and would have avoided inconvenience on the JE and AE’s, who have to cope up and manipulate the salary payments of the contractors under pressure, from the higher officer. If these payments are made directly under the muster roll, the benefits of the salary to the laborers, would have gone directly to them,instead of going into the hands of the contractors and then thereby received by them, in which the labour contractors are earning commission, which would be equally shared by the contractors and awardees for no fruitful work on their part.
    Moreover it has been reliable learnt from confirmed sources, labour contract for various sections under SAD had been awarded by floating a tender on or about last week of July, 2014 without fulfillment of the requirements of the terms and conditions towards award of this illegal contract to his favored sycophant contractor namely 1) R N Construction,(05 Tender of labour contract awarded/Taken and 200 labours should be distribute for Five site section) 2) Vinit Naidu, ,(02 Tender of labour contract awarded/Taken and 100 labours should be distribute for Two site section) 3) Lakshya Co-operative Society, ,(01 Tender of labour contract awarded/Taken and 50 labours should be distribute for one site section) below the unjustified rates, which cannot be complied by the contractor under any circumstance and explicitly and evidently reveals collaborative criminal conspiracy on the entire matter.
    In this context, it to further clarify that the aforesaid labour contractors in active collusion with the concerned departmental authorities are sidelining all the stipulated/mandated requirements like EPF deduction certificate, labour Registration number/register etc for manipulating the aforesaid affairs according to their own whim and fancies at the cost of public exchequer and govt. machineries. Interestingly, the aforesaid labour contractors despite lacking labours, the concerned departmental authorities are deliberately turning blind eye over the grave issue with an mala fide/willful intention to favour/facilitate the afore said incompetent contractors , which clearly reflect a quid pro quo relation among them that has been routinesed for the past three years.
    Therefore, it is requested to intervene and interrogate into the matter on emergent basis and stop these illegal labour contract immediately in the best interest of natural justice towards unnecessary loss of Govt. revenue and bring about transparency, accountability and responsiveness on the concerned authority for their involvement in such high level corrupt activities of misappropriation, swindling and bungling of precious Govt. revenue by gross abuse of power and authority.
    We strongly request your generous self to direct the appropriate authority of APWD, A&N Admin. to forthwith blacklist the above stated unauthorized/incompetent labours contractors severely lacking labours from the Department list so as to safeguard and protect the public utility fund from any future misuse.
    Thanking you in anticipation for a prompt instant action at the earliest, since the concerned Divisional in charge (APWD), Labour Commissioner and Labour Officer has been violating the rules and regulation, despite strong objection by the general public.

  17. P.S.SABOO said

    Subject: – Grievous complaint over the use, sale and distribution of plastic and polythene tricolors during the occasion of 68th Independence Day celebrated in these Isles- Regarding

    His Excellency,

    It is, with deep regret and sorrow to inform your generous self that despite good number of GOI notification over the ban on the sale /use/distribution of plastic and polythene national flag during the Independence Day celebration, the sale and use of plastic and polythene national flag in these Isles has been noticed during the celebration of 68th Independence Day, which is a matter of grave concern.

    That sir, it is, indisputably palpable that the GOI has completely barred on the use and sale of polythene in any forms. Hence, the sale and use of polythene tricolors would be an insult to our National Flag which is highly condemnable and objectionable at every level. It seems the concerned agencies have overlooked the aforesaid grave issue.

    In this context, it is, to further reiterate that the reputed government agency like CHIEF ENGINEER OFFICE (APWD) of A&N Administration has also sidelined and ignored the above stated stipulated notification of GOI and opted the use of banned plastic/polythene tricolor for decoration purpose at their premises during the 68th Independence Day celebrated.

    In view of the above position, it is, to humbly request your generous self to kindly intervene into the subject matter on top priority basis and direct the concerned agencies to ensure on complete ban/restriction on the use and sale of plastic/polythene tricolor in near future.

    An early favorable action in the matter is highly prayed.
    Thanking You

  18. P.S.SABOO said

    Sub:- Grievous complaint/legitimate grievance against the Tehsildar, Port Blair for adamant, arrogant, illegal and arbitrary disposal of seized materials like, boulders, GI sheets, GI/MS Pipes, wooden planks, battens, logs, iron rods, house hold items etc., in a concealed. Capricious manner without floating any sort of tender/notice towards its auction to his favoured person in a lackluster, lackadaisical and lethargic manner without observing codal formalities towards disposal of seized materials at throw away prices, thereby causing huge revenue loss to the Govt. exchequer by gross abuse of power and authority in collaborative criminal conspiracy with the higher bureaucrats of the DC(SA) office and the A & N Administration, in utter violation to the GOI Directives and guidelines, by misuse of power and authority– reg.
    Sir,
    With reference to the above mentioned subject, reliable, confirmed and authenticated sources reveal that seized materials like, boulders, GI sheets, GI/MS Pipes, wooden planks, battens, logs, iron rods, house hold items etc., have been sold to a favoured person/party without adhering to any of the codal formalities towards auction of seized materials in a conspiratory and concealed manner.
    In this context, it was observed that an unknown person started collecting the seized materials on Friday & Saturday during the late night hours which in itself reveals suspicion that the seized materials have been distributed/transported by paying meager sum, whereas the actual price if auctioned openly would have fetched around Rs. 4 lakh to the Govt. exchequer,
    Thus this dastardly act of the Tehsildar, Port Blair, is highly condemnable and needs to be the interrogated in its true perspectives to bring about transparency, accountability towards corruption free administration.
    Thanking you in anticipation for a stringent prompt emergent action/reply to curtail looting of Govt. money by individuals.

  19. P.S.SABOO said

    Subject: – Legitimate Grievance / Grievous Complaint against the biased and influenced authorities for arbitrarily / capriciously / perversely allotting the liquor Bar Licenses to the undeserved Bars located near various public areas like Educational Institutions, Bus Stands, religious places etc. by willfully/ deliberately / unmindfully / overlooking / ignoring its own stipulated/mandated policies operating in field pertinent to the allotment of Bar Licenses, and in utter violation of constitutional mandate of Art 47 and Art21 of the Constitution of India which requires the concerned authorities to endeavour to bring about prohibition of the consumption of intoxicating drinks and of drugs which are injurious to health and it also makes constitutional obligatory on the part of the concerned authorities in preventing a person from becoming a alcohol addict- regarding
    His Excellency,
    It is deeply lamentable, deplorable, disgusting, dismayed, abysmal, sorrowful and painful to bring the above articulated facts to your generous self kind notice that the concerned authorities instead of imposing reasonable restriction on the allotment of liquor Bar licenses in line with its own stipulated policies operating in field and relevant constitutional mandates, the concerned authorities are interestingly more keen on facilitating, encouraging, promoting the undeserved Bar owners by expeditiously and liberally allotting them Bar Licenses by illegitimately sidelining and brushing aside all the administrative legal impasses/tangles by arbitrarily and whimsically overstepping and transgressing their official power and limit which is ultra vires of the constitution mandates, which is a matter of grave concern.
    His Excellency, it is, indisputably settled law that there are no fundamental rights guaranteed under the constitution which confer right on a citizen to carryon trade of business in liquor, and moreover the concerned authorities have the power to impose reasonable restriction on absolutely any form of activity in relation to intoxicant. But, at this instance, the concerned authorities has deliberately / adamantly / intentionally / arrogantly / recklessly set aside all its stipulated condition pertinent to the allotment of Bar Licenses and the constitutional mandate of Art47 of the COI for buttressing the economic status of the underserved Bar owners which in turn has resulted in the unwarranted escalating and mushrooming growth in the number of Bars at the restricted public areas such as near the Educational Institutions, Bus stands and religious place etc. This, illegitimate act of favouring the undeserved Bars owner by the legally and statutorily duty bound authorities in illegally obtaining their Bar Licenses at the above stated restricted areas clearly spot light on the quid pro quo nexus among them, which is highly condemnable and objectionable at every level. Sir, due to such unjustified liberal attitude of the concerned authorities towards the underserved Bar Owners, there is a tremendous alarming increase in the number of severe alcohol addicts in these Isles and good number of them has already succumbed to various alcohol related ailments. Sir, The authorities have intentionally and willfully left the serious issue out in the cold in order to pave way to the undeserved Bar Owners to perpetuate with their illegitimate business of liquor at the aforementioned restricted areas, which is a clear violation and infraction of their own stipulated polices and constitutional mandate of Art 47 of the COI, which empowers the authorities to impose reasonable restriction on any form of activity in relation to intoxicant. Hence, the aforementioned illegitimate act of the biased and influenced authorities is utterly unethical/ unconstitutional / unjustified / unnatural.
    In this context, it is, to further epitomize that our good organization is deeply concerned over the unabated evils of alcoholism in the society. It not only augments in the number of crimes but is also injurious to health of the common people. The alcoholism has evidently resulted in problems relating to law and order, atrocities against women and children, breakdown of families, increase in sex crimes, murders, suicides and divorces. It is, unaccepted at this juncture of time that despite having a good and sufficient numbers of registered Wine/Liquor Shops (ANIDCO) at various locations of these Isles still there is a unwarranted increase in the numbers of Bars at the aforesaid restricted areas. Sir, such arbitrary exercise of power and authority for favouring the undeserved Bar Owner cannot be countenanced on the touchstone of Art21 of the COI. Hence, this serious lapse clearly indicates severe loopholes in the administrative system which sine qua non has to be immediately plugged and also needs a drastic overhaul.
    In this context, it is, to reiterate that the serious impact of alcoholism have also arisen the DRUNK AND DRIVE cases in these Isles, which in turn has proved several fatal road accidents. To which some time the innocent pedestrians have to fall prey.
    In view of the above elucidated prejudicial/detrimental circumstantial facts, it is, to highly pray his Excellency to personally intervene into the subject matter on top priority basis and initiate emergent stringent measures to crackdown on the undeserved liquor Bars located at various public places in order to safeguard the legitimate interest of the general citizen of these Isles.
    Our organization earnestly request your generous self to initiate full scale departmental enquiry against the above stated biased and influenced authorities for their illegitimate act of favouring the undeserved liquor Bar Owners in obtaining their respective Bar licenses located at various public places.
    An early favourable action in the matter is expected at your esteemed end.

  20. P.S.SABOO said

    Sub:- Grievous complaint/legitimate grievance against the non-initiation of action against the DC(SA) for adamant, arrogant, illegal and arbitrary misuse of men, money and material in the residence of DC(SA), as domestic servants/vehicle beyond entitlement, at the cost and loss of revenue of Govt. exchequer in collaboration with the higher bureaucrats of the A & N Administration, who are trying to suppress/camouflage the matter by not providing appropriate reply nor initiating any action despite a prolonged lapse of the complaint, in utter violation to the GOI Directives and guidelines, by misuse of power and authority, to bring about transparency, responsiveness and accountability in respect of a corruption free administration on priority basis – Reg
    Ref : (1) The LGs Helpdesk Grievance No. 2231 dt. 18.05.2013
    (2) The reply provided by DC(SA) on dated 08/07/2013, beyond the fixed target date on 19/06/2013, after filing the complaint on non-provision of reply.
    (3) The clarification seeked on the complaint/grievance dt. 20/06/2013.
    (4) The Complaint forwarded to the concerned authorities by the LG’s Help Desk on dt. 24/06/2013.

    Hon ble Sir,
    With reference to the letters cited under reference, on the subject mentioned above, I am deeply aggrieved, pained and sorrowed to bring to your kind notice and consideration the fact that despite forwarding of my said complaint to the concerned responsible authorities, no remedial action seems to be initiated against the adamant and arrogant misuse of Govt. men, money and material and it evidently reveals that the concerned authorities are illegally protecting and shielding the DC (SA) on his controversial and contradictory reply that the DC(SA)s residence is a camp office, functioning in the bungalow, which is manned by the staff of DC(Establishment) and being the head of district of Andaman, a camp office functions around the clock at the residence of DC(SA)/ District Magistrate as elsewhere in the country. To ensure proper and efficient functioning of any such office, that is required to be manned with required staff with adequate facility. Besides this the DC Bungalow which is about 100 years is not only a residence of an officer but also an asset to Andaman and Nicobar Union Territory required to be maintained properly.
    In this context, till date no appropriate reply has been provided by the responsible officials and they are procrastinating the matter in a lethargic and lackadaisical manner, due to the fact that my complaint was on the mis- utilization of labour, for personal gains and benefits.
    Moreover, if the contentions of the DC(SA) are to be accepted, based on its heritage of 100 years, and needs preservation, it may be declared a national heritage and opened to the public, with its sanctioned strength, for its maintenance and the DC(SA), may be allotted some other alternative quarter, bereft of the existing abundant domestic servants, who are catering to the specific needs and demands of the DC(SA), by engagement of near and dear ones of the staffs, who are already functioning and staying in the DCs residential complex.
    Therefore, if any natural justice prevails, in this A & N Administration, towards responsiveness, transparency and accountability, it is my humble prayer to your generous self, to intervene into this matter on top priority basis towards curbing/curtailment of misuse of Govt. men, money and material, for personal gains and benefits, in the name of age old heritage, proclaimed to be justifiable by the concerned authorities, by ardent misuse of power and authority, at the cost and loss of govt. exchequer, since this is not the only instance of misappropriation/ manipulation but there are various observations of illegalities and irregularities, at various residences of the higher bureaucrats of the A & N Administration.
    Thanking you in anticipation, for a justified remedial solution, in respect of mis utilization of Govt. men, money and material, at the expense of the govt. exchequer, at the various residences of officials of the A & N Administration

  21. P.S.SABOO said

    Sub: Reminder of the Grievous Complaint/ Legitimate grievances against the illegal and un-authorized occupation of Tsunami Shelters at Nayasahar Tsunami Enclave in utter violation to the Terms and Conditions of the Allotment Order issued by the Deputy Commissioner and No action had been initiated against a complaint preferred Vide AICRO/PB/2013-2014/12 dated 12/08/2013 and my LGs Portal Grievances No 2852 and 3252 on dated: – 28/09/2013 and 21/01/2014 – Reg.
    Hon’ble Sir,
    With the highest of esteemed respects and regards, in reference to the above mentioned subject, I would like to bring to your kind notice and stern action the fact that, most of the allotted Tsunami Shelters at Nayashar Tsunami Shelter Enclave have been occupied by illegal and unauthorized tenants, who have not been allotted with the shelters, in utter violation to the Terms and Conditions of the Allotment Order issued by the Deputy Commissioner, thereby causing unwarranted problems to the authorized tenants and totally disturbing, the peaceful day to day life.
    In this context it is learnt from reliable and confirmed sources that some the Tsunami Victims who were allotted/provided these shelters are not utilizing it to its potential and they have either sub-let it on rental basis or are being accommodated by some of their relatives and friends, due to which many unwarranted problems are being created and miscreants are creating problems with the actual residents i.e. the Tsunami Victims and the peace and tranquility of the enclave is disturbed due to illegal activities.
    Moreover, to substantiate these illegalities, the number of cases registered in the Police Station Manglutan, since allotment of the Tsunami shelters to till date, would evidently and explicitly reveal, the number of illegal activities taking in these shelters, due to the unauthorized occupants.
    It is also learnt from reliable and confirmed sources that on a complaint preferred Vide AICRO/PB/2013-2014/12 dated 12/08/2013 and Grievances No 2852 on dated:- 28/09/2013, to the Assistant Commissioner/SDM, a survey team visited the said site and prepared a report/list on the illegal occupants but since the illegal occupants were the friends and relatives of the survey team, the matter has been suppressed/camouflaged by obtaining illegal gratification and In this connection spot inspection conducted by the area field staff and it reveals that the following persons are illegally/unauthorisedly occupied Tsunami Shelter at Nayashahar:- Sl. No. Shelter No. Name of Allottee Remarks 1. NS-4A Rukha Majhi, D/o late Mako Majhi On rent to Sapan Das S/o Bharat Das 2. NS-6B Laxmi Kanta Let out to Bidyut , S/o Nehari Rajan Biswas 3. NS-10A Purnima Mandal, W/o late Sudhir Mondal On rent to Robin Bondal S/o Parimal Mondal 4. NS-14A Badal Bairagi S/o Biswanath Bairagi Let out to Palash Ram Roy S/o Parimal Roy 5. NS-21A Shri Tarapada Bhatta S/o late Joyendra Nath Bhatta Let out to Jhantu Talukdar, S/o Jagdish Talukdar 6. NS-22A Haridasi Ram D/o Shri Phoolmalan Baroi Occupied by Lakhan Tarapadar, S/o Monohar Tarapadar 7. NS-33A Shri C. H. Kamraj S/o late C.H. Dannaiah Occupied by Timpethy Balaji The Estate Officer is the competent authority to evict the unauthorized persons from the Tsunami Shelter under Public Premises Act.
    Therefore, in this context, it is requested to intervene and enquire into the matter and evacuate/ evict the unauthorized illegal occupants and on confirmation from the actual allottees towards their necessity they may directed to occupy their shelters or vacate it immediately to pave a way for re-allotment of the same to some authorized needy persons like the govt. servants as residential quarters and instead of directing the complainant to meet the Administrative Secretary/HOD concerned, it would be justified and logical, if the matter is taken up by the govt. investigating agency, like the Anti-corruption etc., to bring about transparency, responsiveness and accountability, towards zero tolerance on corruption prevailing, in the LG’s Secretariat.
    Thanking you in anticipation, for a remedial solution, on priority basis, in the best interest of natural justice.

  22. P.S.SABOO said

    Sub :- Request kind action on Commissioner Food Safety and Designated Officer for acting in a vexatious manner and protecting Offender who was involved in importing Adulterated Food /Tea – Reg
    His Excellency,
    Request kind action on Commissioner Food Safety and Designated Officer for acting in a vexatious manner and protecting Offender who was involved in importing Adulterated Food /Tea and further requested to look into this matter and reopen the case again in the interest of Prevention of Food Adulteration, to create a sense of Food security in the mind of consumer, that the State is doing its duty properly as envisaged in Article 47 of the Constitution of India.

    That sir, Tea is most widely consumed drink in India, on an average an individual consume at least 03 cups of Tea and its safety must be of grave concern for government , a news was published in the Daily Telegrams on 08.07.2014, by the Commissioner Food Safety that the Food Safety Department is regularly carrying out inspection of all food business establishments including petty shops and street food vendors. During the inspection, it was observed that some tea stall operators are using adulterated/artificially coloured tea leaves/tea dusts for preparing tea. Artificially coloured tea is injurious to health and sale of such tea is prohibited under FSS Act, 2006. During this year till the month of May, artificially coloured tea leaves were seized from 32 tea vending premises and a sum of Rs.21000/- has been recovered as fine by compounding the offence. The above news appeared subsequent to the seizure of large quantities Tea Dust (Trinity New Star) from Haddo Warf, suspected to be adulterated with added colors, which was confiscated by Police and Food Safety Officials. Since artificially coloured tea is injurious to
    health and sale of such tea is prohibited under FSS Act, 2006; the then Designated Officer Dr.Avijit Roy and DHS/ Commissioner Food Safety Dr.S.K.Paul had sent those samples to the Food Analyst Chennai. The Food Analysis report (which is taken under RTI) received vide
    Report No: OTH-2/2014-15 dated 20.05.2014, (from the Food Analyst, Tamilnadu Food Safety and Drugs Administration Department, Food Analysis Laboratory, Kings Institute Campus, Guindi, Chennai : 600032) & which was addressed to Commissioner Food Safety, A&N Admn, Office of the CFS, Port Blair had clearly indicated in the Report that the Sample Tea dust (Trinity New Star) was adulterated with synthetic colours viz “Carmoisine -400ppm, Tartrazine-104ppm, Sunset yellow-120 ppm and these additions are not permitted in the said Food (Tea) under Regulation 3.1.2 (1) & 3.1.2(6)Read with Regulation 2.10.1 of FSS (Food Products standards and Food Additives ) Reg 2011. Hence declared as unsafe- Tea . That means the Tea was unsafe food and the News article in Daily Telegrams dated 08.07.2014, by the Commissioner Food Safety also clearly stated that:- Artificially Coloured Tea is injurious to health and sale of such tea is prohibited under FSS Act, 2006. Sir I request to kindly read the definition under the Act Read with Section 03(1)(zz) and section 59. U/s 59 (i). The Act clearly
    states Punishment for unsafe food:- That any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,– (i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees. But the Commissioner Food
    Safety and Designated Officer had let loose the offender by Compounding fine, vexatiously, without launching prosecution in Court U/S 59 (i) that carried 06 months imprisonment with a fine of 01 lakh rupees. The section 69 of the FSS Act clearly states that no offence, for which punishment of imprisonment has been prescribed under this Act, shall be compounded; but the Commissioner Food Safety and Designated Officer deliberated to avoided section 59(i) and instead allowed to compounded the offense U/S 69 which is not applicable in the instant case. Under section 69 of the Act the CFS can empower the Designated officer to compound penalties only from Petty Manufacturers (whose annual turnover is below 12 lakh per annum) but the instant case the offender is importers and wholesaler of Tea Dust and naturally his turnover would be above 12 lakh and the offense cannot be compounded by penalty because Unsafe Tea / Food carried punishment of imprisonment U/S 69(i). Their vexatious Act shows professional incompetency / Poor Knowledge Law and the vexatious actions by Commissioner Food Safety and Designated Officer needs to investigated properly. It was the duty of the CFS to send such cases for the legal opinion of the Law Secretary before Compounding. An enquiry by the Lok Pal is warranted in this case.

    Therefore it is requested to take action on Commissioner Food Safety and Designated Officer for acting in a vexatious manner and protecting Offender who was involved in importing Adulterated Tea/ Food and failure to discharge his duties and further requested to look into
    this matter and reopen the case again in the interest of Public Interest for Prevention of Food Adulteration, to create a sense of Food security in the mind of consumer, so that the public believe that the State is doing its duty properly as envisaged in Article 47 of the Constitution of India. Sir, Had there been a Commissioner Food Safety of the rank of Commissioner and Secretary to State government from the IAS cadre with sound knowledge of Law and administration, such folly would not have come and the Offender would have been behind bar by
    now. Since Tea is most widely consumed drink the Commissioner Food Safety needs to bring a White Paper on Prepared, that Every Tea Vendor shall display a Board conspicuously in their premises indicating Name of the Tea Brand used while preparing Tea drink with a Warranty that
    such Tea drink does not have any added synthetic colour, This will make the consumer aware of the Brand used by the Tea Vendor and protect him from deceiving. It is also requested to prohibit serving hot Tea in nonfood grade plastic Tea cups.

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