Bureaucracy – An Indian Bureaucrat's Diary https://binoygupta.com Share the life time experiences of a retired Indian Bureaucrat relating to travel and nature Mon, 14 Oct 2013 14:59:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 Aam Aadmi Party, ex Bureaucrats and Politics https://binoygupta.com/culture/aam-aadmi-party-ex-bureaucrats-and-politics-564/ https://binoygupta.com/culture/aam-aadmi-party-ex-bureaucrats-and-politics-564/#comments Mon, 14 Oct 2013 13:55:06 +0000 http://binoygupta.com/?p=564 Read more ›]]> Aam Aadmi Party, ex Bureaucrats and Politics

 

Yesterday night, I was shocked to watch and hear Arvind Kejriwal’s comments
in the TV show Aap Ki Adalat.

Earlier, I have been astonished to hear comments by General V K Singh about

the Supreme Court decision on his age dispute.

And I have been amused to see Asaram Bapu’s supporters ranting to the

media.

Right to contest elections and dream big

Every one, including ex Bureaucrats, and even Babas have a right to contest

the elections, and dream of becoming the Prime Minister, Chief Minister,

Minister, MP or MLA. But people who have retired as a General or Cabinet

Secretary or some other high position have handled very sensitive files and

documents. They should never talk about such things in public in private.

General V K Singh

How can he compare his age dispute with that of a 17 year old rapist?

The Supreme Court does not admit cases of age disputes of government

servants directly.

The affected person has to come through a serious of judicial hierarchy.

The Supreme Court did a favour in hearing the General directly. Probably this

should not have been done.

Then, there are procedures and a plethora of decisions on how age disputes of

Government employees should be agitated and resolved.

Commenting on the Supreme Court was in very bad taste.

Then he stated that he had evidence against a subordinate offering him bribe.

But he could never produce the evidence.

Then his statement in public  about the bribes and payments made to

politicians in Kashmir are actually crimes punishable under the Military Act

and the Official Secrets Act.

Surely he knows all this….

 Asharam and his son Narayan Sai

Asaram Bapu is in jail. His son Narayan Sai announced he will form an all India
political party. His supporters harp on the delay in filing the various

complaints.

There are so many charges against both father and son. There are a plethora of
illegal constructions……

If he is innocent, he should appear before the police and the and the courts

and answer the different questions.

Why is he running away?

 Arvind Kejriwal

In the interview yesterday, Arvind said that he was a Commissioner of Income
Tax when he resigned, and that every Inspector in the Income Tax

Department earns at least Rs. 1 crore per year……He left the department and

all this money for the common man.

 The fact is he was not a Commissioner – but only an Addl. Commissioner of

Income Tax when he resigned. All this ranting about the earning of an

Inspector of Income Tax of Rs. 1 crore is sheer bakwas. How many cases of

Inspectors amassing this kind of money did he come across? How many

inspectors did he take action against during his long career.

Then he did not mention that his wife continues to work in the same Income

Tax Department as Additional Commissioner of Income Tax. Personally, I do

not know them. But by the same logic, she must be earning tens of crores of

rupees every year. What is his answer to this logic?

Anna Hazare thought politics is dirty and chose to remain aloof. But Arvind

has entered Politics and he is already talking like a Chief Minister…….May be

one day his dreams will come true.

But as I said, he has a right to contest elections and dream big,,,,but without

telling silly lies about his ex colleagues and sub ordinates.

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36 Floor ‘Tower of Irregularities’ https://binoygupta.com/architecture/36-floor-%e2%80%98tower-of-irregularities%e2%80%99-529/ https://binoygupta.com/architecture/36-floor-%e2%80%98tower-of-irregularities%e2%80%99-529/#comments Fri, 14 Dec 2012 17:52:55 +0000 http://binoygupta.com/?p=529 Read more ›]]>  

36 Floor ‘Tower of Irregularities’  at
Altamount Road, South Mumbai 

Who said 2 and 2 make 4 ?
A few people believe that 2 and 2 make 22.
They plan things that way.
And they also make this weird mathematics work for them.

I am referring to the promoters of the 36-storey under construction building in one of the most swanky areas of South Mumbai  –  on Altamount Road – close to the famous Antilia.

Antilia

Antilia, named after the mythical Atlantic island of Antillia is,  the

Antilia

27-floor home of Mukesh Ambani.  You can read more about it in Wikipedia.
http://en.wikipedia.org/wiki/Antilia_(building)

Antilia is situated on an ocean-facing 4,532 square metres (48,780 sq ft) plot at Altamount Road, South Mumbai, where land prices are upward of US$10,000 per square metre. In August 2008, Altamount Road was the 10th most expensive street in the world at US$25,000/sq m (US$2,336 per sq foot).

The purchase of the land on which Antilia stands is mired in mystery and covered in a veil of secrecy. In 2002, this property was purchased by Antilia Commercial Private Limited – a Mukesh Ambani entity – from the Currimbhoy Ebrahimbhoy Khoja Trust, in direct contravention of Section 51 of the Wakf Act.

Currimbhoy Ebrahim Khoja Yateemkhana (Orphanage), a charitable institution, sold the land allocated for the purpose of education of underprivileged Khoja children, to Antilia Commercial Private Limited in July  2002 for Rs 21.05 crore. The market value of the land at the time was at least Rs.150 crore.

There were a number of other problems and hurdles involving the deal, including litigation, but all these were gradually resolved.

Tower of IrregularitiesNow, close to Antilia, a 36-storey building, under construction on Altamount Road,  has been nicknamed the ugliest building of the area and has also earned the infamous term ‘the Tower of Irregularities’.

Just take a quick look at the list of irregularities.

The 17th to 36th floors of the under-construction building has 20 duplex apartments. Each flat measures 2,300 square feet. Nothing great about this!
There are several flats in the area with much larger areas.

However, each flat:

  • Is surrounded by two 471 sq ft of air-handling units
    (ostensively for installing the air conditioning units).
  • Has 791 sq ft lily ponds,
  • A 368 sq ft letter box and
  • Other ‘amenities’ covering over 8,000 sq ft.
  • Each of these FSI-free spaces is larger than the living room (342 sq ft).
  • The building has an astounding 317 parking slots for just 20 duplex flats, a  mere 16 cars per flat.

In essence, where the basic FSI would permit construction of 53,000 sq ft only, the total construction area, including the FSI-free areas, has been stretched to 4.67 lakh sq ft, or 9 times the permissible area. Calculate the mind boggling money involved……..

But the builder may not be lucky

Krishna Developers, the builder may be heading for serious trouble. The residents of three neighbouring housing societies – Prithvi, Jupiter and Prabhu Kutir Apartment – had filed a series of complaints with the Urban Development Ministry and the municipal corporation seeking a stop work order. But there was no such order.

52 housing societies of the locality have joined hands to fight the construction which they believe flouts all development control rules. The Altamount Road Area Citizens Committee (ARACC), an umbrella body of all Altamount residential buildings, has taken up the issue.
They have decided to file a PIL against Krishna Developers.

The locals claim, “Altamount Road is already stretched beyond its limits with the vehicular traffic and cars parked on both sides obstructing movement through the day and night. Fire tenders are unable to reach the site of a fire thereby resulting in substantial damage to property and the safety of our residents is under threat”….

“The design of this building is such that it will be impossible for a fire engine to reach the building from the entrance. The fire engine would also be unable to go around the building in case of a fire”.

Role of Government Agencies

The building plans for the 36-storey building were approved by BMC, the civic body, in 2007. So long, the government authorities have turned the proverbial Nelson’s eye to the various allegations.

The Bombay High Court may soon have to decide the issue. The freebies extended to the builders  are far too excessive to be overlooked.

What should be done

Merely cancelling a portion of the construction will not be a sufficient deterrent. All those responsible should be suitable punished.

Land prices are very high in Mumbai. And they are the highest in South Mumbai. It is natural that builders and the govt. authorities connive with each other and misuse all the legal provisions.  The stakes are much too high.

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How to Fight Corruption Effectively … Sequel https://binoygupta.com/culture/how-to-fight-corruption-effictively-sequel-522/ https://binoygupta.com/culture/how-to-fight-corruption-effictively-sequel-522/#comments Sat, 03 Nov 2012 14:41:29 +0000 http://binoygupta.com/?p=522 Read more ›]]> Now an Income Tax Officer is arrested for taking bribe

Now, an Income Tax Officer is arrested in Thane for taking bribe .
The following news item gives the facts.
At one time, lady government officers were expected to be honest. But times have changed.
Undisputably, there cannot be any gender discrimination. It is therefore only natural that the malaise has spilled over to the fair sex.

News Item

Woman I-T officer caught accepting Rs 1.5 lakh bribe

Nitin Yeshwantrao, TNN Nov 2, 2012, 02.44AM IST

THANE: A woman income tax (I-T) officer was remanded in police custody till Saturday after being caught red-handed by CBI sleuths accepting a bribe from a Thane builder. Accused Madhavi Chavan was picked up from the Wagle Estate I-T office late on Wednesday after she accepted Rs 1.5 lakh from Sandeep Salvi, a partner in a construction firm which has projects in Chiplun and Roha in the Konkan region.

Salvi and his associate Rajabhau Patkar had complained to the anti-corruption wing of the CBI in Mumbai about the alleged harassment and cash demand made by Chavan. They claimed Chavan had contacted them in September and said her superiors had issued orders for scrutiny of their tax papers. Patkar claimed Chavan asked them to pay Rs 10 lakh to cancel the scrutiny orders.

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How to Fight Corruption Effictively https://binoygupta.com/culture/how-to-fight-corruption-effictively-518/ https://binoygupta.com/culture/how-to-fight-corruption-effictively-518/#comments Thu, 01 Nov 2012 15:59:12 +0000 http://binoygupta.com/?p=518 Read more ›]]> How to Fight Corruption

Corruption is big news today. A lot is being written and said about corruption.

Why is Bribery and Corruption Flourishing in India


Bribery and corruption (including similar activities in the private sector) are flourishing in India because the public is not only tolerating, but also encouraging, such activities.
People readily pay bribes to get work done….even if the work is totally illegal.
Parents seek prospective candidates for marriage with their children with an eye on the money they will make in future.
Worse, there is no stigma attached to illegal earnings.

How do you fight Bribery and Corruption

We already have several laws to fight all these……
We have a judiciary any democratic country can be proud of.
I personally believe that a new Lok Pal will only add one more layer of bureaucracy, a lot of expenditure, which we can hardly afford, and consequential corruption.

So how do we tackle the bribery and corruption?

  • First…don’t pay bribe.
  • Secondly, in case of government officials or public servants, file a complaint with the concerned Anti Corruption Department, and get the culprit arrested or caught red handed, while taking bribe.

Devrao Bawane, Deputy Commissioner of Sales Tax Jailed

For those who disbelieve in the efficacy of the existing laws, I am attached a news paper cutting of today to show how effective our laws are.

Devrao Bawane, Deputy Commissioner of Sales Tax and his inspector have been sentenced  to 5 years rigorous imprisonment for taking bribe of Rs. 1 lakh in 2009.
And what has not been mentioned is that they will also lose their retirement benefits.

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Ashok Khemka IAS……..Right or Wrong https://binoygupta.com/current-issues/ashok-khemka-ias%e2%80%a6%e2%80%a6-right-or-wrong-502/ https://binoygupta.com/current-issues/ashok-khemka-ias%e2%80%a6%e2%80%a6-right-or-wrong-502/#comments Wed, 17 Oct 2012 16:04:26 +0000 http://binoygupta.com/?p=502 Read more ›]]> Ashok Khemka IAS……..Right or Wrong 

Yesterday evening, I watched Ashok Khemka live on TV.
I listened to the Panel Speakers, some eloquent, others less so.
So many people supported him. There was an avalanche of congratulatory sms and email messages.
The TV and the media turned him into a hero…..or did they?

Ashok Khemka
 
Ashok Khemka was born in West Bengal on 30 April 1965. He graduated from the prestigious Indian Institute of Technology, Kharagpur in 1988. He is an IAS officer of the 1991 batch. His home cadre is Haryana

He has acquired several other degrees, including a Ph.D. in Computer Science from the Tata Institute of Fundamental Research, Mumbai.
In the absence of more details, I can only presume that he acquired these degrees during his service period..

He has been repeatedly transferred by various state governments  in Haryana –  to be precise….. 43 times in the last 19 years.

http://indiatoday.intoday.in/story/vadra-land-deal-why-transfers-dont-shake-khemka/1/225114.html

Conduct Rules
 
Being a senior and responsible officer, I am sure Ashok Khemka realises that there are rules and regulations which everyone, particularly the senior bureaucrats, have to follow:

1. Ashok Khemka found irregularities in the sale of of 3.531 acres of land in Shikohpur village at Manesar by Sonia Gandhi’s son-in-law Robert Vadra to the realty giant DLF. for Rs.58 crores. He ordered investigations.
.
2.  Presumably, as a result of this action, on October 11, 2012, three days after he initiated the probe into undervalued land deals between Vadra and DLF, Ashok Khemka was transferred as the D.G., Haryana Seed Development Corporation.

3.  However, before leaving office on October 15, 2012 Ashok Khemka cancelled the mutation of the 3.531 acre plot of land in Manesar-Shikohpur citing irregularities in the transfer of land by Vadra’s Sky Light Hospitality Private Limited to the real estate giant. He found that the land deal had signatures by an unauthorised Haryana official.

4. I am surprised that not a single panelist could fault this apparently illegal action…..
Honesty is only one of the criteria of a good governance…..following the law and implementing them are equally important.
No show cause appears to have been issued to the concerned parties.  The reason is Ashok Khemka simply did not have the time. Obviously, such frenzied action is wrong in law.

5.  Ashok Khemka was awarded ‘S R Jindal Prize – 2011’ prize which included cash of Rs. 10 Lakhs for ‘Crusade against Corruption’ along with Shri Sanjiv Chaturvedi for his fearless efforts in exposing corruption in high places. There are specific circulars prohibiting the acceptance of such rewards by bureaucrats.

6. Finally, the bureaucracy is expected to work in an anonymous manner. They can not vent their grievances in public, the way Ashok Khemka is doing. This way,  he lays himself open to various charges under the conduct rules.

And all this makes him highly vulnerable to victimisation……….

 

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General V K Singh – Date of Birth https://binoygupta.com/legal-dilemma/general-v-k-singh-date-of-birth-472/ https://binoygupta.com/legal-dilemma/general-v-k-singh-date-of-birth-472/#comments Wed, 18 Jan 2012 15:59:00 +0000 http://binoygupta.com/?p=472 Read more ›]]> Some one forwarded me a e-mail……I have reproduced it down below.
I do not know whether it is authentic or fake.
A google search on ABHIJIT+BHATTACHARYYA did not throw up any result.
But the issues are not as simple as made out by the so called author.

The author has written:
There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

But the author, claiming to be a Supreme Court Advocate, has not given any details of the decision – citations as they are legally termed. There have many cases involving the date of birth of Government officials at various levels.
To start with the rules relating to age dispute and a few decisions are clear.

But it would be wrong to say that the Supreme Court has ruled that  the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).  Presuming that there is such a decision, I would have to go through the Supreme Court decision and the context in which the Court made the observations.

I do not know the full facts of V K Singh’s case. Therefore, at this stage, I would not like to make any comments.

The matter is coming up before the Supreme Court this week itself and all the relevant facts would be placed before the Court by the General and by the Government of India. Then I will write again.
But at the present, I can only say that the Supreme Court does not normally directly entertain such disputes. The High Court and other courts are there to start with.

I am giving the Generals profile collected from the internet.

General V K Singh’s profile

V K Singh | Facebook
http://www.facebook.com/pages/V-K-Singh/112951392052154 – Cached

V K Singh | Facebook. From Wikipedia, the free encyclopedia. General Vijay Kumar Singh PVSM, AVSM, YSM, ADC (born 10 May 1950) is the 26th General of
http://www.facebook.com/pages/V-K-Singh/112951392052154
V K Singh

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Description

From Wikipedia, the free encyclopedia

General Vijay Kumar Singh PVSM, AVSM, YSM, ADC is the 26th General of the Indian Army and currently the Chief of Army Staff.

Early life and education

Vijay Kumar Singh comes from Bapora village in Bhiwani district of Haryana state. Singh is a third-generation officer. His father was a Colonel in the Indian Army and grandfather a senior Junior Commissioned Officer (JCO). Singh was educted at Birla Public School, Pilani, Rajasthan.

Military career

Singh was commissioned into the 2nd Battalion of The Rajput Regiment (Kali Chindi) on 14 June 1970. He went on to command the same unit when it was positioned along the Line of Control with Pakistan.

He graduated from the Defence Services Staff College as a honours graduate of the United States Army Infantry School, a graduate of the Rangers Course at Fort Benning and the United States Army War College in Carlisle, Pennsylvania. In the US for the Rangers course, he came first in combat operations.

Note : The date of birth given here is 10 May 1950

 

The following is the full text of the e-mail

 

WITH BEST COMPLIMENTS FROM ABHIJIT BHATTACHARYYA ADVOCATE SUPREME COURT OF INDIA. THISHAS BEEN RECEIVED FROM A FRIEND OF MINE. MAY LIKE TO SEE AND KNOW THE TRUTH. SATYAMEVE JAYATE

By Jay Bhattacharjee
18 January 2012

THE PRESENT GOI PURSUES ITS CRIMINAL AGENDA OF

DESTROYING THE INDIAN ARMED FORCES

LET US WISH GEN. V.K. SINGH ALL THE BEST IN HIS STRUGGLE

TO COMBAT THIS VENAL ORGANISATION (THE PRESENT GOVT. OF INDIA)

______________________________________________________________________

I suppose the entire affair had to come to this stage. The soldiers’ soldier, V.K. Singh, has been compelled to knock at the doors of the apex court, to defend his honour and integrity and to combat the slurs cast on him  by a vicious gang of babus and netas.

At this stage, it is vital to analyse the issues that are involved in this sordid conspiracy.

Let us look at the undisputed facts :

(1) The COAS, Gen. V.K. Singh (VKS) has at least 11 documents to demonstrate unequivocally that his date of birth  (DOB) is 10th May 1951, not 10th May 1950

(2) The AG’s Branch in the Indian Army is the accepted and unquestioned authority for all documents, records etc. pertaining  to Army personnel. The records of the AG cannot be queried. It is not disputed that the AG’s files show the DOB of VKS as 10th May 1951.

(3) The only document that shows 1950 as the DOB of VKS is that in the Military Secretary’s Office. Now, the MS only determines promotions etc. – in the case of VKS, the DOB data in the MS office is based on the NDA application form that was filled up by the schoolmaster of VKS when he was applying for his NDA admission test.

How many of us at the age of 14 to 15 in the early 1960s to mid 1960s relied on our seniors (whether in the family or in our schools) to help us in completing the admission forms for NDA / university / IIT etc. ? Almost all of us, I can guarantee.

(4) The COAS duly submitted his birth certificate and school certificate to the NDA authorities, showing his 1951 DOB. His entire career in the Army was based on his 1951 DOB until 2006 (see later), when his elevation to Lt. Gen. was under consideration (see later).

He valiantly fought for the country and loyally served the country without ever knowing that there was this anomaly in his DOB records.

(5) Only in 2006, did the anomaly in the records surface. VKS promptly asked for the two conflicting DOBs to be reconciled on the basis of the correct facts (recorded in the AG’s files).

Let it be said categorically that VKS is not asking for / has not asked for his DOB to be changed, as is being made out by some of the muck – raking media. He is only asking for the correct DOB (as per law) to be recorded. There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

This is when the fun and games started. The babus got into the act and the charade commenced, only to reach the stage of the Chief’s Supreme Court petition yesterday.

The denouement is, of course, yet to come, but, in the process, the country and its armed forces have been thrown into this cauldron by the calculated acts of commission and omission by a coterie of dishonest, anti-national and unpatriotic people in Raisina Hill.

Who are the principal actors in this potential Greek tragedy ?

(A) The two former Chiefs of Army Staff JJ Singh and Deepak Kapoor occupy centre stage in this Machiavellian plot. Both of them have highly questionable career records and have served their own interests rather than those of the country and the Army.

Singh was rewarded with a Governorship because of his pliancy when he was Chief. In the case of Kapoor, the disclosure of his venal involvement in the Adarsh affair surely put paid to his post-retirement ambitions but he had already damaged the Army considerably before his Adarsh peccadilloes. JJ Singh, notoriously, was photographed crying in public after his appointment to the COAS was announced. Hardly a Chief who inspired confidence in his officers and men.

These are the two “stalwarts” who bullied, blackmailed and cajoled VKS not to contest his DOB when VKS was being considered for elevation to the post of Army Commander.

Then there is the Attorney General Vahanvati, a squalid little lawyer, who had a murky track record of representing crooks and criminals in the 2G affair and in other matters. This fellow had the audacity to override the written opinions of 4 former CJI’s on the basic validity of the DOB of VKS. And, there is,of course, the wretched Khurshid fellow – the chap can only act as his nature dictates.

The 4 former Chief Justices of India have all said that the DOB of VKS, in the eyes of the law and based on the facts of the case, is 10th May 1951.

However, Vahanvati mian, throws out all law and jurisprudence and gives a notoriously outlandish opinion that the DOB of VKS must stay as 10th May 1950, because, otherwise, the “line of succession” already decided for the next COAS would be affected.

This perverted view is, of course, promptly accepted by Anthony lungiwallah, Salman Khurshid (the low-life Minority-quota wallah), Chiddu Spectrumambaram, and the other assorted deviants in the current GOI’s centre of power. The ever-complicit PM is equally involved, though, later on, the slippery eel will claim he didn’t know what was going on.

Now, what is this gibberish “line of succession” that Mian Vahanvati is talking about ? The Indian Army is not a tinpot monarchy that has these orders of precedence laid out for the top position. Any Army Commander or equivalent, is eligible for appointment as COAS. Certainly, the senior-most, among them,  has been the usual choice, but this seniority is on the basis of a valid DOB scenario for everybody.

Vahanvati cannot say (and must not be allowed to say) that a wrong record of DOB of a current chief must determine the “line of succession”. And that, too, a “Line of Succession”  that was allegedly prescribed in 2006 and in 2008 by two unworthy Army Chiefs ?

This bizarre nonsense must be strongly challenged and refuted.

Now, I am constrained to mention the unmentionable. The logical conclusion of Vahanvati Mian’s and Khurshid’s contortions is that VKS will be succeeded as COAS by Lt. Gen. Bikram Singh, presently heading the  Eastern Command in Kolkata.  Now, why is this development ominous ?

Bikram Singh, indisputably, has a Pakistani daughter-in-law. Why is that a red flag ? Either the PMO, MOD, and the babus – netas in Raisina Hill are dreaming in colour or they are subscribers to the flat-earth theory. Surely, the India – Pakistan interface is not like the U.S. –  Canada scenario. This is not to cast aspersions on the poor lady in question, but to realise that we all live in a real world environment where we cannot take risks with the nation’s security at the highest level. This is not a stage or a platform where we can adopt a posture best described as utopian. Some would say “ostrich like”.

In the past, this country’s leaders like Nehru have taken great risks with our security by adopting this blinkered, naive approach. In the late 1950s and the early 60s, we had a very senior Foreign Service mandarin whose own brother was in the Pakistani foreign service in an equally senior position. For some time, the two brothers were Chiefs of Protocol in India and Pakistan. No one is saying that the IFS mandarin was unpatriotic, but there were grave risks involved – the situation was a recipe for disaster because of the possibility of totally involuntary mistakes.

A similar risk scenario in the late 1950s was when Humayun Kabir (for some time, a Minister in the Union Cabinet) had a first cousin  who the chief of police in East Pakistan.

In the present context, we have to be even more cautious. Therefore, alarm bells must ring when people like Vahanvati and Khursheed, aided and abetted by Antony lungiwallah, Chiddu Chidambaram and MMS, are batting for a person who has an Achilles Heel, admittedly not of his own making.

This is a slightly long piece but I strongly feel that is my duty to pen my thoughts.

Let us hope the Supreme Court gives justice to the brave General.

In the meantime, I can only wish him courage and fortitude,  and offer him my unflinching support. My fellow citizens will do the same, I know.

Jai Hind.

Jay Bhattacharjee

PERICLES : FUNERAL ORATION (431 BC)

“The greatness of Athens has been acquired by men who knew their duty and had the courage to do it, who, in the hour of conflict, had the fear of dishonour always present in them, who, if ever they failed in an enterprise, would not allow their virtues to be lost to their country, but freely gave their lives to her as the fairest offering which they could present at her feet”.

P.S. These noble thoughts, I know, will be totally alien to the despicable bunch of reprobates in Raisina Hill.

Binoy Gupta

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Corruption, Arrest & thereafter https://binoygupta.com/bombay-high-court/corruption-arrest-and-what-thereafter-441/ https://binoygupta.com/bombay-high-court/corruption-arrest-and-what-thereafter-441/#comments Tue, 08 Nov 2011 16:30:39 +0000 http://binoygupta.com/?p=441 Read more ›]]> Top postal officer, arrested for taking Rs. 2 – cr bribe, back with plum posting  – Former Chief Postmaster General of Maharashtra reinstated

November 8, 2011 – I came across the above headlines in the Mumbai Mirror today. After having served the Government of India for four decades, and observing how it, or rather those who subvert the entire system function, I was not surprised.

A high ranking officer, allegedly caught taking a bribe of Rs. 2 crores is back in his post after a 18 month deemed suspension. What is surprising is why and how ?

The same tabloid contains a news item that a bus conductor sacked for Rs. 119 gets his job back after 11 years. The charge against him was there was shortage of Rs. 119 in his cash. 

 The Facts

Back to our hero, Mahendra Singh Bali (59), a 1978-batch Indian Postal Service officer, then Chief Postmaster General of Maharashtra, was arrested by the Central Bureau of Investigation (CBI) on February 25, 2010. for allegedly taking a bribe of Rs 2 crores from a builder.

The CBI  took the action on the basis of complaint by Rita Shah, a former Mira-Bhayander corporator. According to the complaint, Bali had asked for the bribe to issue a No Objection Certificate for developing a 2,000-sq-mt plot in Mira Road, part of which was reserved for a post office.

According to reports, after Bali’s arrest last year, the CBI carried out searches of his office and residence in south Mumbai,  and found 34 lakh in Indian rupees, and foreign currency – $10,722, £3,050, 3,470 Euro – from four briefcases.
The CBI also seized laptops, and 45 bottles of imported liquor.

Further enquiries revealed that Bali owned several properties in Faridabad, Panchkula, Dwarka, Bhopal and Gurgaon. The CBI found that he had 22 bank accounts with a total balance of Rs 26 lakhs. The collective value of the properties is still to be evaluated.

Central Administrative Tribunal

Bali challenged his suspension before the Central Administrative Tribunal (CAT), Mumbai which ordered his reinstatement last week. On November 4, 2011, Bali  was reinstated as the Chief Postmaster General of West Bengal.

The reinstatement was ordered on a technical ground  –  violation of the central civil service rules. “This was a case of deemed suspension. In such cases, the suspension has to be reviewed in 90 days, and as this was not done, the initial order was rendered invalid before the law,”

The issue is not about Bali. Even though Bali is reinstated, proceedings and prosecution will continue.

What should be done

It is for the government, for the CBI and the CVC to find out who are the officers who did not follow the central civil service rules, who did not review the suspension in accordance with the law, and allowed the central administrative tribunal to pass the order it did.

Some one should find this out and take action against the concerned officers.
Otherwise, this sort of aberrations will continue….the guilty will continue to be back in their posts……….

Any one has any better suggestions ?

November 9, 2011

Someone in Delhi has read the news and the result….
Bali has again been suspended yesterday.

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Kiran Bedi and her overbilled air expenses https://binoygupta.com/legal-dilemma/kiran-bedi-and-her-overbilled-air-expenses-434/ https://binoygupta.com/legal-dilemma/kiran-bedi-and-her-overbilled-air-expenses-434/#comments Wed, 26 Oct 2011 15:36:39 +0000 http://binoygupta.com/?p=434 Read more ›]]>                           Kiran Bedi is fond of hogging the lime light. But the present news items and allegations relating to numerous false billings in relation to her flights over the years have caught her on the wrong foot. They are far more serious than she and her friends are willing to concede.

I belong to the 1968 batch of Indian Revenue Service, senior to her in age and experience by several years.
A petty clerk, or for that matter, any other employee, both in the private and government sector, is dismissed from service for a single instance of similar over (or false) billing. Here we have a series of systematic false billings.

For all I know, the allegations may not be correct. I would be extremely happy if they are proved to be false.
Or they may be partly distorted.
But Kiran Bedi owes it to everyone to disclose the facts and come out clean. It is not sufficient for her and her friends to say, “ let the authorities make any enquiry against her and hang her  if she is guilty “.

Coming to the allegations.
What are the allegations? What are the facts? And why Kiran Bedi should disclose details of the concerned expenses?

It is a fundamental expectation that those who fight for transparency should themselves be transparent. Otherwise, they lose the moral authority to be leaders. The public will discard them like rotten maggots.

For the moment, the allegations may not prove corruption, but they certainly demand and merit transparency. Kiran Bedi should make public the relevant facts.

My own conclusions (which of course, may not be fully or even partly incorrect) are as follows:

1.      Kiran Bedi did ask for, and received, reimbursement of her inflated air travel fares, consistently and systematically, over several years. These were probably made on the basis of estimates (or proforma invoices) conveniently supplied by Anil Bal, her travel agent and co-trustee.

2.    Later, Kiran Bedi made payments for her travel expenses to Anil Bal, her travel agent and co-trustee on the basis of actuals, which of course are far less.

3.    Kiran Bedi claims that all the amounts she received, including some from other activities, like books, etc. went to the trust.

4.     The question arises whether or not Kiran Bedi attended the meetings and conferences in her personal capacity. If she did, then the entire excess of receipts less actual expenses would constitute her personal income. Of course, she can make donations to NGOs and claim exemption as per law. But all the receipts and expenses must be shown in her personal income tax returns.

5.     On the other hand, if she attended the meetings, etc. on behalf of her NGO, were the activities justified by the objects of the NGO.

6.    In any event, claiming air fare on the basis of false bills, I repeat false bills, is a serious crime.  The motives are not relevant. Robbing the rich to help the poor would constitute the same serious offence. The law is as simple as this.

7.    Kiran Bedi says enquire and hang me if I am guilty. Great words !  Who will file a complaint against you and invite problems?  Every prudent person will just keep mum.  And even if you are guilty, you cannot be hanged. There is no such penalty for such financial crimes. And everyone knows that an enquiry takes a long time……

8.    Kiran Bedi, if you have any sense of self respect, you should publish full details of all the concerned lectures and talks; names and addresses of the invitors, details of the expenses claimed, received and incurred, and on what basis you claimed the inflated expenses. You should also publish full details of your own personal contributions to the trust. After all what is there to hide?

9.     By the way, I went through the web site of her trust – India Vision Foundation.

http://www.indiavisionfoundation.org/donation-gallery.asp

There are no details of the various donations received…only a long list of names.
If this is what transparency is all about for our leaders, God help this nation.

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Sanjiv Bhatt, Police and Politics https://binoygupta.com/current-issues/sanjiv-bhatt-police-and-politics-425/ https://binoygupta.com/current-issues/sanjiv-bhatt-police-and-politics-425/#comments Sun, 14 Aug 2011 03:17:14 +0000 http://binoygupta.com/?p=425 Read more ›]]>

Sanjiv Bhatt, Police and Politics.

I have just seen the following article on a popular website.
It is most distressing and dangerous.

IPS officer Sanjiv R. Bhatt suspended

Posted by: “Anjlee Pandya”
anjleepandya@gmail.com
Fri Aug 12, 2011 10:54 pm (PDT)

———- Forwarded message ———-
From: votebank politics <votebankpolitics@gmail.com>
Date: Fri, Aug 12, 2011 at 6:11 PM
Subject: Mischievous and in-disciplined Gujarat cadre IPS officer Shri Bhatt
put under suspension
To:

Mischievous and in-disciplined Gujarat cadre
IPS officer Shri Bhatt put under suspension

*1. Shri Sanjiv R. Bhatt *is an IPS officer of 1988 batch belonging to
Gujarat cadre, whose career since the beginning of his service has remained controversial. Because of his numerous acts of omissions, commissions, controversial actions and behaviour, he* has mostly remained in the sidelined posts. He is facing several department proceedings and criminal cases of serious nature. Even he has not been promoted as IGP though* his batch mates have been promoted long back.

2. At present he is in DIG rank and posted as Principal, SRP Training
Centre, Chawki, Sorath, Junagadh since 1st September, 2010. There are 340 Armed Police Recruits, who have been recruited with many efforts, are under training and passing through a crucial phase of their induction into the
State Police force. Yet Shri Bhatt didn’t find it fit enough to do his
duties at Junagadh.

3. Shri S. R. Bhatt, applied for ‘Half Pay Leave’ from 14.2.2011 to 8.4.2011
vide his application dated 9.2.2011. The DGP, Gujarat State informed him
vide fax message dated 12.2.2011 that leave as applied for by him was not
granted and, hence he should not proceed on leave. Ignoring the orders of
his DGP, Shri S. R. Bhatt informed the DGP, Gujarat State on 12.2.2011 that he has proceeded on sick leave from 11.2.2011 (after office hours) for 30 days enclosing a medical certificate certifying the illness of his mother.

4. The DGP, Gujarat State vide his letter dated 13.2.2011 informed Shri S.
R. Bhatt that appropriate decision on his leave application would be taken
after compliance of the certain points. Shri S. R. Bhatt again requested for
sick leave for 30 days along with contact details directly to the DGP office
on 13.2.2011. Despite *specific instructions from DGP, Gujarat State asking
him not to proceed on leave,* Shri S. R. Bhatt ignored such instructions and
remained unauthorizedly absent from duty from 12.2.2011 to till date. In the
interim, Shri S. R. Bhatt sent requests for extension of leave from time to
time but the DGP refused leave/ extension of leave on all such occasions and asked Shri S. R. Bhatt to report for duty. But Shri S. R. Bhatt ignored all
such instructions and orders from DGP, Gujarat State and remained/ continues to remain unauthorizedly absent from duty. *He has not resumed duties yet though more than 10 months has passed since he has been posted.* He has been making lame claims about his appearance before SIT and the Inquiry Commission, which any officer can do as a part of duty from any posting. Leave for such a long period is not a privilege and* no one can claim such privilege as a ‘matter of right’. *

5. Shri S. R. Bhatt’s *unauthorized absence from duty is a very serious kind
of misconduct*, not befitting a senior member of the IPS. The gravity of the
unauthorized absence from duty of Shri S. R. Bhatt becomes more serious for the reason that he is Principal of SRP Training Centre, Chawki, Sorath,
District Junagadh, where *new recruits are being trained and transformed in
a well-disciplined members of the police force; *by committing such
misconduct, Shri S. R. Bhatt *has set a very bad example of indiscipline and
insubordination before the new recruits.*

6. He was relieved of the additional charge of the post of DIG, Gram Rakshak Dal (GRD) vide Home Department’s Order dated 30.10.2010. Shri S. R. Bhatt was also instructed vide Order dated 30.10.2010 not to leave his official headquarter (SRP Training Centre, Chawki, Sorath, Junagadh) without prior permission of the DGP, Gujarat State. Despite this, Shri S. R. Bhatt left the headquarter without permission of DGP, Gujarat State and remained at his residence at Ahmedabad.

7. Without obtaining any permission from the Addl. DGP (Training), Shri S.
R. Bhatt performed his administrative duty from his residence at Ahmedabad and thereby indulged in the conduct unbecoming of a member of the IPS.

8. During 1.11.2010 to 20.12.2010, *he took the services of 30 employees of
SRP Training School as gunman and runner duty unauthorizedly at his
Ahmedabad residence,* which resulted in unnecessary financial burden of
salary and TA/ DA on Government exchequer. *During the unauthorized absence from duty, Shri S. R. Bhatt used Government vehicle with a driver from 12.2.2011 to 29.4.2011 at his residence at Ahmedabad i.e. outside his
official headquarter, for his personal work,* creating unnecessary financial
burden on State exchequer, in violation of Para-458(4) of the Gujarat Police
Manual Part-III.

9. Shri S. R. Bhatt *did not submit his E-Statements for the months of
September, October and November, 2010* to his higher authority in violation of Para-248 of the Gujarat Police Manual Part-III. *Shri S. R. Bhatt made a misleading entry in the Movement Diary on 10.11.2010 and 15.11.2010 showing his presence at the SRP Training Centre, Chawki, Sorath, Junagadh. *

10. From the Log Book and the statements of his driver, Vice Principal and
other staff of the SRP Training Centre, Chawki, Sorath, Junagadh, Shri S. R.
Bhatt was not present at the SRP Training Centre, Sorath, Junagadh on
10.11.2010 and 15.11.2010. *He created a false record of his presence at the SRP Training Centre, Chawki, Sorath, Junagadh*, which is a very serious matter amounting to lack of integrity and lack of devotion to duty.

11. Despite *his unauthorized stay at Ahmedabad, Shri S. R. Bhatt, in his
Movement Diary, mentioned that he remained at Ahmedabad from 1.11.2010 to 18.11.2010 for preparation of marathon. Participation in and preparation for marathon is not an official duty.* *He was not assigned any such duty for this event,* meaning thereby that Shri S. R. Bhatt, for his personal work, stayed at Ahmedabad and remained unauthorizedly absent from duty at the headquarter.

*12. Shri S. R. Bhatt did not write the Log Book for the Government vehicle
No.GJ 18-G.2361 for quite some time, in violation of Government instructions * in this regard as also in violation of of Para 499 (2) of the Gujarat Police Manual Part III. A Preliminary Inquiry was initiated against Shri S. R. Bhatt, for his unauthorized absence from the headquarter (Chawki, Sorath,Junagadh).

*13. Despite repeated instructions given on 22.12.2010, 23.12.2010,
28.12.2010, 8.2.2011, 11.2.2011, 13.2.2011, 14.2.2011, 7.3.2011, 21.3.2011and 22.3.2011 to remain present before the Preliminary Inquiry Officer* *(Shri Vinod Mall, IPS), he (Shri S. R. Bhatt) ignored the notices and did not remain present before the Preliminary Inquiry Officer.* After giving
sufficient opportunity to Shri Bhatt and after conducting inquiry by a
senior officer like Shri V. K. Mall, a report was submitted to the DGP,
Gujarat State.

*14. During his tenure in the Gram Rakshak Dal, he (Shri S. R. Bhatt) used
five Government vehicles unauthorizedly. Even after getting relieved from
the charge of the post under the Gram Rakshak Dal on 30.10.2010, he
continued to retain one vehicle of Gram Rakshak Dal (Ambassador Car
No.GJ.3-G-341) with him unauthorizedly. *

*15. He took away two laptops, one multi-media projector, one computer, one cell-phone with SIM-card, two digital video cameras and one lawn mower from the office of the Gram Rakshak Dal to his residence, *which were not returned till the Preliminary Inquiry started on 1.5.2011.

16. Looking into the inquiry report and the continuous disobedience by Shri
Sanjiv Bhatt is a serious misconduct and under AIS Conduct & Discipline
Rules, it attracts a major penalty. In this circumstance and having regard
to the above-mentioned several serious acts of commission and omission and conduct unbecoming of a senior member of the IPS, after careful
consideration, *Shri S. R. Bhatt, IPS has been placed under suspension* on
8/8/2011, in exercise of the powers conferred by Rule 3(1) of the All India
Service (Discipline & Appeals) Rules, 1969.

I have never met Sanjiv Bhatt.
In terms of service, he is junior to me by 20 years. I was offered the Indian Police Service, but I joined the Indian Revenue Service for the simple reason my mother did not like the idea of my joining the police force.
But Sanjiv Bhatt’s conduct is hardly something which can be justified by any one – either morally or legally.

Members of the All India Services – the IAS and the IPS are a privileged lot. They are appointed by the Central Government and allotted to a particular state. They draw their salaries and allowances from that state. Even though they enjoy certain safeguards against dismissal, etc., they are under the day to day administrative control of the concerned state.

Of late, IPS officers like Sanjiv Bhatt have been mixing up politics with their official duties, hogging the media and making all kinds of allegations.

Serving officers should not address the media unless the conduct rules permit them to do so. Of course, they can and should approach the High Courts and Supreme Court, wherever necessary.

The several allegations in the above paragraphs against Sanjiv Bhatt are prima facie sufficient to justify disciplinary against him. He must remember that if he himself is thoroughly indisciplined, how can he expect, demand and get unsquinted obedience from his subordinates.
They will behave in the same irresponsible manner and the system would collapse.
And if the allegations are correct, no court can support his stand.

First, before fighting against the State, Sanjiv Bhatt or any other officer himself should be clean in all respects.
Otherwise, he will end up a hapless loser the same way as Baba Ramdev.

Sanjiv Bhatt, you are treading on dangerous turf.
You will end up a sad loser.
And in the end, it will be your wife and children who will suffer.

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Fate of Graft Cases https://binoygupta.com/bureaucracy/fate-of-graft-cases-415/ https://binoygupta.com/bureaucracy/fate-of-graft-cases-415/#comments Sun, 24 Jul 2011 04:48:45 +0000 http://binoygupta.com/?p=415 Read more ›]]>
Ex-agriculture Director of Maharashtra acquitted in bribery case

   

July 21, 2011

Every now and then, I read of a case of graft – that some official has been arrested red handed while taking a bribe.
Usually, such cases are followed up by searches at the residence(s) and other connected places of the official, leading to recovery of unaccounted wealth.
Invariably, in such cases, apart from the allegation of accepting bribe, the concerned Anti Corruption Bureau (ACB) also files a case quantifying unaccounted assets worth crores of rupees ( 1 crore = 10 million).

Even in the extreme case, where no unaccounted assets are found, I would believe that cases where an official is caught red handed should be the easiest to prove in our courts.

But unfortunately, most cases end up in acquittals !

Agriculture Director of Maharashtra arrested

Prakash Wamanrao Mahindre, then Agriculture Director of Maharashtra, was arrested in 2005 for allegedly taking a bribe of Rs 50,000 from Rajkumar Bhanudas Dhargude, a businessman.

According to the complaint filed by Dhargude, Mahindre had demanded bribe of Rs 2 lakh each for issuing three new licences and renewing another four.

The ACB, Pune conducted a search at Mahindre’s residence at Central Park Apartment on Ambedkar Road and recovered cash and ornaments totalling
Rs 4,97,44,957.
They arrested Mahindre for possessing assets disproportionate to his known sources of income.

Finally, the ACB, Pune registered a case of amassing wealth against Mahindre and his wife Priya under the Prevention of Corruption Act and the Indian Penal Code. They quantified his assets at Rs 3.02 crores.

Mahindre was suspended from the service in 2005. During the suspension period, he retired from service.

Acquittal

Defence lawyer Sudhir Shah argued that the jute bag containing Rs 50,000, which was recovered from Mahindre’s cabin at Central Building, was planted there.
The Special court of S N Sardesai in Pune acquitted Prakash Wamanrao Mahindre.

What is not understandable is the way the case was investigated and presented and what happened to the other charge of amassing wealth.

Obviously, the search team had not done its home work. May be, with today’s, modern equipments, proving a case would be easier.

And acquittal will not be that easy.

The Silver Lining

The silver lining in such cases is that the culprit is suspended, the case drags on for years, and apart from the fact that the culprit does not receive his full salary, perks, and promotion, he has to spend a lot of money on his lawyers which itself is a sort of punishment.

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