Report · 1:26am
i m nervous. u have even not answered my requests.
Report · 1:27am
sorry.
1 more day
Report · 1:29am
r u busy or not in a poeition to help me? i have alreadt resigned due to slavery treatment.
i m sorry but late night i m disturbing u.
Report · 1:32am
first a few basics I need to know.
If u have resigned what is ur earning and how will u survive?
Report · 1:33am
pl tell me.
Report · 1:34am
I mean what about ur BHAJI-Bhakri?
Are u allowed to look for new job?
Report · 1:34am
i m in search of new job in india and gulf also
Report · 1:35am
What is ur plan to come back to India?
Are u allowed to do other job in gulf as per their law?
Report · 1:36am
most probably i wl come to india on 2nd may, subject to the hearing with labor court here on sat 23ed apr.
Report · 1:36am
In what way and upto what time u want to fight with ur agent or recruiter?
good.
so u r fighting the case in the labour court ?
If u make a police complaint about ur agent in mumbai will there be danger to ur life in gulf?
[Vijay Patil]
Report · 1:37am
most probably i wl come to india on 2nd may, subject to the hearing with labor court here on sat 23ed apr.
[You]
Report · 1:37am
In what way and upto what time u want to fight with ur agent or recruiter?
good.
so u r fighting the case in the labour court ?
If u make a police complaint about ur agent in mumbai will there be danger to ur life in gulf?
[Vijay Patil]
Report · 1:40am
now t m winding up. the labor court promised me to give natural justice. and i have no option remains but to face the situation.
pl give me at least moral support and pray for me.
[You]
Report · 1:42am
of course. But do u want to lodge a police complaint?
[Vijay Patil]
Report · 1:43am
yes i wl do it at mumbai airport itself. but wat is yr suggestion?
[You]
Report · 1:46am
You write ur complaint giving details like date, place of meeting etc against the agent and send it now by post to Mr Arup Patnaik, Commissioner of Police Mumbai.
Then u can raise the issue with Indian media as well as Indian embassy in Riyadh.
[Vijay Patil]
Report · 1:51am
i have already urged to Hon president,ambassador at riyadh and cons. general at jeddah. jeddah office transferred my application to riyadh. but no progress. all agencies having their own interests. who wl take care of mine? and afterall who is vijay patil?
pl give me yr cell no. i wl cal u 2mro mrng.
गुरुवार, 21 अप्रैल 2011
मंगलवार, 19 अप्रैल 2011
Corruption is like diabetes
Article for Blog Post Writing Competition 2011 | by Kush Kalra and Rubal Garg
April 17th, 2011 → 1:52 pm
0
“Corruption is like diabetes can only be controlled but cannot totally be eliminated”
-Anonymous
The Problem of Definition
Everyone knows what corruption is; but it is difficult to define it in exact terms.
According to the Oxford English Dictionary,[1] the word ‘corrupt’ means “influenced by bribery, especially at the time of elections”. Encyclopedia Britanica[2]says a corrupt practice “includes bribery; but has reference to the electoral systems”. But these, as will be seen, are not definitions.
Corruption may be alternatively defined as unlawful practices. Thus, Section 161 of the Indian Penal Code[3] defines corruption as follows:
“Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain gratification whatever, other than legal remuneration as a motive or a reward for doing or forbearing to do any official act or for showing or forbearing to show, in exercise of his official functions, favour or disfavor to any person with the Central or State Government or Parliament or Legislature of any State or with any public servants as such…….”
Corruption as viewed in Criminal Law
Corruption has always been considered a serious type of anti-social act in criminal law. In India, the first codified criminal law i.e. the Indian Penal Code, 1860, contained a full chapter[4] which dealt with corruption. However, it confined its operation to those defined as public servants under Section 21 of the code. Mainly misconduct and abuse of power by public servants were covered under this chapter. Being governed by the traditional rules of criminal liability, the provisions in the I.P.C. could not successfully combat corruption by public servants who constituted a powerful class which had a considerable influence for titling the scales of justice. Moreover, the definition of the public servant suffered from many defects as many important functionaries engaged in discharging public duties were left out of the definition of public servant. However, the redeeming feature of the period till the start of the First world war was that the people in India, by and large were bound by moral values which abhorred corruption than by materialistic considerations of the industralised western world.
The scope of bribery and corruption by public servants had considerably increased due to war conditions. Even after the Second World War opportunities for corrupt practices remained for a considerable time. Extensive schemes for post war reconstruction opened wide new avenues for corruption among public servants. However, the existing provisions of the I.P.C were found to be insufficient for effective handling and controlling of corrupt public servants.[5] Therefore, to supplement and strengthen law against corruption, the Prevention of Corruption Act, 1947, entered the statute book. The Act being social legislation aimed at eradicating corruption, changed the traditional rules of criminal liability by presuming mens rea on the part of public servant if actus reus was proved.[6] Criminal misconduct in the discharge of official duty was made an offence Under Section 5 of the Act. However, it neither gave separate definition of public servant nor made improvements in Section 21 of the I.P.C through special amending clause. Generally, public servants were prosecuted under Section 161 of the I.P.C[7] read with Section 5 of the Act. In pursuance of the recommendations of the Santhanam Committee for taking stringent measures against rampant corruption the Act was amended in 1964.
Inspite of the amendment of the Act, the situation viciated by corrupt practices could not be redeemed. Rather corruption expanded its sphere of activity by engulfing the entire society. Even the elected representatives of the people who are supposed to be the repository of public faith by discharging their duties with honesty and integrity succumbed to the vagaries of corruption by sharing its booty with public servants. Efforts made for bringing political corruption within the purview of the Act did not succeed as elected representatives through whom most of the corruption is routed through were not considered as public servants.[8]
Ineffective Operation of Criminal Law against Corruption
Inspite of the laudable role of summit court, in upholding rule of law in the administration of criminal justice by giving free hand to the top investigation agencies[9] in corruption cases involving top politicians, bureaucrats and public men, the wheels of criminal justice have got struck up in the quagmire of legal niceties being preached by legal luminaries who happen to defend thieves of public trust of the people of the largest democracy of the world. The trail procedure is hampered as the proceedings are stayed on one pretext or the other. Sometimes, there is a backtracking taking the situation back to the square one. Non-conclusion of trail proceedings in all mega scams and bribery cases, mentioned in the preceding discussion, is ample proof of the tardy pace of our criminal justice system despite a constitutional mandate of speedy justice. The lurking fear of political uncertainty and clandestine operation of the powerful accused for winning over the witnesses and brow beating the prosecuting are some of the reasons which reader anti-corruption laws ineffective despite presumption of mens rea on the part of accused and changes in rules of criminal liability for curbing corruption.[10]
Even in ordinary cases of corruption, the Act has failed to achieve its objects. Despite the fact that investigation of corruption cases is conducted by a senior police officer not below the rank of Deputy Superintendent of Police [11] and the case are to be tried by a senior-judicial officer(special judge) of long experience not below the rank of additional Session Judge,[12] the operation of criminal justice system is dismal.
A perusal of the working of the anti-corruption laws in India and in the previous years leads to the conclusion that the anti-corruption Act, 1988 being considered as the strong arm of criminal law has been reduced to the status of ineffective legislation being fractured by the powerful mafia patronizing corruption through the influence it wields in every sphere of life because of its nexus with politicians, bureaucrats and publicmen of prominence. Various directions issued by the Supreme Court regarding successful working of the Act have been forgotten in oblivion.
Acknowledging the Difference: Is there a Solution?
Some recommendations are as under:
* Investigative agencies like the police and the Central Bureau of Investigation, whilst being operated under the auspices of the government, must be allowed to investigate freely and without any interference. Long-pending reforms for the police force must be implemented which will make appointments and therefore investigations transparent.
* As more Indian companies venture overseas, the government should consider implementing law similar to the Foreign Corrupt Practices Act, 1977 (“FCPA”) prevalent in the United States of America. Interestingly, FCPA has extra territorial effect, which provides an adequate deterrent.
Conclusion
The vice of corruption which is now a way of life and a potent threat to polity, has degenerated the Indian Society by rupturing its moral fabric. The cancer of corruption is an insidious host which is more dangerous than the army of the enemy at our frontiers. We can visualize the movements of the enemy and modulate our defence accordingly but we are helpless before the insidious host who is eroding the sound bases of our socio-economic legal set-up by clandestine dubious operations. When a country faces a particular danger from a particular problem, may it be terrorism or corruption, it has to be countered by stringent legal measures which have the support or approval of the society at large for those interest the emergency measures are pressed into service. Corruption which has been equated with the disease of cancer in India by the Honourable Supreme Court should be projected as the most serious problem of the modern India which deserves deterrent treatment at every stage of criminal justice system. General awareness regarding dangerous consequences of corruption has to be created. Awakening of masses through strong public opinion is the prime need of the time. A multipronged socio-legal approach against corruption can go a long way in analyzing and controlling corruption in its correct Indian perspective. If quick urgent steps are not taken at all levels for proper enforcement of anti-corruption laws in India, it may continue to dispense injustice as aptly pointed out by eminent jurist Nani palkiwala:
“Law is not only an ass but also a snail. The courts these days are not cathedrals of justice but cashinos. If you lose at one state, you double the stake and approach the higher stage.[13]
[1] The Concise Oxford Dictionary of Current English, Clarendon Press, Oxford, 1964.
[2] Encyclopedia Britanica, 1929 Edition, London, p.472.
[3] Op. cit., Report of the Committee on Prevention of Corruption, p.5
[4] Chapter IX dealing with offences by or Relating to Public Servants.
[5] Statement of objects and Reasons of Prevention of Corruption Act, 1947, Gazette of India dated November 23, 1946, Part V, p. 384.
[6] Section 4 of the Act.
[7] Deals with Talking illegal gratification by public servant as a motive or reward for showing official favour.
[8] I.P.C Amendment Bill 1972 contained in provisions for making M.P. and M.L.A as public servant but the same was deleted by the Joint Select Committee of the Parliament. Supreme Court in Nayak, R.S. v. Antulay, A.R., AIR 194 SC 684 has held that M..A is not a public servant.
[9] The Supreme Court has now given free hand to C.B.I. in corruption cases.
[10] E.g. Section 20 of the Prevention of Corruption Act, 1988.
[11] Section 17 of the Act.
[12] Sections 26 and 27 of the Act.
[13] Quoted in Judicial and Criminal Justice System Requires Overhauling by T.V. Rajeshwar.
Article by-
Kush Kalra and Rubal Garg
Students, Rajiv Gandhi National University of Law, Patiala
April 17th, 2011 → 1:52 pm
0
“Corruption is like diabetes can only be controlled but cannot totally be eliminated”
-Anonymous
The Problem of Definition
Everyone knows what corruption is; but it is difficult to define it in exact terms.
According to the Oxford English Dictionary,[1] the word ‘corrupt’ means “influenced by bribery, especially at the time of elections”. Encyclopedia Britanica[2]says a corrupt practice “includes bribery; but has reference to the electoral systems”. But these, as will be seen, are not definitions.
Corruption may be alternatively defined as unlawful practices. Thus, Section 161 of the Indian Penal Code[3] defines corruption as follows:
“Whoever, being or expecting to be a public servant, accepts or obtains, or agrees to accept, or attempts to obtain gratification whatever, other than legal remuneration as a motive or a reward for doing or forbearing to do any official act or for showing or forbearing to show, in exercise of his official functions, favour or disfavor to any person with the Central or State Government or Parliament or Legislature of any State or with any public servants as such…….”
Corruption as viewed in Criminal Law
Corruption has always been considered a serious type of anti-social act in criminal law. In India, the first codified criminal law i.e. the Indian Penal Code, 1860, contained a full chapter[4] which dealt with corruption. However, it confined its operation to those defined as public servants under Section 21 of the code. Mainly misconduct and abuse of power by public servants were covered under this chapter. Being governed by the traditional rules of criminal liability, the provisions in the I.P.C. could not successfully combat corruption by public servants who constituted a powerful class which had a considerable influence for titling the scales of justice. Moreover, the definition of the public servant suffered from many defects as many important functionaries engaged in discharging public duties were left out of the definition of public servant. However, the redeeming feature of the period till the start of the First world war was that the people in India, by and large were bound by moral values which abhorred corruption than by materialistic considerations of the industralised western world.
The scope of bribery and corruption by public servants had considerably increased due to war conditions. Even after the Second World War opportunities for corrupt practices remained for a considerable time. Extensive schemes for post war reconstruction opened wide new avenues for corruption among public servants. However, the existing provisions of the I.P.C were found to be insufficient for effective handling and controlling of corrupt public servants.[5] Therefore, to supplement and strengthen law against corruption, the Prevention of Corruption Act, 1947, entered the statute book. The Act being social legislation aimed at eradicating corruption, changed the traditional rules of criminal liability by presuming mens rea on the part of public servant if actus reus was proved.[6] Criminal misconduct in the discharge of official duty was made an offence Under Section 5 of the Act. However, it neither gave separate definition of public servant nor made improvements in Section 21 of the I.P.C through special amending clause. Generally, public servants were prosecuted under Section 161 of the I.P.C[7] read with Section 5 of the Act. In pursuance of the recommendations of the Santhanam Committee for taking stringent measures against rampant corruption the Act was amended in 1964.
Inspite of the amendment of the Act, the situation viciated by corrupt practices could not be redeemed. Rather corruption expanded its sphere of activity by engulfing the entire society. Even the elected representatives of the people who are supposed to be the repository of public faith by discharging their duties with honesty and integrity succumbed to the vagaries of corruption by sharing its booty with public servants. Efforts made for bringing political corruption within the purview of the Act did not succeed as elected representatives through whom most of the corruption is routed through were not considered as public servants.[8]
Ineffective Operation of Criminal Law against Corruption
Inspite of the laudable role of summit court, in upholding rule of law in the administration of criminal justice by giving free hand to the top investigation agencies[9] in corruption cases involving top politicians, bureaucrats and public men, the wheels of criminal justice have got struck up in the quagmire of legal niceties being preached by legal luminaries who happen to defend thieves of public trust of the people of the largest democracy of the world. The trail procedure is hampered as the proceedings are stayed on one pretext or the other. Sometimes, there is a backtracking taking the situation back to the square one. Non-conclusion of trail proceedings in all mega scams and bribery cases, mentioned in the preceding discussion, is ample proof of the tardy pace of our criminal justice system despite a constitutional mandate of speedy justice. The lurking fear of political uncertainty and clandestine operation of the powerful accused for winning over the witnesses and brow beating the prosecuting are some of the reasons which reader anti-corruption laws ineffective despite presumption of mens rea on the part of accused and changes in rules of criminal liability for curbing corruption.[10]
Even in ordinary cases of corruption, the Act has failed to achieve its objects. Despite the fact that investigation of corruption cases is conducted by a senior police officer not below the rank of Deputy Superintendent of Police [11] and the case are to be tried by a senior-judicial officer(special judge) of long experience not below the rank of additional Session Judge,[12] the operation of criminal justice system is dismal.
A perusal of the working of the anti-corruption laws in India and in the previous years leads to the conclusion that the anti-corruption Act, 1988 being considered as the strong arm of criminal law has been reduced to the status of ineffective legislation being fractured by the powerful mafia patronizing corruption through the influence it wields in every sphere of life because of its nexus with politicians, bureaucrats and publicmen of prominence. Various directions issued by the Supreme Court regarding successful working of the Act have been forgotten in oblivion.
Acknowledging the Difference: Is there a Solution?
Some recommendations are as under:
* Investigative agencies like the police and the Central Bureau of Investigation, whilst being operated under the auspices of the government, must be allowed to investigate freely and without any interference. Long-pending reforms for the police force must be implemented which will make appointments and therefore investigations transparent.
* As more Indian companies venture overseas, the government should consider implementing law similar to the Foreign Corrupt Practices Act, 1977 (“FCPA”) prevalent in the United States of America. Interestingly, FCPA has extra territorial effect, which provides an adequate deterrent.
Conclusion
The vice of corruption which is now a way of life and a potent threat to polity, has degenerated the Indian Society by rupturing its moral fabric. The cancer of corruption is an insidious host which is more dangerous than the army of the enemy at our frontiers. We can visualize the movements of the enemy and modulate our defence accordingly but we are helpless before the insidious host who is eroding the sound bases of our socio-economic legal set-up by clandestine dubious operations. When a country faces a particular danger from a particular problem, may it be terrorism or corruption, it has to be countered by stringent legal measures which have the support or approval of the society at large for those interest the emergency measures are pressed into service. Corruption which has been equated with the disease of cancer in India by the Honourable Supreme Court should be projected as the most serious problem of the modern India which deserves deterrent treatment at every stage of criminal justice system. General awareness regarding dangerous consequences of corruption has to be created. Awakening of masses through strong public opinion is the prime need of the time. A multipronged socio-legal approach against corruption can go a long way in analyzing and controlling corruption in its correct Indian perspective. If quick urgent steps are not taken at all levels for proper enforcement of anti-corruption laws in India, it may continue to dispense injustice as aptly pointed out by eminent jurist Nani palkiwala:
“Law is not only an ass but also a snail. The courts these days are not cathedrals of justice but cashinos. If you lose at one state, you double the stake and approach the higher stage.[13]
[1] The Concise Oxford Dictionary of Current English, Clarendon Press, Oxford, 1964.
[2] Encyclopedia Britanica, 1929 Edition, London, p.472.
[3] Op. cit., Report of the Committee on Prevention of Corruption, p.5
[4] Chapter IX dealing with offences by or Relating to Public Servants.
[5] Statement of objects and Reasons of Prevention of Corruption Act, 1947, Gazette of India dated November 23, 1946, Part V, p. 384.
[6] Section 4 of the Act.
[7] Deals with Talking illegal gratification by public servant as a motive or reward for showing official favour.
[8] I.P.C Amendment Bill 1972 contained in provisions for making M.P. and M.L.A as public servant but the same was deleted by the Joint Select Committee of the Parliament. Supreme Court in Nayak, R.S. v. Antulay, A.R., AIR 194 SC 684 has held that M..A is not a public servant.
[9] The Supreme Court has now given free hand to C.B.I. in corruption cases.
[10] E.g. Section 20 of the Prevention of Corruption Act, 1988.
[11] Section 17 of the Act.
[12] Sections 26 and 27 of the Act.
[13] Quoted in Judicial and Criminal Justice System Requires Overhauling by T.V. Rajeshwar.
Article by-
Kush Kalra and Rubal Garg
Students, Rajiv Gandhi National University of Law, Patiala
बुधवार, 13 अप्रैल 2011
एक अपील- क्रान्ति का बिगुल बजाये
जनकल्याण हेतु अपनी आहुति जरुर दें
हर वो भारतवासी जो भी भ्रष्टाचार से दुखी है,वो देश की आन-बान-शान के लिए अब भी समाजसेवी श्री अन्ना हजारे का समर्थन करने हेतु एक बार 022-61550789 पर स्वंय भी मिस्ड कॉल करें और अपने दोस्तों को भी करने के लिए कहे.यह श्री हजारे की लड़ाई नहीं है बल्कि हर उस नागरिक की लड़ाई है. जिसने भारत माता की धरती पर जन्म लिया है.
आम और खास आदमी का वेबसाईट,
जहाँ हर देशभक्त को एक बार जरूर जाना चाहिए !
भ्रष्टाचार ऊपर से नीचे तक है
स्वराज-लोकराज आन्दोलन
भ्रष्टाचार के खिलाफ भारतीय
भारतीय मानवता व अच्छाई हेतु एक नायब प्रयास
स्वराज-लोकराज आन्दोलन
भ्रष्टाचार के खिलाफ भारतीय
भारतीय मानवता व अच्छाई हेतु एक नायब प्रयास
भ्रष्टाचारियों के मुंह पर तमाचा, जन लोकपाल बिल पास हुआ हमारा. जन लोकपाल बिल को लेकर सरकार की नीयत ठीक नहीं लगती है.अब लगता है इन मंत्रियों को जूता-चप्पल की भाषा समझ आएगी. हमें अपने अधिकारों लेने के लिए अब ईंट का जवाब पत्थर से देना होगा.
श्री अन्ना हजारे की जीत की लड़ाई को श्री जय कुमार झा के सहयोग से "सिरफिरा" भी हुआ अपने कैमरे में कैद करने में कामयाब. अपने चित्रों की जुबानी पोस्ट मैं यहाँ पर कल पोस्ट करूँगा.
मेरी आकांक्षा (ख्याब) सुनकर भी अनेक लोग मजाक उड़ाते हैं, इसलिए मैं अपने आपको "सिरफिरा" कहलाता हूँ. जिसका दिमाग "फिरा" होता है या यह कहे "सनकी" होता है.उसी को लोग "पागल" कहते हैं, कोई मुझे "पागल" कहे उससे पहले ही स्वंय को "सिरफिरा" कहलवाना शुरू कर दिया. मेरे बारे में एक वेबसाइट को अपनी जन्मतिथि, समय और स्थान भेजने के बाद यह कहना है कि- आप अपने पिछले जन्म में एक थिएटर कलाकार थे. आप कला के लिए जुनून अपने विचारों में स्वतंत्र है और अभिव्यक्ति की स्वतंत्रता में विश्वास करते हैं.भ्रष्टाचार से मुक्त भारत देश को बनाने के लिए हमें क्यों भाषा भी विदेशी का प्रयोग करना पड़ रहा है? राष्ट्र के प्रति हर व्यक्ति का पहला धर्म है अपने राष्ट्र की राष्ट्रभाषा का सम्मान करना.
इन्टरनेट या अन्य सोफ्टवेयर में हिंदी की टाइपिंग कैसे करें और हिंदी में ईमेल कैसे भेजें जाने और आम आदमियों की परेशानियों को लेकर क़ानूनी समाचारों पर बेबाक टिप्पणियाँ पढ़ें. उच्चतम व दिल्ली उच्च न्यायालय को भेजें बहुमूल्य सुझाव (जिस पर कुछ समय बाद अमल किया गया) पर अपने विचार प्रकट करने हेतु मेरे ब्लॉग देखें.
शनिवार, 9 अप्रैल 2011
इस देश की जनता के असली आजादी और भ्रष्ट मंत्रियों व उनके पार्टनर धनपशु उद्योगपतियों के बर्बादी का राजपत्र....
9 अप्रेल 2011 एक बार फिर इस देश के दूसरी आजादी के लड़ाई के जीत तथा इस देश की जनता के असली आजादी और भ्रष्ट मंत्रियों व उनके पार्टनर धनपशु उद्योगपतियों के बरबादी के शुरुआत का प्रतीक बन गया है |
आजादी की लड़ाई के बाद किसी भी आन्दोलन को इस तरह का जन समर्थन पहली बार मिला है ये लोकतंत्र के लिए शुभ संकेत है....इस आजादी के दूसरी लड़ाई के नायक बने अन्ना हजारे जी तथा अरविन्द केजरीवाल जी तथा इसके योद्धा बने मेरे जैसे लाखों लोग जिन्होंने अपना कीमती तन,मन व धन की आहुति देकर इस युद्ध को सफल बनाया ,बस अब जरूरत है इस लड़ाई के परिणामों के लिए सरकार में बैठे भ्रष्टाचारियों से लड़ते रहने की तथा इस लड़ाई के जज्बे को हर घर तक पहुँचाने की ...आप लोग भी देखिये इस लड़ाई को तस्वीरों की नजर से...
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| भ्रष्टाचारियों से भरी सरकार द्वारा जनता की ताकत से डरकर घुटने के बल चलकर जारी किया गया राज पत्र.. |
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रविवार, 3 अप्रैल 2011
CBI has accused Phatak and Tiwari
'Phatak's fate in PMO's hands'
Prafulla Marpakwar, TNN, Mar 16, 2011, 06.38am IST
MUMBAI: After the Centre granted permission to the CBI to prosecute former municipal commissioner Jairaj Phatak in the Adarsh scam, it has emerged that the Prime Minister's Office (PMO) may decide whether the IAS officer will be sent on leave or suspended. Phatak is currently on central deputation and his appointment as chairman and managing director of the Rural Electrification Corporation was approved by the cabinet committee on appointments.
"In view of the major embarrassment caused to the Centre by the appointment of the former central vigilance commissioner P J Thomas, the PMO will now not take any risk," said a senior central government official. "A decision on Phatak, whether he should be sent on leave or be suspended, will be taken after receiving a report from the CBI. The CBI report will be placed before the department of personnel and training, which comes under the PMO, for a final decision," said a senior central government official.
Tuesday's CBI raids on Phatak's residences sent shockwaves through high-ranking bureaucrats, since he was regarded as one of the upright and honest babus. A month ago, along with the residences of a section of office bearers of the controversial Colaba society, the CBI had raided the residence of former urban development secretary Ramanand Tiwari.
When the CBI registered an FIR against 13 people, including former chief minister Ashok Chavan, Tiwari and former Mumbai collector Pradeep Vyas on January 29, the CBI informed the special court that since Phatak was an officer of the rank of joint secretary to the Government of India, his role would be investigated after obtaining approval from the Centre.
The CBI has accused Phatak of granting permission for the final height of the high rise, despite not having such powers. The state government had constituted a high-rise committee, which is chaired by a retired high court judge. All proposals for buildings having heights of more than 70 metres are to be referred to the committee. In the case of Adarsh, the height was increased to 100.7 metres without prior permission from the committee, the CBI said in its FIR. "Phatak, as a municipal commissioner, illegally regularized the same without referring to the high-rise committee," the CBI submitted in its FIR.
It is alleged that Phatak misused his position as municipal commissioner to secure a flat for his son Kanishka. Phatak has denied the allegation, saying his son applied for membership in the society in 2003 and the same was approved by the government on August 24, 2004. At the time he was school education secretary. He was municipal commissioner from May 2007 to October 2009. He has said he acted as per rules.
Among the 13 accused in the case, only two, Phatak and Vyas, are serving officers. Subhash Lalla, who was member of the state human rights commission, has quit, while Tiwari, who was information commissioner, was suspended after refusing to quit.
Prafulla Marpakwar, TNN, Mar 16, 2011, 06.38am IST
MUMBAI: After the Centre granted permission to the CBI to prosecute former municipal commissioner Jairaj Phatak in the Adarsh scam, it has emerged that the Prime Minister's Office (PMO) may decide whether the IAS officer will be sent on leave or suspended. Phatak is currently on central deputation and his appointment as chairman and managing director of the Rural Electrification Corporation was approved by the cabinet committee on appointments.
"In view of the major embarrassment caused to the Centre by the appointment of the former central vigilance commissioner P J Thomas, the PMO will now not take any risk," said a senior central government official. "A decision on Phatak, whether he should be sent on leave or be suspended, will be taken after receiving a report from the CBI. The CBI report will be placed before the department of personnel and training, which comes under the PMO, for a final decision," said a senior central government official.
Tuesday's CBI raids on Phatak's residences sent shockwaves through high-ranking bureaucrats, since he was regarded as one of the upright and honest babus. A month ago, along with the residences of a section of office bearers of the controversial Colaba society, the CBI had raided the residence of former urban development secretary Ramanand Tiwari.
When the CBI registered an FIR against 13 people, including former chief minister Ashok Chavan, Tiwari and former Mumbai collector Pradeep Vyas on January 29, the CBI informed the special court that since Phatak was an officer of the rank of joint secretary to the Government of India, his role would be investigated after obtaining approval from the Centre.
The CBI has accused Phatak of granting permission for the final height of the high rise, despite not having such powers. The state government had constituted a high-rise committee, which is chaired by a retired high court judge. All proposals for buildings having heights of more than 70 metres are to be referred to the committee. In the case of Adarsh, the height was increased to 100.7 metres without prior permission from the committee, the CBI said in its FIR. "Phatak, as a municipal commissioner, illegally regularized the same without referring to the high-rise committee," the CBI submitted in its FIR.
It is alleged that Phatak misused his position as municipal commissioner to secure a flat for his son Kanishka. Phatak has denied the allegation, saying his son applied for membership in the society in 2003 and the same was approved by the government on August 24, 2004. At the time he was school education secretary. He was municipal commissioner from May 2007 to October 2009. He has said he acted as per rules.
Among the 13 accused in the case, only two, Phatak and Vyas, are serving officers. Subhash Lalla, who was member of the state human rights commission, has quit, while Tiwari, who was information commissioner, was suspended after refusing to quit.
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