Respected Modi Sir & Suresh Prabhu Sir,
I am fascinated by the administrative changes the
NDA Government has been taking in various spheres in general and in Railways in
Particular. This Dynamism satisfies me as a Voter, who travelled 2000 km to
Vote for NDA Govt.
As a Citizen I feel obliged to Report some of the
legally obliged duties that Our Railway employees are not performing. The
non-performance of Legally Mandatory Duty is infringing Rights of Million of
Passengers on Daily basis. This act of omission by railway Servants, calls for
your utmost urgency and republic consideration to protect the Rights of
Citizens.
What
is the Issue?
“Not Fixing Menu in the Rakes of All Trains”
What
Rules/guidelines/Manuals specify it as a Legally Mandatory?
The OPERATING MANUAL FOR INDIAN RAILWAYS->
WORKING OF TRAINS->Train Preparation: Says that
In case of passenger trains, the rake duly examined
and fit in all respects with full compliment of coaches (at least to meet
reservation requirements fully) should be placed on the platform well in time
to allow all pre departure functions to be completed. These include-
• Loading of mails, booked luggage, and parcels
• Loading of linen
•
Pantry car provisions
• Watering
• Cooling of AC coaches
• Display of reservation charts
• Deployment of train staff
• Attaching of locomotive
The
Pantry car provisions According to Commercial Circular No 78 of 2012 Include
Point 2(ii); menu must be displayed
(properly fixed at prominent location visible to Passengers) in EACH COACH.
Did
I complain earlier? Yes, Sir.
The same point besides others was sought in PMOPG/E/2016/0309105. But the
Reply evaded the question saying,
The Full Reply is Enclosed.
The Replying Authority seems to have intentionally
evaded the question, thus causing irreplaceable damage to the Reputation of The
Replying Authorities Master i.e NDA Govt.
This Neglect of Replying Authority is leading to
violation of Operation Manual and Violation of Commercial guidelines.
All Trains are checked and cleared regularly by
commercial department in each Train Originating Station. But the Menu Fixing is
not on the radar of these Commercial Department officials.
·
Can the Citizens assume that, these
officers have a vested interest in non-fixing of menu?
·
Can the citizens assume these officers
have a nexus with the vendors at the cost of Rule-of-law, at the cost of their
democratic kings?
·
Can the citizens assume that these
officers, by their act of omission are directly violating law of the land and
Including the Constitution of India?
·
Can the citizens assume Art 311 of
Constitution is used as job protection by these officers for their in-action?
The Operation Manual and Commercial Guidelines are
created to promote Citizen as the True Representative of Democracy and
Promoting Fundamental Rights 19(1)(a) Freedom of Speech and Expression
guaranteed by the Constitution of India.
How
Non-Fixing of Menu will violate Article 19(1)(a) Freedom of Speech and
Expression?
Fixing
of Menu will Promote Transparency, Accountability, Participatory
Democracy which are Essential for Democratic Governance. Besides Rule of Law
and Equitable fair and People oriented Governance would prevail, Thus Empowering
Citizens, The Heart of “WE THE PEOPLE OF INDIA” in the Preamble of Indian
Constitution.
In Various Cases mentioned below, the Honorable
Supreme Court Upheld that, Article 19(1)(a) include Right to Information subjected
reasonable restrictions under 19(2).
·
S.P.Guptha Vs UoI (1982),
·
Secretary, Ministry of I&B, GoI Vs
Cricket Association of Bengal (1995)
·
Dinesh Trivedi Vs UoI (1997)
What
are the other issues of non-Fixing of Menu in Train Rakes;
1. Creation
of Black money: As passengers are not aware of actual prices they pay what is
demanded by the Vendors. This price is higher than the approved price. Thus the
Extra money is Black.
2. When
Passengers Right to Liberty to buy what they want has been curtailed due to
practical needs of Railway Operations, The Railways must make Transparent and
Accountable system. Which Otherwise leaves the passengers at the mercy of Vendors.
3. This
non-fixing Menu in rakes is also violation of Section 4(1) (b) (iv & v)
reading with Section-4(2), 4(3) and 4(4) of RTI Act, 2005.
What
are benefits the Dynamic NDA Govt gets by Fixing of Menu in Train Rakes
Besides promoting Rule-of-Law
a. Passengers are Clients on one hand and Citizens
(Kings) on the Other Hand who use their vote to elect successive governments,
so pleasing the passengers is legal duty and self interest.
b. 20 Million Clients/Citizens/Voters a Day will
feel the Government has been exceptional in reducing Corruption. And they keep
talking this throughout their journey, thus spread the good will of the NDA
Government
Prayer:
Considering the violation of Rule-of-law by Railway
Official i.e not following Commercial guidelines, Operation manual, Violating
citizens Right to Freedom of Information guaranteed under Art 19(1)(a)
Therefore I urge Prime Minister of India to protect
the Rule of Law & Fundamental Right to Speech and Expression by
a) Ordering the Railway Public Servants to Fix Menu
in all the Rakes of All Trains in India As soon as possible, with multi-modal,
efficient complaint system.
b) Pass such executive order/s as this Hon'ble Government
may deem fit and proper in the facts and circumstances of the case.
Thanking You Sir,
Yours Faithfully,
Thandava Yogesh, 2/3 LLB
H:No: 55-7-61/3,
DurgaTemple Line, HB Colony,
Visakhapatnam-530022
References
PMOPG/E/2016/0309105
Reply: https://drive.google.com/open?id=0B5QRtnXAMsV-SHlaODNNclFnRkk
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