I am publishing the following news item to show the need for taking a travel insurance while travelling abroad.
It is mandatory while travelling to certain countries.
But I would advise every tourist to take one.

Its coverage is very wide and includes medical illness, hospitalization, loss of passport, missed flights, loss of luggage, etc.

The following is the news item published in the Times of India (Mumbai Edition)
10 October 2013

Insurer to pay Rs 3 lakh to woman who fell ill during Thailand trip

(Rebecca SamervelRebecca Samervel, TNN | Oct 10, 2013, 01.10 AM IST)

MUMBAI: An insurance company will have to reimburse a Parel-based woman Rs 3.34 lakh assured under the overseas travel insurance policy after she fell ill on a trip to Thailand in 2011.

The complainant, Anila Gupta, will also receive Rs 15,000 as compensation as the insurer, ICICI Lombard General Insurance Company Ltd, had failed to furnish the amount when she was hospitalized abroad in Thailand.

According to the complaint filed in the Central Mumbai District Consumer Disputes Redressal Forum in 2012, Gupta said she had arrived in Thailand on July 29, 2011. However, she fell critically ill and was admitted to a Bangkok hospital in August 2011. Her husband sent an email to the insurance company on August 24, 2011, and registered a cashless claim. During her hospitalization, officers of the insurance company in Bangkok were in touch with the healthcare facility and paid a substantial portion of medical expenses.

However, due to an erroneous interpretation, the insurer did not make full and timely payment.

The Guptas were forced to shell out Rs 3.21 lakh from their Indian bank account in September 2011. Gupta was discharged on September 26, 2011, but could not leave Thailand as the disease was contagious and continued her treatment there as an outdoor patient. After returning to India in October 2011, she submitted her claim to the insurance company. Gupta sent a notice to the insurer on March 21, 2012, to settle the claim. However, in the absence of a response she filed the complaint.

The insurer was served a notice of the complaint but remained absent. The forum then proceeded ex parte. In the forum, Gupta produced a copy of the travel insurance. During the pendency of proceedings in the forum, she told the forum that the insurer had issued her a cheque for a part of the amount claim. However, she said that since the matter was sub judice, she had not encashed the cheque. The forum held that the insurer had not responded to the complaint and hence Gupta’s version remained unchallenged. The forum held it guilty of deficiency in service.

The full text of the decision is available at the following site:

http://164.100.72.12/ncdrcrep/judgement/21483131009162912639CC-12-127.pdf

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.

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.

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.

Anjali Damania….. a little bit of unanswered questions from people like me

I heard Anjali Damania, the activist, and a number of panelists, on TV yesterday. They left me in a dizzy.

The TV show has left me with some unanswered questions. Will someone answer them?
Anjali was frank enough to say that the she was not a doctor, but a pathologist…but her real occupation is not really relevant for the present.

Anjali – the Agriculturist

Anjali claimed she was an agriculturist because her grandfather was a farmer. Unfortunately, the law does not say so.
My grandfather may not have been an agriculturist, but his father, or grandfather, or someone higher up in the hierarchy, were probably agriculturists.
But that does not make me an agriculturist in Maharashtra.

She said something about purchasing agricultural land under some scheme for horticulturists. But no one pursued the matter, and she did not elaborate.

Everyone knows how difficult it is to purchase agricultural land in Maharashtra.
Even Amitabh Bachchan faced this problem.

Anjali mentioned owning 59 acres of agricultural land. You can see Anish & Anjali Damania’s Farm at Kashele, Karjat at the following site.
http://wikimapia.org/17132481/Anish-Anjali-Damania-s-Farm-at-Kashele-Karjat

I suppose this is her land…Please correct me if I am wrong. 

She further claimed she had purchased seven acres of agricultural land in 2007, got the land converted into non agricultural use and sold it in 2011 to private individuals.

According to media reports, Anjali used the land for a project for private villas created by a company in which she was a director; and till August 2011, out of the 39 plots created, 37 were sold.

Two farmers from whom Anjali purchased the land have now claimed that she had purchased the agricultural land claiming she would use them for agriculture.

Anjali has reportedly said, “I can produce all the required papers to prove that everything was done legally. If someone thinks this is wrong, the problem then actually lies with the government’s policy in changing the land-use from agricultural to non-agricultural. I am being targeted now because I raised my voice against a corrupt system.”

What is expected from Anjali

Of course, Anjali has done nothing wrong. She did what any intelligent person would or should do. But for the fact, the movement she is spear heading is demanding transparency.  The reason is that transparency alone leads to honesty.
In her own case,

• Anjali has not published her assets.
• Anjali has not explained how she became an agriculturist.
•  Anjali did not answer questions about the selling price of her land.
• Anjali has not disclosed her interest in different companies.

Anjali simply said that she had filed her income tax returns and was ready to face any enquiry and all the usual rubbish.

The facts clearly show that what she was doing was dabbling with real estate business. But all rich and powerful people in Maharashtra and other places make money through real estate business.

Transparency

The leaders of such movements should not only be clean, they should be a shade higher in terms of transparency.
But in her own case, Anjali has forgotten all about transparency. Damania (left) with Kejriwal during the recent press conference held in Delhi. PTI

State Government’s stand and the BJP

The state government has said that they found that Anjali and her partners who held the land were not farmers by livelihood and therefore confiscated the land.

The BJP has also released a letter which Damania wrote to authorities in 2011 asking them to consider the change in the alignment of a dam that would submerge her property and requested that the alignment of the Kondhane dam be shifted so that her property was not submerged due to it.

Pointing out that her entire life savings were used for the land, Anjali had written that if the dam were to be shifted by 700 metres only, tribals would be hit by the project and they would be adequately compensated, unlike her. So much for the good of the common man.

My advice to Anjali and others

Anjali, and all persons im her situation, should put list of assets, all the papers, documents and full details of controversial issues in the public domain…for any and every one to see and scrutinise.
If you cannot do so, simply quit the movement.

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?

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

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……….

National Consumer Disputes Redressal Commission’s view

There are a number of decisions of different Consumer Forums, that an aggrieved applicant, who has paid the prescribed fees for obtaining information under the provisions of the Right to Information Act, is a consumer.

This view was upheld by the National Consumer Disputes Redressal Commission, New Delhi in

REVISION  PETITION No. 1975 OF 2005

(Against the order dated 1.10.05 in Appeal No.244/04 of the State Commission, Karnataka)

                  Dr. S.P. Thirumala Rao

                               Vs.

                 Municipal Commissioner
                 Mysore City Municipal Corporation

No appeal was preferred against this order.  Therefore, this decision remains final and binding, on all the consumer forums in the country.                           

You can see the full decision at the following site:

http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

 National Consumer Disputes Redressal Commission does not follow its own order

The National Consumer Disputes Redressal Commission had occasion to consider the same issue again in the following case:

Revision Petition  No. RP/4061/2010

                  T. PUNDALIKA
                            vs.

                   REVENUE DEPARTMENT (SERVICE DIVISION),
                   GOVERNMENT OF KARNATAKA

The National Consumer Disputes Redressal Commission dismissed the petition by its order dated 13.03.2012. The order is reproduced below:

“ Petitioner had sent a letter on 10.1.2001 to the effect that he is not physically fit to appear before this Commission and also not in a position to engage an advocate due to financial difficulties.  Prayer was made to dispose of the Revision Petition on the basis of the decision of this Commission in Dr. S.P. Thirumala Rao vs. Municipal Commission, Mysore – R.P. No.1975/2005 decided on 28.5.2009.  We appointed Mr.R.K. Dikshit, Advocate as amicus curiae to appear in this case on behalf of the petitioner.

Petitioner, in order to sort out the controversy with respect to his pensionary benefits, filed an application under Right to Information Act, 2005 (hereinafter referred to as ‘the RTI Act, 2005’) in the office of Opposite party No.4.  Opposite party No. 4 failed to provide the information.  Petitioner then filed the complaint before the District Forum, which was allowed and a direction was issued to opposite party No.4 to furnish the required information.

Respondent, being aggrieved, filed an appeal before the State Commission, which has been allowed by observing thus :

“At the outset it is not in dispute that complainant had filed an application u/s 6 & 7 of the Right to Information Act to the OP No.4.  But complainant cannot be considered as a consumer as defined under the C.P. Act since there is a remedy available for the complainant to approach the appellate authority u/s 19 of the RTI Act, 2005.”

 We agree with the view taken by the fora below.  Petitioner cannot be claimed to be a consumer under the Consumer Protection Act.  There is a remedy available for him to approach the Appellate Authority under Section 19 of the RTI Act, 2005.  Dismissed. “

 This is judicially a very bad order. It has referred to the decision in  Dr. S.P. Thirumala Rao vs. Municipal Commission, Mysore – R.P. No.1975/2005 …..but has not given a single reason why it is not following that decision. This is bad jurisprudence.

I suppose the Supreme Court of India itself should cancel this order dated 13.03.2012 and direct the National Commission to decide the issue afresh.

Karnataka State Consumer Redressal Commission

Toeing the error committed by the National Consumer Disputes Redressal Commission, the Karnataka State Consumer Redressal Commission has forgotten its high status and gone one step further in committing judicial impropriety.

In brief, J S Virupakshaiah, Karnataka Information Commissioner, passed an order dated July 17, 2012 on a petition, K Venugopal vs Tahsildar and PIO, Bellary Taluk, Bellary district (KIC 12026 PTN 2011).

In this order, he has directed the Information Commission’s under secretary as follows :
“A copy of this order may be sent to the Chairman, Karnataka Consumers Redressal Forum, Basava Bhavan, Palace Road, Bangalore, with a request to direct all the Consumers Forums in the state not to entertain Appeals/Complaints filed under the RTI Act.”

Instead of taking objection to this kind of letter, and acting against all the norms of judicial independence, the Registrar, Karnataka State Consumer Dispute Redressal Commission (KSCDRC), Bangalore, (presumably under the orders of his Chairman) has sent a circular on August 29, 2012 to all the District Forums in the State not to entertain any complaints or appeals against public information officers (PIOs) under the Right to Information (RTI) Act.
Naturally, almost all the District Forums will obey this written, but illegal, order.

Request

I suppose the Supreme Court of India should rectify these glaring errors and should suo moto cancel the order of the National Consumer Disputes Redressal Commission dated 13.03.2012 in Case No. RP/4061/2010 and direct it to decide the issue afresh.

The Chairman, Karnataka State Consumer Redressal Commission should immediately recall his bad and illegal Circular dated August 29, 2012 to all the District Forums in the state and let them function in accordance with law.

Mistakes can and do occur. But they should be immediately corrected…….
This will only enhance the faith of the common man in the higher judiciary .

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

Like

Public Figure

Want to like this page?

To interact with V K Singh you need to sign up for Facebook first.

Sign Up

It’s free and anyone can join. Already a member? Log in.

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

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.

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.