Adarsh scam: Bombay HC seeks status report from Income Tax dept

Published: Wednesday, Nov 23, 2011, 20:10 IST
Place: Mumbai | Agency: PTI
The Bombay High Court today asked the Income Tax authorities to file a status report within four weeks on its probe into the finances of the persons who were allotted flats in the controversial Adarsh Housing Society.

A division bench of Justices Sharad Bobde and VK Tahilramani was hearing a bunch of public interest litigations regarding the Adarsh scam, where environmental and civic norms were allegedly flouted while granting certain concessions to the 31-storey skyrise in South Mumbai.

Praveen Vategaokar, who has filed a PIL seeking inquiry under the Prevention of Money Laundering Act into how the 100-odd members of the society financed the purchase of flats, pointed out that in six cases, the IT department closed the inquiry, without giving reasons.

The bench therefore asked the IT lawyer to produce a report on the probe, stating the reasons for closing the inquiry in these cases and status of the probe in others, within four weeks.

The six cases mentioned by Vategaokar include that of former IAS officer and MP, Shrinivas Patil.

A Mehta, the counsel of Simpreet Singh, another petitioner, demanded that the high court monitor the probe as CBI has not made any progress after taking over the case in February this year, barring filing six reports in the court.

He also stated that in a related criminal case, where CBI was probing missing of a file related to Adarsh from the Maharashtra Urban Development Department, no chargesheet has been filed yet, though three clerks of the concerned department were arrested.

Responding to the query by Justice Bobade on when the CBI is going to file the affidavit, its counsel DN Salvi said the agency would file final report/chargesheet in the missing file case within six weeks.

He said that statements of all the 43 officers who had handled the file had been recorded, and hard disks of three computers had been seized for examination and are sent to a private agency.

However, the division bench then asked why the hard disks were not sent to the Central Forensic Laboratory (CFL) at Hyderabad, Salvi replied that CFL needed at least six months to give the report.

"So as to expedite the matter, disks were sent to a private agency which is reliable," he said.

The high court, however, still asked the investigating agency to file an affidavit in this regard.

CBI has filed FIR against 13 persons, including former Maharashtra chief minister Ashok Chavan, in the Adarsh case.
Adarsh scam: Bombay HC seeks status report from Income Tax dept

RMS Volunteers

24 Nov 11
Dear Veterans,
I am happy to inform to you that two veterans have very kindly volunteered to take over the tasks which “REPORT MY SIGNAL” was carrying out earlier.
Those of you who wish to receive emails from these Volunteer Veterans should send their email ID to them:
1. For Signals’ Domestic matters only – Brig NK Dhand, Signals Veteran, email ID - nk.dhand(at)gmail.com
2. For all other ESM topics – The volunteer does not wish to disclose his identity and would prefer to work in an anonymous manner. However, I must inform you that the Veteran is very capable person and is looking after a major website of an important ESM Organisation. His email ID is - veteransindia(at)gmail.com
Those of you wish to be kept informed about ESM matters, should forward their email ID to the above Veteran Volunteer.
I would request all the ESM Organisations also to kindly keep veteransindia(at)gmail.com informed about all information pertaining to welfare of military veterans.
Thank you.
Regards.
Chander Kamboj

Johnnie Walker Addict- thank Indian Babus?

Johnnie Walker maker in India bribery bottle
SAUMITRA DASGUPTA
Mumbai, July 28: Diageo, the world’s largest liquor maker, has been charged by the US market regulator with paying bribes worth more than $1.7 million (almost Rs 7.5 crore) to government officials in India between 2003 and 2009 to push sales of its famed Johnnie Walker Scotch whisky.
The SEC investigators detected improper payments by Diageo worth more than $2.7 million to government officials in India, Thailand and South Korea — with more than 60 per cent of those illicit payments going to mostly small-time Indian babus.
In an order issued tonight to settle administrative proceedings against the liquor giant, the SEC said Diageo had made the payments to obtain lucrative sales and tax benefits relating to its Johnnie Walker and Windsor Scotch whiskies, among other brands. Johnnie Walker is the biggest-selling Scotch whisky brand in India.
Diageo has agreed to pay more than $16 million to settle the SEC’s charges.
Without admitting or denying the findings, Diageo agreed to cease and desist from further violations and pay $11,306,081 in disgorgement, a pre-judgment interest of $2,067,739, and a financial penalty of $3 million.
Diageo, which operates in 180 countries, has brands like Johnnie Walker, Smirnoff, J&B, Baileys, Captain Morgan, Tanqueray and Guinness in its product portfolio.
“For years, Diageo’s subsidiaries made hundreds of illicit payments to foreign government officials,” said Scott W. Friestad, associate director of the SEC’s division of enforcement. “As a result of Diageo’s lax oversight and deficient controls, the subsidiaries routinely used third parties, inflated invoices, and other deceptive devices to disguise the true nature of the payments.”
The SEC order says the Indian officials were responsible for purchasing or authorising the sale of alcoholic beverages in India.
The order said Diageo and its subsidiaries had failed properly to account for these illicit payments in their books and records. Instead, they concealed the payments to government officials by recording them as legitimate expenses for third-party vendors or private customers, or categorising them in false or overly vague terms.
In some instances, they failed to record them at all. Diageo lacked sufficient internal controls to detect and prevent the wrongful payments and improper accounting.
In India, the illicit payments were made through Diageo’s wholly owned indirect subsidiary called Diageo India Pvt Ltd, which is based in Mumbai.
The SEC investigators found that Diageo — through Diageo India — engaged in a “pervasive practice of making illicit direct and indirect payments to government officials through India to obtain and retain liquor sales”.
Between 2003 and June 2009, Diageo India paid an estimated $792,310 in improper cash payments through its third-party distributors to 900 or more employees of government liquor stores in and around Delhi.
Johnnie Walker maker in India bribery bottle

Widows Pension enhancement gets a nod from RM

Dear Colleagues,
The IESM has been pushing for an enhancement in the widows’ pension, similar to what was given in the case of our JCO/OR pensioners following recommendations of the Cabinet Secretary’s Committee. In this connection, a delegation of widows accompanied by some of us had met the Defence Minister on 14 November 2011. (Sitrep dated 15 November 2011 refers). The Minister had assured us of his help.
The Defence Minister telephoned me earlier in the day today and informed me that he has cleared the pension enhancement of widows from his Ministry. That is a good development. Earlier, to our communications, the Defence Ministry had been sending a negative response citing some technical reasons. However, the new development is only a battle won in the long war. In the past, the Finance Ministry has been a big obstacle. We have yet to see how they react this time. We will continue building pressure until the demand is met. As already stated in our memorandum submitted to the Defence Minister on 14 November, in case the issue is not resolved by end December 2011, the widows would take a big delegation to 10 Janpath.
Best regards,
Lt Gen (Emeritus) Raj Kadyan, PVSM, AVSM, VSM
Chairman IESM

Permanent Commission to Women Officers

Armed Forces were requested to prepare a comprehensive coherent policy paper on induction of Women, which has been submitted to the Ministry in August 2011. The policy paper has been considered by the Ministry keeping in view the role and responsibility of the Armed Forces in defending the nation and protecting the territorial integrity of the-country. Based thereon, a Government letter has been issued on 11th November, 2011 inter-alia laying down policy on induction and employment of women in Armed Forces as under:
(i) Women Officers may continue to be inducted as Short Service Commission Officers` (SSCOs) in Branches/Cadres where they are being inducted presently in the three Service`s
(ii) Women SSCOs will be eligible for consideration for grant of permanent commission along with Men SSCOs in specific Branches in the three Services viz. Judge Advocate General (JAG) and Army Education Corps (AEC) of Army and their corresponding branches in Navy and Air Force; Naval constructor in Navy and Accounts branch in Air Force, as specified in Ministry`s letter No:12(i)/2004-D(AG)Pt.Il, dated 26th Septembet,2008;`
(iii) In addition to the above, in the Air Force, women SSCOs will be eligible alongwith men SSCOs, for consideration for grant of permanent commission in Technical, Administration, Logistics and Meteorology Branches.
The grant of permanent commission will be subject to willingness of the candidate and service specific requirements, availability of vacancies, suitability, merit of the candidate as decided by each Service.
This information was given by Defence Minister Shri AK Antony in written reply to Shri Balwinder Singh Bhunder in Rajya Sabha today. PK/NN
(Release ID :77410)
Permanent Commission to Women Officers

Encroachments and Security of Cantonment Lands

Inquiry into NOC on IAF Land in Srinagar
On receipt of complaint a preliminary enquiry was conducted into the matter related to issuing of No Objection Certificate (NOC) on Air Force’s land in Srinagar. It was found that prima-facie there have been irregularities in the issue ofNOCs which may have wider implications. In order to get the matter thoroughly investigated and fix responsibility the Government have entrusted the enquiry to CBI.
This information was given by Defence Minister Shri AK Antony in written reply to ShrimatiHemaMalini in Rajya Sabha today.
PK /NN (Release ID :77400)
Inquiry into NOC on IAF Land in Srinagar

Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas
As per Governor General Order No.179 dated 12thSeptember, 1836, whenever a value of house, buildings or property exceeds Rs.5000/-, the sale can be effected only with the prior sanction of the Government.
Representations have been received and matter of raising the limit Rs.5000/¬- is under consideration.
This information was given by Defence Minister Shri AK Antony in written reply to Shri AvinashRaiKhanna in Rajya Sabha today. PK /NN
(Release ID :77407)
Need to Amend Provision Regarding Permission of C-in-C for Transfer of Property in Cantt Areas

Surging Inflation blow to Pensioners

Credit:numbeo.com
Updated Nov 20, 2011 at 11:21am IST
High inflation blow to Govt's credibility: Montek Singh Ahluwalia
Does the Government know what it is doing?
New Delhi: Deputy Chairman of the Planning Commission, Montek Singh Ahluwalia has said if inflation does not come down by the beginning of next year, it would be a clear that the government is clueless about how to tackle the rising prices. Speaking exclusively to Karan Thapar on the Devil's Advocate, Ahluwalia made it clear that it's not just the Opposition that is criticising the government.
He, however, maintained that the government is taking all steps to curb the rising inflation and said that it will come down by the end of this fiscal year.
Ahluwalia said,"The government is certainly worried about inflation. Its true that inflationary pressure is higher than what we had thought it would be. The RBI has taken a number of steps. It's too early to say its not having an impact. All the research shows that monetary tightening takes at least 3-6 months. Maybe by the end of the fiscal year which is really march 2012 you will see inflation coming down."
Ahluwalia said that the short-term forecasting of inflation is subject to error.
He, however, admitted that if the January data shows no decline in inflation, then it means that the government doesn't know what it is doing.
"It's absolutely true that we have been hoping that this would happen earlier and to that extent our credibility becomes questioned. We should recognise that short-term forecasting is subject to error. By February you will have the January data and if it turns out that inflation is not coming down by then than we really don't know what we are doing," he said.
IBN Live

Will the Bureaucrats improve or impede the Justice Delivery system?

National Mission for Justice Delivery and Legal Reforms
The Governing Council would facilitate implementation, give policy directions and oversee the work of the Mission and would be headed by the Minister for Law and Justice.
· The Secretary, Department of Justice would be the National Mission Leader.
· A Mission Directorate would be constituted to implement and monitor the various initiative / programme of the National Mission. It would be headed by an officer of the rank of the Joint Secretary who would act as the Mission Director.
· A tentative Action Plan has been drawn up which would of course be subjected to change once the Advisory Council meets to set out the agenda.
Read more Click link: National Mission for Justice Delivery and Legal Reforms

Comments
Laudable goals. Will a bureaucratic set up change or reduce delay in Justice delivery sytem for the common citizens? The legal tangle is a cobweb enacted for delays and culprits prey on conviction till litigant's or criminal's death occurs and white collar offenders hardly get to see the prison walls. Veterans are taken for a drive by Justice delivery system- The Rank Pay unpaid to the Military Officers by the 4th Pay Commission is one stellar case doing the rounds for almost two decades. One in his lifetime cannot hope to see any discernable promptitude, be it prosecution or seeking Justice.

Demand for seventh Pay Commission to beat runaway Inflation

Main Requirements Demanded from Seventh Pay Commission Report. Living in India surviving the high prices is getting impossible. So the Central government Unions and Associations will be soon coming out with requests for pay scale revisions in 2011.
Usually the Central Pay Commisssion is formed only in every 10 years. But , with the coming of the year 2011, India is in a situation where prices of most of the products needed in day to day life is increasing. Petrol, Gas, Grocery, Provisions, Food prices have gone up sky high. For instance in Chennai the Bus fares are up 100%, milk is up by Rs7 per litre and Electricity which cost Rs1030 for 600 Units will cost a whopping Rs 2350 (billed bi monthly)- just forget using AC otherwise the cost will shoot up by another Rs 5000/.
Government employees under the Central Government has started protests demanding hike in salary. Even though the time for the next Pay Revision Commission has not reached, the Central government employees have decided to ask for a 7th Central pay Commission to be formed. The main requirements that will be requested by the Indian Employee Unions from the 7th Central Pay Commission Report will be as follows,

Salary scales of employees in same posts in all departments should be fixed equally.

Current systems for Job Promotions and Salary increments should be changed to a better one.

Employees who work harder and has great performance track records in service should be paid better salary scales and given promotions , without leaving all promotions based on seniority only.

Appropriate changes should be made to allowances like HRA, TA, CCA .etc.

Transport and Traveling allowances should be renewed based on the current prices of petrol and diesel.
Demand for Seventh Pay Commission

Officer Crisis: Amusing comments on public domain

For what the officers will fight. For the corrupt, power hungry politicians, sycophant bureaucrats and corrupt police... will they deserve to be protected.
I remember a case when the wife of a Major in Indian Army died because of electtocution in the home they were given in the army area. The child a toddler touched her poor mother & died on the spot. Such is the poor condition of homes given to our officers. Will any parent want their children to join the Armed forces? Never.

The officers join the IIM or other B-Schools, and they enmerge as Toppers. Others are welcomed by the Top companies. So there is no incentive to join Indian army. When the filthy politicians are making Lakhs of crores of rupees and sending them abroad, don’t expect the people to join army and die for them

Fully agree with you frnd. I, myself is serving officer and can vouch for this. See the condition of accn in Cariappa Vihar or any where in Delhi Cantt and I am sure that now a days in Civil a fresher from any B school will live in better accn than ours.

Here nobody listen to junior offrs (Lt to Major), for adm and welfare they are on last priority but when it come to work in peace or ops in fd than every f…. col and above want that these junior offr should go and earn bread n butter for these red collar’s one.

India’s strength, my dear Sir lies in it’s utter chaos, corruption and lack of nationalistic feeling! I ask you, has any invader been able to successfully rule India, while retaining his own identity? In a few generations, all invaders from the Greeks to the Mughals fell prey to the Great Indian Mentality….became ensnared in our corrupt, venal ways…and therefore uniquely Indian! Only the British had the sense to retreat back to their Island shores….did they succeed? No, never. For we have followed them back to their lair, and today the national dish of the UK is a bastard version of our tandoori chicken and the stiff upper lip Englishman a fast disappearing species!
So revel in India... the unconquerable, the unruly, where Might is Right and never shall Truth Prevail!
Click here to read moreThe Indian Army’s Officer Crisis