'A FRAUD IN THE INDIAN CONSTITUTION' - A BOOK ON ROTTEN PUBLIC ADMINISTRATION AND MY AUTOBIOGRAPHY

Living in an ocean of corruption and scams and fighting against it alone at the risk of dismissal and other actions. Crucified by the system followed by resurrection. This is my real life story – a true story of an ex- senior audit officer of the Indian Audit and Accounts Department headed by the CAG of India. It contains my Anti-Corruption activities and fight against many malpractices prevailing in the CAG department as also in other departments. It also reveals the reactions from the department like disciplinary actions etc. against me and how I fought it and continued with the rebellion unabated. The main aim of this book is to give inspiration to others whom I had heard saying, "corruption is everywhere, it is an unavoidable evil of underdeveloped countries and what we can do?" The book is also aimed at revealing the truth to the public who treat CAG as an incarnation of god, but in reality it is not god but a FRAUD as is the name of the book indicates. It is also an attempt to show that what is submitted to the Parliament and the State Legislatures by the name 'CAG AUDIT REPORT' is full of fake and imaginary audit objections and genuine objections are not reported except in circumstances detailed in the book. It also reveals why the coalgate scam, 2g scam etc., came to light only after decades of its occurrences.

Part I of the book starts with the heading 'CAG NOT EVEN AN ACCOUNTANT'. Then a very interesting historical incident from my own experience is unfolded to establish that cag is not even an accountant.  From the 2nd chapter onward 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. Finally, chapter 14 of 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". 

CONTENTS

PART - I CAG NOT EVEN AN ACCOUNTANT

CHAPTER 1    THE IAAD WORKING CULTURE  

CHAPTER 2    AN INTRODUCTION TO CAG AUDIT         

CHAPTER 3    AUDIT - EARLY EXPERIENCE        

PART – II FENCE EATING THE CROP         

CHAPTER 4     THE NOTORIOUS (black) GOLD BOND SCHEME  

CHAPTER 5     CAG - A TOTAL LIABILITY TO THE NATION             

CHAPTER 6    WHISTLE BLOWER CHARGE SHEETED      

CHAPTER 7    THE REPLY TO THE MEMORANDUM/CHARGE SHEET        

CHAPTER 8    THE PUNISHMENT ORDER AND APPEAL AGAINST IT        

CHAPTER 9    FURTHER EXPOSURE OF THE AUDIT SCAM           

CHAPTER 10   APPEAL ORDER AND THE REVIEW PETITION TO CAG        

PART – III AFTER CRUCIFIXION AND RESURRECTION       

CHAPTER 11   THE CORRUPT AND UNETHICAL ADMINISTRATIVE MACHINERY 

CHAPTER 12   CROSS EXAMINATION OF CAG THROUGH RTI APPLICATION        

CHAPTER 13   CROSS EXAMINATION OF THE MINISTRY THROUGH RTI APPLICATION    

CHAPTER 14   LATEST UPDATE ON BOGUS DRAFT PARA

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Swachh Bharat Abhiyaan - स्वच्छ भारत अभियान‎ a cheap publicity?

The Swachh Bharat Abhiyaan - स्वच्छ भारत अभियान is going at a speed along with 'giving up gas subsidy'. In this connection one of my recent comment/reply in the Economic Times is attached herewith. It is self explanatory of my idea that it is a cheap publicity for diverting attention from main issues. After 20-25 years, there will be a CAG audit objection on this scheme similar to 2G/Coalgate scams surfaced after about 20 years (Ref: my book 'A FRAUD IN THE INDIAN CONSTITUTION). 

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New and Old Gold Bond Scheme - How the ordinary

Now the Government/RBI announced the New Gold bond scheme. But anybody know what happened to the previous Gold bond scheme? It was an additional burden on the people of India. Poor people had to pay various taxes like Excise Duty, etc. to cover the interest paid to the gold bond holder for almost half of the period of five year bond period for which Government could not use the gold. To know more, read my book, "A fraud in the Indian Constitution".  Also see my comment in the Economic Times:

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MAKE THE FUNCTIONING OF THE SUPREME COURT's COLLEGIUM SYSTEM MORE TRANSPARENT +

The proposal of the Government "The criteria for selection of judges to the higher judiciary should be spelt out and must be part of the memorandum of procedure and put up on the websites of the apex court and high courts to make the functioning of the Supreme Court's collegium system more transparent" is a welcome move. But this should also be applied to selection of candidates for election, appointment of Governors, appointments of heads of Constitutional bodies etc. so that people should know on what credentials they are being selected and no other better persons available in India among the over 120 crore people.

my comment in times of india

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WHETHER SUPREME COURT CONSENT SHOULD BE TAKEN BY THE PRIME MINISTER IN SELECTING HIS COUNCIL OF MINISTERS?

Please do not forget Indian Legislature is a creation of the Constitution. All three wings of Government be it executive, judiciary or legislature, be it State or Union all are equal in their sphere. Separation of power of these three wings are the basic structure of the Indian Constitution. Whether any Political Party would agree if the court is interfering in the selection of the prime minister. Or do they agree to a proposal that Supreme Court should be consulted (with veto power) by the Prime Minister in selecting his Council of Ministers or Secretaries of the Departments? Similarly whether the legislature would agree to a proposal that Court's consent should be obtained for the election of the Speaker? Court is only interpreting the power and the competence of the Legislature and if they are not competent it, the law passed by them is declared as null and void. Is it not Supreme Court’s power of interpretation? To this extent I do not agree with the statement of the Finance Minister.

SEE THE ORIGINAL COMMENT BELOW:

Times of India comment on 19-10-2015

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My comment in Times of India agreeing with RSS Chief's Statement on Hindu development

I quoted below the portion of my comment in the Times of India which is self explanatory. Though I agreed with his idea of development, I disagreed with the stories he quoted as they are out of place. See my comments below:

''I don't think what the RSS Chief Shri Mohan Bhagwat had said as reported, "When 121 crore people will become strong and dedicatedly work for setting examples of goodness, India will become strong and it will bring peace and happiness in the world" is wrong. 121 crore, I think would include all sections of the society. But his sample stories are out of place. I don't think the Brahmin was so foolish to hand over the calf to the three shrewd people on simply hearing that what he was carrying was not a calf but a pup. Don't forget the Mahabharata example of Dronacharya and Eklavya and the incident behind the Onam celebration of Mahabali and Vamana. In both these incidents, innocent and efficient people were deceived to promote the inefficient. Still we instituted National award in the name of Dronacharya to honour him who had set a very bad example for the whole teaching community. This is also being continued today. Some brilliant people were suppressed to promote the inefficient not only in education, but in all fields.''

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GOI-DOPT HAS NOW PRESCRIBED THE FORMAT FOR GIVING INFORMATION TO THE APPLICANTS UNDER THE RTI ACT,2005

GOI/DOPT vide Office Memorandum No. 10/1/2013-IR dated 06-10-2015 has now prescribed the format for giving information to the applicants under the RTI Act,2005. Accordingly, the reply should contain the following details:

“(i) RTI application number, date and date of its receipt in the public authority.

(ii) The name, designation, official telephone number and email ID of the CPIO.

(iii) In case the information requested for is denied, detailed reasons for denial quoting

the relevant sections of the RTI Act should be clearly mentioned.

(iv) In case the information pertains to other public authority and the application is

transferred under section 6(3) of the RTI Act, details of the public authority to

whom the application is transferred should be given.

(v) In the concluding para of the reply, it should be clearly mentioned that the First

Appeal, if any, against the reply of the CPIO may be made to the First Appellate

Authority within 30 days of receipt of reply of CPIO.

(vi) The name, designation, address, official telephone number and e-mail ID of the

First Appellate Authority should also be clearly mentioned.”

Additionally, wherever the applicant has requested for 'certified copies' of the

documents or records, the CPIO should endorse on the document "True copy of the

document/record supplied under RTI Act", sign the document with date, above a seal

containing name of the officer, CPIO and name of public authority; in the following format:

“True copy of the document/record supplied under RTI Act.

Sd/-

Date

(Name of the Officer)

CPIO

(Name of the Public Authority)”

It is also mentioned that, in case the documents to be certified and supplied is large in number, information on RTI application should be supplied by a designated PIO but the certification of the documents, if need be, could be done by another junior gazetted officer.

COMPENSATION TO HIT AND RUN ROAD ACCIDENT VICTIMS WHEN VEHICLE DETAILS ARE NOT KNOWN

The main reason for this post aroused while I was watching a live question answer programme on a famous tv channel on the subject of compensation for hit and run accident case. I felt that the answer given by an expert legal consultant in the subject (as claimed) that there is no provision to claim compensation in a case of hit and run road accident case where details of vehicle are not know is not correct. What he told in the programme was that the claim tribunal would reject the case if the details of the vehicle is not known. It is only half truth. There is a provision in Section 161 of the Motor Vehicles Act, 1988 to cover such cases. But the procedure is different.

This Section provides for payment of compensation as follows:

If the hit and run motor accident resulted in the death of any person a fixed sum of Rs.25,000/-.

If the hit and run motor accident resulted in grievous hurt to any person a fixed sum of Rs.12,500/-.

I feel that this amount is very nominal particularly when the treatment expenses are concerned.

Again, this amount is refundable if any other compensation is received in the normal course for the same accident.

THE PROCEDURE TO CLAIM:

“The victim of the “hit-and-run” vehicle or his legal representative shall make an application to the Claim Enquiry Officer in each Taluka.  After due enquiries, the Claims Enquiry Officer will submit a report together with certificate of post mortem or injury certificate to the claims settlement commissioner who will either the District Collector or the Deputy Commissioner at the District level.  He will process the claims and sanction the payment within 15 days from the receipt of report from Claim Enquiry Officer and communicate sanction order to the nominated office of the Insurance Company. The compensation under Hit and Run Accident cases are made from a Solatium Fund which is contributed by General Insurance industry under an agreed formula.  The administration of claims is done by New India Assurance Co Ltd which has nominated one Divisional Manager in each district at District Level Committee which is headed by District Collector.” (reference:http://www.policyholder.gov.in/hit_and_run.aspx)

(N.B. This is not a legal advice. Only for general information.)

ANOTHER CASE OF FAILURE OF JUSTICE: SUPREME COURT SET ASIDE THE CASE - REASON? HIGH COURT DID NOT CONSIDER THE CASE PROPERLY !

The Supreme Court set aside the High Court order in its judgement dated 23/09/2015 and directed the High Court to decide the case again after hearing the parties in accordance with law. Does it mean that what was done is not according to law?

Facts of the case is that, the State of Rajasthan preferred a Criminal Appeal NO.1246 OF 2015 (S.L.P. [Crl.] No.1621 of 2014) against the judgment dated 29.5.2013 passed by the High Court. The trial court had convicted the accused for commission of an offence under section 302 and section 458 IPC and sentenced to life imprisonment with a fine of Rs.2,000/- and RI for seven years and a fine of Rs.1,000/- respectively for the aforesaid offences. While maintaining conviction and sentence under section 458 IPC, the High Court had altered conviction from section 302 to section 304 Part II and sentenced him to the period already undergone, i.e. 8 years and 7 months. 

The Supreme Court’s own words are self-explanatory: -

“It is crystal clear that the High Court has not considered the evidence, neither the nature of injuries nor method and manner in which they were inflicted. The High Court has also not considered the aspect whether the accused intended to inflict injuries so as to cause the death. Even the circumstances to take the case out of the purview of section 302 have also not been discussed by the High Court. Simpliciter, it has been observed that a careful scrutiny of the entire evidence has been made but we find from the judgment that no such exercise has been done. Mere statement in the judgment to that effect is not enough. Evidence is not only required to be mentioned in the judgment but its evidentiary value has to be assessed carefully. No such exercise has been made. 

Thus, we have no hesitation to set aside the judgment and order passed by the High Court. While allowing appeal, we remit the matter to the High Court to decide the same again after hearing the parties in accordance with law. It is made clear that we have not expressed any opinion on the merits of the case. The High Court is required to reconsider the matter in accordance with law and to decide the appeal de novo after hearing the parties. The respondent-accused shall remain on bail for a period of four weeks from the date of the judgment during which time he will be free to apply to the High Court for regular bail."

Quality - One of the main reason for prolonged litigation and accumulation for cases for years together.

GOVERNMENT OF INDIA, DOPT OFFICE MEMORANDUM Dated 11TH September, 2015 ON COMPULSORY RETIREMENT

The GOI, DOPT has issued an OFFICE MEMORANDUM No.25013/0 I /2013-Estt.A-1V Dated Il thSeptember, 2015 detailing the details and procedure to be followed in the case of compulsory retirement under the Fundamental rule and the Pension rules. This is mainly referring to the DOPT’s OM No. 25013/1/2013-Estt(A) dated 21/03/2014 on the periodical review under Fundamental Rule 56 or Rule 48 of CCS (Pension) Rules. It also quote the instructions/precautions issued by the Supreme court in the case of State of Gujrat Vs. Umedbhai M.Patel, 2001(3) SCC 314 as follows:

(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.

(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 311 of the Constitution.

(iii) "For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer."

(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

(v) Even un-communicated entries in the confidential record can also be taken into consideration.

(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.

(vii) If the officer was given a promotion despite adverse entries made in the confidential record that is a fact in favour of the officer.

(viii) Compulsory retirement shall not be imposed as a punitive measure.

There are also many other cases referred in support of the administration. There are also various technical procedures mentioned in the OM.

But the main lacuna in the OM is that it is silent about the Supreme Court cases went against the Administration not following these instructions.

In reality the purpose of the provision is not followed. If followed, nearly 70% of the total beurocracy would have been vacant and youngsters would have got more chance of employment. The provision is generally used to silence the persons who are not liked by the corrupt administration for personal interest and not the general administration for the sake of public interest as per the instructions of the Supreme Court mentioned above.

GOVERNMENT IS PAYING BACK BAD LOANS OF DUMMY COMPANIES IN DISGUISE

There are newspaper reports that the Union Finance Minister sought Parliament's approval on Friday 31/07/2015 to increase the budget allocation for this fiscal year by about $4 billion, that is, about Rs 70,000 crore, of which about 50% is to be used as extra capital into Public Sector Banks struggling with bad loans (NPA).

There are instances that some liquor companies float group companies to carry their logo on their products/services as surrogate advertisement since direct advertisement is not allowed in India for Alcohol products. Huge bad loans are from such companies where free advertisement is given to the parent company. Just imagine how much is to be paid for carrying a logo in a car participating in a car race or a cricket match. In short, benefit is to the parent company which runs in profit and the liability to such dummy companies which results in bad loans. Now Government of India is paying back these bad loans in disguise from the taxes like Excise Duty etc., collected indirectly even from the petty expenditure of the beggars on the street and Direct Taxes like Income Tax.

Please also read my following 3 blogs on the subject which I had written in mid June 2015 and is valid even today: 1. FINANCE MINISTRY AWARD TO ERRING BANKS dated 14/06/2015 2. ROBBING THE POOR TO FEED THE RICH - THE GOVERNMENT WAY dated 18/06/2015, 3. MAHARASHTRA CHIEF MINISTER ASKS CRIMINAL PROCEEDINGS AGAINST ERRING BANKERS dated 19/06/2015.

Note: Read my book 'A FRAUD IN THE INDIAN CONSTITUTION' on my fight against corruption and scams in Public Administration 

. 

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HARMONIZATION OF RTI (FEE & COST) RULES AND APPEAL PROCEDURE RULES UNDER RIGHT TO INFORMATION ACT, 2005

Government of India, DOPT sent to various authorities Vide letter No. 1/5/2011-IR Dated 10thJuly, 2015 expressing the need for Harmonization of RTI (Fee & Cost) Rules and Appeal Procedure Rules under Right to Information Act, 2005.

Earlier, the Government of India had notified a set of RTI Rules, 2012 dated 31.7.2012. While drafting the RTI Rules, 2012, it was stipulated that once notified, the State Governments would be requested to adopt these rules as it is, so that there might be uniformity in the matter of implementation of the RTI Act throughout the country. However,few States have not yet harmonized their fee rules with that of the Central Government.

Therefore, in the latest letter it is requested by the Central Government to various authorities mentioned in the letter to review their Right to Information (Fee & Cost Rules) and Appeal Procedure Rules. 

THE FUNNIEST OFFICE MEMORANDUM ISSUED BY THE FINANCE MINISTRY, GOI

On 17/07/2015, Department of Expenditure has issued an OM no.12(21)/E.Coord/2015 to its employees with the subject ‘Execss Expenditure Over Voted Grants’. This is not a new OM but it is being issued every year just before or during the Parliament session but never followed by anybody. I doubt whether those who are processing the OM itself is properly reading it or not.

It is simply quoting the Public Accounts Committee para 12 of its 36^th report on action taken by the government on their observations/recommendations contained in the seventh report (15^th Lok Sabha) on “Excess over Voted Grants and Charged Appropriations (2007-08) to the effect that no firm measures have been put in place by the Ministries/Departments concerned to avoid excess expenditure by the defaulter ministries. The OM also invited a reference to Rule 52(1) of the GFRs. The issue of such an OM is in vogue since the time GFR (General Financial Rules) came into existence. But who cares.

I had already written a book by name ‘A FRAUD IN THE INDIAN CONSTITUTION’ and published as an e-book (paper back is under printing) explaining how the Ministries in collusion with the Comptroller and Auditor General of India (CAG) is fooling the Parliament and thereby fooling the nation by accepting wrong audit objections by the ministry for remedial action and at the same time settling the genuine objections under the table (http://www.amazon.in/FRAUD-IN-THE-INDIAN-CONSTITUTION-ebook/dp/B00SQKTADY). In this book, I also dealt with in detail about this kind of casual type budgeting right from the lowest level of a section to the highest level Ministry.

Now the funniest part of the Office Memorandum: In this monsoon session of the Parliament, Finance Minister already prepared to seek approval for a supplementary Grant to finance a package to the public sector banks floating on the Non-Performing Assets (NPA). For more details, refer my earlier two blogs namely, ‘ROBBING THE POOR TO FEED THE RICH - THE GOVERNMENT WAY’ dated 18/06/2015 and “FINANCE MINISTRY AWARD TO ERRING BANKS’ dated 14/06/2015. In this background, my first question is whether the burden of NPA is a spontaneous incident noticed by the Finance Ministry after the last Budget session of the Parliament which necessitated for supplementary grant in the monsoon Session? If not, why it was not included in the Budget? When the Minister itself does not honour the rules and regulations, how they can control the subordinates? This is only one instance. Almost all supplementary requests if analysed would come to this category. Second question is, how many M.P.s are utilizing their grants fully or at least substantially during the financial year so that it is not lapsed?

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FAKE IN INDIA: BANKERS ARE PLAYING FIDDLE(SLEEPING) WHEN THEIR ASSETS ARE BURNING TO SCRAPS, BUT CVC SUPPORT THEM

IN CONTINUATION TO MY BLOG DATED 19/06/2015 UNDER THE CAPTION: ‘MAHARASHTRA CHIEF MINISTER ASKS CRIMINAL PROCEEDINGS AGAINST ERRING BANKERS’.

As reported in the DNA newspaper dated 10/07/2015, under the caption: ‘Banks to take possession of ...assets’, bankers are totally callous in nature to take action against the bigwig defaulters of loan repayment running into millions and billions on the simple theory that Government will recoup them from the public exchequer accumulated from beggars penny (Refer to my earlier blog of June under the caption ‘ROBBING THE POOR TO FEED THE RICH - THE GOVERNMENT WAY’ and ‘FINANCE MINISTRY AWARD TO ERRING BANKS’) to pay off the rich defaulters and to pay dividend to the shareholders.

According to the report, a consortium of banks under SBI Cap would soon take over the custody of about 40 vehicles and a personal jet of ………. But the funny thing is that, the SBI Cap acted apparently after media reports claiming about airport operator Mumbai International Airport Limited (MIAL) selling these assets as junks to recover its due of about Rs53 crore from the now-defunct …. .

The report further said that “a source in the bank has revealed that soon after the media reports, when they approached MIAL for assessing the assets, the airport operator started showing hesitance. dna had in its May 7 edition reported about MIAL issuing an open tender to sell the 39-odd vehicles as junk. The operator has earlier sold off one personal jets to a Sakinaka based junk shop owner, reportedly for Rs 22 lakh.”

The report further says, “MIAL officials, however, have a different version. An official said, “We have been writing to SBI Cap since past two years, but received no response. Hence, in order to clear the place where these abandoned assets are lying, we had decided to sell them. It’s good that now with the court order, the space will be freed for other operational works.” He added that the operator wouldn’t have got anything substantial by selling the assets as junk.”

According to the report, the defaulter owes over Rs 7,000 crore to bankers.

However, in a recent newspaper report, the CENTRAL VIGILANCE COMMISSION advised his men to go slow on prosecuting the erring bankers.

But think of a petty loan default from a common man due to oversight. Next day goons hired by the bankers would appear on his door steps or on the way while he was driving the car and take possession of the car.

Read my book - A FRAUD IN THE INDIAN CONSTITUTION- : www.amazon.in/dp/9352353986

CROCODILE TEARS OF MAHARASHTRA STATE INFORMATION COMMISSION

This has reference to the news item in DNA daily newspaper dated 04/07/2015 under the caption, "Follow BMC in ensuring info, chief secy told" quoting an instruction of the Maharashtra State Information Commission to the Chief Secretary of the State. But if MSIC’s own decisions are taken into consideration, I can tell with certainty that its own decisions are in the reverse gear taking the RTI Act backwards and MSIC’s outburst is only a crocodile tears.

To cite my own example, in my case, the District Consumer Disputes Redressal Forum, Mumbai Suburban District made its decision in Marathi language. At same time I found that in other cases, decisions were made in English language. Therefore, I made an application to the SPIO of the Mumbai Suburban District Forum with a request to inform me “.. the distinguishing factor for selecting different language for different complaint may be furnished to the applicant”. In the reply, the SPIO replied quoting a rule that in my case decision was made in Marathi language in accordance with that rule. But the information regarding the rule under which decisions were made in English was not provided even after 1st appeal. Then only the distinguishing factor could be understood. Then I approached the MSIC with the following 2nd appeal request: “Rule under which Marathi Language was used in appellant’s case is furnished. Rule under which English Language was used in other cases is not furnished”. But the second appeal decision of the same Chief Information Commissioner mentioned above really surprised me. In his order dated 10/11/2014 he stated that my request for information is in the nature of a dispute and hence it is not covered under the definition of ‘Information’ under the RTI Act 2005. What is the dispute? Does knowing the distinguishing factor for selecting different languages for different cases by the same judicial authority is a dispute? Actually there is a dispute between myself and the SPIO that the information regarding using English Language in the decisions of the Forum is not furnished. For solving this dispute between myself and the SPIO, I approached the MSIC. Otherwise, why MSIC is there? Only for giving instructions to the Chief Secretary?

I think that the MSIC is in a backlog clearance spree by quick disposal by dismissing the appeals without applying the mind by simply stating that it is not an information covered under the RTI Act2005 to discourage the applicants/appellants so that there would not be any huge backlog. 

SUPREME COURT TAUGHT A LESSON TO THE NCDRC TO CALCULATE COMPENSATION

The Supreme Court of India (SC) taught the National Consumer Dispute Redressal Commission (NCDRC) how to calculate Compensation in its Landmark Judgement of 1st July, 2015. Thereby SC enhanced the compensation of Rs. 5,00,000/- awarded by NCDRC to 1,38,00,000/- plus past medical expenses of Rs Rs.42,87,921/- (totalling to Rs.1,80,87,921/-). SC also spelt out in the judgement about the primary liability, vicarious liability, quantification of compensation, past medical expenses, future medical expenses, apportioning for inflation and apportionment of liability. SC was deciding two appeals one filed by the Appellant and another by the 1^st Respondent (State) both against the decision of the NCDRC.

It is a case of medical negligence. Facts of the case are as follows:

On 30.8.1996, the appellant V. Krishankumar's wife was admitted in Government Hospital for Women and Children, Egmore, Chennai. She delivered a premature female baby weighed only 1250 grams in the 29th week of pregnancy ahead of the normal gestation period of about 38 to 40 weeks. The infant was in th incubator in intensive care unit for about 25 days. The mother and the baby were discharged on 23.9.1996. The crucial fact of the issue is, that the baby was administered 90-100% oxygen at the time of birth and underwent blood exchange transfusion a week after birth. The baby had apneic spells during the first 10 days of her life. She was under the care of Respondent No.3 - Neo-paediatrician and Chief of Neo Natology Unit of the Hospital and Respondent No.4 of the Neo Natology Unit of the Hospital. The Respondent No.2 is the Director of the Hospital, which is established and run by the Respondent No.1 – State of Tamil Nadu under the Department of Health.

Both baby and the mother visited the hospital on 30.10.1996. Follow up treatment was administered at the home of the appellant by Respondent No.4, the Government Doctor during home visits. The baby was under his care from 4 weeks to 13 weeks of chronological age. The only advice given by Respondent No.4 was to keep the baby isolated and confined to the sterile room so that she could be protected from infection, but completely overlooked a well-known medical phenomenon that a premature baby who has been administered supplemental oxygen and has been given blood transfusion is prone to a higher risk of a disease known as the Retinopathy of Prematurity (ROP) which could in the normal course makes a child blind. The Respondent No.3, who was also a Government Doctor, checked up the baby at his private clinic, Chennai when the baby was 14-15 weeks of chronological age also did not suggest a check-up for ROP. It was also observed that ROP is a visually devastative disease that often can be treated successfully if it is diagnosed in time. The ROP was discovered when the appellant went to Mumbai for a personal matter and took his daughter to a paediatrician for giving DPT shots when she was 4½ months.

In the circumstances, SC agreed with the findings of the NCDRC that the respondents were negligent in their duty and were deficient in their services in not screening the child between 2 to 4 weeks after birth when it is mandatory to do so and especially since the child was under their care. Thus, the negligence began under the supervision of the Hospital Respondent No.2. The Respondent Nos. 3 and 4, who checked the baby at his private clinic and at the appellant’s home, respectively, were also negligent in not advising screening for ROP. It was also noted that Respondent Nos. 3 and 4 carried on their own private practice while being in the employment of Respondent No. 2, which was a violation of their terms of service.

Quantification of Compensation

First of all the SC quantified Rs.42,87,921/- actual cost incurred by the Appellant and his family. Accordingly it directed that the above amount shall be paid by the Respondent Nos.1 to 4.

The next question that was considered by the SC is the compensation which the respondents are liable to pay for their negligence and deficiency in service by which the child has been rendered blind for life.

For awarding compensation the principle relied by the SC is restitutio in integrum. The said principle provides that a person entitled to damages should, as nearly as possible, get that sum of money which would put him in the same position as he would have been if he had not sustained the wrong. In other words, the aggrieved person should get that sum of money, which would put him in the same position if he had not sustained the wrong, i.e., compensating the aggrieved person for the financial loss suffered. For the purpose of calculating compensation, the SC considered various ingredients namely, Past Medical Expenses, Future Medical Expenses, Apportioning For Inflation in addition to the normal calculation. As a result, against the Rs. 5,00,000/- compensation awarded by the NCDRC, what is quantified by the SC is Rs.1,38,00,000/- and directed to be paid, in the form of a Fixed Deposit, in the name of the child.

The next issue considered by the SC is the Apportionment of Liability. It was also noted by the SC that the compensation awarded by the NCDRC was directed to be paid only by Respondent Nos. 1 and 3 i.e. the State of Tamil Nadu and Neo-pediatrician, Government Hospital for Women & Children, Chennai. However, no reason was assigned by the Forum for relieving Respondent Nos.2 and 4. who also treated the child during the course of his visits to the house of the appellant. SC also considered the settled law that the hospital is vicariously liable for the acts of its doctors. By the same measure, it is also not possible to absolve Respondent No. 1, the State of Tamil Nadu, which establishes and administers such hospitals through its Department of Health, from its liability.

After considering all these issues, SC apportioned the liability of Rs. 1,38,00,000/- and Rs.42,87,921/-among all the 4 respondents, in various terms and conditions with permission to adjust any payment already paid.

As a result, Civil Appeal No. 8065 of 2009 was allowed and and Civil Appeal No. 5402 of 2010 was dismissed.

FAKE IN INDIA:- INEFFICIENCY (OR NEGATIVE EFFICIENCY IN SUPPRESSING THE CASE?) OF THE INVESTIGATORS AND THE PUBLIC PROSECUTORS

INEFFICIENCY (OR NEGATIVE EFFICIENCY IN SUPPRESSING THE CASE?) OF THE INVESTIGATORS AND THE PUBLIC PROSECUTOR SAVED CULPRITS FROM DEATH SENTENCE.

This is a Supreme Court of India Judgement dated 01/07/2015 in which a barbaric and cold blooded murder accused were set free only on the ground of doubt on account of the inefficiency (or negative efficiency in suppressing the case?) of the investigators and the public prosecutor to bring the facts on record. However, unlike in the famous Aarushi Murder Case of New Delhi, there is no order for reinvestigation to find out who are the real accused. So the real culprits are roaming free now.

It is nothing less than a Hollywood film story.

The murder according to the prosecution witness was like this:  On the fateful day of murder, a small boy aged about 8 years, was playing near Ambedkar Park (Uttar Pradesh). At about 10 a.m. the main accused took the boy to her baithak, which was seen by villagers namely the witness and another villager.  At that time three accused sons of the main accused who along with the main accused were sitting in the Verandah. They went inside taking the boy along with them and did not come out for about half an hour. It was alleged that the main accused and her sons then came out with a “thaal” filled with articles of worship (pooja samagri) and went towards Chamunda Math for worship. Since witness and the other villager did not see the boy coming out, they suspected some foul play and soon after main accused and her sons had left for Chamunda Math, they went inside the baithak. As they entered, they saw the dead body of the boy lying in a pool of blood with nostrils and ears cut.  They raised hue and cry, which attracted number of villagers. When the villagers saw the body of the boy, the situation took an ugly turn and there was a complete chaos. The people then went to the Math and assaulted the main accused and her sons.

The police thereafter arrived in the village and Inquest Panchanama was conducted between 2:30 p.m. to 4:00 p.m. Around this time, the main accused and her sons were arrested at about 3:30 p.m. After the inquest, the body of the boy was sent for post mortem. Dr. R. K. conducted post mortem at 4:30 p.m. According to him, the cause of death was asphyxia resulting from throttling. It was also stated that some of the injuries  were possible by a sharp cutting weapon.

In the meantime, all the accused were arrested and on personal search of accused, blood stained dharati or sickle was recovered.

After completing the investigation, charge sheet was filed against them and they were tried in the court of Additional Sessions Judge (Fast Track Court), Bulandshahar.

The trial Court after considering the material on record, found the eye witness account coming from the witness to be trustworthy and that the case was fully established against the main accused and her sons. After considering the submissions advanced on behalf of the prosecution and the accused on the issue of punishment, the Court by its further order found the case to be rarest of rare warranting extreme punishment of death penalty. Therefore, death penalty was imposed on the accused, subject to confirmation by the High Court.

The matter reached the High Court. By its judgment the High Court acquitted the accused of the charges leveled against them. The High Court accepted that the prosecution had proved that the boy was done to death at about 10 a.m. on 24.02.2006 in the baithak owned by the accused.  It however took the view that the prosecution had failed to prove the complicity of the accused in the offence. It observed that looking to its contents and language, the First Information Report did not appear to be a genuine document and the scribe was also not examined. According to the High Court it did not stand to reason that large number of villagers had apprehended the accused and given them thrashing and yet allowed them to escape and that the main accused, a lady of 58 years, would so succeed in running away. It also found force in the contention of the respondents that the place of occurrence was an open place and accessible to all.

Then the State being aggrieved, filed appeal before the SC challenging the order of acquittal passed by the H C. 

According to the Supreme Court, the evidence of the sole witness needs to be considered with caution and after testing it against other material. Further, such evidence must inspire confidence and ought to be beyond suspicion. So SC examined the testimony of the sole witness in the context of the material on record. It took note that apart from his own testimony nothing has been placed on record by the prosecution which could lend corroboration to his own presence and the content of his version.  First, no reason has been given why the witness and another villager were sitting on the bench outside the clinic of the doctor.  Neither the doctor nor the other villager were examined. Beyond the testimony of the witness himself, there is nothing to indicate whether the witness was actually there at the relevant time or not.  Secondly, the place from where he allegedly witnessed the occurrence was not a natural place where either the witness resides or carries on any vocation. The reason for his being there was not placed on record.  Again the reason for his continuing to be there for 20-25 minutes was also not spelt out.  Thirdly, none from the house of the boy was examined nor  throw any light as to when the boy left the house and in whose company he was playing. The prosecution also did not give any names of those children nor had anybody else been examined to say that they had seen the children playing at the place in question.  There was nothing on record which could corroborate that the boy was actually present with other children.  Fourthly, there was nothing to indicate how far the house of the boy was and whether that was the normal place where the boy would always be playing. Lastly, if the incident created chaos in the village and the villagers went and thrashed, there was no reason why none of them was examined.

As regards his version about the incident, the manner in which it was occurred, the involvement of the accused - whether all or some of them, there is nothing on record which could possibly allow the Court to test the authenticity of the version of the sole witness. To the Court, it was doubtful whether the witness could be called a natural and truthful witness and whether he could be completely relied upon.  The movements of the boy were also not established to show that he was actually there as suggested by the witness.

Another point noted by the SC is that the accused were apprehended on the same day when one of them was allegedly found to be in possession of blood stained dharati or sickle. According to the prosecution the weapon was blood stained and was kept in the folds of dhoti. However, no such blood stained dhoti was recovered. For that matter no blood stained clothes were recovered from any of the accused though they were supposed to be committed the crime which left body of the boy in a pool of blood. Even though the blood stains found on the cemented portion of the Chamunda Math, were quite disintegrated as per FSL examination.

In the circumstances explained and particularly when the SC was considering an appeal against acquittal, according to the SC, interference in this case would be justified and called for, only if they find that the testimony of the sole witness of such character that it could be fully relied upon.  In this case, where the accused were being tried for an offence punishable with capital punishment, the scrutiny needs to be stricter. In the view the SC, material on record definitely falls short and the accused were entitled to the ‘benefit of doubt’. The SC therefore, affirmed the view taken by the High Court and dismissed the State appeal. The appeal preferred by the Complainant was also dismissed.

(Reference:- SUPREME COURT OF INDIA, CRIMINAL APPEAL Nos.623-24/2008, State of U.P., …. Appellant V/s   Satveer & Ors. …. Respondents, Judgement dated July 01

Why foreign ambassador for Ayurveda when Indian can do magnificent road show for Yoga?

There are reports that the Kerala Government has taken a decision to appoint  Steffi Graf as the brand ambassador for its Ayurvedic Tourism promotions. The Government’s plan is to promote Ayurveda among foreign tourists as a route to sustain health and youthfulness along with improving the financial health of the State from the weakness created by the ban on liquor.

Whatever may be the case, my question is why Kerala Government has to go to a foreign country for an ambassador for promoting an Indian system of medicine. We have good ambassadors in India, like the one magnificent road show we have witnessed at Rajpath, New Delhi for promoting Yoga a few days ago.

INDIAN PRIME MINISTER JOINED THE CROWD IN YOGA EVENT - REMINDS ME AN EX- RAILWAY MINISTER

There are many reports that Indian Prime Minister joined the crowd in record-breaking yoga event at Rajpath.

This reminds me the days of Mr. Lallu Prasad Yadav when he was the Railway Minister by introducing so many improvement in railways like introduction of kulad etc.(kulad is a kind of earthen pot used in north India to drink tea etc). He got applauds from may particularly from north India. But where is the kulad now? Main aim is popularity as in the case of cinema field. Before election, main issue was corruption and black money, Swiss bank etc. After election yoga, cleaning… Cleverly diverting the attention of the public from the election promises.

Maharashtra Chief Minister asks criminal proceedings against erring bankers

In a newspaper, recently it was reported that the Maharashtra Chief Minister asked the administration to initiate criminal proceedings against erring staffers of financial institutions for refusing financial aid to farmers in distress. It was also reported that immediately the bank union has condemned the move since it is not binding on a financial institution to disburse loan to a farmer. According to me, both are right in their respective statements.

It is like this. The bank or its employees have two set of standards for giving loans, one for the super-rich defaulters and another for common man who generally repay it. Bank employees are very kind to sanction loans to the super rich which later on become  NPA/BAD LOAN. Only for the second category COMMON MAN they are very strict to sanction the loan. For them, they have rules and regulations and so many other things to be fulfilled - that too they will tell you in piece meal so that finally you would be exhaust running after them and finally you may or may not get the loan. 

Our past and present Union Finance Ministers are also very eager to help those banks who created maximum NPAs from the tax collected even from the beggars on the street through the excise duty etc. levied on simple items they use. In this background there is nothing wrong in the request of the Maharashtra Chief Minister. Actually, the NPA creating employees – mostly executives – should be prosecuted for sanctioning such soft loans to the super rich without proper checks and dillydallying even the recovery process. 

ROBBING THE POOR TO FEED THE RICH - THE GOVERNMENT WAY

There is a proposal for Supplementary Demands for Grants in the coming Monsoon Session of the Parliament. From the recent utterances of the Finance Minister, it appears that the major necessity for the fund is to feed the public sector banks who distributed soft loans to the rich and affluent persons who have no history of repayment and know the ways and means to manage the things. For arranging this huge amount to feed the rich, tax rates of petroleum products are already increased that too at a time cost of raw material crude is falling daily. Otherwise, inflation would have been come down to some extend and the poor would have been benefited. Is there any action taken against those people who sucked the blood of the nation by granting such loans as well as by not repaying it? Why the government is silent on the issue. What is the indication of all these? Is it not robbing the poor to feed the rich?

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FINANCE MINISTRY AWARD TO ERRING BANKS

There is a report in various newspapers that the Finance Ministry is likely to finalise additional capital requirement, over and above budget provision of about Rs 8,000 crore, for public sector banks in the next three months. What the report says that Finance Minister Arun Jaitley on Friday had promised more capital infusion into public sector banks, saying there is "merit" in their demand for more funds over and above what was provided in the Budget.

[Author note: Also read my book - 'A FRAUD IN THE INDIAN CONSTITUTION" at www.amazon.in/dp/9352353986 ]

This issue of additional capital requirement was also supported by the Reserve Bank of India in view of mounting NPA/BAD LOANS.

In this background, I have few questions to both the Finance Minister/Ministry and to the Reserve bank of India:

To the Finance Minister/Ministry:

1.       Is this a bonus or award to the scam tainted NPA/BAD LOAN banks for giving soft loans to affluent people whereas non influential people who do not know the art of greasing the palms are not able to get even petty educational loans to their children?

2.        Have you initiated any ‘EFFECTIVE’ action against the defaulters and the NPA sanctioning Top Executives of banks?

3.       If it is a common man, what you would have done if a few instalments are not paid in time?

4.       Why don’t you freeze the dividend of these scam tainted banks till the NPA is wiped out, instead of burdening the taxpayers?

To the RESERVE BANK OF INDIA:

1.       What is your real function? Simply to report the NPA figures or to take ‘EFFECTIVE’ steps to prevent it?

2.        What is the work done by your Inspection teams after going to the different banks for inspection purpose? Just to confirm the NPA figures reported or to check the adequacy of the security and the creditworthiness.

3.       Is it possible that on a fine morning loans are becoming NPA or is it with the active support from the lender bank officials and the inspecting RBI officials?

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A COMMENT ON THE FINANCE MINISTERS REMARK ON INDIRECT TAX REVENUE.

This is a comment on the Finance Ministers remark on Indirect Tax Collection. Press release dated 12/06/2015 quoted in the end.

Indirect Taxes are not collected directly by the department. It is the voluntary payment of public through the shopkeepers etc. like sales tax, excise duty etc. If the Finance Minister really reviewed the performance, he should ask the department how much the departments directly collected. Actually, what he should have done is how much collection is directly related to the efforts of the department such as how much evaded tax was brought to book (actual, not bogus collections refunded later). If there is no considerable collection, he should then ask them what they are in the department. For example the increase in collection what he pointed out is mainly due to the increase of tax in petroleum products for which the tax money is paid by the public when they purchase it from the petrol pump. It is really a great wonder/joke of the WORLD when the actual price of the petroleum products are decreased internationally, tax collection is more by increasing the tax rate arbitrarily and taking credit for it. Really wonderful.

"INDIRECT TAX REVENUE (PROVISIONAL) COLLECTIONS INCREASE FROM RS. 36,408 CRORE IN MAY 2014 TO RS. 49,993 CRORE DURING MAY 2015; AN INCREASE OF 37.3 % REGISTERED DURING THE MONTH OF MAY 2015 OVER THE CORRESPONDING PERIOD IN THE PREVIOUS YEAR; CENTRAL EXCISE COLLECTIONS REGISTERED AN INCREASE OF 84.2%; CUSTOMS COLLECTIONS REGISTERED AN INCREASE OF 16% WHILE SERVICE TAX COLLECTIONS REGISTERED AN INCREASE OF 13.2% DURING THE SAME PERIOD; FM: THE UNDERLYING MOMENTUM IN THE ECONOMY IS IMPROVING ACROSS ALL SECTORS INCLUDING MANUFACTURING AS REFLECTED IN HEALTHY EXCISE COLLECTIONS DURING THE FIRST TWO MONTHS OF THE CURRENT FINANCIAL YEAR 2015-16. 

Responding to the indirect tax collection figures, the Union Finance Minister Shri Arun Jaitley said that the these indirect tax collections reflect in part the effect of the additional measures taken by the Central Government including the Central Excise increase on diesel and petrol, increase in clean energy cess, and the withdrawal of exemptions for motor vehicles and consumer durables. He said that even after taking-out the impact of these additional measures, indirect tax collections have shown an increase of 16.9% in May 2015 over May 2014; and by 12.6% for the two month period April-May 2015 over the same period last year i.e. April- May 2014. 

The Union Finance Minister Shri Arun Jaitley further said that the underlying momentum in the economy is improving across all sectors including manufacturing as reflected in healthy Excise collections during the first two months of the Current Financial Year 2015-16". 

For full text of the report, go to link:

http://www.finmin.nic.in/press_room/2015/IndirectTaxCollectionsforMay2015.pdf

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COMPENSATION and FREE TREATMENT to ACID ATTACK VICTIMS

SUMMERY OF THE SUPREME COURT OF INDIA O R D E R

The provisional figures for 2014 indicate that there were 282 acid attacks in all the States. The majority of acid attacks were in the States of Uttar Pradesh (185), Madhya Pradesh (53) and Gujarat (11)… U.T. Delhi 27.

In spite of the directions given by the Court in Laxmi Vs. Union of India [(2014) 4 SCC 427], the minimum compensation of Rs.3,00,000/- (Rupees three lakhs only) per acid attack victim has not been fixed in some of the States/Union Territories. The Court suggested that the Member Secretary of the State Legal Services Authority should take up the issue with the State Government so that the orders passed by the Court are complied with and a minimum of Rs.3,00,000/- (Rupees three lakhs only) is made available to each victim of acid attack.

Court also directed that the Member Secretary of the State Legal Services Authority to obtain a copy of the Victim Compensation Scheme from the concerned State/Union Territory and to give it wide and adequate publicity in the State/Union Territory so that each acid attack victim in the States/Union Territories can take the benefit of the Victim Compensation Scheme.

Court also issued a direction that the hospital, where the victim of an acid attack is first treated, should give a certificate that the individual is a victim of an acid attack. This certificate can be utilized by the victim for treatment and reconstructive surgeries or any other scheme that the victim may be entitled to with the State Government or the Union Territory, as the case may be. In the event of any specific complaint against any private hospital or government hospital, the acid attack victim is at liberty to take further action.

With regard to the banning of sale of acid across the counter,  Court directed that the Secretary in the Ministry of Home Affairs and Secretary in the Ministry of Health and Family Welfare to take up the matter with the State Governments/Union Territories to ensure that an appropriate notification to this effect is issued within a period of three months from the date of this Court order.

Therefore, in case of any compensation claim made by any acid attack victim, the matter would be taken up by the District Legal Services Authority, which would include the District Judge and such other co-opted persons who the District Judge feels would be of assistance. This body would function as the Criminal Injuries Compensation Board for all purposes.

The Court also directed that a copy of this order be sent to learned counsel appearing for the Secretary in the Ministry of Home Affairs and the Secretary in the Ministry of Health and Family Welfare for onward transmission and compliance to the Chief Secretary or their counterparts in all the States and Union Territories. The Chief Secretary would ensure that the order is sent to all the District Magistrates and due publicity is given to the order of the Court.

The Court also directed that a  copy of this order should also be sent to the Member Secretary of NALSA for onward transmission and compliance to the Member Secretary of the State Legal Services Authority in all the States and Union Territories. The Member Secretary of the State Legal Services Authority would ensure that it is forwarded to the Member Secretary of each District Legal Services Authority who will ensure that due publicity is given to the order of the Court. 

[Reference: WRIT PETITION (CRL.)NO.129 OF 2006  LAXMI ...PETITIONER   V/S UNION OF INDIA & ORS. ...RESPONDENTS order dated  APRIL 10, 2015].

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