Thursday, 15 February 2018

MIRACLES ARE HAPPENING IN ED AND CBI OFFICES

If it is not a miracle then what? Each time only after the money laundering accused people were left the country, Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) start their swooping action-action-action. We are already acquainted with such actions, one in the ongoing case of Kingfisher scam and now the Punjab National Bank (PNB) scam. Whether these cases are mere coincidences, or a deliberate silence to facilitate them to escape from the scene and to make the public fools, that to when the present Government is affirming and telling every now and then “My Government is corruption free”? If these two assumptions are not the case, then definitely it could be the miracles happened because those accused persons are devotees of some supernatural power and they came to their rescue by making these agencies unconscious till they left the country.

Apart from this, the statement of the PNB Managing Director’s statement could be believed to the effect that the Rs.11,300 crore scam had already been started way back from the year 2011, that too without their knowledge and even a suspicion and these lower grade persons were running such a huge scam, then the next assumption is that there is no need for such people in the higher places and the bank will go on and on without their presence. Then why to feed these people?

Then comes the next very important entity who is also not aware of these happenings is the Chartered Accountant who certified the accounts of the Bank for all these years without any hint at any stage.

(To read free part of the book "A FRAUD IN THE INDIAN CONSTITUTION" go inside :-http://www.amazon.in/FRAUD-INDIAN-CONSTITUTION-M-P-JOSEPH-ebook/dp/B00SQKTADY/)

Somehow they got two scapegoats to absolve from all the responsibilities and liabilities. Why to worry about responsibility and liability, when there is public to make up these unwarranted NPA losses through the taxes and penalty on shortage of minimum balance in the bank accounts thrust upon them by the Government during the Demonetization?


Friday, 2 February 2018

UNION BUDGET: A SCREENPLAY FOR CHILDREN’S FAIRY CARTOON SERIAL

I was watching the TV on the budget day awaiting for an announcement from the Finance Minister of the much delayed Rs.15,00,000/- offer to each bank account holders at least at the fag end of the term of the present Government. Not only that, I was also making my own budget as to how I could spend it. But to my shock what I heard is the announcement of a much more sugar coated scheme. It is nothing other than the announcement of the Rs. 5 lakh health scheme for the 10 crore poor and vulnerable families in the country with a population of 50 crore out of the approximate total of 125 crores. It is nicknamed as the “world’s largest government funded health care programme” may be with an eye on the Guinness/Limca book entry. It looks to me as a fairy tale when I made a rough calculation.

Suppose, the 10 crore families utilise the Rs.5 lakh assistance, the total would come to Rs.50 lakh crores. Even if only half the number of families avail the facility, total expenditure would be Rs.25 lakh crores. Against this, what the Finance Minister had said in para 59 of the budget speech that, “Adequate funds will be provided for smooth implementation of this programme”. From where? From the estimated total estimated revenue receipt for the financial yearRs.1725738 crore? (see attachment).Or by deducting it from the crores and crores black money expected from the Swiss Bank? Then what about the 15 lakh? Or this scheme is also an election promise to be ignored?      (Visit my HOME PAGE: www.manjaly.net ) 



Friday, 12 January 2018

SUPREME COURT JUDGES BEFORE THE PEOPLE's COURT

When four of Senior Judges of the Supreme Court has taken the step of going to the press, it is very clear that there is a very serious issue which they could not solve otherwise. But what the four judges of the Supreme Court has done now, I had already done years back in another Constitutional body namely the COMPTROLLER AND AUDITOR GENERAL OF INDIA when I was working there. I wrote a letter to the CAG stating many malpractices in the Department. But there was no result. On the contrary because of this I was haunted by the department. But I had also not given up. I had also retorted and finally department surrendered. since I had no access to the press as they have now, I took voluntary retirement and wrote a book namely, A FRAUD IN THE INDIAN CONSTITUTION, on the issue and published. The letter I had written to the CAG is verbatim given in chapter 5 of the book. In chapter 11 malpractices are explained. After all, the result of the 2G scam case based on the CAG Report is before the people of India.

To read free part of my book, go to the following link and go to ‘look inside’: https://www.amazon.in/FRAUD-INDIAN-CONSTITUTION-M-P-JOSEPH-ebook/dp/B00SQKTADY 

Wednesday, 27 December 2017

SUPREME COURT JUDGEMENT APPLICABLE TO ALL RELIGIONS: DONATION AND APPROPRIATION


The case was related to a development cum sale transaction of the B.C. Batliwala Agiary Trust (Parsee Temple) by an agreement with M/s. Astral Enterprises. Though the case was related to Parsee trust, the ratio of the judgement is equally applicable to Hindu, Muslim, Christian, etc religious trusts getting huge donations from their followers as well as outsiders.

By a development agreement made by the Trustees of of B.C.Batliwala Agiari Trust, the temple (Agiary) would be renovated and 33% of the built-up area would be given out of balance F.S.I.  In addition, a sum of Rs.2,95,00,000/- as sale consideration was received by the Trustees from the Developers. The appellant Cyrus Rustom Patel filed writ application in the High Court of Bombay.  The High Court dismissed the same, mainly, on the ground of delay, as petitioner was aware of the transaction w.e.f. the year 2003.  The High Court has observed that offer made by another deloper in respect of sale transaction of an amount of Rs.55 crores was not proper.  It was to acquire property rights on a freehold basis and not in the form where the setback line runs through the Sanctum Sanctorum.  The High Court opined that offer may have been tempting, but could not be said to be genuine. HC also taken into account of the delay in filing the Writ Petition.

[To read free part of my book detailing my fight against corruption and scams while I was in central gov service ‘A FRAUD IN THE INDIAN CONSTITUTION’ go to the below link and click “LOOK INSIDE” button: 
The Supreme Court has mentioned in the judgement that, it had directed a number of times in its judgements that sale of trust property, which is like public property, if at all necessary, is not permissible by way of private negotiations; could be done only in exceptional circumstances, for reasons to be recorded.  There was no exceptional circumstance, no urgency to throw away the valuable property of the trust, which was derogatory to its interest and would have defeated the very object of the creation of the trust for the preservation and protection of religion and Parsi culture. The joint venture development was not an intended transaction; sale option was mentioned dubiously in the agreement; same indicated that transaction was not bonafide. It was a cloak or a device adopted by the Trust so as to sell the property, and the transaction could not be said to be in the interest and benefit of the trust at all.  Apart from that, there was a clause for sale, and lease of 999 years would also tantamount to a sale, and admittedly sale option had been exercised.

The Supreme Court further stated that the High Court had also failed to consider the various aspects, and had rejected the petition mainly on the basis of the delay, that was not very material in the facts, as no development had taken place. When such a prime and valuable public property was involved, the aforesaid delay could not be said to be fatal in the facts and circumstances of the case. The High Court has also not looked into the market value of the property and has dismissed the writ application on untenable and flimsy grounds. The Supreme Court also stated that considering the value of the property and the arguments made on behalf of the trustees, they were of the view that the trustees were not up to the task of protecting the interest of the trust, and clearly colluded with the developer while entering into such an agreement for development-cum-sale. Stating this, the order passed by the Charity Commissioner as well as by the High Court were set aside.  The appeal was allowed by imposing cost Rs.1,00,000/- to be deposited by the developer with the Supreme Court Advocates Bar Association Welfare Fund. (Ref:- Supreme court Jud g m e n t dated 21-9-2017 CIVIL APPEAL NO.1745 of 2010). 
For more about my activities, go to my home page: www.manjaly.net  

Thursday, 21 December 2017

CAG REPORT ON 2G SCAM AND THE OUTCOME OF THE COURT CASE

What happened to the CBI case on 2G scam? What for political colour was given to it? Whether the audit reports submitted by the CAG in the Indian Parliament and the State Legislatures are reliable? Or is it a bundle of fictions stitched together in the form of a magazine? Why CAG audit report on 2G scam & COALGATE scam came after 20 years of its starting - that too covering only 5 years? What CAG was doing all these years? Or whether the CAG and the Ministries are fooling the Nation through their hand in glove action? This book is my own story - fighting against corruption/scams throughout my service more than 30 years. Quit the job to publish this book to expose the scams and the hurdles I faced while in service in the Indian Audit and Accounts Department headed by the CAG as a reaction to my fight. For more details: 

Also visit home page: www.manjaly.net 

Saturday, 26 August 2017

DEMONETIZATION - THE BIGGEST SCAM OF INDIA

In less than 3 months, WE THE PEOPLE OF INDIA are going to celebrate the 1st anniversary of the demonetization of Rs.500/- & Rs.1000/- currency notes. Many mega claims of deposit of demonetized currency such as, “these much lakh crores” etc. were made by the Prime Minister, Finance Minister, etc. right from the day one of the demonetization. However, the erudite and efficient RBI Governor on 12-7-2017 made a statement to the Parliamentary Committee that the demonetised notes deposited after the demonetisation was still being counted. This revelation prima facie go against the huge claims of the Prime Minister and others about the deposit received on account of the demonetization. Whether it means, Government of India is running the business without any knowledge of the money in its account. These are the old currency already replaced either by new currency or by crediting the value in the accounts of the respective depositors. So there are two ways to calculate the amount, either what is received or what is paid. So who is telling lies to the Parliament, Governor of Reserve Bank of India or the Prime Minister/Finance Minister of India? If so for what purpose?

The main issue projected by RBI for not releasing the final figure of demonetization is non completion of counting of currency. It is only a lame excuse and with a purpose to divert attention. Money is already collected by the banks by counting and equal amount is also credited to the respective individual account or returned in cash. Here only a reconciliation problem may occur. But in this digital era, that much time is not required for reconciliation.

Therefore, the real issue could be to accommodate black money of big sharks. It can also be corroborated with the recent incidents of seizure of demonetized currency in bulk while in transit. What for these demonetized notes are being transported? To be sold as waste paper? It is being transported with a clear purpose. The more possible purpose could be to put it into the account through back door at higher level to avoid notice because at lower level it would be leaked out and the names of big sharks would be out. If the account is closed and final figure is out, this plan could not be executed. Therefore, there is possibility that this could be the biggest scam of India.

If the claim of the RBI that the money deposited till the end of December2016/March2017 is not yet counted is accepted, then the financial accuracy of the budget and appropriation is at risk similar to the fodder scam and security scam went on without notice for a long time due to lack of timely reconciliation of accounts.

A similar exercise done earlier was during the previous Government is elaborately described in chapter 4 of my book “A FRAUD IN THE INDIAN CONSTITUTION” of which a copy is available with the Finance Ministry : http://www.publiccause.manjaly.net/2016/09/list-of-complimentary-copies-of-my-book.html 

In this regard, my earlier blogs listed below may also be referred to:
    1. http://www.publiccause.manjaly.net/2017/07/demonetisation-effect.html
    2. http://www.publiccause.manjaly.net/2016/12/pm-address-to-nation.html
    3. http://www.publiccause.manjaly.net/2016/12/failure-of-currency-demonetisation.html
    4. http://www.publiccause.manjaly.net/2016/11/religious-places-can-be-misused-to-make.html
    5. http://www.publiccause.manjaly.net/2016/12/new-corruption-bill.html