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Kumar Doab (FIN)     17 October 2011

Niacl pays 100 crore to corrupt officials

If this application is also pushed and pulled in various depts, without supplying any concrete info and action taken, it shall be appropriate to address the appeal to hon'ble PM praying for an action. Hon'ble PM and his counsel of ministers has assured the citizens that corrupt and corruption shall not be tolerated.



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 9 Replies

Kumar Doab (FIN)     17 October 2011

If this application is also pushed and pulled in various depts, without supplying any concrete info and action taken, it shall be appropriate to address the appeal to hon'ble PM praying for an action. Hon'ble PM and his counsel of ministers has assured the citizens that corrupt and corruption shall not be tolerated.

SURESH GODBOLE (ADVOCATE)     28 October 2011

It seems many Causes of Action have been jumbled up.  Pl reply these questions to reach some conclusion :-

    (i) How  Your Greivance falls under RTI . Do you want to say the payment of Salary to these chargesheeted persons are Corrupt Practices by the New India Assurance .  If they are working and getting their salary , how is it a waste . How will it be engulfed in RTI. RTI can be raised in cases where Public at large Interest is involved .

          You seem to argue that Public money is being wasted on Red handed caught persons who are corrupt.

           But there is a Service Law and Departmental proceedings under Disciplinary Law of Each Org . The Govt or Courts or the Deptt cannot ignore them .


            No one can be called Corrupt or a Theive unless proved Corrupt and punished by Deptt , Courts and till Apex Court.

             The Principle is the basic TENET of our Constitution which makes it brilliant.

             One does not know the circumstances under which a person had short cash or caught red handed while accepting bribe . Also whether the Fake Certificates were actually issued by the same person or not has to be proved .  There may be a group of persons who would have stage showed the ACT to malign the accused.

             Every person has a right to defend himself and cannot be Judged Guilty unless proven beyond doubt by a Court of Law and that too by the APEX COURT.

              The  system by which the Justice is delivered in a Time frame is the hallmark of the JAN LOK PAL which ANNA HAZARE IS FIGHTING FOR.

              (ii) What are the disciplinary Rules of New India stipulate with regard to the charge sheeted employees. Has the Departmental Proceedings been concluded . Because after six months or a year of Suspension the Suspended employee shall be paid Full salary(Basic Pay +) being subsistence allowance . 

                 And thus Deptts have now started  taking decisions to reinstate an employee rather than keep him suspended and giving him salary  without getting work .

               (iii) Generally Sealed cover procedure is adopted for chargesheeted employees and once the employee is acquitted of the charges , the sealed cover is opend and if found FIT is retrospectively promoted.

 

                 With regards ,

                 Suresh Godbole , 0-9929596546 , Jaipur

Kumar Doab (FIN)     31 October 2011

Learned Mr. Godbole has given valuable advice. Kindly follow it and send synopsis.

It is believed from the threads posted by Mr. Soni that although there is system in place the employee caught red handed has not been subjected to the set system and reason is collusion. The competent authorities have been time and again been informed however, no concrete action is initiated. It seems that, enough has happened to circumvent the process of law.

It also seems that since the complainant is not blue eyed boy of the management he is not being granted any relief and is being subjected to protracted harassment, litigation, with vindictive approach of zealous superiors with sole aim to tire him. 

As cited by Mr. Godbole, a crusader like Anna Hazare and social groups shall find this case fitting to be to be taken up.

However the facts, proofs, evidences collected in this case over period of time shall not go waste and court of law shall take considerate view in the ongoing legal battle.

Kumar Doab (FIN)     31 October 2011

If no concrete action is taken this time as well, you should submit a specific, pointed, concise, precise, appeal to PM ( rather than PMO's office) with all relevant attachments seeking justice.

This is heartfelt opinion, however kindly consult your lawyer and take a qualified decision.

What is the use of collecting so much of evidences and letting the offender escape.

SURESH GODBOLE (ADVOCATE)     31 October 2011

Who is the offender   ,   who will decide

Sometimes what you see and hear may not be a fact in totality

The judgement that a person is offender or not is decided by Deisciplinary Authority or the Honle Courts

Not Mr Soni

Every person has a right to be heard before pronouncing him Guilty

100Culprits may go scot free but the Innocent must not be punished

This is the Hallmark of our Constitution and Democracy  and each of us must be proud of it

It is not the Constitution to be blamed for having this BEAUTIFUL TENET

BUT THOSE WHO IMPLEMENT  IT ARE TO BE BLAMED

Mr Soni has done his duty

Its the implementation agencies to be blamed

Is Corruption of that level which attracts an FIR against the culprits

Mr Doab may be a better guide in this

Kumar Doab (FIN)     01 November 2011

The advice and valuable suggestion of esteemed experts/members is always revered and sought. The valuable advice of learned Mr. Godbole can set the direction for the querist.

The PMO, ministry of finance, etc. have been forwarding applications with comments like that you may get in touch with NIACL which is an independent authority under RTI act.

Although it can be believed thus PMO, ministry of finance, might have kept all docs, supplied by you in their file, they might not act on the same.

Point raised by you includes although investigating agencies like CBI have recommended corruption happened and action should be taken by company, but competent authority has not taken action. CVC has not initiated or concluded. The competent authority in place of initiating and concluding the matter just commented that the matter has been reported to HO and if the HO advices action shall be taken. Whereas the fact is that competent authority is duly empowered to take action. On the top of that as per your posts HO never acted. Evidently the competent authority and HO both have caused willful default.

Therefore a synopsis with relevant points, proofs, documents may be prepared and submitted pointing out that despite having brought all the facts in the knowledge of DGM(P), GM(P), Chairman in person, by emails, letters no one has acted and this is not possible without collusion. Kindly be specific, precise, and avoid emotional outbursts.

At the same time in case of employee who has been whistle blower, the entire corrupt one from top to bottom ganged and inflicted unjustified, most severe, extreme punishments, to keep him out of office.

PM, law minister, home minister has stated time and again that the corrupt and offender should not escape without punishment, and whistle blower should rather be honored. While in your case whistleblower is being victimized, and offenders are making mockery of law. Your fault seems to be that you have lifted the veil.

You have enough reasons to state to PM/President that all the offices made available to public, e.g. PMO, ministry, company and it’s highest and good offices etc have been approached by you time and again and you have exhausted all options before approaching PM/President.

If still nothing happens, a citizen has all the right to declare that the promises made by the highest and good offices are hollow and therefore he can go public, to expose.

This is heartfelt opinion. Kindly do consult your lawyer also.

VIJAYAKUMAR (Asst.Manager Lega)     01 November 2011

Nowadays the corporates are also one of the main reason for growing corruption.  Therefore an ironhand action should be taken against the corporates who bribe politicians and govt servants for their financial benefits.

 

VIJAY

1 Like

Kumar Doab (FIN)     01 November 2011

"No such  record is being maintained."

 

The querist had mentioned that CIC asked the corporates which info they want to keep out of the preview of RTI.

The corporates were too happy to inform that board room meetings etc since if they disclose they shall not remain competitive, and CIC was happy to oblige. The corporates now keep sensitive info which can expose corruption out of the reach of public and PIO. Majority of the RTI applications are turned down stating "no record is being maintained."

Lee Iacocca (The man who made what Ford is today and turned around bankrupt Chrysler Corp. after a zealous Junior Ford terminated him fearing that Lee is too popular in company/industry/trade and is a threat to him) in his auto biography- which is a must read- has written that in board meetings of Chrysler he saw bored, uninterested, uninspiring, arm chair directors were not making any notes and when he confronted them they started taking notes on the back of envelopes in which company mail was received.

"No such record is being maintained."

Chrysler was in competitive and had an army of tea/coffee guzzlers who shall shamelessly remain on board, and use all privileges despite the fact that company was nearing bankruptcy.

Lee made it mandatory to maintain all record and let competitor know what they are doing, and turned around a bankrupt company under federal debt and Chrysler was never in loss again.

NIACL is in loss and they want to hide everything. They do not want to punish the corrupt and eradicate corruption. They want to keep whistleblower out of office so that they can retire peacefully with all benefits and tire and dump the whistleblower in courts till then.

Lee is not available and not interested to be hired again. He is happy with his highly profitable Olives business.

NIACL’s CMD has been suspended due to charges of high end corruption. Let us see new CMD is alike of Lee or…..and he makes a loss making NIACL a ……….making corporation or ………..making corporation.

Mr. Soni kindly consider sending this book as a gift to ……….

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Someopne advises you to appeal to PM and you send RTI request to PMO.  You do not appear to be in any mood whatsoever to listen to any useful advise given by Mr Suresh Godbole.

You have just hear about RTI and do not understand that is only a tool to get information and is no mandate to request Govt to do or undo something.

RTI Act also has nothing to do with your reduction to lower post.  it is only court which can give you relief.


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