cpc

abuse of sec 8(1)(a) rti act 2005

retd personal

Dear All

 Let me att one reply recd from Canteen Stores Department, Adelphi , Mumbai against my queries on the issue of registration numbers to the URCs( Unit Run Canteens) by the Regular Military Units as well as other civil establishments( Who are not even eligible for availing CSD facilities at the first place. In my post earlier i have highlighted how Min of Def in collusion CDA est /staff are running more than 38 URCs for their civilian employees.

The reply from the Canteen Stores Deptt shows that how Sec 8 (1)(a) of the RTI Act 2005 can be put to gross misuse. Unfortunately CIC and the ICs have not been able to create the fear of God  amongst such wrongdoers.

Will somebody help me to logde a complaint online to CIC , New Delhi against the such wrongdoers?

Haridas Mandal

 

 

 
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[See my Blog for NSSD-UOI] Founder - President Dr. Babasaheb Ambedkar Democratic Rights Forum (DRF) (Foundation for Social Justice and Constitutional Awareness for Trial of Public Service) email at drf.india@gmail.com Twitter;democrats_forum

Dear Sir, please email us copies of your application and reply from PIO. You can also send the same to Surajya Sangharsh Samiti Pune at rtipudhari@gmail.com


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retd personal

Dear Sri Ram Samudre

I have mailed the info rtipudhari@gmail.com and waiting for a reply.

Regards

 
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retd personal

Dear Sir 

I have just emailed my complaint to vigilance@nic.in. It was in the form of my last application sent to Fin Minister as follows:-

 

To 
The Hon'ble Fin Minister
Govt of India 
New Delhi
 
Sub - Reporting of corrupt practices by the office of CDA ( Running of URCs)
 
Respected Sir
 
Left with no alternative I am approaching your esteemed office to highlight how a watch dog like that of Controller of Defence Accounts (CDA) is compromising on principles well laid down and abusing the power of its offices only to run their own Unit Run Canteens (38 of them) for their own employees though not even eligible for CSD facilities which is meant solely for the troops.
 
Canteen Stores Department is a solely owned Govt undertaking and functions under the aegis of Min of Defence. Canteen Stores Department is responsible to provide household goods and liquors at rates cheaper than the prevailing market rates to the Unit Run Canteens ( URCs).exclusively for the troops (www.csdindia.com). It is funded from the consolidated fund of India. Its sole purpose is. It is not to be commercially profitable at any cost. Over the years strength of troops has remain static rather in the decline whereas Canteen Stores Department is on the extreme expansion mode adding Depot after Depot at a huge cost the govt exchequers. This is because CSD is adding clientele from the non-eligible categories .This is resulting into additional expenditures Canteen Stores Departments to cater for the unauthorized Unit Run Canteens selling CSD goods to anybody and everybody. The sale of CSD goods to the non-eligible categories is huge in comparison. It is generating huge profits for private use as URCs are stated to be private enterprises. It is shocking that Min of Finance is allocating a huge chunk of money to the Min of Def simply to generate huge profits for the private enterprises. 
 
Whereas the CSD canteens strategically rechristened as URCs (Unit Run Canteens) are the exclusive Retail Outlets of the Canteen Stores Department run by the respective military units in their unit locations( These were run by contractors earlier ) . For the large military units CSD canteens are auth in their respective PE/WE (Peace Est/ War Est ) and is included in the KLP ( Key Location Plan ) where applicable. A nominal license fee and allied charges is levied to the military unit when a URC start selling CSD goods at a rate cheaper than the prevailing market rates to the troops. For other small and minor units/formation headquarters application to run a URC is initiated by the commanding officer/officer commanding of that unit as per the laid down procedures. It is then recommended by the commanders in the chain of command and approved by the competent authority i.e the formation commander. The application duly approved is then forwarded to the Canteen Stores Depot Adelphi , Mumbai which finally accept or reject the application based on laid down procedures. Once registered the new URC starts functioning drawing CSD goods from the designated nearest CSD depot. Based on the actual built up/open land occupied by the URC License fee and the allied charges are deposited to the govt exchequers. As is common knowledge this facility is extended to serving as well as retired armed forces personnel. Over the years the CSD facility (grocery only ) had been extended to defence civilians paid out of defence estimates with certain conditionalities attached. However there is no mention of this benevolent act in any of the govt order and hence legally unsupported. Profits accrued from the sale of CSD goods by the URCs including the quantitative rebates received from the Canteen Stores Deptt is merged with the respective Regimental Fund of a military unit . A certain portion is then ploughed back for modernisation/ sustenance of the URC.  There are well laid down Defence Services Rules for accounting and usage of the Regimental Funds held by a military unit .
 
Controller Of Defence Accounts on the other hand is the department under the aegis of ministry of defence which is responsible that every penny allotted to the military unit is judiciously spent. In other words it is watchdog of the govt of India to ensure military commanders maintain financial discipline in the larger interest of the country. It is well known that CDA staff is central govt employees and covered under CCS Rules.CDA staff are paid out of Def Civil Estimates. In no way CDA staff can be termed as troops and hence eligible for CSD facility. As has been highlighted earlier no URC can start functioning in any part of the country in govt or civil hired accommodation in any military/ non military station unless the same is recommended/approved by the local commanders/ formation commanders and then registered by the Canteen Stores Department. Any additional URC has its rippling effect on the staff strength in the respective Depot as well as in the CSD headquarters at Mumbai . Canteen Stores Deptt is a solely owned govt undertaking , hence is has to be additionally funded by the govt of India. Terming a CDA Est a military Unit and recommending its running a URC for selling of CSD goods to their civilian employees covered under CCS Rules (terming them as troops ) by the respective military commanders is a sure sign of decay in the military standard. It is obvious such acts have not been done as an act of benevolence but with vested interest. It is further distressing how the authorities at the Canteen Stores Department had taken shelter under an Army order and admitted those applications from the CDA Staff/Est duly recommended by the military commanders at all level knowing them to be ineligible in all respects.
  
Coming back to the real issue i.e running of 38 URCs by the CDA Staff/ Est was challenged by the undersigned as unauth and illegal as the Army Order 584/73  was not an appropriate auth for the CDA staff /Est to seek registration from the Canteen Stores Deptt , Mumbai for running their own URCs to sale CSD goods to their own employees. CDA Est are neither a formation Headquarters nor a Military Unit eligible to run their own URCs. CDA staff is not troops and no way under Armed Forces Act. 
On my RTI query to the Army auth as to how and under whose order the said Army order empowering CDA staff/Est to run their own URC when the employees of the CDA Est are not even eligible for the canteen facilities I have been provided with the reply vide PIO RTI cell IHQ of MoD New Delhi letter No dated     copy att as at appx    . I can be seen from the extracts of BOCCA minutes of meeting in 1986 that personnel of audit department were permitted to draw grocery as a goodwill gesture whereas the COAS had published that said AO 584/73 way back in 1973 which is being taken as the most abused auth in the humankind. It also highlights that Military commanders at all levels in collusion with the Canteen Stores Deptt Officials as well the Bureaucrats in the ministry of defence have allowed such clandestine operations to continue for such a long time though the COAS meanwhile continue to publish orders reminding its men in uniform on the exact eligibility criterion for availing CSD facilities from the URCs eg Army Order 32/84. Army Order 32/84 as well as 19/2003 debars any defence paid civilian employees from availing CSD facility from the URC.   
In gist Army Order 584/73 and its subsequent avatars if any cannot be regarded as the valid auth for CDA staff/Est to run their own URCs. The expansion of Canteen Stores Department by including those non-eligible categories clandestinely is neither the objective of the Canteen Stores Deptt nor desirable. Unlike the military units which has a Regimental Fund and a settled objectives Canteen Stores Deptt cannot seen allowing a private URC ( 38 of them ) to make huge profits by selling CSD goods to its civilian non-eligible employees . These profits are then paid as dividends to the civilian employees who are ill motivated to neglect their primary role i.e to audit the accounts of the military units and to expand at any cost as it increases the dividend package besides the salary as well as extra pay from the URC.
This has further rippling effects on the defence civilians paid from defence estimates . They contribute to the tune of 600 cores per year to the kitty of Regimental Fund use or mis-used by the military commanders . They are demanding for a long time a similar cut for their welfare. Army auth denying this measure stating those are not even eligible for the canteen facilities in the first hand .Therefore in one hand the auditors are encouraged to run their own URCs ( 38 of them ) in one hand , make profit and get dividends , on the other hand defence civilians who are contributing appx 600 cores per year is denied any return on their purchases.
I have informed the Concerned auth at the Army Headquarters , the Canteen Stores Deptt , The Min of Defence , The Defence audit , The CVC and the CAG about such floundering of rules costing cores to the exchequers to pile up private profits by the CDA Est.
I have made representation to the Deptt of personnel for grievances as well as to the PMO. Reply recd, as applicable is discouraging. It is a sure case of appeasing at the highest level. Mega Scam/ Scandals of the defence will not seize if such wrongful acts are carried out for personal benefits at the cost of govt exchequers . Further expansion of CSD’s domain at any cost to make private profits is not at all desirable 
It is my onerous duty to abide by the rule of this land before I take the matter to the court for a legal recourse .I am convinced that Rakshaks the Bhakshaks be exposed . The collusion of the highest ranking officials including the military top brasses is exposed . It is my duty to bring to your kind notice that audit authorities should not be encouraged to remain passive and evasive. We the people of India are no more amused to score the highest in Transparency International Ranking in respect to corruption. It is this artful dodging of rules of this land at the highest level which ensure 75 % of our population  remains hapless hopeless and worthless. It is this territory which must be attacked with no mercy shown to those educated thugs. They are our worst enemy within.
The Army orders , Govt orders , the web site referred are available with your govt offices and hence not being att to avoid duplication. Due consideration therefore may kindly given to this aspect.
May I therefore request your august office to ack my submission and issue such directives to stop such wrongdoing forthwith and to act ruthlessly against the wrongdoers at the military ranks and files , MoD, CDA , Def Audit , CAG and Canteen stores Deptt .
I am submitting the details with full faith that the Army Order 584/73 or its amended version to    empower CDA staff/Est be immediately withdrawn. All URCs run CDA staff/Est be ordered closed and all funds/assets ordered transferred /merged with the consolidated fund of India .
This should be treated as my last communication to the concerned govt dept and to the constitutional auth. If no action is taken within 20 days of receipt of this communication , the undersigned shall have no further obligation before submitting a PIL to the High Court of AP.
 
Yours sincerely 
Haridas Mandal
So far I have got no reply and trying my level best within my mean resources to file a PIL in AP High court. I am also attaching my application status to CIC which had not admitted my submission stating signed copy required whereas I have submitted my complaint/appeal online, a facility which is available.
 

earch Results

Number of results found: 2 : Results for Direct Complaint / Second Appeal No.
S.No. File Number/
Date Submitted/
Complaint / Appeal No.
Submitted By/
Address
Public Authority Status
1. -
22-07-2010
RC/UG/10/87448328
Mr. haridas mandal Department of Defence Signed copy awaited
2. -
25-05-2010
RC/UG/10/5965ub4a
Mr. Haridas Mandal Ministry of Defence Signed copy awaited
 
Pl advice how to wake up CIC staff at Delhi .
Regards
Haridas
 
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retd personal

Dear All

I need urgent advice please. This scam is bigger badder than the 2G scam in size but none seems interested?

Can anybody helps me present it in a better way?

Regards

Haridas

 
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retd personal

Dear Sir 

I have done that also but haven't received any reply from them either.

 
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Hi Mr Mandal

 

I am also following a scam operating in the CSD. As you know that there is a huge disparity in the CSD items being sold to general public by local CSD Dealers. In the consumer durables section(electronc items) due to the huge difference in prices the dealers are selling the CSD items in general public without any check. I have also brought the same to the notice of the manufacturing companies and the CSD Depots but as you are aware everybody is hand in glove in this nexus and thus no action has been taken.

I thus seek your advice as to how can the same be controlled as how can a material ought to be sold in CSD segment be sold to general public and how can the guilty be punished...
 

 
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