Moneylife’s campaign in 2013 about problems at Pune passport office has relatively ironed out the process of passport applications. However, recently, the alleged interference of touts seems to have put Tatkal passport applicants in a spot
Akanksha Samyal studies in Fergusson College in Pune. Her father Col Pradeep Samyal (retd) resides in Canada and had come down in January to renew her passport through Tatkal so that she gets it between one to seven days. However, he did not get the online appointment for over two weeks. Col Samyal searched on Google for help and found my cell number. When he called me up, I asked him to take a walk-in appointment. However, since January 2014, the walk-in appointments at Pune Passport Office are restricted to senior citizens, the disabled and for children below 14 years.
When I called up the Assistant Passport Officer and asked her as to what does a citizen, other than these three categories do, she casually stated that I would have to call up the office of Ministry of External Affairs (MEA) in Delhi and seek their permission and if I get it, then she would give the walk-in appointment. I told her to give this piece of information in writing. Lo and behold, within an hour’s time she gave Col Samyal a walk-in appointment for the next day. The objective of the campaign is not to procure appointments through ‘influence’ but to ensure that the passport applicant gets his or her appointment immediately after paying online as has been stated in the website.
Col Samyal pointed out that, “When I approached a passport agent, he said that if I give him my login and password, then he would give me the online appointment within 24 hours. However, I have never in my life gone through illegal ways and hence was determined to keep trying.”
While the website of the Ministry of External Affairs (MEA) www.passport.gov.in clearly states “Members of the public are advised to desist from dealing with touts / agents who may be charging exorbitantly for their service and further, may be making false promises about arranging assured urgent appointment or faster passport service delivery…Such incidents of harassment / influence by them may be reported to concerned Passport Officer”, it seems that touts are flourishing in Pune and alleged mass capturing of online appointments by these middle men is on the rise particularly for Tatkal passports.
Col Samyal, who finally got his daughter’s passport but was harassed for about two weeks over the issue of online appointments, gives a probable explanation from his experience. He states, “At the Schedule Appointment screen after choosing the PSK LOCATION and entering the CHARACTERS DISPLAYED when I pressed the NEXT button, instead of getting the ‘Book Appointment button’ the screen immediately refreshes with a new picture”. The above process kept repeating from 12pm till 12.15om on 18th January and till 12:20pm on 19th January for more than 40-50 times. Then in the end, I got the following message flashed on top:- “No Tatkaal appointments are available for the selected Passport Seva Kendra (PSK). Please try scheduling an appointment later on 19/01/2014 /// 20/01/2014 at 12:00 PM onwards” on both days respectively.
“My internet connection was perfect and fast, the Passport Server worked perfectly fine on both days. Today in addition, I spoke to the Passport Customer care and they advised me to try it on a different browser - Internet Explorer. I changed my browser, but there was still no change. It just can’t happen that the `Book Appointment button’ should repeatedly keep refreshing over the entire 15 to 20 minutes with a new picture asking to re-enter the letters displayed. As I had explained before, the Tatkal System is dominated by majority of the applicants taking appointments through touts. These "AGENTS" ask us for our user ID and password. The Passport Officer I met said that they are using the same web portal as us. If so then I would like to ask - How is it that they can get us an assured appointment over the next two days? There is a strong possibility of collusion by some passport officials or computer operators who may be manipulating the system.”
Writing to the Passport Officer, Col Samyal requested that, “you try the Tatkal Booking through a dummy account to check the validity of the system. There could also be some System Administrator who may be manipulating the system - as the system allows one to reach the payment portal and pay fees but prevents booking of actual appointment. Checking the logs and the log-in timings of the computer operators can surely give clues to the systemic manipulation, which I strongly suspect is being carried out. The ‘AGENTS’ are very obviously manipulating the system. In the end I can only say that the present system is a failure, requires an external intervention and a major re-haul.”
“If after two to three weeks of sincere efforts one fails to get Tatkal Appointment - then the very purpose of Tatkal is defeated. I am terribly disappointed with my experience and I am not too sure if the ‘AGENTS’ who thrive only because of systemic failure can ever be eliminated. I wonder how much time it takes to streamline and improve the system?’’
“My guess is as follows:
1. Agents get applicants to share their User ID and password
2. Agents have someone on the inside who has server administrator rights
3. Agents give a list of User ID/s and password/s to the administrator
4. When they log in with the User ID/s and password/s of the applicants (who have agreed to pay a fee to the agent), the administrator intervenes and ensures that the particular ID/s + password/s gets priority for the appointment
5. This way, anyone not using an agent, will find it near impossible to get an appointment, while those going thru the agent will get an appointment
Another applicant, Shubham Agarwal had the same traumatic experience. He wrote to me, “I have been experiencing a failure in booking Tatkaal appointment from last 10 days through the online portal. The system opens up at 12:00 noon and closes in 8-10 minutes approx. During this time after entering the PSK and unique characters it says, "unable to process. Please try later". I have tried online and challan payment both, different internet servers, browsers and everything else possible.”
“Whereas I recently found agents who are specifically working to get Tatkaal Appointments at a hefty price. Looks like they have been favoured by the system over the general public. The details of such an agent are as under:
Yet another passport applicant, Agam Gupta, who had to travel to UAE due to a new job, also did not get his online appointment under Tatkal. It was after my intervention that he finally got it. He writes: “I got selected in company at UAE and I required passport urgently, so I have collected all the document required for Tatkal passport and I am trying for appointment from last 10 days but unable to get also I have tried with agents even they are not able to do anything. I am helpless now this is very serious I may lose the opportunity if I didn’t get the passport I am also ready to spend money required for this. I kindly request you to please help me.”
Under the banner of RTI Forum for Instant Information (RFII) of which I am the convener, I organized a Passport complaint at a public garden in Pune on Sunday, 15th March. Once again, the major complaint pertained to the same issue of inability to get online appointment after applying and paying for Tatkal passport. Arti Karkhanis, one of the passport applicants, stated that, after her inability to get a Tatkal appointment she was advised by the passport officer to apply under the normal passport which takes 30 to 45 days to be issued. Karkhanis is going on a holiday shortly and hence wanted the re-issuance of her passport at the earliest.
RFII takes strong objection against the passport officers misguiding applicants instead of taking action against the alleged nexus of passport agents and staffers of the passport office. This is because passport agents have told applicants that if they give their login and password, then the agents will get applicants Tatkal appointments within a day. RFII demands that the passport office take strong action against passport agents or RFII will embark upon an agitation soon.
(For more details, contact Vinita Deshmukh 98230 36663 or email her at [email protected])
MSIL’s net profit and free cashflow generation will get a boost due to lower capex requirements, points out Nomura in a research note
The entire capex of the Gujarat expansion plan (1.5mn unit capacity) would be funded by depreciation and equity brought in by Suzuki Motor Corporation – Suzuki Gujarat will make zero EBIT margins. Maruti (MSIL) will not forego its profit margins for expansion at the Gujarat plant.
MSIL’s net profit and free cashflow generation will get a boost due to lower capex requirements. For Suzuki, return on Gujarat investment would be only through MSIL, which is positive for MSIL shareholders. Further, the decision to seek approval of minority shareholders ensures high standards of corporate governance. These are the observations made by Nomura in a research note on the Maruti expansion plans.
Assuming 12% annual volume growth over the long term, Nomura’s calculations suggest that Suzuki will need to invest equity of around Rs130bn over FY16-22F while the remaining Rs50bn will be funded by depreciation charged to Maruti (Nomura has assumed capex of Rs30bn for every 250,000 units).
At 13% discount rate, this Gujarat plant expansion by Suzuki implies NPV of Rs50bn (Rs160/share) for Maruti. If it is assumed that the Gujarat plant will be merged once the contract expires after 15 years at book value, then, the net benefit for Maruti shareholders would be around Rs33bn (Rs110/share), as per Nomura’s calculations (see table below for details).
Overall, Nomura feels that this is significantly positive for MSIL shareholders and it expects strong positive stock reaction.
The Parliament could have passed some of the pending Bills, including the Grievances Redress Bill and the Whistle-blowers Bill. However, the self-flagellation and ego of the Congress combined with antics of the Opposition turned everything topsy-turvy
There was recently a frantic race among Congressmen how to persuade the President of India to issue a couple of ordinances because the young master, Rahul Gandhi, desired it. It is a different matter that none of the proposed laws were opposed by the Opposition. Had the House managers done their homework, Parliament could have passed some of the pending Bills, including the Grievances Redress Bill and the Whistle-blowers Bill. The self-flagellation and ego of the Congress combined with antics of the Opposition turned everything topsy-turvy. The Telangana Bill, with both major political parties indulging in political manoeuvring, was passed by voice vote, embellished by a peppery spray and a shameless failure of live TV coverage of the proceedings of the House (one does not yet know the villain - the government has not held an inquiry).
And pray, how come Rahul is so insistent on the ordinance route when, in the matter of disqualification of convicted legislators, he had publicly shamed the Prime Minister and his government by tearing the ordinance!
Can the President accept an ordinance when both Houses are not going to meet before the general election in May 2014 and there is going to be a new Lok Sabha? It would amount to shredding the Constitution, if the President were to approve the ordinances, which in law were never deliberated by the members of the Lok Sabha. Are the newly elected Lok Sabha members expected to initiate their work with old Bills? I have not much objection to the broad contours of the Bills - I myself have been a public signatory to a statement demanding that before the dissolution of the Lok Sabha, the Bills on public grievances and whistle blowers be passed. But somehow it did not happen. With time having run out, democracies cannot resort to devious methods.
I am aghast at the drama of ordinances for all these weeks in the Press. If the government was genuinely keen on having these Bills passed, what stopped it from extending the session by a few days? Unless the ruling party was manoeuvring to acclaim Rahul Gandhi as the sole Mr Clean of India, in the melodramatic repetition of the 1940 movie of Hollywood decades back, namely “Mr Smith Goes to Washington” and the more recent Bollywood version equally well-crafted and starring Amitabh Bachchan, “Main Azad Hoon” — I fail to understand why his followers did not insist on extending the session for a couple of days to pass these Bills, which certainly would have received no opposition. Of course, if the real intent was to seek a mileage, then unfortunately the move has backfired.
Even if the President had been persuaded to issue the ordinances, these would have had no validity or life and the new Lok Sabha would have to pass them afresh. Was this fuss worth even a penny?
A vibrant democracy is not governed by ordinances. This provision is an anathema to a democratic Republic. I feel that the ordinance issuing power is an anachronism dating back to the colonial Acts of 1919 and 1935 and it should be deleted from the Constitution. No other parliamentary democracy has such an undemocratic provision.
The Supreme Court has firmly held in the Wadhwa’s case (1987) that the power conferred on the Governor to issue ordinances is in the nature of an emergency power for taking immediate action when the legislature is not in session. The primary law-making action under the Constitution is with the legislature and not the executive. The power to promulgate an ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be allowed to be “perverted to serve political ends” (emphasis supplied). “It is contrary to all democratic norms that the executive should have the power to serve political ends”.
A similar provision empowers the President under Article 123 of the Constitution. This is a hangover from the colonial period but then we have retained gleefully many remnants of the British law like sedition, applicability of which is causing havoc in the lives of young activists, especially those belonging to minorities. This power of issuing an ordinance has no place in a democratic country.
Consider the ground rules of the situation. The general election is to be held in a couple of months. On a conservative estimate, a minimum of half the existing members of the Lok Sabha are going to be defeated. Should these rejected politicians forestall the right of the new members either to accept or modify radically the said legislation? It was unseemly for the government to start stray winds of gossip and news items indirectly to gauge the reaction of the President if the ordinances were sent to him.
We have the answer. Democratic norms and conventions in the country have at last been reiterated eloquently by the quiet, dignified and steadfast stand of President Pranab Mukherjee in refusing to give consent to the ordinances, notwithstanding the frantic legal erudition of P Chidambaram. The President was not moved by the almost tearful lament of Foreign Minister Salman Khurshid, saying how the rejection has come in the way of Rahul Gandhi’s vision. Khurshid should not take it to heart because the coming general election will give all the opportunity to Rahul Gandhi to test his vision. Now that the question of ordinances is over, I hope Rahul and his seasoned advisers will remember the old admonition: “Be you ever so high, the law is above you”.
(The writer is a former Chief Justice of the Delhi High Court)