(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M - 94276 08632
http://twitter.com/BabubhaiVaghela
About me in Annexure at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Fri, Dec 7, 2012 at 2:11 PM
Subject: President of India Permission is sought to Prosecute Dr Manmohan Singh - "Judge on bench that moved cases to NGT may head it" seems to be a Criminal Conspiracy to favour Mr Justice Swantater Kumar..
To: Pranab Mukherjee President of India <presidentofindia@rb.nic.in>
Cc: riseindiarise@googlegroups.com, Vaghela B D <vaghelabd@yahoo.com>, right-to-information-act-2005 <Right-to-Information-Act-2005@googlegroups.com>, Saibal Sarkar Dy Scy PG PMO <saibal.sarkar@nic.in>, Manmohan Singh <manmohan@sansad.nic.in>, Chairman Indian Oil <rs_butola@iocl.co.in>, Social FICCI <social@ficci.com>, Chief Secretary to GoG Gandhinagar <csguj@gujarat.gov.in>, Cabinet Secretary to Government of India <cabinetsy@nic.in>, CVC <cvc@nic.in>, Director CBI <dcbi@cbi.gov.in>, Chairperson NHRC <chairnhrc@nic.in>, Supreme Court of India <supremecourt@nic.in>, Meira Kumar Speaker Lok Sabha Parliament <speakerloksabha@sansad.nic.in>
Shri Pranab Mukherjee,
The same may kindly be expedited in larger public interest of accountability of public administration and Rule of Law to curb the high level irregularities & stop violation of Constitution of India.
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M - 94276 08632
http://twitter.com/BabubhaiVaghela
About me in Annexure at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en
Justice Swatanter Kumar to be appointed as first NGT chief
From: Babubhai Vaghela <vaghelabd@yahoo.com>
Date: Wed, Sep 19, 2012 at 1:25 PM
Subject: Prime Minister - "Judge on bench that moved cases to NGT may head it" seems to be a Criminal Conspiracy to favour Mr Justice Swantater Kumar..
To: Manmohan Singh <manmohan@sansad.nic.in>
Cc: tellthecorruptonfacetostopcorruption@googlegroups.com, riseindiarise@googlegroups.com, Vaghela B D <vaghelabd@yahoo.com>, right-to-information-act-2005 <Right-to-Information-Act-2005@googlegroups.com>, Chairman Indian Oil <rs_butola@iocl.co.in>, Saibal Sarkar Dy Scy PG PMO <saibal.sarkar@nic.in>, Supreme Court of India <supremecourt@nic.in>, Pranab Mukherjee President of India <presidentofindia@rb.nic.in>
19. Therefore, it is a settled legal proposition that no person can be appointed even on a temporary or ad hoc basis without inviting applications from all eligible candidates.
If any appointment is made by merely inviting names from the Employment Exchange or putting a note on the Notice Board etc. that will not meet the requirement of Articles 14 and 16 of the Constitution.
Such a course violates the mandates of Articles 14 and 16 of the Constitution of India as it deprives the candidates who are eligible for the post, from being considered.
A person employed in violation of these provisions is not entitled to any relief including salary.
For a valid and legal appointment mandatory compliance of the said Constitutional requirement is to be fulfilled.
The equality clause enshrined in Article 16 requires that every such appointment be made by an open advertisement as to enable all eligible persons to compete on merit.
ORDER BAD IN INCEPTION:
20. It is a settled legal proposition that if an order is bad in its inception, it does not get sanctified at a later stage. A subsequent action/development cannot validate an action which was not lawful at its inception, for the reason that the illegality strikes at the root of the order.
It would be beyond the competence of any authority to validate such an order.
It would be ironic to permit a person to rely upon a law, in violation of which he has obtained the benefits.
If an order at the initial stage is bad in law, then all further proceedings consequent thereto will be non est and have to be necessarily set aside.
A right in law exists only and only when it has a lawful origin.
Unquote:
In view of the legal position being crystal clear, as the Prime Minister of the UPA Govt at Centre, you are requested not to proceed with the appointment either of Mr Justice Swantanter Kumar or anyone else to head Green Tribunal or any such Tribunals without inviting applications by public notice.
While concluding, I hereby expressly caution Dr Manmohan Singh to refrain from abusing positional power in such high level appointments failing which the undersigned law abiding citizen shall be constrained to seek permission of the President of India to prosecute Dr Manmohan Singh for knowingly violate the Constitution of India and also for the Contempt of Supreme Court of India.
I hope Dr Manmohan Singh shall see reasons and not proceed with the illegal activity.
Regards,
--
(Babubhai Vaghela)
C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
M - 94276 08632
http://twitter.com/BabubhaiVaghela
About me in Annexure at - http://bit.ly/9xsHFj
http://www.youtube.com/user/vaghelabd
(Administrator - Google Group - Right to Information Act 2005)
http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en
CC : Shri R S Butola, Chairman, Indian Oil Corporation Limited, New Delhi.
CC : Mr Justice SH Kapadia, New Delhi.
CC : Shri Pranab Mukherjee, President of India, New Delhi.
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| Judge on bench that moved cases to green tribunal may head it | |||
| Express news service Last month, as part of a three-judge Supreme Court bench, Justice Swatanter Kumar had ensured more work for the National Green Tribunal (NGT) by ordering that all cases involving questions of environmental law be transferred to the tribunal. Now, another judge on the same bench, Chief Justice S H Kapadia, has recommended that Kumar head the NGT. The tribunal was set up two years ago to decide all environment-related disputes. On August 9, a bench of Kapadia, Kumar and Justice A K Patnaik had ordered the transfer of all environmental cases, including those filed or pending in courts before the establishment of the NGT, to it. Incidentally, Kumar is also the chairperson of the committee that selects members of the tribunal. As NGT chairperson, he will continue to be its member but cannot head it. The NGT Act allows the transfer of all pending cases at the National Environmental Appellate Authority, which ceased to exist after the NGT was established, but is silent on other environment cases in higher courts. The SC bench order transferring all environmental cases to the NGT came during the hearing of a Bhopal gas tragedy case. "In unambiguous terms, we direct that all the matters instituted after coming into force of the NGT Act and which are covered under the provisions of the NGT Act... shall stand transferred and can be instituted only before the NGT," the court said. The ruling effectively created much more work for the NGT than it has so far handled. The tribunal, which has been functioning out of a guest house, is severely constrained because of lack of staff as well as infrastructure. |
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