Constitutionality of state
Guest
(Querist) 19 December 2011
This query is : Resolved
Who shall have the power to clarify on the following issue: Is it the Supreme Court or the Judge( 3 Bench Members) who wrote the judgement but now retired?
R.Ramachandran
(Expert) 19 December 2011
Dear Mr. Haridas,
First it is you who have to clarify as to on what issue the clarification is needed?
Devajyoti Barman
(Expert) 19 December 2011
Yes, I also support the view expressed by Mr Ramchandran.
Most of the time I find people use this space as their 'Ready Reference' for even petty queries.
Guest
(Querist) 19 December 2011
Oh,I thought attachment of my JPEG file was successful.It seems it was not. I will try again.Conversion of file and attaching the file to this site both are tricky matters. But I am learning.
Guest
(Querist) 20 December 2011
And some people take it as this is their personal space.
Guest
(Querist) 20 December 2011
Now let me try to att the file on interpretation of SC judgement on civil appeal No 3495 of 2005 decided on 28 Apr 2009 10 days before Justice who wrote the judgement retired. The att.
Guest
(Querist) 20 December 2011
And the other one , att for your perusal and expert advice please. My att.
Guest
(Querist) 20 December 2011
Some tech prob. Here is the second att.
Guest
(Querist) 31 January 2012
It was ruling of the SC civil appeal No 3495 of 2005 decided on 28 Apr 2009 to decide the status of employees of a few URCs that employ civilians as casual helpers /sales persons.
It said URCs are private ventures hence employees of the URCs are not employees of the CSD of of the govt.
It said no where that URCs are therefore instrumentality of the state rather it discouraged any such inference to be drawn stating categorically that the issue of instrumentality of the state is not covered as that issue was never raised in the lower courts.
The JAG Br (Army)the lawyers club of the Armed Forces took the decision of the SC to a higher intellectual level and inferred hence URCs are not instrumentality of the state hence out of RTI Act 2005. From then not only Army even the CSD , the ministry of Defence is taking shelter of that unique inference drawn by the lawyersclub of the Army.
I have raised this point earlier in a different thread and got multiple choices as my daughter gets in her EAMCET prep tests from a reputed coaching academy.
What I am talking about now filing a curative petition against the judgement written by Dr Prasayat .j who in my limited understanding has posed a serious problem before the nation by allowing such inferences by the lawyers club of the Army. It will create havoc as even the CAG will not be able to handle despite all wherewithal under their disposal.
I am also attaching how in the name of welfare Defence Accommodations are allowed to be used for commercial activities charging only Rs 5 per square meter for built up accomodation with safety , security and a vast open as well as built up lands for free.There are shopping complex , Medical colleges , Banks and ATMs,and you name it all for the welfare of the Serving Soldiers.
There are umpteen numbers of cases where building constructed to accommodate sophisticated Missiles /military arsenals have been declared rentable accommodations and then allowed to run a canteen etc.
There are umpteen number of cases where private money has been used to construct huge building to get more money in the forms of Rebates which goes directly to the so called private funds held beyond oversight committee vis-a-vis CAG.
Unless a curative petition is filed army top brass will abuse defence buildings and get more commission directly to the Private funds. Yes they are audited by a couple PET DOGS called Chartered Accountants who should have questioned the legality of those funds in the first place . Those chartered Accountants are engaged and dismissed as per the whims of the military bosses who have tasted positive with that huge private funds.
The Controllers of Defence Should have questioned the decision to rent a new building or such buildings built for military arsenals . They have all the data and they are the country's Defence Watch dog but a crumbs of breads in the forms of URCs being run by them is stopping them doing their duty.
But I have a duty for my country. And I am puting the info public all to see .If you care for your country pl do help me to stop this loot and scoot.
