Year 2012 was most tough year of my life, seen roller coaster with difficulty angle of 360 degree, may god do justice with India
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Monday, December 31, 2012
Saturday, December 29, 2012
Haryana Losing Thousands Crores by Not Publishing Gazette Notification for Controlled Area in Jhajjar District
Chandigarh (I-Haryana News): Haryana Government has lost thousands
Crores Rupees Revenue and is still losing because of not publishing
deliberately, the government notification to declare Luhari Village land
(a village of Jhajjar situated adjacent to Gurgaon), a controlled area
under the Punjab Scheduled road Act 1963 for last 12 months by The Town
and country Planning Department even after approval of Chief Minister
Office.
Intelligent
Haryana News Research team investigated and analyzed the information
received under Right to information Act and from its sources regarding
huge loss to public exchequer by not publishing government notification
for last 12 months for best reasons known to senior Bureaucrats heading
the most lucrative department of present Haryana Government,” The Town
and country Planning Department”.
Copies
of information with IHN research team revealed that even after all
approvals and permissions from top level, Chief Minister Office to the
state law department the notification to declare Luhari Village land as a
controlled area is being withheld by department since December 14, 2011
to till date.
Due
to this act of omissions committed by then Director General of Town and
country planning department, Mr. T C Gupta, IAS and his team has caused
loss of thousands cores of rupees to the state exchequer as the village
Luhari has around five thousand acres land under its jurisdiction,
which as per this Haryana government gazette notification was to be
notified as controlled area and could fetch license fee, conversion fee
and Change in land use fee amounting over thousands crore to public
exchequer.
Land Details
|
||||
District
|
झज्जर
|
Tehsil
|
झज्जर
|
|
Village
|
लुहारी
|
Jamabandi
|
2005-2006
|
|
Land Detail
|
||||
Total Patti
|
5
|
Total Khasras
|
5385
|
|
Total Kanal
|
31329
|
Total Marla
|
16
|
|
The
private real estate companies like the Oris Infrastructure Private
Limited, Bluestar Buildcon Private Limited and some others have
purchased huge chunk of Land in Village by taking advantage given by
Town and country planning department.
These
companies are developing private colonies and big warehouses by evading
license fee, conversion fee and Change in land use fee amounting over
thousands crores and many more are in queue to join this Public
exchequer loot offer by the department whose primary job is to plan town
and country side of Haryana.
The
story of Public Money loot begins with Meeting of Mr. Harish Mehta,
Director of Dutch Haryana Business Consortium with then Director
General, Town and country Planning Department, Mr. T C Gupta on April
21, 2011 which reveals the true tale of working of Town and country
planning department.
Mr.
Harish Mehta, Director (India Affairs) of Dutch Haryana Business
Consortium, a company who had remained in news for developing 500 acres
European Technology Park in eco sensitive zone of Aravali Hills courtesy
Haryana State Industrial Infrastructure Development had met then
Director General, and submitted his written proposal for developing a
residential project of 300 acres in Village Luhari.
After
receiving proposal from Mr. Harish Mehta, Mr. Gupta sought status of
land in question. The department officers intimated Director General
(TCP) that the land on which Mr. Mehta desired to develop a residential
project falls under No Objection Certificate zone (means person requires
no permission from government to develop the area).
On
May 23, 2011, Chief Coordination Planner (NCR) ordered telephonically,
District Town Planner, Jhajjar to send a proposal to declare Village
Lohari land a controlled area immediately.
In
Response to above, Senior Town Planner (Rohtak) vide his official
letter number 1746 dated 30/06/2011 recommended and sent proposal
prepared by DTP Jhajjar regarding declaration of Village Luhari land as
controlled area which was examined at Director General office for more
than one month.
On
August 11, 2011, CCP (NCR) Mr. BBL Kaushik opined on proposal that, “As
per proposal received from DTP Jhajjar the proposed controlled area
(village Luhari controlled area) is located near the boundary of
district Gurgaon on Gurgaon-Pataudi Road. The area is more prone to
unauthorized constructions. Therefore, looking its location and nearness
to Gurgaon if agree the controlled area proposal along with schedule of
boundary (Hindi and English version) submitted for obtaining
in-principle approval of the Government Please.”
After
reviewing the opinion of his CCP (NCR) for 19 days then Director
General Mr. T C Gupta agreed on proposal to declare entire revenue
estate of village Luhari as controlled area and signed the proposal, and
sent the file to the then Financial Commissioner, Mr. Sandeep Singh
Dhillon to get government in-principle approval, who after three days of
receiving the proposal, sent file to Rao Dan Singh, Chief Parliamentary
Secretary (Town and Country Planning & Education).
Rao
Dan Singh, who is considered close to Chief Minister, took 16 days to
send file to Chief Minister Office, where it was got Chief Minister’s
Approval (Mr. Chattar Singh, Principal Secretary to Chief Minister,
signed on behalf of CM) in just two days, as they were waiting for this?
Then
Director General Office asked DTP Jhajjar to send original draft of
controlled area Luhari which it had received by November 23, 2011, and
draft proposal was sent to Office of Legal Rememberer and Secretary, Law department for vetting through office of Financial Commissioner Office on November 28, 2011.
The Law department vetted the draft notification under sub section(1) of section 4 of the Punjab Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act 1963(Punjab Act 41 of
1963),(Hindi and English) submitted by Town and Country planning
department, and sent back the draft notification to department for
further necessary action on December 2, 2011.
The
Journey of declaring village Luhari Land as controlled area, which had
started with proposal of Mr. Harish Mehta of Dutch Haryana Business
Consortium (DHBC) to develop a Residential Project in Village Luhari,
seem to be completed but all of sudden something extraordinary has
happened which lured or forced then Director General Mr. T C Gupta to
withheld the approved file which was ready for publication by controller
Printing and Stationary Department, Haryana on 17.12.2011,Mr. Gupta
instead of ordering printing of notification in government gazette put query on file by Asking the
percentage of control area in the district after addition of this new
control area, which he should have asked before taking approval from
government( Chief Minister Office).
Sensing
the hostile mood of her boss the then DTP (NCR) Mrs. Gurmeet Kaur asked
DTP Jhajjar to send information sought by Mr. Gupta immediately.
As
soon as DTP (NCR) sought information asked by DGTCP the whole
department including STP (Rohtak) and DTP Jhajjar who were earlier
wholeheartedly working for converting the village Luhari land as
controlled area took U-turn and started working to create hurdles in
executing the same by lamenting shortage of staff due to which they
could not monitor Jhajjar district controlled area.
When
IHN Research Team visited Luhari village to gauge the field reality of
area under question, the team found huge construction activities in
area.
Village
Luhari Sarpanch, Mr.Bir Singh while taking to IHN team expressed his
ignorance about the move of District Town Planner to declare his Village
entire land as a controlled area, which is very strange and serious
lapse in part of Town and country planning department that did not
thought to consult Village panchayat whose entire land it was going to
declare as controlled.
Mr.
Ravi Sharma, a prominent lawyer, Punjab and Haryana High Court while
taking to IHN stated that article 243D of constitution of India makes
mandatory role of Panchayats and PRIs representatives in district
planning, and not involving them while planning for their own village is
a gross violation of Constitution of India.
Further,
investigation revealed that Town and country planning department had
not only kept the move to declare Luhari village as controlled area
secret from Village Sarpanch but also from deputy commissioner of
Jhajjar , who while writing D O number 87/PA dated 13/2/2012 to then
Financial commissioner (Town and Country planning Department), Mr.
Sandeep Singh Dhillon(Instead of Director General) to approve the
proposal of District Town Planner, Jhajjar dully recommended by Senior
Town Planner, Rohtak to declare land of Village Dulina,Khiloi Khass,
Shojipur and Aurangpur vide memo number 2933 dated 15.12.2011 did not
mentioned the proposal of Village Luhari land which was pending with
DGTCP office earlier than mentioned above villages situated on State
Highway number 15A.
Last
not the least a democratic government is a tool for Public welfare and
Public exchequer is source for doing the same, every part and parcel of a
democratically elected government should work in accordance to law
established while spending or earning public exchequer in public
interest. But this basic fundamental of a welfare state is not being
followed by Government of Haryana, as procedures established have been
often bent to favour someone Special at the huge cost of several crores
rupee to public exchequer.
Apart
from huge loss to public exchequer, the IHN research raises serious
question over the manner in which then director and his team used Chief
Minister Office and Law department as their rubber stamp to get Approval
of their half baked proposal to declare Luhari village land as
controlled area and set aside their approval like waste papers once
their motive fulfilled.
This
is also a mockery of present Indian democratic form governance and
Constitution of India rightly pointed out by High Court lawyer Mr. Ravi
Sharma.
In
Part-II of this Research News, IHN will Publish why and how the Town
and Country Planning Department, Haryana is withholding publication of
Government notification to declare Luhari Village as a controlled area
for one year along with of Village Dulina, Khiloi Khass, Shojipur and
Aurangpur and who are the main beneficiaries of these acts of omissions
committed by the department.
Source :Intelligent Haryana News
Monday, December 17, 2012
Haryana Forest Development Corporation’s Cash Developing Whom?
Chandigarh
(I-Haryana News): Haryana Forest Development Corporation, a company
formed by Government of Haryana in December 1989, which was initially
formed with one of the objects to increase the financial status of
farming and labour community by promoting development of forest based
and allied industries, has now turned into milking cow to improve the
financial health of Forests officers posted in this company, as this
Haryana Government owned company does most of its business transactions
in cash.
The
copies of records with IHN establish that their officers are openly
minting money by preparing fake and forged bills. In some cases, payment
has been made against quotation/ estimates also, instead of proper
bills from registered VAT/ Service Tax dealers.
Following Table shows Cash transactions as compare to total expenditure incurred by corporation w.e.f 2009-2012:
Year
|
Total Expenditure in Lacs
|
Cash Expenditure in Lacs
|
2009-10
|
3098.36
|
1400
|
2010-11
|
3909.50
|
1100
|
2011-12
|
5008.60
|
1300
|
Based on information at www.hfdc.gov.in & ABCNIS Research
Intelligent
Haryana News Research Team has found that more than 35 projects are
being executed by HFDC Regional Office Gurgaon. Out the same, study of
two projects based at Deolali at Nasik and Chandimandir at Panchkula,
was done. It was analyzed that majority of projects bills were
fabricated by HFDC Regional Office Gurgaon (copies of these are with
IHN), which relate to arboriculture/ landscaping and Earth filling
works. All these two works were carried out by HFDC in Jurisdiction of
Indian Army area.
The
bills submitted by two Nasik based contractors, those who were shown
aboriculture/ landscaping and worked in 2009 in Deolali (Nasik) in
Cantonment area and paid cash of over Rs.22 lacs, all bills submitted by
them do not have bill number, date and signature of contractors and
apparently prepared in same handwriting and style which could raise eye
brow of any layman on first sight.
The
HFDC officers responsible to make payments to these dubious contractors
while giving them cash payments of over Rs.22 lacs, ignoring Rs.20000/-
limit as per Income Tax Act, also did not charged service tax on bills
amount and further as work allotted to said contractors involved 60
labourers who were paid wage of Rs.448000/- without obeying the
obligations under Employees Provident Funds and Miscellaneous Act, 1952,
which entails punishment of imprisonment of three years of defaulting
employer (HFDC).
There
are many bills on record, which are issued by those firms which never
existed. In one of the Pinjore based contactor Mr. Shyam of S L
Electrical, who was paid Rs.5.38 lacs, in cash for electrical work done
in Chandimandir military area, the bills clearly indicate violation of
VAT, Service Tax and Work Contract Tax provisions, which again mark a
question on the validity of the said bills. When IHN talked to contactor
Mr. Shyam, proprietor of so called S L Electrical Works over his mobile
number and he fully expressed his ignorance regarding bill submitted
and confirmed that he does not has shop at address mentioned in bill
submitted. It seems that the Corporation has hired some specialized
person for preparation of so called bills and quotations etc. as most of
the bills are in same handwriting and contents of bills are also same.
Further,
IHN investigation revealed that HFDC’s Kurukshetra Regional Office
proved more intelligent than Gurgaon where they used window dressing
methods to flout Income Tax provisions, by getting the bills of works
done/ procurement by breaking the same into amounts below Rs.20000/-,
along with forged quotations from same persons with each bill.
As
per information with IHN, HFDC’s turnover since 2000-01 is as under
which consist of sale of trees /wood, barbed wire, polythene bags, bank
interests etc. till 2008 and w.e.f. 2009 included landscaping and other
related jobs/ projects, which have contributed an average of 15 percent
of total turnover :
Year
|
Turnover (Rs. In Lac)
|
Sales by Projects
|
Percent
|
2000-01
|
1865.79
|
-
|
-
|
2001-02
|
1404.08
|
-
|
-
|
2002-03
|
1243.24
|
-
|
-
|
2003-04
|
1363.75
|
-
|
-
|
2004-05
|
1193.88
|
-
|
-
|
2005-06
|
1449.66
|
-
|
-
|
2006-07
|
2074.98
|
-
|
-
|
2007-08
|
1932.39
|
-
|
-
|
2008-09
|
3146.06
|
93.26
|
02.96
|
2009-10
|
3619.26
|
434.01
|
11.99
|
2010-11
|
4566.66
|
849.11
|
18.59
|
2011-12
|
5577.81
|
Not Available
|
Not Available
|
Source: www.hdfc.gov.in and ABCNIS Research
As
mentioned above Corporation in 2009 had started taking arboriculture/
landscaping projects works, that too mostly out of Haryana, and also the
game of cash transactions started and it is very strange that the
company which has its headquarter in Panchkula has deputed only Gurgaon
Regional Office to undertake the projects works on behalf of HFDC.
In
most of vendors from whom procurement/services have been hired they
don’t have VAT /Service tax registration from respective department. In
contrary to claim by department on its Website that they have paid 104
crores sale tax/VAT (source www.hfdc.gov.in), they have hidden the fact
of theft of Vat/service tax/ Work Contract Tax, in crores of Rupees with
connivance/ involvement of officers of Corporation, thereby generating
loss of revenue to Haryana and other State Governments and Centre.
On
one hand, Government of India is emphasizing on cutting of cash
transactions by way of amendments in Income Tax Act and other statutory
laws, and also by making Permanent Account Number and ADHAR compulsory,
whereas on the other hand corporation seems to be in hurry in
distributing huge cash by way of expenditure.
When
IHN Asked Mr. Ravi Sharma, a prominent lawyer in Punjab and Haryana
High Court about large scale cash payments made by HFDC ignoring
government and income tax laws, he categorically stated that as per
section 40A (3) w.e.f 2009-10, where the assessee incurs any expenditure
in respect of which a payment or aggregate of payments made to a person
in a day, otherwise than account payee cheque or account payee bank
draft, exceeds Rs 20000, no deduction shall be allowed in respect of
such expenditure.”
The
above mentioned fake fabrications of bills and quotations etc are only
the few glimpses of sea of deliberately errors committed by HFDC
officers to siphon money into their pockets. If any investigating agency
will conduct thorough investigation into these fake fabrications of
bills, scandal of crores of rupees would come out.
When
IHN research Team tried to know the version of Haryana Forests
Minister, Capt. Ajay Singh Yadav about HFDC huge cash business
transactions on his Mobile Number 09896422122, he categorically stated
that we should talk to officers concerned and expressed his ignorance on
the issue.
Further,
when IHN talked to Mr. Subhash Chander Yadav, a Haryana Forests
Services officer posted in Gurgaon as General Manager on his mobile
number 09416415504 and asked him about cash transactions made by his
office while doing arboriculture/ landscaping works at Deolali (Nasik)
and Chandimandir (Panchkula), he refused to share anything about the
issue and threatened IHN’s senior Journalist and disconnected the phone.
It is pertinent to mention here that Mr. Yadav is holding the said
charge for last many years except short term when he was posted in Mewat
and again returned to cash milking position of HFDC, as he is said to
be close to a Haryana Minister from Ahirwal region.
Further,
the company has done projects of over Rs 25 crores since 2008 to 2012
in Regional Office Gurgaon and has suffered huge loss due to above
mentioned fabrication in execution of projects works by company
officers.
Last
not the least, this open defying of statutory and government provisions
by Haryana Forests Development Corporation while carrying its business,
in public eyes, raises question mark over existing audit mechanism to
keep transparency in working of public as well as private sector
companies.
It
is a point of question as to how various internal, external Government,
statutory auditing and non auditing bodies have failed to point out
these scams and serious lapses in business transactions, in their
reports for all these years.
After
prima facie investigation and inputs received from internal sources and
by IHN Field team spread all over Haryana, it has been decided that
soon IHN would publish detailed research report on entire working of
HFDC on Financial & Non Financial scams.
Content Source: Intelligent Haryana News
Content Source: Intelligent Haryana News
Dinesh Singh Rawat Says;
Forests and mining are two major avenues for government officers to loot public as well s nature exchequer, which they are looting since 1947 with conveyance with Indian political bosses uninterrupted.
This Research report by Intelligent Haryana News Team really deserves great appricition, I salute IHN team for this research report.
Friday, November 23, 2012
T C Gupta Property Purchasing is On in 2012
Chandigarh
(I-Haryana News): A bureaucrat who has responsibility to look after the
planned development of Town and country side of Haryana, Mr. T C Gupta,
director general, Town and country planning department has kept his
real estate purchasing Spree continued also during 2012 after 2011.
As
per Research Investigation carried out by Intelligent Haryana News Team
on the basis of information gathered under RTI act, Mr. T C Gupta, IAS,
heading the most lucrative government department has kept his real
estate investment move on also during year 2011-12.
The
information and documents with IHN team established that director
general, Town and country planning department, Mr. Gupta has purchased a
flat bearing number D-02 of area 2300 square feet in one of the most
costly and posh apartments in Tricity, Uppal’s Marble Arch in Mani Majra
in his daughter name
The
documents with IHN research Team revealed that the Registration of flat
in Mr.Gupta daughter’s name was executed in Chandigarh vide
registration number 3512 dated September 5, 2012 showing cost of
purchased flat Rs one crore and one lakh.
It
is to remember that as per annual property return statement of Mr. T C
Gupta for year 2011 he had purchased ground floor of 135-B, Gautam
Nagar, New Delhi measuring 133.78 square meters area for Rs thirteen
lakh and getting around Rs eight lakh as rental income in one year which
could raise eyebrows of anyone and matter to be invested by
investigating agency?
This
is one side of IHN news report, when further invested we found
following buddle of loops in this purchase made by Mr. Gupta as follows:
- .Mr. T C Gupta has purchased above mention flat from M/s Uppal Housing Private Limited, to whom he as director general of Town and country planning has issued license number 77 on dated August 1, 2012( just one month ago of purchase of flat) to develop a group housing project in village NAURANGPUR, in GURGAON, Which is a perfect case for application of the section 14(2) and 14(3) of All India Service Rules 1968 and section 11 of prevention of corruption act 1988
- The rate at which Uppal Housing Private Limited has sold flat number D-02 to Mr. T C Gupta Daughter, was much lower to current market price (over Rs two crore) of said flat of 2300 square feet area, also it is pertinent to mention the Uppal sold the same category (Flat Number D-03) adjacent to Mr.Gupta’s daughter flat for Rs one crore forty lakh, that too in 2010(Two Year ago).
- Moreover Payment for Mr.Gupta Daughter’s flat was made by cheques issued in favour of Uppal Housing Private Limited but enchased after days the flat in question was registered in her name on September 5. 2012, a month ago Mr. T C Gupta defended DLF-Vadra Land Deals in a Press conference held in Chandigarh on October 9, 2012.
Last
not the least Intelligent Haryana News Research team has published on
November 8, 2012 the detail analysis of annual property returns filed by
Mr. T C Gupta for year 2010 and 2011 under Heading “Who Will Now Defend DLF-Vadra Land Deals Defender TC Gupta ?”
Source: Intelligent Haryana News
Dinesh Singh Rawat Says:
It is a serious indication about dubious working of Haryana town and country planning department to whom Mr. TC Gupta is heading for last more than two year, it also substantiates that every thing in this department is not right and should be probe by law enforcing agency to bring faith back on government officers posted at postings like Mr. Gupta is.
Thursday, November 15, 2012
HEWO Bents Its Rules to Deprive Employees, Appeases IAS/HCS Officers
Chandigarh
(I-Haryana News): The HUDA Urban Estates & Town and Country
Planning Employees Welfare Organization also Known as HEWO which was
formed with aim for welfare of employees working these government
departments, now It has turned into just a real estate milking cow of
senior bureaucrats posted in HUDA by depriving low paid employees.
As
per information collected by IHN team through RTI act, IAS officers and
HCS officers posted in HUDA/ Urban Estates since inception of HWO have
been allotted flats showing all of them as deputationists and even
ignoring its rules and regulations.
Whereas
The HUDA which is headed by the HEWO’s beneficiaries Bureaucrats is not
paying House Rent Allowance to class fourth employees who are living in
Juggies (Huts) on HUDA land in sector 21, Panchkula for more than many
decades and fighting long legal battle to have their homes in high court
under banner of HUDA Employees Association comprising mainly causal and
class fourth employees of HUDA.
Intelligent Haryana News Research Team tried to find out the truth behind above mentioned report and found following facts:
HEWO is a society registered under the Societies Registration Act XXI of 1860 on June 26, 1990.
The
society planned to construct following four types of flats for
employees in Panchkula, Gurgaon, Faridabad and Karnal where HUDA land
was stated to be available to HEWO for group housing societies.
- Super Deluxe (1450 square feet)
- Deluxe (1050 square feet)
- Utility (750 square feet)
- Economy (500 square feet)
- Economical Weaker Section (250 square feet)
As
per Memorandum of Association and Rules and Regulations of HEWO, the
copy of which is with IHN team says that employees of HUDA, Urban
Estates and Town Planning Departments who had completed minimum service
of two year in their respective departments were eligible for applying
for these flats.
Further
HEWO rules say those employees who are deputed to HUDA, Urban Estates
and Town Planning Departments should have minimum service of six months
in these departments on the date of applying for these flats and also
should not have residential property in his name or family member names
in the town for which he or she was applying.
Following
is the table showing numbers of flats of different categories of Flats
allotted by HEWO to its Members in various cities with total area under
each category of flats in all three HEWO schemes.
Category
|
Panchkula
|
Gurgaon
|
Faridabad
|
Sonepat
|
Panipat
|
Total Flats
|
Total Area
|
Super Deluxe
|
156
|
151
|
89
|
20
|
0
|
416
|
603200
|
Deluxe
|
157
|
168
|
180
|
0
|
0
|
505
|
530250
|
Utility
|
162
|
361
|
174
|
17
|
15
|
729
|
546750
|
Economical
|
151
|
200
|
190
|
9
|
14
|
564
|
282000
|
EWS
|
80
|
28
|
35
|
2
|
1
|
146
|
36500
|
Total
|
706
|
908
|
668
|
48
|
30
|
2360
|
1998700
|
Source: ABCNIS Research
Source: Intelligent Haryana News
Dinesh Singh Rawat Says:
HEWO since its inception has remained under cloud for its dubious acts, as news report has mentioned details of IAS and HCS officers who had allotted flats in prime locations in cities like Panchkula, Gurgaon and Fridabad shows the greed of these officers who have already many properties in their kitties.
With such a greedy intent how they could able to do justice with common man.
I
Thursday, November 8, 2012
Who Will Now Defend DLF-Vadra Land Deals Defender TC Gupta ?
Chandigarh
(I-Haryana News): There is a world famous proverb from English writer
Shakespeare‘s play, “The Tragedy of Julius Caesar that, “Caesar's wife
must be above suspicion” which means the person holding high public
office should keep his or her integrity high in public eyes so that
people in large could follow his rulings without any doubts, but this
noble roman saying for responsible and all respectable public
authorities have not been followed in the State of Haryana.
After
recent DLF-Vadra and other land deals scams reported in media and well
defended by Mr. T C Gupta, the Intelligent Haryana News Research team
decided to work on Roman axiom mentioned above in Haryana Government
Town and country planning department responsible for all alleged land
developments projects approval in Haryana.
The
Julius Caesar of this high profile revenue earning department for all
concerned along with government, means Director General of Town and
country planning is the highest public authority of this department and
all works and orders are issued in under his official seal including
Change in Land Use certificates popularly called CLU, nowadays the most
talked word in Haryana political circle.
At,
present when recent DLF-Vadra land controversies erupted; an IAS
officer of 1987 batch, Mr. Trilok Chand Gupta is heading this department
as Director General who has joined this department on 17/06/2010.
IHN
Team sent email questionnaire to him on section 14(2) and 14(3) of THE
ALL INDIA SERVICES (CONDUCT) RULES, 1968 which make mandatory for every
All India service Officer (IAS) to follow these rules while discharging
his or her duty as a public authority. Section“14(2) says, “No member
of the service shall make or permit any member of his family or any
person acting on his behalf to make, any investment which is likely to
embarrass or influence him in the discharge of his official duties. For
this purpose, any purchase of shares from out of the quotas reserved for
Directors or their friends and associates shall be deemed to be an
investment which is likely to embarrass the Government Servant.
Further
section says, “14 (3) If any question arises whether any transaction is
of the nature referred to in sub-rule (1) or sub-rule (2), it shall be
referred to the Government for its decision.”
Following
is the sent e-mail to Mr. Gupta on November 2, 2012 at 8:56 AM with
subject “Questionnaire on obeying AIS (Conduct) Rules 1968 while
discharging duty of DG, TCP, Haryana.”
Following
the Journalism ethics to give equal options to both sides of news, we
are seeking following questions from your good self: As you know, THE
ALL INDIA SERVICES (CONDUCT) RULES, 1968 section 14(2) says, “No member
of the service shall make or permit any member of his family or any
person acting on his behalf to make, any investment which is likely to
embarrass or influence him in the discharge of his official duties. For
this purpose, any purchase of shares from out of the quotas reserved for
Directors or their friends and associates shall be deemed to be an
investment which is likely to embarrass the Government Servant.
Further
section says, “14 (3) If any question arises whether any transaction is
of the nature referred to in sub-rule (1) or sub-rule (2), it shall be
referred to the Government for its decision.”
1. As mentioned above in sections of AIS Rules 1968, We would like to ask that did you or any members of your family have invested money in purchasing any flat/ plot/commercial site/industrial plot in projects developed by the companies to whom you as director General of the Town and Country Planning department had granted licenses to develop housing/commercial projects, if yes then detail of the same, like source of money, payment mode, cheque number and date of cheque or electronic fund transfer details etc?
2.
Also, you are requested to share, did you sought prior permission from
Government to purchase the flat/ plot/commercial site/industrial plot in
projects developed by the companies to whom you as director General of
the Town and Country Planning department had granted licenses to develop
housing/commercial projects as prescribed in the AIS (Conduct) Rules,
1968, if yes then supply us the copy (if possible) of the same and in
case of not, the reason thereof.
So,
you are requested to send your response by 5 pm November 3, 2012
otherwise it will deemed that you are not interested in putting your
side in our research news story.”
It
is mention worthy that we received response of our questionnaire from
Mr. T C Gupta on same day, i.e. November 2, 2012 at 1:28 PM, and we sent
our thanks from our research team for his quick answer to our queries.
Following is the response we received:
“With
reference to your questionnaire, it is informed that neither I nor any
member of my family as defined in the All India Services (Conduct)
Rules, 1968 has invested any money in purchasing any
flat/plot/commercial site/ industrial plot in projects developed by the
companies to whom I as Director General of Town & Country Planning
Department has granted licences to develop housing/commercial projects.
Therefore, the question of seeking prior permission from Government in
this regard does not arise.”
This
is the one side of our research Story further when we analyzed annual
property statements submitted by Mr. Trilok Chand Gupta for year 2010
and 2011 with government of India that confirmed following facts:
As
per annual property statement for year 2010 the copy of this is with
IHN, Mr. Trilok Chand Gupta owns two properties in his name as on
January 1, 2011, and it is mention worthy that Mr. Gupta joined Haryana
Town and Country planning department on 17/06/2010 and this statement of
his immovable properties was filed just six months after he assumed
charge of Director General of this most lucrative department.
•
A HUDA plot number 292-SP measuring 1.5 kanal in Sector 45, Gurgaon
which he acquired through HUDA draw of lots in 2000 and had paid Rs
47,65,431/-till date
•
The statement confirmed that Mr.Gupta has membership in The Punjab
IAS-PCS Officers Co-operative Housing Society in Mohali, where he has
already paid Rs 27, 37,706/- and yet to get flat.
Mr.
Gupta filed his second property statement for year 2011 while working
as Director General of Town and Country Planning, which confirmed
addition of two immoveable properties in his kitty as on January 1,
2012.
•
Firstly, Mr. Gupta stated in his property statement for the year 2011
that he has made agreement to sell of his Plot no 292, sector 45,
Gurgaon, mentioned above with New Delhi based company Kathuria Special
Steels Rolling Mills Private limited @ of Rs 85000/- per square yard and
had taken Rs two crore on account of part sale consideration on
13.12.2011, whose Director Mr. Subhash Chander Kathuria also remained
Director of Parasnath Developers and Mr. Trilok Chand Gupta has granted
licences to Parasnath Developer as Director General of Town and Country
planning, Haryana.
And
also Mr. Subhash Chander Kathuria have directorships of following real
estate companies Ramnika Estates (P)Limited, Geetanjali Properties
(P)Limited; Himalaya Estates (P)Limited, and Navin Vikas Construction
Private Limited having commercial interests in Haryana.
It
is very strange that the company who has made agreement to purchase
with Mr. T C Gupta while doing so and paid Rs two crore as part payment
for purchase, was in process of merging itself into another company
named SYNERGY GLOBAL STEEL PRIVATE LIMITED for this Scheme of
Amalgamation of two companies Delhi High Court on August 31, 2012
allowed this.
•
Secondly, Mr. Gupta has stated in his annual property return for year
2011 that he his wife have paid Rs three lakh installment for his
membership of The Punjab IAS-PCS Officers Co-operative Housing Society
in Mohali, where he has already paid Rs 27, 37,706/- and yet to get
flat.
•
Thirdly he mentioned a flat number 802, Block A in HEWO Scheme-II,GH-2,
Sector 6, Mansa Devi Complex, Panchkula owned in Mr. Gupta and his
wife name and deposited Rs 50,39338/-( Fifty Lakh thirty nine thousands
three hundred thirty three only
In
this property when IHN investigated found that Mr. Gupta was allotted
this flat by HUDA Employees Welfare Organization(HEWO) during the his
tenure as Chief Administrator, Haryana Urban Development Authority w.e.f
30/03/2007 to 08/06/2009.
HEWO
is registered society for welfare of HUDA’s employees, where Mr. Gupta
was shown that he was in deputation in HUDA and treated as its employee
and allotted Super Deluxe category flat as there is legacy in HEWO to
allot such flats to IAS officers and some HCS officers posted in Haryana
Urban Development Authority included Mr. Gupta by showing all of them
as deputationists for best reasons known to HEWO Functionaries,
depriving home-less low paid HUDA employees as compare to these senior
Bureaucrats, who have already number of properties in their kitties.
•
fourthly, Mr. Gupta in his property statement for year 2011 stated that
he purchased ground floor of 135-B, Gautam Nagar, New Delhi measuring
133.78 square meters area for Rs thirteen lakh and also spent Rs 78000/-
in shape of stamp duty to registered the same in his name in August
2010.
Regarding,
this property IHN Investigation revealed that Mr. Gupta has not
disclosed the name of Seller from whom he has purchased the said
property, as he had to state in column 6 of prescribed form mentioned in
All India Service( Conduct) Rules 1968.
Further,
the above mentioned property located in Gautam Nagar, New Delhi has
fetched Mr. Gupta, the rental income Rs 793500/-(Rs seven lakh ninety
three thousand and five hundred only) in just 12 months, means, Mr.
Gupta, who has also qualification of Chartered Accountant has invested
so precisely and intelligently that he got back nearly 58 percent of his
investment in this property during first year.
IHN
Research Team talked to Mr. Ravi Sharma, a Prominent Lawyer of Punjab
and Haryana High Court on above issue, Mr. Sharma says, “Public servants
are expected to be well discipline, efficient and top honest to ensure
and maintain the high standard of administration as they posses certain
exceptional rights and privileges in view of their being necessary part
of the administrative machinery of the state.”
Further,
the High Court Lawyer, Mr. Sharma opined Apart of from disciplinary
action underAIS (Conduct) Rules 1968, section 165 of Indian penal code
provide special penalty of imprisonment term which may extend to three
years or with fine or with both. “When a public servant accepts or
obtains or agrees to accept or attempts to obtain. for himself, or for
any other person, any valuable things without consideration or for
consideration which he knows to be inadequate, from any person whom he
knows to have been, or to be ,or to be likely to be concerned in any
proceeding or business transacted, or about to be transacted by such
public servant, or having any connection with the official functions of
himself or of any public servant to whom he is subordinate; or from any
person whom he knows to be interested in or related to the person so
concerned.”
Source; Intelligent Haryana News
Dinesh Singh Rawat says:
Julius Caesar wife Pompeia hosted the festival of the Bona Dea ("good goddess"), which no man was permitted to attend, in this house. However a young patrician named Publius Clodius Pulcher managed to gain admittance disguised as a woman, apparently for the purpose of seducing Pompeia. He was caught and prosecuted for sacrilege.
Caesar gave no evidence against Clodius at his trial, and he was acquitted. Nevertheless, Caesar divorced Pompeia, saying that "my wife ought not even to be under suspicion."[4] This gave rise to a proverb, sometimes expressed: "Caesar's wife must be above suspicion"
Caesar gave no evidence against Clodius at his trial, and he was acquitted. Nevertheless, Caesar divorced Pompeia, saying that "my wife ought not even to be under suspicion."[4] This gave rise to a proverb, sometimes expressed: "Caesar's wife must be above suspicion"
This a mantra for India's most of recent political and other scams and problems, that first hed should have to keep itself clean than whole of body will itself mind its way of healthly life.
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