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SC seeks CVC status report on ‘whistle-blowers’

Posted by ekavi on October 6, 2006

SC seeks CVC status report on ‘whistle-blowers’

http://timesofindia.indiatimes.com/articleshow/2100453.cms

NEW DELHI: More than two years ago, a direction from the Supreme Court on a PIL had forced the Centre to come out with an ordinance making the Central Vigilance Commissioner (CVC) the ears for whistle-blowers, in the wake of the murder of Satyendra Dubey.

And now, a Supreme Court Bench, comprising Chief Justice Y K Sabharwal and Justice C K Thakker, hearing the same PIL filed jointly by NGO Parivartan and Dubey’s father, has asked for the balance sheet from the ‘watch dog’ on the complaints received against corrupt officials.

In April 2004, the court as an interim measure, had agreed to the Centre bringing an ordinance to protect those raising their voice against corruption.

The ministry of personnel came out with the Public Interest Disclosures and Protection of Informers Resolution, 2004, under which CVC was the designated authority to look into complaints on corruption.

After hearing petitioner’s counsel Prashant Bhushan, the Bench asked CVC to prepare a report on the number of complaints it has received from whistle-blowers till date, and the action taken on them.

Bhushan then shifted focus on the CBI probe into the murder of Dubey, an IITian who was working as deputy general manager in National Highway Authority of India (NHAI), and supervising the Aurangabad-Barachatti sector of the Golden Quadrilateral project.

The NGO had alleged that he was shot dead in broad daylight in Gaya because he had written a confidential communication to PMO on November 11, 2002, alleging that trans-national companies bagged the highway projects at high costs and then sub-leased them to local contractors at low prices.

Counsel said the CBI chargesheet terming Dubey’s murder as a case of simple robbery draws suspicion of the common man, as to whether the reputed investigating agency conducted a shoddy probe, or is trying to hush up the matter.

After hearing his arguments, the Bench asked CBI to conduct an independent verification of the contractors who were engaged in National Highway Authority of India work on the Aurangabad-Barachatti sector, at the time of Dubey’s tenure.

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Posted in CVC, Uncategorized | 22 Comments »

SC seeks report from CVC on complaints by whistle-blowers

Posted by ekavi on October 1, 2006

 SC seeks report from CVC on complaints by whistle-blowers

Press Trust of India

New Delhi, September 29, 2006

http://www.hindustantimes.com/news/181_1809486,0008.htm
The Supreme Court on Friday sought to know from the Central Vigilance
Commission (CVC) about the action taken by it on the complaints
received about corruption from whistle-blowers.

A Bench headed by Chief Justice YK Sabharwal granted six weeks to the
CVC to give a detail report in this regard.

The order to this effect was passed during the hearing of a petition
filed by an NGO, Parivartan, which has sought special investigation
into the murder of Satyendra Dubey, an engineer of National Highway
Authority of India (NHAI), who was associated with the Golden
Quadrilateral project in Bihar.

After hearing the NGO’s counsel Prashant Bhushan, the Court also asked
the CBI to see whether verification of contractors involved in the
project during Dubey’s tenure can be done or not.

The NGO had not only sought investigation into Dubey’s murder but also
into the allegations of corruption.

Posted in CVC, Uncategorized | 1 Comment »

Contractor mafia not involved in Dubey’s murder: CBI report

Posted by ekavi on August 13, 2006

Contractor mafia not involved in Dubey’s murder: CBI report

http://www.indianexpress.com/story/10407.html

Express News Service

Posted online: Saturday, August 12, 2006 at 0000 hrs

NEW DELHI, AUGUST 11:The CBI has reiterated before the Supreme Court that there is no invlovement of any contractor mafia in the murder of NHAI engineer Satyendra Kumar Dubey. Instead, investigations had established that Larsen and Toubro, which was the main contractor for the road works, had violated contract conditions in sub-letting the work, it said.

‘‘During the investigation of Satyendra Kumar Dubey’s murder case, involvement of any contractor/mafia was not found. Investigations named four accused — Mantu Kumar, Udai Kumar, Pinku Ravidas and Shravan Kumar, all residents of Katari village in Gaya, Bihar. They were arrested and the CBI also recovered Dubey’s personal belongings and the weapon used in the crime on the disclosure statements of the accused,’’ the status report filed by CBI in court said.The report has been filed in response to a PIL seeking an independent Supreme Court-monitored probe into the murder.‘‘Accused Shravan Kumar gave full and voluntary disclosure about the incident and he has been made an approver and given pardon by the Chief Judicial Magistrate, Gaya,’’ the report said.The agency, however, claimed that it had found to be correct charges of sub-contracting as mentioned in the letter of Dubey to the PMO.

It said a case had been registered against S.K. Soni, former project director of NHAI, Koderma, and others on allegation of criminal misconduct for causing undue pecuniary advantage for the contractor, who sub-contracted the road construction work to unapproved and incompetent agencies against contract provisions.

Meanwhile, petitioner — Parivartan, an NGO — today opposed the report and said there was a total lack of progress in the probe and apparent lack of will to unearth the truth.

‘‘The CBI has deliberately let off the rickshaw-puller who was the sole independent eyewitness to the crime,’’ the NGO said in an affidavit. ‘‘CBI has concluded this was a robbery, when it has been clearly stated by the local police that robbery-related murders are almost nil in that region… The CBI has also ignored the statement by the SP that the evidences indicate very clearly that this was not a robbery,’’ it added.

editor@expressindia.com

Posted in Uncategorized, WB SKD | 1 Comment »

Power of RTI – Special Audit of Jalgaon Municipal Corporation (JMC)

Posted by ekavi on July 18, 2006

Power of RTI – Special Audit of Jalgaon Municipal Corporation (JMC)

 

http://right2information.wordpress.com/2006/07/18/power-of-rti-special-audit-of-jalgaon-municipal-corporation-jmc/

Due to several ongoing protests, PILs in court & finally the below RTI app (final nail in the coffin !), govt. has agreed to conduct a special audit of the JMC for the Gharkul scam. You may recall that this scam was blown by whistleblower, Shri Praveen Gedam (IAS officer) who registered an FIR against more than 90 corporators who are accused in this scam. Not surprisingly, he was transferred within 9 months from the post of Commissioner, JMC and posted as CEO, ZP, Latur.

The reply to this RTI app dated 11th July, 2006 is awaited, but action has been taken !

Kudos to RTI !

Relevant extract of RTI :

(iii) Description of information required :

Certified copies of information required, as stated below, including file notings, if any.

1) Whether the government has received any letter from the Municipal Commissioner, Jalgaon, requesting it to conduct “special audit” of JMC, as per the BLFA Act and section 108 of the BPMC Act?

2) If yes, what action has been taken by the government with respect to the above mentioned letter?

3) With respect to the above, kindly furnish copies of the file notings alongwith the dates, and the names and designations of the persons who have made these notings.

4) With whom (name and designation) is the file pending right now and since when?

5) If the file has been pending with any authority for more than seven days, what disciplinary action has been taken against them according to the government circular No Sankirna/1005/34/Pra. Kra. 38/2005/18 (Ra & Ka), Dated 17-04-2005

6) Kindly furnish the copies of audit paras from the audit report of JMC conducted by the AG, Mumbai between November, 2005 and January, 2006.

Rajesh Darak

Mera Bharat Mahaan…Nahi Hai,
Per Yeh Dosh Mera Hai

Posted in Uncategorized, WB Praveen Gedam | 1 Comment »

VICTIMISATION OF WHISTLEBLOWER SHRI S.D.SHINDE, ASSISTANT SECURITY OFFICER, MUMBAI PORT TRUST (MbPT), MUMBAI

Posted by ekavi on July 13, 2006

Please read the heart-rending story below :

VICTIMISATION OF WHISTLEBLOWER SHRI S.D.SHINDE, ASSISTANT SECURITY OFFICER, MUMBAI PORT TRUST (MbPT), MUMBAI

 

Shri S.D.Shinde, Security Officer, MbPT, Mumbai, is another example of an oasis in the desert of corruption. He was named as a chief conspirator for the thefts which he himself had exposed! He was arrested and put behind bars for more than a month by the corrupt police on the basis of statements of those very crooks whom he exposed!

 

Let us recall some of the noteworthy events portraying his disclosures and instances of his victimisation :

 

1)       Assisted the Assistant Director, Shri Bhimashankar, Directorate of Revenue Intelligence (DRI) in registering a case against a smuggler, Shri Chand and his associates in 1994.

 

2)       Exposed pilferage of imported oil between 1994 and 1997. A few of the accused were arrested and part of the oil was recovered, but the main accused remained scot-free. His confidential report got leaked to one of the main culprits, Shri Narsing Modi, who used it to file a frivolous defamation case against him. The then Dy.Chairman of MbPT, Shri R.R.Sinha provided tacit support to the culprit by refusing to defend his own officer. Finally, the court absolved Shri S.D.Shinde. His suggested preventive measure of arranging weighments inside the docks instead of outside was not paid heed to.

 

3)       Reported theft of chemicals (tetracycline) to the police in 1997 and the accused were arrested, but instead of getting a pat on his back, he was asked to explain his conduct by the then, Chief Security Officer (CSO) of MbPT, Shri P.R.Gaikwad.

 

4)       Blew the cover on illegal clearance of ship-stores & other materials from foreign-going vessels using forged documents from time to time by smugglers Shri Chand & others, between 1994 and 2003, but no concrete action was initiated by the authorities. The smugglers operated thru’ firms registered with MbPT. In 2004, a senior police inspector was arrested by the anti-corruption bureau, while accepting a bribe from one of the accused Shri Majeed, an associate of smuggler, Shri Chand.

 

5)       Discovered and reported a case of fraud in 1998, relating to import of machinery worth Rs.6 crores, involving undeclared & excess cargo. Despite hypothecation to SBI as a security against its loan, the MbPT auctioned it at a throwaway price of Rs.14 lacs only. Instead of nominating Shri S.D.Shinde for an award, the then Dy.Chairman, Shri R.R.Sinha issued him a show-cause notice, nine months later in 1999, asking him to explain his conduct!

 

6)       Caught Shri Sayyed Karim, red-handed, while trying to sneak out 150 gold bars valued at about Rs.70 lacs in 1999.

 

7)       Submitted confidential reports including photos, during end of 2002, on encroachments of illegal garages, service centers, vendors and parkings in the MbPT premises indicating connivance of MbPT & police officials. Once again history repeated itself. The Traffic Manager, Shri C.S.Murty, issued a memo to Shri S.D.Shinde.

 

8)       Soon thereafter in early 2003, he was chargesheeted on frivolous grounds such as for assisting customs & CBI (in violation of Customs Act, CVC Manual & Major Port Trusts Act) by his corrupt superiors in MbPT.

 

An entry was made in his annual confidential report (ACR), “The officer is very sincere but extra inquisitive”.

 

9)       In July, 2003, three containers loaded with imported cargo landed from Dubai at MbPT. Shri S.D.Shinde was transferred to the MbPT hospital before the said containers were opened and found empty. Soon thereafter, his entry in the cargo handling area of the docks was restricted by the Traffic Manager, Shri C.S.Murty & the CSO, Shri R.N.Shaikh of MbPT. To top it all, he was suspended in November, 2003, 10 months after being chargesheeted on frivolous grounds in January, 2003, as a result of an inquiry initiated in 1999! To the best of our knowledge no investigation has been done in this matter so far.  

 

10)   Even after suspension, he was not allowed to rest in peace. In July, 2004, another frivolous chargesheet was issued to him for doing his duty by visiting the offices of customs, police, head office, head quarters, vigilance department for follow-up actions or assisting them in their investigations as required by them.

 

11)   In February 2005, Shri S.D.Shinde submitted a well researched report on increase in theft & smuggling activities in the port area including theft of chemicals, bulk drugs, etc. by tampering with and replacing seals of loaded import / export container cargo under report of ‘shortlanding-seal intact but cargo missing’. He also furnished details of specific containers as well as names, addresses, etc. of some of the main history sheeters such as Barkat Ali, Paravej, Amarsingh Rajput (Tiger) who had connections with renowned smugglers such as Zia & Iqbal Mirchi. Atleast 5 FIRs were registered as a consequence of this report and another subsequent report by an importers’ association about short landing in 14 containers. Part of these events appeared as news in the Indian Express, Mumbai edition, dated 22nd March, 2005 and 29th May, 2005.

 

12)   The climax of this story is that a conspiracy was hatched against Shri S.D.Shinde by those very crooks who were involved in these thefts, with the connivance of other corrupt MbPT and police officials. Only some of those actually involved in the crimes were made accused & chargesheeted by the police, whereas many others with whose connivance the thefts occurred in the container yard   such as certain MbPT & police officials on duty, certain transporters and certain buyers of the stolen goods,  were simply made witnesses.

 

Shri S.D.Shinde who blew the whistle and reported these thefts (under the govt.’s resolution for protection of Whistleblowers) was falsely implicated by some such witnesses as a chief conspirator; as a result of which his anticipatory bail was denied and he was falsely arrested & chargesheeted. This is a classic example of ‘Ulta chor kotwal ko datey’. Shri S.D.Shinde was not responsible for guarding the area where the thefts occurred since he was posted as a security incharge of MbPT hospital till the date of his arrest. Also, he was down with jaundice, underwent treatment at the MbPT hospital and was on sick leave for almost 2 months during this period.

 

Who else could have been a better sacrificial goat than the chief impediment to the greed of the corrupt? They did not want him to reach their necks so they decided to cut his. If we feel he deserves to be encouraged, supported and protected we must do what the system has failed to do. What the MbPT bosses or the CVC or the Home Minister could not do – first pat him on his back and then help him fight for justice.

 

You may call him on (0)-98693-79577.


Rajesh Darak

Mera Bharat Mahaan…Nahi Hai,
Per Yeh Dosh Mera Hai.

Posted in Uncategorized, WB Suryakant D Shinde | 5 Comments »

Wipro to introduce `Whistle Blower Policy’

Posted by ekavi on July 7, 2006

Wipro to introduce `Whistle Blower Policy’
The company has already adopted an Ombudsprocess policy wherein it has established procedures for receiving, retaining and treating complaints received
Srinivas R
Monday, June 26, 2006

http://www.ciol.com/content/search/showarticle.asp?arid=85666&way=search

BANGALORE: Wipro Ltd is looking at strengthening its Ombudsprocess by introducing new Whistle Blower Policy. This will enable employees to raise their concerns about any malpractice, impropriety, abuse or wrongdoing at an early stage without fear of victimisation, subsequent discrimination or disadvantage.

Disclosing this in the SEC filing, the company said that it may establish a mechanism for employees to report to the management concerns about unethical behavior, actual or suspected fraud or violation of the company’s code of conduct or ethics policy. This mechanism could also provide for adequate safeguards against victimisation of employees who avail of the mechanism and also provide for direct access to the chairman of the audit committee in exceptional cases. Once established, the existence of the mechanism may be appropriately communicated within the organisation.

“The company has adopted an Ombudsprocess policy wherein it has established procedures for receiving, retaining and treating complaints received, and procedures for the confidential and anonymous submission by employees of complaints regarding possible violations of the code of conduct and ethics,” said company filings.

Under this policy, Wipro employees are encouraged to report questionable accounting matters, any reporting of fraudulent financial or other information to the stakeholders, any conduct that results in violation of the company’s code of business conduct and ethics, to management (on an anonymous basis, if employees so desire). Likewise, under this policy, the company has prohibited discrimination, retaliation or harassment of any kind against any employees who, based on the employee’s reasonable belief that such conduct or practice have occurred or are occurring, reports that information or participates in the investigation. “No personnel of the company has been denied access to the audit committee or its chairman,” said the company.

© CyberMedia News

Posted in Uncategorized | Leave a Comment »

SKD

Posted by ekavi on July 7, 2006

http://coverup2bungled.wordpress.com

http://coverup2bungled.wordpress.com

Posted in Uncategorized, WB SKD | Leave a Comment »

ONGC WHISTLE BLOWER SETHEE

Posted by ekavi on July 7, 2006

 K.K. SETHEE,
Superintending Engineer (Electronics & Telecom), ID no. 34113, ONGC Limited, 20-6-2006, Petitioner in writ petition (lodging) no. 1167 of 2006, Bombay High Court. Residential address for communications, C 1/ 23, ONGC COLONY, BANDRA RECLAMATION, BANDRA (WEST), MUMBAI-400050,

email: kksethee@gmail.com, skk2000skk@yahoo.co.in,

mobile no. 9821234760.

Recent Outbound Links

Recent links from ONGC WHISTLE BLOWER OFFICER part 2.

ONGC WHISTLE BLOWER OFFICER PART 2 in CONTINUIATION OF LAST POSTING

http://kks2000kks-2.blogspot.com/2006/06/ongc-whistle-blower-officer-part-2-in.html

ONGC WHISTLE BLOWER OFFICER PART 3 IN CONTINUATION OF PART 2

http://kks2000kks-3.blogspot.com/2006/06/ongc-whistle-blower-officer-part-3-in.html

Posted in Uncategorized, WB SETHEE | Leave a Comment »

Manjunath trial: Two witnesses turn hostile

Posted by ekavi on July 7, 2006

Manjunath trial: Two witnesses turn hostile
 
Express News Service

http://cities.expressindia.com/fullstory.php?newsid=191653
 
Lakhimpur Kheri, July 6: Two prosecution witnesses in the S Manjunath murder trial turned hostile today, retracting the statements that they had earlier made before the police.

One of them, Rajendra Singh, denied that he had heard gun shots on the night of November 19 last year, when Manjunath was shot dead. Rajendra’s house is next to the petrol pump were Manjunath was allegedly killed. He was cross-examined by the District Government Counsel, Chandra Mohan Singh.

The other witness who turned hostile today was Balwinder. However, prosecution lawyers claimed that they had successfully extracted the evidence from both the witnesses.The third prosecution witness who was produced today was R P Pandey, an employee of a hotel in Gola Gokarn, Alankar Hotel. He told the court that Manjunath had stayed in the hotel on the night of November 18. He said the victim had checked out of the hotel the next day, at about 10:30 am. He handed over hotel records to support his statement.

‘‘Pandey’s statement is an important evidence to prove Manjunath’s presence at Gola Gokarn on the day of his murder,’’ said I B Singh, one of the lawyers on the prosecution team.

S Manjunath, a sales executive with Indian Oil Corporation (IOC), was shot dead in Lakhimpur Kheri on November 19 last year. He had reportedly threatened to seal a petrol pump, Mittal Automobiles, at Gola Gokarn in Lakhimpur Kheri, for selling adulterated fuel.

The main accused is Monu Mittal, the son of the petrol pump owner. Police had earlier recovered empty cartridges from the petrol pump area. The others accused in the case are Harish, Rakesh Kumar, Vivek Sharma, Lalla Giri, Rajesh Verma, Devesh Agnihotri and Sanjay Awasthi.

Posted in Uncategorized, Whistleblower Points | Leave a Comment »

Wipro to introduce `Whistle Blower Policy’

Posted by ekavi on July 6, 2006

Wipro to introduce `Whistle Blower Policy’
The company has already adopted an Ombudsprocess policy wherein it has established procedures for receiving, retaining and treating complaints received
Srinivas R
Monday, June 26, 2006

http://www.ciol.com/content/search/showarticle.asp?arid=85666&way=search

BANGALORE: Wipro Ltd is looking at strengthening its Ombudsprocess by introducing new Whistle Blower Policy. This will enable employees to raise their concerns about any malpractice, impropriety, abuse or wrongdoing at an early stage without fear of victimisation, subsequent discrimination or disadvantage.

Disclosing this in the SEC filing, the company said that it may establish a mechanism for employees to report to the management concerns about unethical behavior, actual or suspected fraud or violation of the company’s code of conduct or ethics policy. This mechanism could also provide for adequate safeguards against victimisation of employees who avail of the mechanism and also provide for direct access to the chairman of the audit committee in exceptional cases. Once established, the existence of the mechanism may be appropriately communicated within the organisation.

“The company has adopted an Ombudsprocess policy wherein it has established procedures for receiving, retaining and treating complaints received, and procedures for the confidential and anonymous submission by employees of complaints regarding possible violations of the code of conduct and ethics,” said company filings.

Under this policy, Wipro employees are encouraged to report questionable accounting matters, any reporting of fraudulent financial or other information to the stakeholders, any conduct that results in violation of the company’s code of business conduct and ethics, to management (on an anonymous basis, if employees so desire). Likewise, under this policy, the company has prohibited discrimination, retaliation or harassment of any kind against any employees who, based on the employee’s reasonable belief that such conduct or practice have occurred or are occurring, reports that information or participates in the investigation. “No personnel of the company has been denied access to the audit committee or its chairman,” said the company.

© CyberMedia News

Posted in Uncategorized, Whistleblower Policies by Companies | 1 Comment »