The missing  of files  by Coal ministry  amounts to stonewalling  the probe by destruction of evidences. This amounts to contempt of  court. Importance of fair investigation stands universally diluted by the UPA-II. One trusts, the Hon’ble Supreme will,  ensure widening the scope of investigation by CBI to cover the missing files. The Search Committee constituted by the Coal ministry in the wake of SC’s indictment, is a charade. It met only once. The custodian of files in  coal ministry, has not been show-caused,let alone quizzed.No penalty has been awarded to those responsible for safe custody of records. The Office manual of GOI prescribes detailed guidelines on Record Management including file tracking within ministry and  other ministries. The role of PMO, Law and Coal, is under the cloud. The officers in these departments have not been quizzed ,till date.Is the CBI under presuure?This is what ,the Apex court would like to ascertain, to avoid travesty of justice. The nee
dle of suspicion clearly points to someone ,at whose behest, the  entire cover-up operation has been carried out. If the authority, extra-Constitutional or otherwise, is not identified and punished, the public faith in the democratic and Constitutional mechanism would be shaken irreversibly. Coal minister’s excuse that details of missing files could not be known as the boxes containing the relevant records,are stacked “vertically” and not “horizontally”, exposes Congress’s hypocricy and naivete. The solution is simple. Let the Coal ministry   register the FIR at police station of Delhi Police followed by CBI’s interrogation of  all officers of Coal, Law and the PMO (including PM’s aides),without regard to their status.

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September 1323

RANDOM THOUGHTS.

Today is a sad day for me. Can't share details. During my service career,I had occasions to meet scores of journalists including senior editors.I had mixed experiences- satisfying,not-so-satisfying and outright condemnable. Some journalists working on a 'beat' tend to lose objectivity and get sympathetic towards police officers, rather than citizens. Their job is to expose corruption and rot in the system. Some journos agree to cover genuine stories only on unethical and unmentionable considerations. Some masquerading as humane intellectuals only to execute agenda of ruling dispensations. Some Corporate lobbyists act as intermediaries between the political executives and business houses.They hire the services of retired Secretaries who would have easy access to serving bureaucrats holding key positions.They were paid handsome remuneration. How demeaning! All said and done ,I am proud of my F/B friends who have been in journalistic profession.They are honourable exceptions.

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All right thinking indians would fight for justice for former Army Chief ,Gen V K Singh. The government, run by the Congress coterie,is hell bent on destroying the fabric of indian army.The indian army, unlikethe ISI,supports DEMOCRACY and GOOD GOVERNANCE Regrettably,the presentArmy Chief has allowed himself to be manipulated by political masters. This never happened in the past. A section of Media specialises in creating fear psychosis at the behest of the ruling dispensation.First,the news of staging a coup in Delhi by Gen V K Singh;Second, the stand off between the CBI and the IB. And,now, sensationalising the manufactured news of toppling J&K Government by former Army chief ! What an absurd and crude style of functioning by the DIRTY TRICKS DEPARTMENT OF THE CONGRESS !!! The weak,inert PM, is good but good-for-nothing. Since the 'Board of Officers', has no legal sanctity, it would be presumed to be subjective in giving its biased recommendations.It is not like the 'Court of Inquiry',whose proceedings have statutary sanctions. One suspects the hands of arms dealers lobbies and unscrupulous Congressmen, who could be behind this mischief for getting cheap political gains. This Cannot be ruled out. The political executive is sensationalising the non-issue by selectively leaking the BOO's report to cover-up its own sins. Let there be a transparent enquiry by the CBI to be monitored by the Supreme court. Let its outcome be released within a month, well before assemblies' elections. Let the government supply information in response to RTI application filed by Gen V K Singh. I am sure,it won't part with the information, citing national security and/or the matter being under investigation.

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The re-constructed coal gate scam files may not stand scrutiny in the court of law. The ruse seems to have been floated by the political class to hoodwink the public. Vested interests are active. The Media failed to see through the game. This column is a wake-up call in a super sensitive case like the Coalgate Scam. There is a reference to GOI Compendium on re-construction of missing files. Fair enough. But, the suggestion may not work in court matters. Complete reconstruction of missing files is impossible. Worse, the re-constructed files will always be scanty or incomplete with little or no evidentiary value. While the “Correspondence” portion of files could be recreated to some extent with photocopies collected from different sources. It is common practice in the PMO not to retain photocopies of communications received. These are merely forwarded to ministries concerned for action. The PMO, more often than not,works by receiving and giving oral directions .The position tu
rns bizarre when the PM doubles as  Coal minister.
Another point. The most important part of a file is the “Notes” portion carrying signed directions of competent authorities and observations of lower bureaucracy. Once lost, how these could be retrieved. One wonders whether the office of C&AG (as suggested in these columns)would be able to supply authenticated copies of “Notings” from all Coalgate scam related missing files. In the absence of “unethical orders” in  file notings, how could  chargesheets be framed against the offenders by  CBI for court’s approval ?Even if filed,it will be weak, liable to be rejected due to legal infirmity.
Consider the legal aspects. Jurisprudentially, an accused is presumed to be innocent till found guilty by a competent court. In giving its verdict the court will give “benefit of doubt”  to the coalgate scamsters  due to absence of material evidence. Will India’s tax payers allow the coalgate scam suspects to get acquitted and go scot free? This will be a travesty of Justice. Let us not get trapped.

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DOP&T’s order allowing medical treatment abroad to officers of IAS,IPS and IFoS , is criminal waste of foreign exchange defying logic in the face of rising fiscal deficit, and depreciating rupee value. The demands for strengthening public health care in India was rejected by the Planning Commission citing budgetary constraints. How do funds become available now for officers of three Services? Superspeciality hospitals have been set up in India by leasing costly public land to private sector at through away prices. It was hoped that this would save the country scarce “foreign exchange” so that people could secure world-class medicare at home. India is a hub for medical tourists and earn foreign exchange.All other Civil Services Officers associations must protest against discrimination causing heart burnings. A PIL would solve the problem.

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The Prime Ministerial candidate must be one with grass root political experience who should be down-to-earth, honest , incorruptible , endowed with religious tolerance , possessing effective communication skill, decisive ,assertive, pro-active, transparent, who could lead the country by examples. He should not suffer from religious ‘minority’ or ‘majority syndrome. A statesman who could handle China and Pakistan, take decisions on merit in country’s best interests, uninfluenced by party’s high command, has respect for Judiciary and the Fourth Estate. And, last but not the least, he should be capable of punishing the scam tainted, corrupt politicians and bureaucrats

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While, backing Rahul Gandhi as ideal choice for PM’s post, Dr Manmohan Singh added: “ I would be happy to work for the Congress under Rahul Gandhi’s leadership”. How disgusting. What else, is he doing at present? Hoping for the best is one’s fundamental right.And,so is his wish for return of UPA-III. While, confirming Rahul’s potentials as PM is subjective, the wish to serve under him reflects his loyalty to Nehru-Gandhi dynasty. Will he swap position with the Congress Yuvraj as part’s Vice President? By bringing disgrace to the high office of PM,he will be remembered as the most faithful slave in World history.

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Coalition government is a norm and coalition politics is here to stay. In case, UPA-III, the PM would be handpicked from amongst those who are the “least controversial” and the “most pliable”.In view of latest endorsement of Manmohan Singh in favour of Rahul Gandhi,there would surely be a wild-card entry by this descendant of Nehru-Gandhi dynasty. Qualities of head and heart are important. Manmohan Singh is “English speaking”, “academician-turned politician” with “clarity in thought”. A good man though, but, good -for- nothing PM. Look at the mess, he has created by being remote controlled by the party supremo. Farooq Abdullah’s overt support for Rahul Gandhi as the PM material ,cannot be taken at its face value. No wonder, the coalition compulsions could force him to join the NDA in lieu of a Cabinet berth. Allama Iqbal’s following immortal words are relevant: “Jamhooriat ek tarzey hukoomat hai ke jis main, bandon ko gina karte hain, tola nahi karte!”

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The following pro-active steps need be taken by GOI:-- (a)Cut flab of bulging government bureaucracy; (b) Ban on re-employment after superannuation; (c) Drastic reduction of domestic and foreign tours by government officers; to be permitted in exceptional circumstances only ; (d) Gold price is falling in international markets. As rupee appreciates, it will soon start falling in India. The public must be discouraged to buy gold now through awareness programmes; (e) Total ban on inaugural and stone laying ceremonies of new projects and schemes by political executive and other dignitaries; Ministers often gravitate to their constituencies for no reasons at public cost.This must stop. (f)Ban on transfer of central PSUs’ manpower, vehicular supports, mobiles and other freebies to ministerial officers; (g)20% cut in budgetary allocations of ministries on POL and travels for the rest of financial year2013-14.

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THE PROVISION FOR LODGING A MINOR CONVICT IN SPECIAL HOMES UNDER THE JUVENILE JUSTICE ACT (JJ ACT) IS AN EYE WASH. THE JUVENILES MUST BE AWARDED STRICT PUNISHMENT AS AVAILABLE TO ADULT CRIMINALS FOR COMMITTING SIMILAR CRIMES. CONSIDERING THE POOR AMBIENCE IN "SPECIAL HOMES", THE JUVENILES ,MORE OFTEN THAN NOT,GROW INTO HARDENED CRIMINALS TO COMMIT MORE HEINOUS CRIMES. AMENDMENT TO JJ ACT , IS CALLED FOR. LET THE LAW MAKERS TAKE LESSONS FROM THE PAST,KEEP THE POPULAR SENTIMENTS IN VIEW,WHILE SEEKING DRASTIC AMENDMENT TO JJ ACT. s LET NO ONE COMPLICATE THE ISSUE UNDER PRESSURE OF VESTED INTERESTS.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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