Saturday, July 3, 2010

Can Tahelka investigate corrupt practices in promotion and postings in Banks

Government framed policy for posting of bank employees in Villages as also for posting in North Eastern States to promote rural banking and to help development work in rural areas and North Eastern states is more often than not misused. Whenever self interest of an executive is not served by an officer he issue transfer order for him for either remote villages or for critical branches located in North East States Obviously management of banks have always misused this excellent policy to discard non-flatterers and to torture those employees who do not indulge in corrupt practices and who do not implements bad orders of the executives.
RBI or any investigating agency on honest inquiry will find that some officers have been working in villages for two or three decades whereas flatterers of the top officials of the management have been allowed to work in Metros for decades together. When an officer do not provide gifts to General Manager, he is posted in North Eastern States on the plea of Non Performance whereas those who commit fraud or indulge in irregular credits but always provide golden gifts to GMs, DGMs, AGMs in the name of some function either of inauguration or customer’s meeting are allowed to remain in big towns.
Some officers are simply creating bad advances and some others are constrained to recover the bad advances merely to save the corrupt officers from punishment. This is why loans or advances become Sub Standard in one or two years of its disbursement. It is also a bitter fact that such bad advances are concealed by gifting Auditors and inspectors and treated as good advances till the sanctioning officer wither is promoted or get safe exit from the bank. Honest workers are made scapegoat for the misdeeds of big executives.. It is undeniably truth that excellent results exhibited through annual balance sheets are due to devoted work of good performers and it is they who are salvaging banks from the misdeeds of bad officers. As such shining balance sheet of a bank should not give conclusion that the results shown are hard work of top officials sitting in AC rooms but that of field workers who are head of a branch and who is doing hard worker even under acute manpower shortage. In banks manpower is adequately provided only to flatterers even if he has caused banks crores of rupees. Until RBI or CBI catch hold of corrupt executives and punish the evil performers and at the same time award those officers who have been whimsically kept away from promotions and unless good officers are given respectable posting and promotions one cannot imagine of any rise in intrinsic value of any bank
On the contrary PSU banks are facing erosion in intrinsic value due to dirty implementation of apparently good HRD policies. In the name of Interview any employee can be deprived of and denied of promotion. Power makes executive corrupt if the decisions made by them are not transparent and subject to review. Root cause of persistence and promotion of such corrupt officers is due to the bitter fact that even courts fail to provide justice in decades together and this is why management bosses indulge in whimsical promotions, arbitrary transfers and postings.
I request bank officers to send their personal experience and story of corrupt officers to me at dkjain49709@rediffmail.com so that such illustration may be incorporated in PIL to be filed in the court. These information will be helpful in seeking information from bank under Right to Information Act to expose the true colour of officers who have been holding top posts in the bank and who have been getting continuous shelter from Banking division, RBI and Ministry of Finance. The aggrieved officer may also send the real story about them, how they have been cheated by their bosses, how they have been denied promotion and how they have been given always critical posting. After all how long you will bear with injustice in fear of repercussion from higher authorities. One has to come out of imaginary fear and expose the true picture of bad officers. How long meritorious and talented officer will face humiliation and posting against their dignity.
I will come with name of AGM,DGM ,GM,CM and BM and tell the officer community and Government of India how reign of injustice prevails in the banking industry. I need your cooperation in making a strong case against some of CMDs who are recognized as star performers but under the shelter of such CMDs ,their left and right hand officers who themselves are facing CBI charge sheets are exploiting power for self interest.

Truth of Bipartite Settlement



"Asli Chehra" - TRUE FACE OF BANK UNIONS
Immediately after the settlement, most of the unions patted their back for the so called "historic settlement". Slowly as they started facing volley of questions from the members, they came out with various theories to justify their action, which included the so called legal opinion and IBA's stiff attitude which forced them to agree to recovery from only PF optees to the tune of 2.8 times of the November 2007 pay. An impression was being created by them as if they were not in favour the same till 26th April, 2010, but somehow they were cornered so much that they had to agree to the terms set by IBA. If that would have been the case, then they would not now oppose the petition pending in Madras High Court. That shows the double standards.
But soon the bankers will be able to see the "Asli Chehra" (i.e. True Face) of these union leaders. These union leaders will now not be able to beat around the bush and befool the members by shedding crocodile tears. They have to take a stand in the Madras High Court, as to whether they are in favour of payment by all employees / officers @ 1.6 times or they favour 2.8 times only from PF optees. Some of these unions have already been exposed. Let us see what does the market reports say as at the end of June, 2010.
It is reported that during the course of hearing of the case at Madras High Court, while opposing the interim stay granted by Madras High Court, advocates of IBA, and AIBEA and NCBE, requested for vacation of the stay. AIBEA and NCBE were represented by one of the top most firm namely M/s Aiyar & Dolia and wanted vacation of the interim stay on recovery of 2.8 times only from PF optees to be vacated. So the stands of these two unions are very clear now. They will be using the members’ funds (including PF optees) for payment to the law firms and fighting case against them. However, the Hon’ble Judge advised them to file their counter affidavits and Ordered continuation of the Stay Order. Next hearing has been fixed for 6th July 2010.
Vide circular No. 98 dated 29th June, 2010. AIBOC has declared "We are in constant touch with the IBA and the Convenor of UFBU, to initiate appropriate steps to vacate the stay, at the earliest, to enable IBA to issue necessary instructions to member Banks on the Pension offer". Thus, AIBOC is also likely to oppose the move and appears to be in favour of payment by only PF optees".
(Remember, the stay is not against the Pension offer or issuing circular by IBA, it is only against immediate recovery of 2.8 times of pay of November, 2007 from PF optees. )
The stand of other unions will also be clear within a week, as court in its orders says ""Notice to respondents returnable by 06.07.2010. There shall be an interim order of stay". (all major unions are respondents in this case). The reports indicate that NOBW may support the petition filed by Canara Bank Workers Unions. Similarly, BEFI may not oppose the petition of Canara Bank Workers union. The protest by INBEF has already been incorporated in the affidavit filed in the Court.
If the above reports are true, then 29th June 2010 would be regarded as a sad day in the history of trade union movement of Banking Industry. Souls of great leaders like Parawana Ji would be feeling really sad and dejected.
Till now they have been propagating that they have been forced by the circumstances and situation to accept contributory pension scheme in banking industry. They are giving so many logics and have been pleading as to why they could not make IBA agree to the Pension Scheme in its original form of 1993. We are unable to find any logical reason from Unions wherein it joined hands with the union of the Management i.e. IBA to defeat the efforts of bank employees.
Duniya ke Mazdooron ek ho - Duniya ke mehanatkashon ek ho ka naara laagene waale aaj majdooron ke khilaf hi Court main jaa pahunche.
TESTING TIME IS NOT FAR WAY NOW. NOW THESE UNION LEADERS WILL NOT BE ABLE TO SAY THAT IBA DID NOT LET THEM SUFFICIENT TIME AND CORNERED THEM SO SUCH THAT THEY SIGNED THE SETTLEMENT ON 27TH APRIL, 2010. THEY HAVE SUFFICIENT TIME OF OVER A WEEK TO DECIDE WHETHER THEY WANT TO PROTECT THE INTERESTS OF PF OPTEES OR WANT TO DO WHAT IBA IS SAYING.
It has also been reported that some Banks have issued strict instructions for payment of arrears to all the employees / officers by 30th June, 2010 or so, after keeping 2.8 times of the pay of November, 2007 in suspense account. This clearly gives an indication that banks are in a hurry to pay arrears so that they can deduct 2.8 times from the arrears of PF optees before orders of Madras High Court are delivered to them through IBA. In court they will take the plea that notice of stay was not received by them and arrears have already been paid. As Canara Bank has also rushed to pay the arrears today after keeping the 2.8 recovery in suspense, Canara Bank Workers Union is likely to give a strong protest letter on 1st July, 2010 at their Head Office. Canara Bank Workers Union has informed that they are proceeding to Bangalore to personally handover the letter along with a copy of the court order and get the acknowledgement.
Now all the bankers have to take a final call as to whether these union leaders are with the workers or are working against them. We know it is a difficult task as they have to eat their own words. They have issued number of circulars justifying as to why and how they were cornered to agree this changed stand on the night of 26th and 27th April, 2010. However, this is the time when they can correct the mistakes as PF optees have shared the burden of pension even in the last two Bipartite settlements (7th and 8th). This information is now shared by almost everybody (which was not known earlier to 99% of the PF optees).
The unions opposing the petition will be spending lacs of rupees in the legal battle. All this money can be saved if they simple say that we do not oppose the petition and are in favour of the same.
LET PF OPTEES DECLARE THAT THEY WILL QUITE THEIR UNION (WHICHEVER IT MAY BE) IF THEIR UNION OPPOSES THE PETITION FILED BY CANARA BANK WORKERS UNION AT MADRAS HIGH COURT. LET COURT DECIDE THE CASE ON MERITS.
(Inputs also by kamlesh.chaturvedi@yahoo.com; canara bank workers unions etc )







UPDATE ON THE ORDERS ISSUED BY VARIOUS HIGH COURTS AGAINST RECOVERY OF 2.8 TIMES OF NOVEMBER 2007 PAY
In order to ventilate the grievances of the employees, Writ Petitions have been filed in various Hon’ble High Courts.
(A)The First Writ Petition was filed before the Hon’ble Andhra High Court bearing number Writ Petition No. 8237 of 2010 where in Hon’ble Court has passed following orders:
“ORDER: Interim order dated 13-04-2010, to continue, subject to final orders to be passed in this WPMP. Any settlement also, shall be subject to final orders in this WPMP.
Post after Summer Vacation, 2010.”
(B) Writ Petition No. (C) No.3729/2010 has been filed before Hon’ble Delhi High Court, where Hon’ble Court has passed following Orders on 28.05.2010:
“Issue notice to the respondents to show cause as to why rule nisi
be not issued, returnable on 30.07.2010. Necessary steps be taken within seven
days.”
(C) Subsequently, Division Bench of Hon’ble Allahabad High Court while disposing Special Appeal No. 947 of 2010 passed following orders Orders:
“Issue notice.
Respondents are allowed three weeks time to file counter
Affidavit.
List thereafter”

(D) And now recently a Writ Petition bearing no. WP 12269/2010 has been filed before Hon’ble High Court of Judicature at Madras, in the matter of Clause No. 32 of the industry level Wage Revision Settlement dated 27.04.2010 and also clause (1) of the Pension Settlement of even date, seeking a direction from the Hon’ble Court to quash the above clauses only in so far as the said clauses require the provident fund optees now in service to contribute 2.8 times of the Nov 2007 revised pay, if they want to opt for the pension scheme.
Hon’ble Justice K Venkataraman, who heard the matter has ordered an interim stay and the next date of hearing, has been fixed on 06 July 2010. A copy of this order is enclosed.
From what is stated here in above, it is evidently clear that Clause 32 of Settlement dated 27.04.2010 and Clause (1) of Pension Settlement dated 27.04.2010 has become subject matter of judicial scrutiny by the Hon’ble Courts and Hon’ble Madras High Court has passed orders to stay the operation of these clauses.

Friday, June 18, 2010

Blame game on Anderson

It is not only Anderson only, but all VIP culprits are ignored and freed from clutches of all laws of land. Flatterers in all offices are invariably promoted and given respectable position. Posting and posting also works as promotion and on the contrary promotion sometimes acts as a demotivator. When all flatterers are holding top post anything can be managed on phone and ministers do not required to come in picture. One telephonic call is enough to make or mar one's career and hence every right or wrong instruction from boss is carried out by juniors easily even at the cost of lives of innocent people or safety, security, unity and integrity or even pride of the nation. This is why that even after lapse of 25 years, culprits of Sikh Riots of 1984 and Bhopal Gas Tragedy of 1984 are still roaming free. None of VIPs who were actually master mind in the greatest scam and scandal could be punished; it may be Bofors case, Chara scam, Ruchika-Rathore case stock scam UTI ghotala, stamp scam or any small case of fraud or misuse of HRD policies perpetuated at low level. It is ironical that good persons are made victim for ill works of bad person, it is the saddest part of Indian administration and Indian politics. When courts are incapable and dishonest, the scope of even justice from judiciary cannot be dreamt of.

It is not the systemic failure but it is the system prevalent in India. In India corrupt person get priority in all fields and honest and devoted workers are shunted out or placed at a critical and difficult place. Extradition of Anderson demanded by few politicians is not going to serve any purpose other than an attempt to befool Indian citizen once again. Political parties are blaming each other but none of them appears to be seriously sympathetic towards the pain of common men. We live in a country which is for rich people, by rich people and of rich people. It is rich man’s democracy

Rich and influential people delay the proceeding of court as much as possible to avoid decision and eliminate witnesses so that the case may become weak and ineffective. CBI more often than not weaken the presentation of the case when they get enough gifts in either cash or in kinds from the culprit or they get enough pressure from heavy weights ruling the country. In all big cases of political scam or administrative corruption or any scandal two and three decades are wasted in judicial proceedings in a very easy way and in a very casual and normal way. Indian courts usually deliver justice after two three decades. As such Bhopal gas judgment does not appear that much astonishing in India.

No doubt foreigners laugh at Indian style of functioning in all sphere and fate of big cases involving VIPs of the country. Such cases are either languishing in courts for last two or three decades or in such cases, actual culprits are acquitted or lightly punished.

Even Law minister shamelessly accepts that the justice is not only delayed but buried. Judgment on Bhopal Gas mishap has made it more crystal clear that any Indian cannot expect justice from Indian court until he has money and muscle power to build pressure on advocates and judges. And persons who are having money and muscle power have the capacity to mould the decision in their favour and unfortunately in such heinous task they get full fledged support from politicians, ministers and administrative bosses. Entire talks of judicial reforms going on in political arena for last two- three decades are nothing but Bakwas and it is politicians who are fully responsible for making mockery of Indian democracy as well as judiciary. Even PM admits the cancer of corruption but fail to eradicate it. President of India prefers to be deaf and dump and think it wise to remain silent spectator of Chirharan of Draupdi (innocent citizen) apparently to respect spirit of the Constitution.

It will not be untrue to say about Indian judicial system, that culprits become very happy when a case is lodged against them in any court. Police may be managed with some difficulty and after heavy payments but courts and even CBI people can be managed comparatively easily and comfortably .Judgments can be manipulated in collusion with advocates or heavy weights comparatively easily and more comfortably. Not only this even ruling political party get rid of public protests and hotshots from angry members of opposition parties once they sanction CBI inquiry or lodge FIR in Thana and lodge case in Indian court against any big criminal act or terror act. After all who is bothered of whether such CBI cases or CBI inquiry eventually proves to be futile exercise.

Danendra Jain
17th June 2010

Thursday, October 25, 2007

Tahelka Drama on AajTak TV as Agents of Congress Party

I strongly condemn the Promoters of Aajtak TV channel telecasted the TV show named ‘Operation Kalank’ narrating the story behind Gujarat riot occurred almost a decade ago. They claimed that they were just revealing the truth of the riot discovered by a private investigating agency named ‘Tahelka’.

They declared that they were not responsible for the contents and weak-minded children should remain away from viewing such scenes which contains devastating, heart-breaking realities of Gujarat riot. They further added that they were simply showing the truth because they believe in truth.

There are some truth which are not suitable for mass , for society and which are always considered better if the same remain as open secret .What benefits after all will general public get after viewing such half truth of the matter. A few statements by disgruntled individuals in jail added by pictures in store made a big story by the help of TP personnel in collusion with Tahelka people will have adverse impact on social peace and harmony. Such TV revelation will do nothing but add fuel to fire already existing in the country.

Then if the same story repeated on TV channel will do nothing but convert even a lie into truth for general mass sitting away from actual location of riot held in Gujarat .It will surely renew, reenergize, recharge and aggravate the public anger, poison their thought about the other community, and ultimately widen the already existing gap between the two communities.

Is it necessary to reveal such truth or show the same repeatedly?
Is is helpful to bring about love and affection between the two communities?
Will it help to penalize the actual guilty?
Will the court of India take cognizance of such dram picturised by Aajtak TV channel in prime time for hours together?

Why do they not telecast the truth of their own family, own bed room, own friends and own neighbors? Because they want to continue and maintain relation with them and live in peace with them so that they may mutually extend help to each other in case of need. They forget and ignore the mistakes, misdeeds and bad habits of own son and daughters because they believe that the grown up child will improve slowly and at his own. Even if a father views his son smoking cigarette or drinking wine he tries to move other side as if he has not seen him doing so. This is only because there are different ways to cure a bad boy but he can never be cured by repeatedly pointing out his mistakes and bad habits.

Similarly there are ways and means to bring about peace and social harmony other than revealing the truth in the way Aajtak TV telecasted yesterday. If such revelation could be placed as evidence they may be shown in a closed room in the court before the judges. They may be discussed before those specialized and responsible person of the community who can be expected to take the fact in right spirit and who may try to stop repetition the same story in future.

Lastly why not the channel tries to ensure that the facts are submitted before the competent authority and there is no repercussion on the society?
Other relevant questions also arise and create doubts on the integrity of the Channel itself.
What is the story behind Godhra carnage?
What had happened in India during Sikh Riot in 1984 which had occurred after assassination of Smt Indira Gandhi?
At that time also the government had allowed free hand to public as also police personnel to teach a lesson to Sikhs in general. That riot was also a riot in spontaneous reaction to murder of beloved Indira Gandhi same as Gujarat riot was in reaction to Godhra carnage when all passengers in a bogey of train were burnt alive.
Why did Tahelka not try to discover the story behind Sikh carnage of 1984?
Why Tahelka did not try to unearth the story of Bhagalpur riot held decades ago?

What happened to 1000 crore rupees Chara scam perpetuated and promoted by Lalu Prasad Yadav in Bihar during his tenure as Chief Minister of Bihar
.
What happened to Stamp scam involving 35000 crores of rupees?

Why not Tehalka try to discover the guilty which are lacs in numbers and which involves hundreds of ministers and officers?

In every block crores or rupees are given for the development of the block, villages and panchayats. Such aids, development fund hardly reaches in the hands of actually targeted class of people. Officers and brokers eat away 50 to 80 percent of such fund and it is an open secret. Even late Rajiv Gandhi had accepted the truth. Why not Tahelka reveals the story behind such large scale corruption prevailing in the offices of Government?

90 percent of IAD/IPS officers are involved in bad practices in collusion with MP/MLA’s and Ministers and growing richer and richer. What our vigilance departments and Anti corruption department are doing all the year. What for Tahelka is then?
There are frequent terror attacks conducted by terrorists sitting in foreign centers with the help of strong network established in India. Why not Aajtak tries to unearth the network of militants and terrorists being operated in Kashmir, North east states in particular and all states in general?

You say BJP MLA or VHP man admitted the truth during TV show and expect BJP to take action against the person. Have you even thought that so many criminals are already in the Parliament and different state assemblies only because they are getting support of one or other political party?
Person like AmarmaniTripathi become minister and continue to remain associated with one or other party and still a MLA (though in the last few days he has been punished of life imprisonment by the court).



All facts and questions mentioned above establishes the fact as also substantiates the doubt that Tahelka story is concocted, fabricated and a willful effort made by Congress Party stalwarts on the eve of Gujarat state election so that BJP may be defeated. And Aajtak is also playing in the hands of Congress Party VIP’s in disguise. Just before election if such stories are narrated one is constrained to have doubts on the integrity of the channel.

26th Oct. 2007

Danendra

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