Congress is divisive

Wikileaks has disrobed the Congress party- a party of sycophants, court jesters and scamsters engaged in keeping their masters in good humour through antics, histrionics and disingenuous statements. This is the party created by a Britisher A.O Hume to perpetuate thraldom and slavery on Indian people.

US cables containing confidential communications between the US ambassador in India and the US govt. has exposed the communal opportunism of the party which had been enunciated by Indira Gandhi and zealously pursued by the courtiers as a means to gain power for acquiring wealth through scams and scandals without shame. And we the people of India are worse even to vote for them.

Today I find a news item about one General Secretary of the party linking so-called Hindu extremists with killing Karkare only to be controverted promptly by Karkare’s wife. How far these offspring of Aurangzeb (Gadkari’s parlance Aurangzeb ki aulad) can go for self aggrandizement? We have Mirzafar, Mann Singh, Jaichand and Shakti Singh as icons of treason and treachery even in the olden days and we all despise them.

Now in the light of the above revelations I am sure Sadhvi Pragya Singh, Colonel Purohit and others may have been implicated for political reasons otherwise how the death of the gangster-extortionist like Sohrabuddin and human bomb Ishrat can be a matter of priority for the Congress? By making such absurd statements the Congress people are helping Pakistani propagandists. It is sheer idiocy that a budding congress leader compares SIMI with RSS.

Actually we are beset with an intractable problem of having no healthy choice   for a political formation that may lead the country in strict accordance with the Constitution going beyond communalism, castism, corruption and moral decadence. The leftist are not reliable, BJP is no improvement (Yedurappa & reddy brothers cases) but not unpatriotic like others and the Congress is simply abhorrent and pernicious for the country and its security.

Therefore the need of the hour is to devise a polity which obviates the propencity to placate particular segments and which is able to command trust of the entire nation and does not breed politicians like  Diggy ,Maya ,Mulayam, Laloo and so forth.

Congress fears JPC

Parliament is paralyzed because of the obduracy of the Congress party. It should accede to the constitution of the JPC in order to let the Parliament function smoothly. After all JPC is also part of the Parliament.  Manmohan Singh is reportedly honest man but his hesitation for JPC is intriguing.

The BJP may have an agenda but the vehement opposition to JPC by the Congress party is more stinking.

An obituary ode to a union leader victimized by CAG officers

Two days back a man, I knew for his untiring relentless, dedicated and devoted unionism, breathed his last in a hospital due to brain hemorrhage. Late Gupteshwar Mishra started his govt. service from a humble position in the O/O of the Accountant General Bihar Patna during the seventies. He was not well educated but still possessed tremendous wit and common sense. He was courageous and always ready to help others. I was surprised at his eloquence and oratory.

Times came when out of his total dedication to the cause of employees he would support even a few controversial employees. But sometime back when I asked him why he fought for a corrupt employee he had regretted that.

An unfortunate turn in his life came when he remained suspended for a long time. In 2004 or 05 he was arrested at night in a fake CrPC 107 proceeding under influence of a corrupt-castist AG, humiliated and put under police custody for days in breach of the Cr.P.C provisions. Finally he was dismissed from service. The irony was that all his life he carried the leftist flag but even his comrades enjoying luxury of the UPA-1 did absolutely nothing for him.

Recently CAT Patna had ordered for his reinstatement. But the present AG did not comply with the order. After about 6 months of the order (well beyond period of limitation) the AG advised by some officers at the CAG office moved the High Court against the fair, just and well reasoned order of the CAT, to save two corrupt IAAS officers posted at Patna, Gupteshwar Mishra had reported that Dhariwal had instructed his staff to engage a particular lawyer not for his ability but for his kin-ship to some judges belonging to a particular caste.

In all this litigation protracted by the CAG office Mishra had incurred heavy loans and was under tremendous tension which lastly cost his life.

The system has corrupted so much that a poor employee finds itself in a situation where the errant officers spent lakhs of rupees in perpetuating injustice and prolonging litigations. Has ever such an officer been punished drastically? They engage famous lawyers in strong cases just to procrastinate a case. They laugh at the delay which fetches them promotions and retire peacefully by the time justice comes at the cost of torment, ruin of family or suicide or brain hemorrhage of the poor employee

The people of India represent a dead civilization no revolution can take place to liquidate corrupt politicians ,bureaucrats and other such constitutional entities.

With these words of frustration and anguish I pray to God to rest his soul in peace..

Decline in sports & atheletics

The dismal performance by Indian athletes in the Guangzhou Asian games is very depressing. In the medal tally India lags behind small countries like Taiwan, Hong Kong, Malaysia and the two Koreas among many more. All the brouhaha of the CWG games has weathered down.


Had we spent even 1/3rd of the stupendous money squandered on the CWG extravaganza in setting up sports infrastructures, providing training and dietary supports to all the villages and towns that would have created great sport-potentials with possibility of greater success.

But corruption indulged in by politicians and civil servants comes in the way as usual. The shameless can not mend themselves. Execute them the way China has done.

C.J.I has done commendable job

Chief Justice has taken a right step while transferring High Court Judges. Today I read a news item about defiance of the transfer order by a Delhi judge. It is not only indiscipline but also highly improper.
C.J’s efforts must go on undaunted to cleanse the system. There are aberrations in Patna High Court also which need to be rectified. If at least half of the judges are transferred and replaced by judges from outside the state, this will herald a new phase of efficiency, fairness and impartiality that will further strengthen people's faith in the justice delivery system.
Bihar is cursed to live with castism, nepotism and corruption.

Take action against Arundhati, Gilani and others

About five months back I wrote on my blog “Leadership to be blamed for Kashmir inferno” advocating for harsh action against the secessionists and antinational elements. Now this list is lengthening itself with so called pseudo intellectuals like Arundhati, Padgaokar, Jethmalani and others joined by latest incomer Omar the CM of a failed administration.They have taken upon themselves the role of championing the cause of the separatists in JK. They derive their strength from the Union govt. that remains infirm, indecisive and insensitive towards national integrity and sovereignty.

I am afraid the traitors are gaining ground in the country. It has become a fashion to abuse India, praise Pakistan and get recognized as great champions of secularism and, human rights of anti nationals and infidels to the country. Can an American citizen act like this in the USA from where we have borrowed the constitutional concept of the Fundamental Rights?

One thing must be borne in the mind that the territories of the country including that of JK are more important and sacrosanct to us than some of their people who have no allegiance to the Indian nation. The integrity shall be maintained even at the cost of the life of such people. India is not that weak or gullible as was made to be during Nehruvian era. We the people of India can rise to the occasion.

New layer...

Corruption in Delhi Common Wealth Games 2010

P.M’s step today to appoint Mr. Shunglu a former CAG to investigate corruption in Common Wealth Games is nothing but eyewash. This is aimed at creating confusions and delaying the probe. There are at least four regular agencies to probe the matter. I fail to comprehend how better the former CAG will be able to get to the bottom. The practical difficulty is availability of evidences, documents and incriminating materials which will have to be shifted, shuttled and shared among CBI, CAG, CVC, ED, IT, and now Mr.Shunglu the Ex-CAG.

The overlapping functions will only impede the probe.

The right and sincere course would be to render all support to the CAG who is not only expert in but also constitutionally empowered to audit the entire transactions. On the basis of the CAG reports the CBI be given go ahead to bring the criminal investigation to completion. This scheme has succeeded in respect of the ill-famed Fodder Scam in Bihar.
Therefore a parallel investigation by Shunglu Panel should be dismantled if the PM is really serious about exposing the corrupt beneficiaries.

Musharaf admission of sending terrorists to India not new

Pakistan is a banana republic-chaotic and untrammeled run by thugs who can not act responsibly. Musharaf orchestrated Kargil war and Bajpayee was extending olive branch. Nawaj Sharif has publicly held Musharaf guilty of the war with us. Now again Mush has admitted sending terrorists to India as a state policy of Pakistan. This time Manmohan Singh rolled out red carpet for Musharaf who also held press conference in India a few months back and indulged in propaganda.
Are we so effeminate our leadership so timid govt so fearful. Shame, Shame, and shame.

CAG's indictment of Telecom Ministry

CAG’s indictment of DOT minister Raja in 2G spectrum allocation scam leaves no room for Manmohan Singh govt. to retain him in the Union cabinet. If at all Raja continues with his job, Manmohan Singh will certainly lose moral authority to lead this country. Even though he may be running the country on the basis of the number games played by the Shylocks of the corrupt and brazenly immoral parties out to claim their pound of flesh.

CAG REPORTS DISCLOSURE

I saw a news-item ‘Is CAG ‘leaking’ defence secrets?” I do agree that as per the legal position once the reports are tabled on the floor of the house they come into public domain. The logic being that the CAG reports are discussed by the Parliament.

Equally strong are the arguments of the defense forces which want to safeguard the secrecy of their arsenals due to strategic considerations.

The way out is that a small component of the PAC should examine those aspects of the reports which relate to strategic plans and latest weaponry or things vitally important to be kept out of the knowledge of the enemy countries.

In recent time some overenthusiastic field officers have been violating the ethos of the deptt. by leaking reports to local media for ulterior motives. One such controversy was created at Ranchi about police secret fund and even judiciary was unnecessarily dragged in. Fortunately it steered itself clear of the controversy.

Corruption in Judiciary

To day I see the most conspicuous 1^st news item ‘Eight former CJIs corrupt’ on the 1^st page of a popular daily.

 The efforts of Shanti Bhushan may be appreciated as the reasons for the expose appear to be serious and genuine seeing the grave consequences of contempt involved in.

 The element of corruption deprive a genuine petitioner of justice. Mistakes committed bonafide are human but if they are deliberate it must surely be made part of judicial misconduct. And these things are not uncommon. Pairvi and influence is a reality and I can demonstrate this through records.

 Therefore the appointment of judges should be made absolutely transparent by putting his or her candidature on website for intense public scrutiny. This is all the more imperative because of not only corruption but manipulation of inputs of public information by some manipulators posted in intelligence agencies. P.M.O  and law ministry.

 The working of the persons who have crept into the system through the above channel should be brought under constant monitoring to save the ordinary people of their vagaries and arbitrariness.

 The corrupt bureaucrats boastfully say that they have deliberately committed illegality, they have the govt. money to spend on uncalled for litigations and that they will be retired by the time the victim is able to get justice if he is fortunate enough.

 The above thinking is a reality today. So the nexus must be broken. In Bihar castism and corruption play itself big way.

Judges are the ultimate source of justice if they fail the entire system will collapse.

Next CIC must be a man of integrity.

We all are worried about the the next Chief Information Commissioner, having seen the track-record of the central govt. in choosing controversial persons for high statutory positions in recent times.
Wajahat Habibullah has transformed an innately fledgling institution  into a mature one in a very short time of its first five-year tenure. The CIC was able to fend off pressures from very strong arms of not only governance but also of the supreme court C.J's office. He was able to lay down the legal edifice with aplomb, wisdom, pragmatism and grits.
His replacement must not be docile, timid and partial.

Caste based census will damage India irreparably

Caste census ordered by the Centre is divisive, subversive, discriminatory and dangerous. It is bound to foment distrust, dissension and enmity across various castes. The self-seeking politicians have accentuated the caste-class divisions. Even after 64 years of independence we could not make India a casteless and classless nation. It is all the more a shame on the Communists who talk of classless society but are supporting it.

The Congress leadership is immature, fragile and eager to have truck with even the undesirable politicians for saving its govt. The leadership who is susceptible to blackmailers having been emboldened previously by their success to stall the Women’s reservation bill have again forced the govt. to order caste census.

 The corrupt, selfish and dodgy politicians have succeeded to escape CBI dragnet only because of the policy of quid pro quo pursued by the weakest leadership so far the country has ever had.

Moral Bereavement of UPA Government

Moral depravity has shown a tendency to magnify itself manifold over the years since independence. The present Man Mohan govt. has scored highest ever points by openly promoting corruption and encouraging corrupt ministers, politicians and bureaucrats without slightest sense of shame or hesitation.

Hugely unabashed loot of public money in commonwealth games, IPL games, incredulously stupendous amount of bribery in 2-G spectrum scam the magnitude of which goes into lakhs of crores among myriad of other sundry scams, the govt. begets every other day. Is it the price of coalition politics which the poor people are cursed to put up with.

It is correct that Supreme Court has no authority generally to go into questioning the policy decisions but how the P.M Man Mohan Singh can defy the Apex Court order of distributing the rotting cereals among the poor citizenry in a ‘welfare state’ on the votes of which the UPA is enjoying power.

The govt owes an explanation as to why no action is being taken against Pawar, Raja, Kalamady and others. Who let Quatrechy run away from a Latin American country despite alert by Interpol? 

 Earlier navin chawla was appointed as election commissioner, appointment of Chairman of NHRC is also uninspiring, Hansraj bhardwaj was given gubernatorial post, almost all appointments lack credibility.

But the appointment of Thomas the Ex-telecom secretary to Raja following indictment by CAG and being under scanner of CBI, despite strong opposition of the Leader of the Opposition, was hurriedly sworn in as CVC. The desperate opposition even requested the President to intervene but in vain.

Now we all are appalled at the brazenness of this govt. in going as far as institutionalizing corruption, promoting the corrupt and giving respectability to them. This is very dangerous trend as it will send out a sinister message to the country that

Bribe thrives with UPA. 

Do not try to downsize the saffron, love for nation is the only test

The dithering attitude of the Central govt. on the Enemy Property (Amendment and Validation) Bill  recently withdrawn from the Lok Sabha betrays its morbid approach. Its eyes are set only on votes of a particular segment.
The patriotic political parties must apply pressure on the govt. so that the upcoming legislation becomes a befitting counter to what is applicable in Pakistan. After all more people from west Punjab, Sindh and other parts like Peshawar left their property behind than those migrated to Pakistan from India.
Now after 64 years, if at all, the govt. feels to have a law on this then it must be fair and equitable and at par with that in Pakistan. Because the interests are intertwined.

Tibet under illegal control of China

In a tit for tat policy the govt. of India must start issuing stapled visas to Tibetans coming to India. Declare Tibet a country occupied by China.

Nehru messed up the issues. His diplomatic failures have been catastrophic. This fact must be recognised. 

The new generation should be made aware of the historic blunders of our leaders.

At the same point I must say that only leader who showed some determination and courage on international plane despite contemporary adversaries like the USA was none other than Indira Gandhi. Of course she had scant respect for democratic institutions. She was the only mard prime minister this country has ever produced.

India bereft of leaders with courage & determination

We do not need leaders who can not save minority Sikhs, Hindus and Jains (single Jain temple burnt down) in their own state J & K, who fear China((repeated incursions, nuclear help toPak etc.) and Pakistan (bleeding India),who can not tame Kashmiri separatists, who can not punish terrorists, who can sell their conscience for Muslim votes, who do not care about other minorities, who are involved in corruption, who raise absurd demands like salary for Imams.
Are we living in a theologian country like Saudi Arabia? Even Pakistan does not pay the Imams.
 Country-men beware of these traitors. Do not give votes to such people. They are not friends of the Muslims either. They foment dissensions, divisions and disunity in society so that they may enjoy powers and make money by looting the poor.

MPs' self indulgence at the cost of poor India

It has been very disgraceful for an institution like the Parliament that its members without scruple or compunction succeeded in augmenting their pay & perks in an insensitive and unabashed manner. Are they the true representatives of the majority of Indians who cover themselves in rags and live on crumbs? If the parties of Laloo, Mulayam, Mayavati or Soren spearheaded the pay-hike vociferous disorderliness on the floor and disrupted the parliamentary proceedings for self-aggrandizement it is comprehensible for obvious reasons. People of the country know these persons. But what about others belonging to JDU, Congress and some others. It is utter lack of accountability if not shamelessly immoral.

With  people starving, food grains rotting in Govt. godowns, prices of essential commodities escalating,  the politicians rejoice in scams, scandals,muddles and loot of public money. Then why need for extra money that is only a drop in the ocean (only about 5-lakh a month; if pay, office allowance, parliamentary allowances ,free accommodation, TA & DA, free air-rail passes for the couple, free meal & break fast, canteen facilities in parliament, almost free electricity and telephone-mobile bills, free best medical care and many more such allowances are consolidated in monetary terms.

Huge corruption in IPL games, Commonwealth games, NREG, MPs’ funds, questions for money and other means are there even then the greed and cravings?

lopsided appointment of judges in High courts

The day the Supreme Court in the Indra Sawhney case ruled 'caste' as 'class', caste became an indelible reality of policy-formulation by Union and state Governments.
And now the union govt. has ordered for a caste-based census, caste is no longer limited to governance but has become an inevitable social hard reality.
Therefore it is imperative that there must be a caste-balance in the appointment of judges also. Today the imbalance is more pronounced and palpable in the number of judges in Patna High Court. A particular upper caste group alone has more than 37% representation.
The Law Minister must take steps to make the system evenly representative in all respects. There is no dearth of meritorious and honest people in other social groups.
If Mr. Moiley is really serious to streamline the judiciary he should make it a policy matter to transfer at least 1/3rd of the judges to outside courts.
The effort should be to ensure that a democratic system of Indian polity works efficiently and without caste prejudices.

Extravagance in CAG organisation unpardonable

Apropos "CAG rebukes ONGC for 'unfruitful' expenditure" ET 6.8.10.

Please refer to my blog"CAG's statement against corruption in public life is encouraging". Here I would not comment much on 'unfruitful expenditure' in the IA & AD.  I cite an example asto how the official chamber of the Accountant General (A&E) Bihar Patna has got spruced up many times during the period from  2002 to 2010 at  very huge costs in sync with the aesthetic taste and liking of the AG Sahibs who have "ruled, ravaged and enjoyed" their fiefdom recklessly during the period.

Only recently the chamber has again been needlessly renovated, refurnished, re adorned and reequipped with costly ornates, ante-room fixtures & fittings, ACs and other costly items of luxury which even the erstwhile native rulers would not have enjoyed what the 'dignified clerks' of today's India are enjoying at the cost of public money.The dazzle and razzle of the imperial surroundings will blind human eyes. I call upon the CVC to visit the chamber and assess the expenses which may be more than Rs. fifteen lakhs. And I am cocksure that it is onlly a tip of the iceberg. More skeletons are bound to tumble out of the closet then.

This is the saga of Central Civil Service people in an impoverished and malnourished country where half of the population goes without food for one time of the day.

There is no word to denounce the extravagance.   

Killings under State-patronage is a gory crime condemn it

Politics on the fake encounters is getting raunchier. Congress party and its leaders have suddenly been writhing in pain at the encounter of the gangster and extortionist Sohrabuddin with only notion that they would garner some muslim votes.

I fully endorse the Supreme Court’s stance to order CBI inquiry into the above police encounter. At the same time it should also order CBI inquiry into the encounter of Hemchandra Pandey a journalist alongwith the  Maoist spokesperson Azad (as well as other Maoists after all they are not gangsters but ideological dissidents) killed in Andhra Pradesh. It should further go to order similar inquiry into the killings of hundreds of alleged Punjab militants during Congress rule (with KPS Gill leading the force).

Not only that, there should be an standing order that in the event of every such fake killing by state, a CBI inquiry be mandatory (whenever the family of the victim approaches state agencies).

Rule of Law can not differentiate between majority-minority or Congress- BJP.

The police must be professional and impartial and must have freedom to raid any temple, mosque, church or gurudwara and any basti or ghetto or shrine that acts as habitat for anti-national elements. The politicians playing communal politics for votes must be branded as traitors.

Otherwise tomorrow if daud is dead the whole party will be wailing.

CBI investigation against judges in PF case

  

The news “CBI indicts Supreme Court Ex-Judge,23 others in PF Scam” indicates only tip of the iceberg. I have been highlighting the dirt and slush since long. My blogs Law Minister act fast to save the system and Law Minister  fine tunes judicial system etc. are tiny steps in that direction. If a bureaucrat commits misconduct his actions are subject to scrutiny by various agencies including the judiciary. But an errant judge in harness is invincible. That is why despite several cases of misconducts no judge could be punished. We have only one or two instances when action could be taken only after their retirement.
Now the disturbing news is that the Centre is mulling to increase the retirement-age of judges without safeguards.

Indian diplomacy reduced to mockery-failure of govt. leadership

vijay kumar Sinha 

advocate

A few days back I wrote in my blog “P.M dont yeild ground to Pakistan” about repeated humiliating diplomatic fiascos while dealing with a rogue state like Pakistan. Why the Indian Prime Ministers are committing blunders one after another? Whenever misplaced generously has been shown to Pakistan, Indian leadership has been taken in. Why the Indian leadership is so naïve to the point of stupidity?
Why Manmohan Singh is so eager to engage Pakistan through dialogue at higher levels even when no national interests or purpose is served? Why the Indian efforts are ridiculed and jeered at by Pak-political puppets dancing to the tune of their master the Pak army?
Manmohan Singh’s efforts to thoughtlessly enter into dialogue with Pakistan lack pragmatism and shrewdness.
The solution is be tough, stop acting under US influence, stop unnecessary rail-bus communications to check infiltration, take back MFN status, talk only to Pak army the real power centre and rebuff the sham political leadership as they intend to derive legitimacy through Indian diplomatic negotiations, crush J&K disturbances and prosecute secessionist elements and lastly the tit for tat formula. The small country Israel should be a role model. Shun futile talks to placate domestic constituencies for votes.
At the same time I must support S.M.Krishna the Minister for External Affairs for his bold performance in Islamabad despite hamstrung by the weak govt. leadership.

Hindus persecuted,temples desecrated,houses ravaged in Pakistan

The news-item to day "pak Hindus attacked, evicted from their homes" published in a popular english daily has sddened me no bounds.

Has Manmohan Singh Govt. done any thing to take up the matter with Pakistan Govt. diplomatically or otherwise? Only a few months back a Pak Sikh was beheaded while another could save his life by paying huge ransom. A number of temples ravaged and land-plots encroached upon and, here the Union & State govts. are fortifying Kabristans on public money. Public money is also wasted on maintaining wakf boards.

We parted with a vast chunk of land in form of Pakistan and Bangladesh but the problem still remains a bleeding wound due to inapt handling by treacherous politicians who care vote-politics more than the national interests. Fake recommendations of fake committees like that headed by Sachchar and Rangnath Mishra are often debated and cited by the corrupt, dishonest and anti national politicians to high light so called wretched conditions of Muslims. But what about millions of naked- starving Hindus in India?

The sectarian politics was initiated by late Indira Gandhi which has become the main agenda of all the political parties. This is perilous and hazardous. It has become fashion to denounce every thing that relates to Hindus in order to be "secular and progressive".This is hypocrisy. It is therefore condemnable.

Only Indians can live in India.

Bihar villages making electricity from husks

It is great news that 120 villages of Bihar have extricated themselves from the curse of darkness by producing electricity from husks. The technology has been provided by a redoubtable team led by Gyanesh Pandey who has beeen working in Bihar having resigned a cushy job in the USA.

A great tribute to his grit, dedication and selflessness.

Leadership to be blamed for Kashmir inferno

Kashmir turmoil is ignited and fanned by the separatists like Mirwaiz Farooque, lone and Gilani. Why the Central and the state govts are treating them with kid gloves? Why did not they arrest and prosecute Mirwaiz when he met a Chinese official in POK? In fact these people hobnob with the foreigners quite frequently without proper permission. Why these jokers have been offered security by the govts on public money? Instead of punishing these traitors the govts are treating the central forces as a whipping boy. Now some of the separatists have been arrested belatedly. It is a very bad strategy. Had it been done much earlier the misguided youths would not have lost their lives. The leadership is to be blamed and nobody else. Dialogue sustains on strength and not timidity and cowardice. The arrested must be prosecuted for waging war against State. This will test the sincerity of the Union and J&K govts. both.

IDS Dhariwal unfit to act as quasi judicial authority

CAG TO ACT ON THE FOLLOWING

E-mailed23.12.08

To

The Dy. C.A.G of India
O/O C.A.G of India,
10, Bahadur Shah Zafar Marg,
New Delhi

Sub:- Non-Observance of Rules & Laws in decidingstatutory appeal dt. 12.05.08; and, inaccuracies & misleading findings inorder no. AG (A&E)/CC/PF/VKS/98dt. 11.12.08.


Charge- Not standing as witness in a disciplinary proceeding connected with two union leaders.
Punishments in the single proceeding-
1. Dismissal from service
2. Minor penalty of withholding two noncumulative increments awarded by order of Principal Accountant General. This order was cancelled by Accountant General Sri Dhariwal.
3. Compulsory retirement

Through- Accountant General (A&E) Bihar, Patna


Sir,

The order in the subject is unfair, unjust, illogical,incorrect, misleading, illegal and ridiculous

At the 1st page of his order the AG has reproduced some ofmy points but has miserably failed to assign any cogent and lawful reasons toeven them.

The entire records, I presume, rests with the CAG Office andtherefore I would discuss only the main irregularities in the order that toovery briefly as there are illegalities galore.

(1) In response to my note of argument under heading Lackof jurisdiction ShriDhariwal; the AG, rules at para 4.7 that Shri Imam heldregular charge of DAG(Admn) as on 02.05.08. Thisblatant lie is shocking andstunning. He contradicts himself by using words like "localarrangement" and "Shri Guha's ordering regular charge of DAG(Admn) toSri Imam". It is funny. The power vests with the Hqs.
(2) As regards misconduct as defined in Law in my note ofargument Shri Dhariwal could notestablish as to what office interests were damaged or what was catastrophic.He consciously left this very important point unanswered.

(3) The AG at para 4.6 of fhis order states that ShriP.K.Tiwary was not a (similar) witness. I enclose the letter no.SR.DAG(C) auditSectt-131 dt. 25.11.02 which debunks the untruth.

(4) At para 4.2 of his order the AG has in one stroke of penwiped out all the illegalities as put forth under caption Illegalities inthe Inquiry Report vide the note of argument (NOA).As far asSri L.P. Sriwastav as P.O is concerned, I have verified from whateverinformation available with me and admit that it was an error out of confusionas Sri Sriwastav was P.O in Sri C.D Singh's case and I was made a witness inthat case too. But what about the case-law regarding deposition of the P.O asclaimed by the disc. authority?

(5) The AG did not at all comment on page (3) 1st & 2ndpara of my NOA which contains court-ruling that declares unlawful the testimonyof the P.O (Sri Chinnam) in the inquiry. Moreover the AG himself at para4.2 ofhis order stated that there was "nil witnesses" then howcould the I.O. Sri Raj Kumar declare that his finding was based on "oralanddocumentary evidence both adduced before me"?

(6) The AG has here again chosen to keep mum on Violationof Procedure for holding ex-parte inquiry Rules 63 & 64, P&TManual III Swami CCS(CCA) Rules page 73-74, 2007edition.

(7) By admitting nil witnesses theAG has admitted para- 16& 17 page 3 of my appeal and has further admitted the violation ofRule-14(3)b and Rule-14(23)ii of the CCS(CCA) Rules as indicated at page 3 ofmy NOA. The AG with a vindictive attitude did not consider it.

(8) The AG did not comment on "no written brief by P.O.to charged official" of my NOA.

(9) The AG completely ignored the orders of the Hon'bleSupreme Court and Hon'ble High court as cited in the NOA as well as para-16page 3 of the appeal; and also that of Annexure-1 of the appeal.

(10) The AG here again ignored the Hon'ble Supreme Courtverdict which laid down principles of natural justice in (1999) 2SCC 10 andexplanation of Article 311(2) of the Constitution as detailed at page 4 of myNOA.

(11) In fact the AG did not at all consider any of thecase-laws cited in the NOA much against his own assurance communicated videSr. DAG(A)-86 dt. 24.10.08.

(12) The statement of the AG at para 4.8 in invertedcommas"….ceases to be member of the service" attributed to me is ablatant lie. The legal and factual positions are clearly stated at page 7 ofAnnexure-1 (or at page 13 starting from page 1 of the appeal dt.12.05.08) whichis part of the appeal

(13) The AG has not commented on vital issues raised by meagainst the partisan I.O. acting under the influence of the then AG; under theheading Partial conduct of the I.O of my NOA at page-4 below

(14) Any truthful, conscientious, fair, just, free andimpartial officer must have termed theinquiry report as perverse.. Hasthe AG any answer to the I.O's finding that as the"disciplinaryauthority felt Sri Sinha was guilty", non-action on my representation(enumerating therein problems like personal safety, subsistence allowance etc.)dt. 07.11.02 acknowledged by the I.O., use of word 'murder' five times eventhough my fair acquittal preceded the appointment of the I.O by more than sixmonths, 'oral and documentary evidence' etc.?

(15) The AG, the I.O. or the disciplinary authority neverassured my safety at the inquiry. The irony was that the disciplinary authoritySri Jaipuriar was himself informant of false police cases and Sri R.K. Vermaran personal enmity with me (a fact also underlined byHon'ble High Court )Under extraordinary circumstances operating then I had requested to tenderwritten testimony if allowed so there is no question of"insubordination."

(16) The AG has very conveniently chosen not to commentabout the 23 paras of the appeal (page 5 of the NOA) at all.

(17) The AG has not reasoned very vital issues of theViolation of Rule-14, GOI decision no. (2) 2 and that of Article 311 as citedin the NOA.

(18) I am aghast and appalled at the AG's perceptionand weird explanation of the order dt. 07.03.08 passed by disc. auth. followingmy dismissal being set aside by CAT. He very strangely does not acceptthat the suspension was continuous for 6 years. How could he belie the recordsof his own office?

(19) The AG has completely evaded the issues ofincontrovertible malafides as raised at page 6 of the NOA.

(20) The AG has failed to assign lawful reasons to any of theparas of the appeal.

(21) The AG is unable to cite reasons if the P&T orderno. 16 quoted by him at his para 4.1 applies in case of an employee alreadysuspended (in unconnected case) and that too under circumstances narratedabove.

(22) It appears AG has not gone into the restrictive orderof so called ban-lifting whereby Sri Jaipuriar had ordered me to go only to theinquiry room and back.

(23) Overnight I had become persona non grataduring Accountant general-ship of a controversial person; after my CRs beingadjudged outstanding.

(24) The AG has failed to state clearly whether CAT hasasked him to award punishment.

(25) The underlined observation of the AG '…..not acceptingpayment of subsistence allowance' is wrong. For which month did I refuse thepayment? The AG has also not considered the Hon'ble Supreme Court judgmentpassed in the case of Anwarun Nisha Khatun Vrs. State of Bihar, 2002 SCC(L&S) 961-para-9 as cited in Annexure-1 of the appeal.

(26) The incredulously grotesque finding of Sri I.D.S.Dhariwal that "he deserves the severest punishment" is a strongand indelible indicator that Sri I.D.S. Dhariwal can never discharge his dutyjustly, fairly and objectively as an officer in a quasi judicial function. Italso establishes that he nurses a deep sense of hatred & ill-will againstme.
If he thinks compulsory retirement is a lenient punishmentfor a laughable charge then what about charges of corruption, lack ofintegrity, moral turpitude, anti-national activities etc.?

A person with sadistic-cynic disposition and rejoicing inanother man's distress & suffering can be anything but a human being.

I, therefore, request you to hold an inquiry into theflip-flops, messing-ups, distortion of rules, law-breakings, and, takecorrective measures so that faith in Rule of Law of all especially thoseremaining outside the aura of wealth, influence and power; is reinforced.

Enclosed-Note of Argument

Yours Faithfully
Dr. Vijay Kumar Sinha



Note of Argument

(Appeal dated 12.05.08, under directions vide to Sr. DAG (A)-CC -86dt. 24.10.08)

I have filed the appeal dt.12.05.08 before the AccountantGeneral (A&E), Bihar Patna against the order A02.04.08 as Annexure-4.

Lack of Jurisdiction& Illegality- Recordsof CAG office confirm that Sri Faisal Imam Dy. Accountant General (A/Cs) &VLC held temporary charge (Additional charge) of DAG (Administration)on02.05.08. Thus Sri Imam Illegallyusurped the power of the Disciplinary Authority and violated the GOI orderno. (2) below rule-12 of CCS(CCA)Rules, 1965,GI,MHA O.M No. F.7/14/61-ESts.(A), dated the 24^th January, 1963 reported in Swamy’s –CCS(CCA)Rules, edition 2007 page-33 which clearly mandates Officersperformingcurrent duty of a post cannot exercise statutory powers under the rules.
Therefore on the point of the Error of Jurisdiction theorder dt. 02.05.08 is bound to be set aside at the first sight itself.

Misconduct as definedin Law-Para -12 & 13 at Page-2 & 3 of the appeal dt.12.05.08- ApexCourt Judgement in the case of Union of India and Others Vs. J. Ahmed, AIR 1979 SC 1022 and Hon’ble Division Bench Patna High CourtJudgement in the case of State of Bihar Vs. S.K. Vermareported in PLJR 2008 (2) page 37. “Misconduct” has an essential ingredient”catastrophic consequences”. The wordcatastrophic means by Oxford Dictionary “sudden happening that causes greatsuffering and destruction”. Even to this day the office-administrationhas not been able to come forth or prove either in terms of charges or inquiryas to what interests of the office was damaged.

The Hon’ble D.B has ruled ”disciplinary proceeding can only beinitiated when there is an allegation of misconduct ______” as defined above bythe

Hon’ble Court

.

The Annexure, havingtypes of cases meriting major penalty proceeding bearing no. DG,P&T letter no 6/19/72-Disc. Idt. 29.11.1972 which has been circulated by GOI, page 72-73 below Rule-14 & GID(!)Swamy’sCCA(CCS) Rules 2007 edition; stipulates6 categories and the ridiculous charge involving me is not there.

Thus the initiation of proceeding was an ill-motivated andillegal exercise.

Illegalities in theInquiry Report- Para -15, page-3 of the appeal dt. 12.05.08--- thePresenting officer was Sri Lalan pd. Srivastav who had himself lodged againstme four false 107- CrPC cases right from 2002 and one FIR of beating andsnatching RS.700/ from his pocket later investigated by police and foundfalse. Thus it is an established factthe P.O had enmity with me. In the firstplace it was illegal for the disciplinary authority and the Inquiry Officer(I.O) to allow him to assist the I.O as P.O.

A Division Bench of Hon’ble Patna High Court in the case ofShailendra Kumar Vs. Bihar StatePolution Control Board reported in the October 08 issue of PLJR -2008 (4) Page-212 has laid down “Departmental proceedings ---Person who assisted the enquiry officer inthe enquiry, also deposed himself asprosecution witness ---by obtaining such assistance, the enquiry officer vitiated the enquiryproceeding and everything done subsequent therto stands vitiated--- entireproceeding quashed”
The author of the order dt. 2.5.08 (compulsory retirement ) Sri Faisal Imam has himself stated thatthe oral evidence adduced before the I.O was that of the P.O.

Violation of procedurefor holding ex-parte inquiry-Rules 63&64, P&T manual 111swam’s CCS(CCA) Rules73-74, 2007 edn.

No list of witnessesfurnished –para-16& 17; page 3 of the appeal dr.12/05/08 and rule-14(3)b of CCS(CCA) Rules , Rule-14(23)!!

No written brief by theP.O. to charged official- Rule-14(25) mandates “P.O.’s written brief to besserved on the delinquent in the first instance.” It has been laid down by GI,MHA,(D.P7A.R),O.M.No.11012/18/77-Estt(A) dt.02/09/78. “The principles ofnatural justice demand that the delinquent officer should be served with a copythe written brief filed by the P.O. before he is called upon to file hiswritten brief.”

The fact is that I did not get any such brief of the P.O. noram I aware of such brief submitted to the authority.
No witness examined-In this ex-parte inquiry no witness was ever examined. Violation ofrule-14(3)b para -16 page 3 of the apppel. Case laws PLJR 2000(3) page10,Upendra Singh Vs. BSCLB AND 2002 SCC (L&S) Sher Bahadur Vs. Union of India,detailed in Annexture-1; page 6.
Hon’ble Supreme Court while defining reasonable opportunityunder Article 311(2) in the case of Kuldeep Singh Vs. Commissioner of Policeand others(1999) 2 SSC 10 ruled“reasonableopportunity contemplated by Art.311(2) means hearing in accordance with principals of natural justice –furtherheld, ascribing the non-production of witnesses, which was fault of thedepartment, to the delinquent showed that the enquiry officer was biased infavour of the department and found the delinquent guilty in so arbitrary mannerwhich showed that he was carrying out the command of some superior officer.”

The

Hon’ble Court

futher ruled “findings of misconduct arebased on no legal evidence and the conclusion is one to which no reasonable mancould come, the findings can be rejected as perverse.”

The Hon’ble Court concluded at para-42 of its order “The enquiry officer did not sit with an openmind to hold an impartial domestic enquiry which is an essential component ofthe principles of natural justice as also that of “reasonable opportunity” ,contemplated by Art. 311(2) .The bias in favour of the department had so badlyaffected the enquiry officer’s whole faculty of reasoning – he has acted soarbitrarily and has found the appellant guilty in such a coarse manner that itbecomes apparent that he was merely carrying out command from superior authority who perhaps directed “fix him up”–dismissal quashed –respondents directed to reinstate the appellant withal consequentialbenefits including all arrears of pay which shall be paid within three monthsfrom today”

Partial conduct of theI.O- stands proved by hisfalsehood at para 1.1,3^rd line, para 4.4,para 4.2 “excuse”, otherthings, “in view of the above facts Disciplinary authority felt Sri Sinha wasguilty”,para 6.1 use of “murder”, five times, narration of long IPC sections when my fair acquittal preceded the I.O;appointment itself by over 6 months.

Partial conduct ofDisciplinary authority- Informant of a police case against me, then authorof my dismissal order.

Violation of Article311(2) & Rule-14 ;GOI decision no. (29)-case-law AIR 1973 SC 1183, page 69 of Swami’s CCS(CCA) Rules 2007edition with reference to non consideration of my representation dt. 7.11.02 bythe I.O para (21)&(22) of this appeal.

Non-consideration ofpara (22) to (45) of Annexure-1- The authority below did not consider thepara (22) to (45) at all which hasresulted in prejudice and miscarriage of justice to me.

Malafides

Violation of Rule-14;GOI decision No. (2) 2 and denial of reasonable opportunity guaranteed by Art.311

It has been laid down by the above law “if, as a result of the inquiry, it is decided that the officer should bedismissed, removed or reduced in rank, he has to be given a further opportunity toshow cause, if any against the actualpunishment proposed Anything less then this would amount to denial of thereasonable opportunity which is guaranteed by Article- 311.

No such opportunity was granted to me either when I wasdismissed or again when compulsorily retired.

Violation of Rule-10sub rule (7), G.I Dept. of per.&Trg., O.M No. 11012/4/2007- Estt.(A), dated12^th July, 2007.

I was kept underprolonged, repeated and continuedsuspension for six years-Annexure-3&4 to this appeal

Non- Payment ofsubsistence allowance during suspension-para 26 (a) of the appeal underconsideration
Use of abusive & defamatory language by authorities- 2^ndpara of page 4 of the Annexure-1 to this appeal.

Slanderous & scandalous briefing of the press by the corruptofficers against their own employee (me)- Order No. 14/2-6/03-04-PCI,dt. 9.2.06 of the Press Council of Indiain my favour

Deliberate attempt toprevent from performing duty-suspended many times (Annexure-3,4&2) ofthe appeal. On setting aside of mydismissal by Court I submitted my joining on 11.2.08- not accepted ; when I requested for duty vide myrepresentation dt. 10.7.08 again not accepted.

The Annexure-4, thatis; my appeal dt. 2.4.08 is kept under suspended animation sothat when one ridiculous proceeding is set aside and her one is revived. Rule-9 of the CCS(pension) Rules, 1972 has been violated.

Role of AppellateAuthority-GOI order no (1), Rule15, AIR 1970 SC 1302-Hon’ble SupremeCourt has observed that recording of reasons insupport of a decision by a quasi-judicial authority is obligatory as it ensuresthat the decision is reached according to law and is not a result ofcaprice, whim or fancy or reached onground of policy or expediency.Thenecessity to record reasons is greater if the order is subject to appeal.

A Division bench of the Hon’ble Patna HighCourt in case of KOmal Tiwary Vs. State of Bihar 2008 (2) BBCJ page v-471 hasruled “An appeal is a forum of facts andtherefore, appellate authority is duty bound to examine all issues of facts andlaw- he cannot move on the crutchesof the inquiry report or the order ofdisciplinary authority.”


Therefore I appeal to you to kindly allow theappeal.

(Dr. Vijay Kumar Sinha)

Nitish under election mode

By and large Nitish has been a politician with lesser peccadilloes. Bihar has improved a lot due to his reasonably efficient rule. But lately perhaps he is as jittery and desperate as any other politicians and therefore on a mission to placate & win over groups vitally important (in his mind) for putting him back to power. A politician always errs and a politician errs absolutely while in power.

A controversial person who is known as guru of the alchemy of minting gold has been made chief of L.N.Mishra Institute of Business Management. Shocking beyond belief. Another manipulator retired IAS remained the director (of course appointed under corrupt Governor rule of But Singh) for a period more than 5 years i.e. surpassing the age of 65 years. He could be removed only when a question was raised in the assembly.

We don’t have dearth of honest people. But the problem is vote-politics. At the fag end of the tenure now every principle seems vulnerable to distortion and accommodation.

Govt. of India should not raise judges age

The Law Ministry's proposal to enhance the retirement-age of High Court Judges to 65 will create intractable problems unless the following steps are taken:-

1. doing away with the impeachment-procedures.

2.constitution of an independent body to inquire into charges of corruption, misconducts and incapacity.

3. establishing machinery for constant appraisal, evaluation and monitoring of performance.

4.dilution of powers of the collegium.

5.setting up judicial commission for all personnel matters.

Law Minister act fast to save the system

I have been following electronic and print media reports on the Bhopal gas tragedy. I find contradictions (viewed by many others also) in the statements of Justice Ahmadi. His role has been disastrous. Law minister Moilyi's criticism of judiciary will not suffice the purpose. It is an open secret that some judges are susceptible to influences for reasons unfolding more frequently in recent times. The Law Minister must bring legislations to save the system without losing time on the following counts:-

1. Absolute transparent Appointment of judges-restoration of original constitutional position.

2. Amendments regarding doing away with impeachment provision at all for all specified posts. Because in today's advanced age it has become anachronistic.

When this impractical immunity is not extended to Governor,top dignitaries, bureaucrats and some other constitutional post holders, there is no point in keeping this in the law book.

3. Constitution of Disciplinary committee having members of intelligentsia from press, academics,bar,judiciary and politics etc.

4.Evaluation at regular intervals.

5.Elaborate code of conducts aimed at strengthening integrity, impartiality and fairness.

6.Prompt action mechanism on public grievances

7. Rigorous pre-entry verification of conduct, character,skills and psychological aptitude-suitability.

8.Steps for programming of judgment-delivery system that ensures transparency and to fair extent predictability based on facts and law.

9. At least 33% of judges be transferred to outside high courts.

10. Amendment to Contempt of Court Act.

These are some of the points which may be acted upon.

I am sure if judiciary functions in a way which commands trust and respect of the poor people the rot in politics and bureaucracy can be checked effectively.

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The fifth columnist

Sheila Dixit reveals the role of S. Patil in protecting Afzal Guru the terrorist who attacked the most sacrosanct embodiment of democracy and the symbol of Indian sovereignty- the parliament. Should the person be called a traitor?

BCCI IS DISRESPECTFUL AND DISLOYAL TO NATION

BCCI's refusal to send Indian cricket team to ASIAD is a deliberate step perfidious to the nation. No words can condemn completely its anti-national actions. The players on its pay-roll can be allowed to have wine & women, orgies,fun,frenzy & frolics.It can allow them to swing their loins in clubs, and TV pro grammes, It can allow them to go unpunished in a restaurant-brawl where they had gone to celebrate their shameful defeat to Zimbabwe but can not allow them to represent India in Asian games. In fact the unstinted flow of money has so corrupted the office-bearers, players,selectors and promoters that now they can go any far to sell themselves.

If Manmohan singh has guts (running coalition govt.) he should order a comprehensive CBI inqiury in to the affairs of BCCI-IPL during past 10 years. An exhaustive audit should also be ordered to examine the accounts of not only the cricket sports bodies but the industrial houses, corporate-world, media,Ad channels and the individuals responsible for sponsoring and managing the cricket-marketing.

Role of Sharad pawar, Rajiv Shukla, Modi, Pataudi, Gavaskar, Shastri,Krisnakant, all the office-holders and the players must be inquired into.

All the politicians and officers manning sports-bodies must be sacked if sports in India has to be saved from doom. A nation of more than 1 billion people can not fetch a single Olympic medal-a real shame. The whole nation is seething in anger and indignation.

Maoists attacks on poor civilians reprehensible

Yesterday about a hundred innocent train passengers (second after Dantewara bus-killing) were maimed,mauled and killed by the Maoists most of them were poor-ordinary people. No doctrine or excuse can absolve them of this butchery.

I used to empathise with them for their fight against exploitation, injustice and lack of development but now I stand shocked and stunned.

The bottom-line is that the corrupt politicians, bureaucrats, constitutional post holders keep perpetuating the oppressive and exploitative system for their benefits.

So Maoists, if you are too cowardly to have a dent on the above category please spare the ordinary,poor and innocent citizens of your terrorist activities.

NATIONAL HUMAN RIGHTS COMMISSION a drain on public exchequer, an (un)necessary evil

Common people have a perception that in the event of violation of their human rights they would get justice from NHRC. If so, it is a gullible thinking. If a common man is pitted against influential, rich and powerful people then he is sure to invite ruin for his family and himself with all the organs of the democratic institutions careening towards the powerful.Of course there are some exceptions in form of some impartial institutions or individuals few and far between. My own case is a sad commentary on the functioning of administration, police, press and judiciary.

Before I got the first-hand ground level knowledge about how the administration,police, judiciary and the press work in our democracy I used to think of the infallibility of the system in a manner a high school student going into the words like Constitution, fundamental rights, constitutional remedies against violation of the rights, human rights, individual dignity and freedom etc.learn through his book of Civics in quite ingenuous manner with a sense of pride to his country. But after some years when he is left to fend for himself,finds this country into the hands of the corrupt mafia having cast its tentacles invariably over all the organs of the nation’s polity. The prevailing situation is that the rich and the mighty distribute among themselves the spoils of the system. I have noticed that the NHRC is eager to take up cases already highlighted by press and e-media.

It was first shock of my life when I was framed in a false murder case in a scheme hatched by some criminal minded IPS officers of Bihar.As soon as I received a copy of the F.I.R (Masrak P.S. case no. 152/99 in which a police officer became informant) the next very day I lodged a complaint with the NHRC on 14.7.99 by registered post. I was granted anticipatory bail by Hon’ble Patna High Court. I further apprised NHRC of the subsequent harassment,torture, illegal detention and police excesses through my registered letters.Some very senior IPS officers had figured in the complaints, and one of them was related to one of my younger brothers. I was dismayed by the fact that the NHRC neither acknowledged the complaints nor registered any case. When I contacted it I was informed that the complaints were not traceable.

Then once again I submitted a set of the photo-copies of the complaints with postal registration receipts accompanied by a fresh forwarding letter through special messenger at the counter of the NHRC New Delhi. The NHRC receipt section gave a receipt duly signed, sealed and dated 05.12.2000. Again the same story repeated itself. That set of the complaints was also traceless. Another registered complaint dated 24.3.03 met the same fate.

In the meantime these IPS officers influenced a highly controversial, corrupt and manipulative officer of the Indian audit & accounts Service and a member of Patna bureaucratic booze-circle to black-mail and harass me. The result was that I was dismissed from govt. service on a laughable charge of not standing as a witness five years back in a departmental inquiry related with two union leaders. When the CAT set aside the dismissal order I was again suspended from a date six years back.

Conspiracies were hatched at Patna golf club and posh hotels. People connected with administration, judiciary, police and press were managed. The audit & accounts service officer played the lead role. He influenced them by giving pay-slips, illegally enhancing pay & allowances etc. The dignitaries who do not get influenced were black-mailed through threat of highlighting excess payment in LTC, TA, MA etc. And thus all the organs of the democratic structure favoured the corrupt lawbreakers to a great extant. How I suffered silently is a detailed true saga of facts which a CBI like agency can unravel and I am sure the outcome will shock and stun the common people.

The perpetrating officers through their time-tested weapon of wine-dine and money managed the Press- core of Patna to defame me. Five news papers the Hindustan Times,Hindutan, Dainik Jagran, Aaj and Amrit Varsha were misused as a tool of oppression in the hands of the corrupt officers. These news papers published imaginary, filthy and scurrilous things about me. My character was damaged in the eye of society. Thus, for a considerable period of time I remained defenseless from all sides. That was a situation of helplessness, despondency and frustration; very agonizing and painful indeed.

The news papers never published my rejoinders which were supplied to them along with proofs.

I lodged a complaint against the above dailies with the Press Council of India. During hearing in my case no No. 14/2-6/03-04-PCI of the Press Council of India repeatedly asked the errant dailies to produce evidence in support of their reports but they could not produce a shred. They tendered their apology which was turned down by the PCI and me both. Rightly so, the damage had already been done deep and indelible. The trauma and loss of standing in society that included judiciary also has been at times excruciating and unbearable pang.

The PressCouncil of India gave a verdict in my favour vide its order no.14/2-6/03-04-PCI dated 9.2.06 and reprimanded the above errant Patnanews papers.

On the sidelines of the above, I was harassed and illegally detained at various police-stations of Patna.Four false, one sided Cr PC 107 proceedings were initiated against me by same person. In one such proceeding I was arrested at mid-night. I made an elaborate complaint against the DIG and the Accountant General, to the NHRC. This time NHRC registered a case no. 1277/4/2002-2003/OC and sought report from the SSP Patna within six weeks. No report was submitted until 2008 that too after the CIC deplored the attitude of the NHRC. The order of the CIC in my case no. CIC /OK/A / 2007/00588 on 10-9- 2007 is reproduced hereunder:-

“The PIO stated that there were no entries available in the computer of having received different complaints purportedly to have been sent by the appellant during 1999 to 2002.

The Commission heard both the sides and noted that basically this was not a case regarding seeking of any particular information by the appellant. The case actually relates to an incident of trespass byPolice authorities on private property, regarding which the appellant hadlodged a complaint with the National Human Rights Commission sometime in2002. During the hearing, the respondents admitted that they had not been able to decide the issue as yet. Although it is not the concern of this Commission to make any intervention in the affairs of the National Human Rights Commission, it does share the concern of the appellant that a case which may have possibilities of physical violence could not be settled even after 5 years. The only consolation seemed to be that according to the respondents, the case had made substantial progress, and that it was likely to be settled soon.”

The NHRC did not take any step even after the above harsh comment by the CIC. When I got no reply from it I filed a fresh application under RTI Act to know the status of the case. This time the CPIO of the NHRC informed me vide letter no.RTI/1210 dated 29.2.2008 that the NHRC has closed the case no.1277/4/2002-2003/OC citing an absolutely wrong reason that the case 152/99 (as stated above) was pending before a Chapra court. This finding was on the basis of a false report of S.P. Saran.

The fact is that I had already been fairly acquitted in the above case with stricture on police six years back i.e on 2.9.02 itself. Now I seek an explanation from the NHRC on following questions:-

1. When the NHRC denied the receipt of all the complaints sent to it by registered post as well as by hand delivery (as stated above) in respect of the Masrak PS case no.152/99 then how it decided the complaint that too on a false reason?

2. When a copy of judgement dated 2.9.02 was sent to NHRC under registered cover no.3169 dated 24.9.02 that is six years back then why did it ask the S.P. Saran to report status of case no. 152/99 in 2008?

3. How could NHRC decide the case no.1277/4/2002-2003 related with Patna police on the basis of the case 152/99 which related to Saran police which was never registered with it?

4. What action did the NHRC take against the Saran S.P for filing a false report to it? Any sessions court judgment of a criminal case first goes to police.

5. Why did the NHRC take five long years to close the case on non-existent ground?

6. Why did the CPIO of NHRC kept on prevaricating (letters in my possession) on the issue?

7. What action has been taken against the officers of NHRC who bungled the whole issue to benefit the law-breakers?

I do hope the NHRC will answer the above queries honestly as its very credibility in people’s eye is at stake.

When I moved the Hon’ble High Court by filing Cr.WJC no.1090/08 against the above outlandish finding of the NHRC I was only in for a greater shock When the Hon’ble judge dismissed the writ petition on 01.05.09 relying on the wrong reasons advanced by NHRC. The Court ruled that as the case Masrak PS case no.152/99 was pending before a Chapra court therefore the writ is dismissed. It was contrary to para-20,21 and 23 of the writ petition which was not denied by the respondent DGP.

The above High court order was bad in law as per rulings of the Apex court on two counts

1. The writ was dismissed summarily in about 5-6 lines

2. There was error apparent on the face of the records.

The Hon’ble Court did not take any cognizance of the counter affidavit filed on 22.01.09 on behalf of the DGP Bihar and my rejoinder thereto filed on 28.4.09.

I was shell-shocked. This was an order of a court whose constitutional duty is to protect the fundamental rights of the citizens.

Now I have lost war to the delight of the corrupt and manipulative officers. I now can not afford to go to the Apex court. I am fed-up and disgusted.

E-mail:  dr.vijaysinha@gmail.com