Monday, 2 April 2018

" A FRAUD IN THE INDIAN CONSTITUTION" - REAL INSIDER STORY OF SCAMS



A FRAUD IN THE INDIAN CONSTITUTION
STORY REVEALED BY EX-IA & AD OFFICER
(PART II OF THE BOOK IS GOING TO BE RELEASED SHORTLY)

The book is in the form of an autobiography/memoirs of the author, who is a voluntarily retired official, ahead of more than 5 years from his regular retirement, from the INDIAN AUDIT AND ACCOUNTS DEPARTMENT (IA&AD) headed by the COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) as Senior Audit Officer. The very purpose of his premature retirement was to write this book intended to give the public a true picture of a constitutional institution namely the Comptroller and Auditor General of India commonly known as CAG – i.e., how this institution is being misused by itself, by the Government Officials, by the Politicians and other interested parties to whitewash their scams. This is quite contrary to the image what is projected in the minds of the public through public media instigated by these interested parties to achieve their own selfish goals. This book is a real insider story from his own experience when he worked in various position in the Audit Department responsible to audit others departments and organisations.
The part I of the book starts with the Heading “CAG NOT EVEN AN ACCOUNTANT”. 
From the 2nd chapter onwards the author is unfurling his experiences in the audit side in support of the title of the book, starting with a quote from a decision of the Supreme Court of India while
dismissing a Public Interest Litigation (PIL) based on an audit objection (Draft Para) reported by the CAG in his Audit Report submitted to the Parliament. Thereafter he narrates from his own experience how the CAG manipulates the Audit Report.
From chapter 6 to 10 he narrates how he was harassed by the administration for fighting against this kind of audit manipulations. To keep the originality of the incidents, he kept the original correspondence from the charge sheet till the decision of the review petition to the CAG of India. He also narrates how he continued with further exposure of Audit Scam undeterred with the action taken by the administration against him.
In part III captioned with ‘after crucifixion and resurrection’ he narrates how he started applying the tools under the ‘RIGHT TO INFORMATION ACT 2005’ to fix the CAG and the Ministry who played drama to fool the Nation by submitting inflated and fake audit paras/objections (Draft Para).

The book is ending with, “Is it not both CAG and the Ministry is fooling the Parliament and thus the people of India? Now it is for the Public Accounts Committee (PAC) of the Parliament to tell the Public what they are doing with these kinds of audit objections and replies brought before them” by the auditor CAG and the auditee Ministries.
For further details and purchase, go to the following links:
1) In the below link you can read free part of the book:
https://www.amazon.in/FRAUD-INDIAN-CONSTITUTION-M-PJOSEPHebook/dp/B00SQKTADY 
2) Facebook page of the book:
https://www.facebook.com/afraudintheindianconstitution/
3) Home page of the Author:
www.manjaly.net

Monday, 26 February 2018

TOILET OR FOOD: स्वच्छ भारत अभियान‎: MURDER OF AN ADIVASI YOUTH IN KERALA - ടോയ്ലറ്റോ ഭക്ഷണമോ: കേരളത്തിലെ ആദിവാസി യുവാവിന്‍റെ കൊലപാതകം

The death of an Adivasi/tribal youth who died recently in Kerala as a result of mob beating for allegedly stealing food is bringing back my memories to the age old French novel Les Miserables written by Victor Hugo. The story of a boy who took a loaf of bread and thereafter branded as a thief during his life time.  More than that, what is saddened me is the uproar of a public personality in a public meeting recently in Kerala to the effect that he was instrumental in constructing toilets in Adivasi/Tribal areas and made mocking remarks at those who had made adverse remarks against the Prime Minister’s  Swachh Bharat Abhiyan like ‘food first and then toilet’ through social media. 

It also brings back to my memory to the outburst of a Bombay High Court division bench while hearing a public interest litigation on malnutrition deaths as reported by the Times of India, ‘MUMBAI: The Bombay high court on Wednesday lambasted the state government for its "complete apathy" and "criminal negligence" that has lead to worsening malnutrition deaths in tribal areas of Maharashtra's eleven districts, including Palghar, close to Mumbai. "This is shocking," remarked a bench of Justice Vidyasagar Kanade and Justice Swapna Joshi when told by advocate appearing for petitioner Kasturba Adivasi Mahila Sangh, that nearly 18,000 children have died in the state during 2015-2016 financial year itself.’


As a reply to the mocking remark of that famous public personality, I reiterate that the primary responsibility of the Government should be to ensure food for the poor and then only rest of the things like toilet, etc. Again time will only vouch for genuineness of the Abhiyan whether it is only in paper like many other schemes and a future toilet scam.

(Also read my book "A FRAUD IN THE INDIAN CONSTITUTION"on scams and malpractices in public administration from own experience:- http://www.amazon.in/FRAUD-INDIAN-CONSTITUTION-M-P-JOSEPH-ebook/dp/B00SQKTADY/ 

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