Dear Mr D Souza,Ours is a deliberately obscure and opaque system-all I read here is people discussing technicalities of 1st and 2nd appeals-the entire quasi-judicial procedure can exhaust anyone.RTI Act is an acknowledgement of the corrupt culture in this country.And while one needs a rein for controlling the human tendency to greed when in power,I wonder if,taking a cost-benefit analysis(in terms of money,time and energy spent),the entire cumbersome procedure is even worth it.Where is the question?Public authorites ARE accountable.That is why they are "public" authorities under the Constitution.IMHO,UrviSent: Thursday, November 18, 2010 9:31 PMSubject: Re: [rti4empowerment] Fwd: FW: RINFRA MAY BUILD Rs 2,375-CRORE METRO LINEUrvi Sukul Singh & Others.All of us are groping in the dark with RTI as accountability of Public Authorities is nowhere available although the Act makes it mandatory to do so by section 4 of that Act.First of all everyone of us shoukld seek following information from Public Authorities.A. As per section 4(ii) of RTI Act 2005, please inform the powers, duties & responsibilities of the functionaries of Public Authority (Name be mentioned ) from top executive to the bottom last functionary the attender on official website of Public Authority
B. As per section 4(iii) of RTI Act 2005, please inform the procedure to be followed by the every person who is a functionaries of of Public Authority in decision making process, channels of supervision for them in discharge of their duties & decisions by them in that process, their accountability for acts & omissions by them in discharge of their duty as functionaries of of Public Authority
C. In the information about their accountability for acts & omissions by them in discharge of their duties as functionaries of Public Authority, should contain the following information too which is concomitant of the term accountability :
1. The hierarchical functionary/ies who is/are empowered to initiate disciplinary action as per the departmental disciplinary procedure, in case of these functionaries are accused of,
a. Violating the Fundamental & Human Rights of Citizens of India e.g. showing disrespect to, use of abusive language, signs of disrespect, discourteous behavior, use of physical force, derision, mockery, innuendos behaving in an accentuated manner e.g. show of anger, contempt, speaking in an inflected voice, demeaning, snide remarks etc.
b. Acting ultra vires (beyond allowed empowerment limits) in discharge of their functions & exercise of powers vested with them.
c. For selective application of rule, exception in application of rules, disparate application of rules, abuse of authority to favour one to the detriment of another, transgression of authority, trespassing the powers vested with a hierarchical functionary, failure to implement laws rules, favouritism, nepotism in application of laws etc.
d. In case of Corruption involving avarious ramifications of it.
This information had to be disclosed/ published/ or made available on website, by every Public Authority, Suo Motto, within 120 days after enactment of RTI Act 2005 as per section 4(b) of that Act. So, the information sought is not chargeable to applicant. Such information should have been available for all functionaries of of Public Authority on website http://www.Public Authority.Information commissions/Commissioners are corrupt, Judiciary is corrupt, executive is corrupt, legislature is infested by corrupt elected by us. Although citizens are King Makers in forming a government to rule themselves, once the rulers are formed, rulers rule & cease to be citizens. It is old story again, Citizens have all rights but enforceability is again by those who are accountable to Governed whom the citizen have elected who are corrupt & it is aparadox that citizens have to seek justice from those very persons who perpetrated injustice!Rgards,WEDSRegards,WEDS
From: Urvi Sukul Singh <usukulsingh@hotmail.com>
To: rti4empowerment@googlegroups.com
Sent: Thu, 18 November, 2010 10:30:56
Subject: Re: [rti4empowerment] Fwd: FW: RINFRA MAY BUILD Rs 2,375-CRORE METRO LINE
What I see is that we don't necessarily have an adequate tool in RTI given the enormity of the crime of corruption in our country.We always seem to be chasing after...and after the event...we seem to be always complaining and whining.What should be in place are set standards,codes of ethics and an incorruptible culture.We are constantly in the mode of locking the stable door after the horse has bolted.Zero tolerance to corruption and pre-emption and acting at the speed of lightning are in order.IMHO,UrviSent: Wednesday, November 17, 2010 10:50 PMTo: Praful VoraSubject: [rti4empowerment] Fwd: FW: RINFRA MAY BUILD Rs 2,375-CRORE METRO LINEThe following report again highlights the curious ways of our 'selected babus' who have mastered the ways of bypassing established proceedures. It is now more important for citizen groups to insist on participation in 'tender drafting' and tender evaluation' so that such things do not happen. Again and again, contracts are allotted and then major changes are made in all aspects between the babus and the selected contractor. This is how 'bleeding' of citizen and city resources is done.
From: Sood, Kartik
Sent: Monday, November 15, 2010 2:44 PM
To: Narang, Puneet; Vora, Suneel
Subject: RINFRA MAY BUILD Rs 2,375-CRORE METRO LINENO TENDERS FLOATED BUT RINFRA MAY BUILD Rs 2,375-CRORE METRO LINE
Zeeshan Shaikh, Mumbai
Hindustan Times
In a brazen move, the city's planning agency proposes to hand over a Rs 2,375-crore Metro project to a Reliance Infrastructure-led consortium without calling for tenders. "Rather than floating another tender for the Charkop-Dahisar line we are hoping to ask the contractor to build the Metro up to Dahisar. The clause in our concession agreement also allows us to do so," metropolitan commissioner Ratnakar Gaikwad had said.
In 2009, RInfra, in consortium with SNC Lavolin Inc. Canada and Reliance Communication had been awarded the contract to build the Charkop-Bandra-Mankhurd line, which is part of the Mumbai Metro-2. The consortium, Mumbai Metro One Private Limited, now also wants to build the eight-km-long Charkop-Dahisar line.
"We have received a request from Mumbai Metro One Private Limited in implementing of the Charkop-Dahisar line in integration with the Charkop-Bandra-Mankhurd line," a senior MMRDA official said, on condition of anonymity.Regards,KartikKPMG (in India) allows reasonable personal use of the e-mail system. Views and opinions expressed in these communications do not necessarily represent those of KPMG (in India).
--
Praful Vora, Convener - JNM. (Cell: +91 90 0401 7654)
JNM will work towards fundamental political, electoral and governance reforms.
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