But who will decide on the issue of video conferencing? The other party is the CPIO/APPELLATE auth from Canteen Stores Department Min of Defence located at Mumbai. They have also to be available for the video conference from the location.
Secondly what exactly I have present to the CIC ? My case is in gist is as follows:
Canteen Stores Department , Min of Defence a wholly owned govt of India enterprise. Its aim and objective is to provide goods and liquors to the troops at rates cheaper than the prevailing market rates. Though it is not mandatory for the govt of India but by tradition ( can call it a colonial hangover as the canteens services through the contracters from Britain was functional exclusively for the British officers and soldiers. The goods used to be all imported).
Canteen Stores Department has its HQ at Mumbai, Six Regional Offices at six Metros at the prime locations and 36 Depot across the country in addition. Canteen stores Department is provided with infrastructural facilities including manpower to run all the offices and the depot besides running capital from the consolidated funds of india. It is within the ambit of RTI Act 2005. Canteen Stores Department however unlike that of Pakistan which also inherited the same legacy does not come in direct contact with the troops or sell the goods from the Depot directly to the troops. It sells the goods with the lowest possible margins to the 4500 URCs (Unit Run Canteens) being run by the three services and many other defence departments. Those URCs (which are exclusive retail outlets of the Canteen Stores Department as it sells only CSD goods) sells CSD goods to the troops with some profit margins.
Each and every URC unless issued with Registration Number by the General Manager Canteen Stores Department is not authorised to draw CSD goods from the respective CSD depot. There are certain rules which are to be complied with ( namely strength of the unit which is seeking registration number must have atleast 100 troops posted or 5000 ex servicemen alloted to that URC etc etc.
Though it is meant exclusively for troops it was found by me that civilians are also availing CSD facilities in some pretext or others. It was further discovered that Defence Departments namely Controllers of Defence Accounts, DRDO, DGQA , NCC Dte etc etc are being allowed to run their own URCs for their own employees who are not Troops.
I had asked from the Canteen Store Department to provide me the registration nubmers of those non regular military units running their own URCs. The info was denied invoking Sec 8 of the Act stating the info will jeopardise the integrity sovereignity of the country. Made appeal to the first Appellate auth ( the joint GM) who upheld the decision of the CPIO citing the auth of a letter issued by the JAG bR( Judge Advocate Br) of the Army which in turn invoked the order of a three member Supreme Court Judgement on a civil case No 3495 of 2005 decided on 28 Apr 2009 in respect to Status of the CIVILIAN EMPLOEES of URCs. It is stated by Justice Dr Prasayat in that case that URCs are private ventures and employees are not govt/csd employees. The inference then drawn by the pandits at the JAG Br hence URCs are not instrumentality of thre state and hence not under the purview of RTI Act 2005. Mr Hon'ble ML Sharma the designated IC for the Min Of DefenCe cases for the past so many years is routinely disposing the cases relating to URCs in favour of the Army which are running those URCs mis interpreting the order of the SC judges.
My point however is that Canteen Stores Department is neither an URC nor a sub-section of the Army. The letter issued by the JAG bR HAS NO force for Canteen Stores Department which comes directly under the min of Defe GOI. It is therefore duty bound to provide the info requested.
Would this be sufficient? Can this be e-mailed. Hearing is on 27 Aug 2012. Pl advice if there could be some critical points which needed to be included in my presentation.
