Arbitrariness in disbursement of government subsidy is reflection of failure of government machinery

Grievance Status

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Status as on 02 Aug 2017

Registration Number : MPANG/E/2017/04352
Name Of Complainant : Arun Pratap Singh
Date of Receipt : 17 Jul 2017
Received by : Ministry of Petroleum and Natural Gas
Forwarded to : Ministry of Petroleum and Natural Gas
Contact Address : Room No. 211a,
B Wing, Shastri Bhavan
New Delhi110001
Contact Number : 23386407
Grievance Description : Subject-Incredibility in the dealings of chief area manager of Indian Oil Corporation Limited in regard to subsidy to domestic gas connection holders reflects that Vindheshwari Gas Service is acting in caucus with local staffs of Indian Oil Corporation Limited. According to communication dated 16/06/2017 which is first page of attached documents, as per the notification under section 7 of Aadhar act dated 30th September 2016 by ministry of petroleum and natural gas, government of India, Aadhar authentication or proof of possession of Aadhar number or proof of enrolment for Aadhar availing L.P.G. Subsidy beyond 30th November 2016. After 30th November 2016, failure to produce Aadhar or proof of Aadhar enrolment without any valid reasons, L.P.G. subsidy was liable to be withheld from first December 2016. Withhold means -Irregular: withheld; withheld, hold back; 1-refuse to hand over or share. The father is withholding the allowance until the son cleans his room 2-Retain and refrain from disbursing; of payments. My employer is withholding taxes. Deprive means- 1-take away possessions from someone e.g. The Nazis stripped the Jews of all their assets 2-keep from having, keeping, or obtaining 3-take away Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to following submissions as follows. 1-It is submitted before the Hon’ble Sir that whether to withhold subsidy is tantamount to deprive of subsidy? Most surprising is that staffs of Indian Oil Corporation Limited understood that to withhold subsidy means to deprive of subsidy to those who are entitled to it and getting since many years. Whether it is justified to deprive poor underprivileged villagers of subsidy arbitrarily by colluding with the staffs of Indian Oil Corporation Limited? Most important thing is that whether concerned agency really sought Aadhar card from the beneficiaries of subsidised gas cylinders and why they had not taken if the Aadhar card was available to them since two and half years and more surprising is that beneficiary’s bank accounts are linked with their Aadhar card. Here most important question is that who are ultimate beneficiaries if poor underprivileged villagers were deprived of subsidised gas cylinders?It is submitted before the Hon’ble Sir that please you Hon’ble Sir may take a glance of historic judgement delivered by apex court of India. Accountability must be ensured in order to achieve good governance. Even in respect of administrative orders Lord Denning M.R. in Breen v. Amalgamated Engineering Union (1971 (1) All E.R. 1148) observed “The giving of reasons is one of the fundamentals of good administration”. In Alexander Machinery (Dudley) Ltd. v. Crabtree (1974 LCR 120) it was observed: “Failure to give reasons amounts to denial of justice”. Reasons are live links between the minds of the decision taker to the controversy in question and the decision or conclusion arrived at”. Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the “inscrutable face of the sphinx”, it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The “inscrutable face of a sphinx” is ordinarily incongruous with a judicial or quasi-judicial performance.
Current Status : CASE CLOSED
Date of Action : 02 Aug 2017
Details : Addressed
Attachment :     open

2 comments on Arbitrariness in disbursement of government subsidy is reflection of failure of government machinery

  1. Incredibility in the dealings of chief area manager of Indian Oil Corporation Limited in regard to subsidy to domestic gas connection holders reflects that Vindheshwari Gas Service is acting in caucus with local staffs of Indian Oil Corporation Limited. According to communication dated 16/06/2017 which is first page of attached documents, as per the notification under section 7 of Aadhar act dated 30th September 2016 by ministry of petroleum and natural gas, government of India, Aadhar authentication or proof of possession of Aadhar number or proof of enrolment for Aadhar availing L.P.G. Subsidy beyond 30th November 2016. After 30th November 2016, failure to produce Aadhar or proof of Aadhar enrolment without any valid reasons, L.P.G. subsidy was liable to be withheld from first December 2016. Withhold means -Irregular: withheld; withheld, hold back; 1-refuse to hand over or share. The father is withholding the allowance until the son cleans his room 2-Retain and refrain from disbursing; of payments. My employer is withholding taxes. Deprive means- 1-take away possessions from someone e.g. The Nazis stripped the Jews of all their assets 2-keep from having, keeping, or obtaining 3-take away

  2. . Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the "inscrutable face of the sphinx", it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial performance.

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