Saturday, October 19, 2013

235. The Bureaucrats

235


ABOUT NON PUBLIC ORDERS

     A Supreme Court of India Bench comprising Chief Justice P. Sathasivam, and Justices Ranjana Prakash and Ranjana Gogoi, on 8 October 2013, ordered the government and the Public Sector Undertakings (PSUs) to reserve 3 per cent of their jobs for the disabled.
     Thus the judges fulfilled their desire for prestige and appreciation. The disabled might remember them for a long time.

     A Union Minister, Mr. Veerappa Moily, on 8 October 2013, travelled by the Metro rail to reach his office at Delhi, in an effort to save fuel.
     He had helped buy 3000 tonne of gold at $1800 per ounce. Now the price is about $ 1300 per ounce. But there is no money to buy. Thus India lost about 1500 tonne of gold.
      The importance of this could be gauged from the fact that the Government of India under Mr. Chandra Sekher managed to bail out India just by pledging about 100 tonne of gold.
    Therefore, he should not travel by the Metro rail but roll on the roads.

    Chief Justice of India P. Sathasivam, on 10 October 2013, substituted Justice G. S. Singhvi by Justice H.L. Dattu in the 2G Bench.  Thus, the new Bench comprises Justices H.L.Dattu and K.S. Radhakrishnan.
    It may be recalled that the industrialist, Mr. Sunil Mittal, had approached the Bench for relief in the 2G case and Justice G.S. Singhuvi had wanted to stay the proceedings in the 2G Special Court without actually issuing a stay order.
   
    The Central Bureau of Investigation (CBI), on 15 October 2013, registered  First Information Report (FIR) against Aditya Birla Group chief Mr.Kumaramangalam Birla and former coal secretary Mr. P.C. Parekh in the coal allocation case.  
      The CBI said that the competent authority approved the allocation.
      The Director, CBI, said that the agency was following the guidelines of the Supreme Court. 
    Mr. Parakh said that he recommended Mr. Birla only at the instance of the Prime Minister of India. He said that there was no conspiracy. He added that Prime Minister Manmohan Singh was the final decision maker and asked the CBI to tell the reason why he was not included.
      He clarified that the Prime Minister of India was the competent authority.
     Actually, the Union Cabinet did not take any decision – to the knowledge of the people- to make any minister the competent authority for executing any decision.
    At the same time, the CBI raided six offices of the Hindalco and seized Re.25 crore unaccounted money besides retail invoice of gold coins totalling Re.94 lakh.
    After retirement,  Mr. Parekh became the Director of the Navbharat Power. This private company won Rampia Coal Block in the Odisha State after he joined it in 2007.
    "He who has once lived by robbery will always find pretexts for seizing what belongs to others". This is what Machiavelli  said.
   But in India, many reacted to the robbery as given below.
       Union Minister Anand Sharma descried Mr. Birla, Mr.Tata and Mr. Ambani as ionic figures respected all over the world and their integrity could not be questioned. He deplored that vilification alone was taking place in India. He added that the FIR sent a wrong message to the foreign investors.
    Coal Minister Sri Prakash Jaiswal cautioned that the FIR would prevent the bureaucrats from working.
    Corporate Affairs Minister Sachin Pilot talked in a similar way.
    A former coal secretary, Mr. Sharma, said that a distinction must be made between decisions taken in good faith and mala fide decisions.
   A former Cabinet Secretary, Mr.T.S.R. Subramonian, said such actions would stop others from taking decisions. He added that he used to meet 10 business men, 10 bureaucrats and 10 politicians every day.
    Federation of Indian Chambers of Commerce and Industry (FICCI) president Naina Lal Kidwai said that the FIR would dent the national psyche and dampen investor confidence.
     The HDFC Chairman, Mr. Deepak Parekh, said that the biggest fraudsters went scot – free and the innocent harassed.
    The Confederation of Indian Industry (CII) said that the action should not jeopardise the reputation of institutions and individuals.
    Many other businessmen said that that it was becoming impossible to do business in India. They warned that the creation of an atmosphere of fear was not desirable.
     The Mint considered the FIR as a selective one. It said that the CBI connived at many other serious cases. It cited: 1. Tata Teleservices was benefitted in the 2G spectrum allocation, but the auditors ignored it because Mr.Tata was involved.
    2. The CBI did not even calculate the tax dues of a stud farm owner or his unaccounted money.
  3. Many unheard - of companies that were allotted mines had links with some politicians.
      Finally, Prime Minister Manmohan Singh stood by Mr. Birla and asked Union Minister Mr. P. Chithambaram to assuage his feelings.
    There was no indication of anyone approaching the Supreme Court for relief.
    In this connection, it must be noted that the miners fill the very top position of President of India, cabinet members, bureau heads, heads of committees and even judges.
    Therefore, the bureaucrats in India tend to obey them blindly,    
     However, as the Public Sector Undertakings (PSUs) are better suited for the prevention of exploitation, the report of the committee headed by Mr.Parekh is a correct one.
   He should have steadfastly refused to comply with the non public order of Prime Minister Manmohan Singh.
   In this way he could have saved him.
   If Mr. Parekh had not received any favours from any one, he would have escaped.
    Notwithstanding the way one adopts to become the Prime Minister of India, it must be firmly stated that the Prime Minister of India is not a servant of the private parties but a public servant.
     His job is not an opportunity to strengthen his position but to serve the public.
     He cannot sit in a cave and issue secret or non-public orders in private interest.
     His every order- even if it enjoys the backing of the Union Cabinet- must be a public one. Then even the illegal orders could be construed as the orders issued in good faith. He could always say that he did everything with the knowledge of the people.
    In fact, had the people been given FREEDOM to know such orders, at least the present writer would have tried his level best to save the nation from the present disgrace.
          The bureaucrats also are public servants.
     A bureaucrat cannot use non public information to further his own private interest.
       His job also is not an opportunity to obtain a post retirement position in the government or in a private company but to serve the public. But he – just like Prime Minister Manmohan Singh- used his non- public information for his benefit and for the benefit of some others.
    The learned judges of the Supreme Court are also public servants.  They shall not use their position to further their private interest. In fact, they must be ready to lose some benefits.
        Now, they must expose all non-public orders of the Government that led to the denial of Freedom and alienation of the resources of the public.
      
      A Supreme Court of India Bench comprising Justices G.S. Singhvi and V. Gopala Gowda, 17 October 2013, described the so-called Radia tape as deep rooted malice and ordered investigation over 14 conversations. Curiously, one of the conversations pertains to a Chief Justice of India.

    A Supreme Court Bench comprising Chief Justice P. Sathasivam and Justice Gogoi heard a Public Interest Litigation (PIL), on 17 October 2013, and questioned the curbs on news broadcast on private FM radio. The government was directed to respond within four weeks.
  Chief Minister of Odisha Mr. Naveen Patnaik, on 17 October 2013, said that he had requested the Prime Minister to give the ore to the Hindalco.
    All chief ministers have been conniving at the mining activities. In return, they have been accepting money or political power. Some readily accept both and pretend as the champions of the poor.
    As he did not want his government to take the mining work directly, his action was to strengthen his position.
   Now, the Supreme Court must examine his assets.
   Similarly, according to some reports, many got mining licences based on the recommendation of the Congress party.

    Jammu and Kashmir Chief Minister Mr. Omar Abdulla, on 17 October 2013, said that the faith of the people in the justice delivery system was fast eroding.


      The CBI, on 17 October 2013, arrested former Tourism Minister of Karnataka and BJP MLA Mr. Anand Singh for supplying illegally mined iron ore to two trading companies. He had been in Singapore to evade arrest.
    Another former minister, Mr.Janardha Reddy, and some others are still in jail.
    But no court wanted to know the modus operandi of selling the ores or the method of remittances.
    Mr. N. Santosh Hegde, a former judge of the Supreme Court, on 18 October 2013, said that over 7.7 million tonne of iron ore had been illegally exported from Karnataka alone. He did nothing during his stint in the Supreme Court.
    It is clear that an international black market exists for the minerals.
   It must be noted that the miners in their initial stages do not hesitate to give, say, Re. ten crore to buy a property worth Re. one crore.
   In contrast, a judge of the Supreme Court of India cannot buy five cent of land in a city using all his earnings.
   Then the miners park the money in other countries and call it private money.
    After that they invest in various entities. They infuse about 10 per cent from banks or stock market as a show.
   These people flourish and all others – barring a few exceptions - perish due to interest burden.
   Therefore, it is not a question of jail or bail but a question of taking the revenue of the government for the well being of the people.
     If the assets of the miners are private assets, the Supreme Court must protect them.
   If their assets are public assets, the Supreme Court must invade them.
  Further, it is evident that greater illegalities exist in other ores than in coal.
    Therefore, all minerals come under one class and the Supreme Court must direct the government to undertake all large scale mining works directly.
   If the views of this writer are not newsworthy, the Supreme Court of India must obey this writer and make public all other points that are not acceptable.

          The facts from 8 October 2013 to 18 October 2013 are being submitted to His Excellency the President of India, Supreme Court, Chief of Indian Army, Chief of Indian Air Force, Human Rights Commission and the Chief Vigilance Commission simultaneously on 19 October 2013 through email for necessary action.
       V. Sabarimuthu
26-3 Thattamkonam,Vellicode, Mulagumoodu PIN: 629167
Tamil Nadu State,
INDIA
Phone: 04651275520. Mobile: 9486214851
19 October 2013


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