CBI's Director of Prosecution appointment in Limbo

by Harish Gupta, National Editor, Lokmat Group

Special report

CBI's Director of Prosecution appointment in Limbo

Harish Gupta

New Delhi, Nov 23

With the uncertainty over the fate of the CBI director continuing, the functioning of its vital prosecution wing has also been hit hard. The appointment of a full time Director of Prosecution (DoP) has been held up despite the government advertising for the post months ago. The government was forced to extend the tenure of the retiring Director of Prosecution, O P Verma for two months in the wake of dog fight between exiled CBI director Alok Verma & his deputy Rakesh Asthana.

The tenure of O P Verma, Director of Prosecution, was to end on October 23, 2018 after two years' tenure. But due to infighting, the appointment of a new DoP got delayed.

The government issued a special corrigendum to extend his tenure. Even he came into the controversy as reports said that Alok Verma sent the IRCTC case file to DoP instead of giving permission to arrest the suspects. The matter is under the probe.

The delay in the appointment of full time Director of Prosecution has also hampered legal work in the agency as he is under the administrative control of the probe agency's Director. Though the Central Vigilance Commission and a Parliamentary panel had recommended that the DoP should be independent of the Director CBI. The panel had suggested in December last year that the post of DoP in CBI should be of the rank and status of the Director CBI in order to ensure its independent functioning.

The Central Vigilance Commission (CVC) had stated that it would be prudent to set up an independent Director of Prosecution rather than DoP working under the Director CBI.

But Modi government bestowed all powers to the CBI director and rejected the suggestions.

The Department of Personnel and Training (DoPT) had issued new rules for recruitment to the post under which civil servants, meeting eligibility criteria, working in various ministries, may also apply for the post. "An officer not below the rank of Joint Secretary to the Government of India are eligible to apply. The government has sought names from all ministries/departments to provide the names of the eligible and willing officers for the post. Advocates who practiced for not less than ten years as a Special Public Prosecutor, are also eligible.

The government delayed the full time appointment of the new DoP as it was wanting the Director of CBI Alok Verma to retire on February 1.

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CVC grilled Sana for 8 hours in Bribery case

by Harish Gupta, National Editor, Lokmat Group

Special report

CVC grilled Sana for 8 hours in Bribery case

Hyderabad business Sana allegedly paid bribes to CBI officers

Harish Gupta

New Delhi, Nov 14

The Central Vigilance Commission (CVC) grilled Hyderabad businessman Sathish Babu Sana for more than eight hours, a key player in the Verma-Asthana feud in CBI,

The 8-hour grilling, spread over for two days, was held under the supervision of Justice A K Patnaik at the CVC headquarters. The CVC wanted to get at the bottom of the truth as Special Director Rakesh Asthana had alleged that he paid Rs 2 crores to CBI Director. Alok Verma countered it saying that Sana paid bribed to Rakesh Asthana.

Highly placed sources say that prima facie, the CVC report found no significant evidence against Verma. The CVC report raised some questions that require a separate and detailed probe and wanted more time to complete the probe.

The CVC felt that Sana was using one CBI officer against the other to wriggle out of the Moin Qureish case in which he was a conduit in hawala operation.

Asthana was the officer incharge in the Moin Qureshi case. Verma alleged that Asthana was extorting money from Sana since the very beginning. Later, Sana complained to Verma of extortion which led to registration of FIR against Asthana.

The CVC grilled Alok Verma for two days, Rakesh Asthana once and other officers who were dealing with the Moin Qureshi case. The CVC probe also focused on IRCTC Hotel case of Lalu Prasad Yadav and cattle smuggling case involving a senior BSF officer caught with unaccounted for cash in Kerala.

When Justice Patnaik asked Verma why Satish Babu Sana, was not booked under charges of giving bribe, he said the amended provisions of Prevention of Corruption Act gave protection if a person is forced to give bribe. The protection is available if he reports the extortion within seven days. Verma explained that though Sana had started paying bribe in December last year, giving bribe became an offense only in July 2018. Since Sana paid another bribe through Hawala and reported it to the CBI within seven days, action was taken.

Asthana had alleged that Sana paid Rs 2 crores to Verma on October 1, 2018 and signed the confessional statement on October 4, 2018.

But in a strange twist, Sana switched sides and made a counter allegation that he paid bribes to Asthana. Verma registered an FIR against Asthana and others for allegedly taking more than Rs 3 crores to scuttle probe against him. The money was paid over a 10-month period -- starting from December 2017.

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Alok Verma to appear before CVC tomorrow

by Harish Gupta, National Editor, Lokmat Group

Alok Verma to appear before CVC tomorrow

Inquiry has to be completed before November 12

Harish Gupta

New Delhi, Nov 4

The exiled CBI Director, Alok Verma will appear before the 3-member Central Vigilance Commission (CVC) tomorrow. Verma has been summoned by the CVC to probe into the allegations of administrative misconduct, delaying probe into certain sensitive cases including one relating to IRCTC land in Patna for hotel benefiting Lalu Prasad Yadav.

The CVC is undertaking this probe as per the directions of the Supreme Court given on October 26. The probe is being supervised by a retired judge of the Supreme Court A K Patnaik. Interestingly, Justice Patnaik has been regularly visiting the office of the CVC to scrutinize documents pertaining to nine allegations leveled by his number two Rakesh Asthana. Incidentally, Rakesh Asthana has also been divested of his duties following an FIR registered against him for bribery.

The CVC is racing against time to complete the probe against Verma within 14 days. This will be first time Verma will be appear before the CVC comprising of K V Chowdhary, Sharad Kumar and Dr T M Bhasin tomorrow. Patnaik monitored probe by CVC is confined to allegations of misconduct and corruption by Alok Verma. The CVC will not look into the issue of government’s decision to send Verma on forced leave. The SC may hear that case separately later.

It may be mentioned that Alok Verma was removed as CBI director on October 23 by the government and M Nageshwar Rao, a junior officer was given the charge. Verma challenged his removal. But the SC decided to hear the case of misconduct and corruption against him first. The SC said the other issues will be heard later.

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Fly on the Wall : Clamour for pay hike by Governors

by Harish Gupta, National Editor, Lokmat Group

Fly on the Wall 

By Harish Gupta

Clamour for pay hike by Governors

Governors are clamouring for a pay hike and a couple of them who are senior to Prime Minister Narendra Modi, even called on him in the regard. They had to cool their heels in Raj Bhawans as they had crossed the 75 year age bar rule. But PM politely told them to meet the Union Home Minister Rajnath Singh who is the cadre controlling minister for Governors. Interestingly, C Vidyasagar Rao of Maharashtra and Ram Naik of UP who hails of Maharashtra were the ones who took the lead to meet Rajnath Singh. Three others, ESL Narasimhan (Andhra Pradesh & Telangana), K K Paul (Uttraphand) and S C Jamir (Odisha) who are originally UPA appointees also joined them. It is not know what transpired between Home Minister and the Governors. Fly learns that the PM is not very enthusiastic to raise their salaries. Reason; these veterans not only get salary but also get huge pension as well. All former bureaucrats who are holding Gubernatorial posts draw pension over a lakh and other perks. If they are politicians, they have been members of Parliament or Legislative Assemblies. Therefore, they draw pension for each term they serve as members. For some of the Governors, the MP or MLA pension is more than that of Governor's. The President and Vice President are also waiting for the pay hike as they get less salaries compared to the top bureaucrats. The proposal for enhancement of the salaries of the president, the vice president and the governors was prepared by the Union home ministry and forwarded to the Cabinet Secretariat more than a year ago for the approval of the Union Cabinet. However, no decision has been taken on it yet. At present, the President gets Rs1.50 lakh per month, the vice-president Rs1.25 lakh. After the implementation of the 7th Pay Commission’s awards on 1 January 2016, the cabinet secretary, gets Rs 2.5 lakh per month and a secretary in the Union government draws Rs 2.25 lakh per month.

PMO travel warning to Babus

Tired of repeated violations by the Babus, the Prime Minister's office has issued a directive that no reimbursement be made if they are found violating travel guidelines. The Department of Personnel under the PMO issued a directive to the Ministry of Home Affairs issued a gazette notification saying that the Babus must purchase air tickets directly from airlines (at booking counters/office/website of airlines). They may also buy tickets through three Authorized Agents; M/s Balmer Lawrie & Company Limited (BLCL), M/s Ashok Travels & Tours (ATT) and Indian Railways catering and Tourism Corporation Ltd (IRCTC). The MHA made it clear that no pre-facto relaxation will be given to anybody and that either the air tickets be purchased directly from the airlines or three authorized agents of the government. “Ensure strict compliance of extant guidelines for purchase of air ticket directly from Airlines. Henceforth relaxation on account of ignorance/unawareness of these guidelines will not be considered by this department. In order to tighten the screws, the government said in case of non-availability of authorized agent at a particular place, ticket may be booked from website of Airlines or web portal of Balmer Lawrie & Company Ltd, M/s Ashok Travels & Tour and IRCTC. But no ministry or department will take the services of any other ticketing agent. Even in respect of non-officials members who are on various committees, boards and panels of the concerned Ministry, department or institution, they have to purchase the ticket from authorized travel agent only. It has been made clear that no claim will be settled by the ministry or the department if the tickets are not bought from the authorized agents.

Kamal Nath, Scindia in race for Deputy Leader

The president-elect of the Congress, Rahul Gandhi, may not undertake a major reshuffle in the AICC and continue with the present team. Of course, he will have to induct a couple of leaders in his core team. But he has the most difficult task in hand to select Deputy leader in the Lok Sabha in place of Capt Amrinder Singh. Since Mallikarjun Kharge is the leader of the Congress in Lok Sabha, the deputy leader has to be from North or Central India. Kamal Nath and Jyotiraditya Scindia are in the reckoning. If Scindia is to be sent to Madhya Pradesh as the PCC chief as Assembly polls are due in the state next year, the obvious choice could be Kamal Nath. There is already a talk that Deepender Singh Hooda will be made Chief Whip in place of Scindia if the latter is upgraded. If the Congress wants to be aggressive in Lok Sabha during the Winter session, it has to have a new Deputy Leader. Sushmita Dev is also in the reckoning for the post. But Hooda has the edge.

GST rate cut hit goods worth Rs 5 lakh crore

One may think that GST rate cut is a bonanza. No doubt it is indeed a bonanza for the consumers. But be it manufacturers, wholesalers or retailers; they are all struggling packaged items worth Rs 5 lakh crore in the country will have revised price tags with change in GST tax rates of about 200 products last month. The Confederation of All India Traders (CAIT) has written a letter to Ram Vilas Paswan, Union Consumer Affairs Minister to allow pasting of revised price stickers on the current stocks because under the GST regime, pasting of revised price tags are not allowed. It is said that goods worth Rs 5 lakh crore are still in the warehouses across the country in packaged condition having old MRP. These goods can't be sold in the market without a revised price tag. It is impossible to move the consignment back to the manufacturers, remove old packaging and fresh packaging be done with a new price tag. If the fresh label is pasted on the original price tag, it is not allowed. Under Packaged Commodity Act, it is mandatory provision that any commodity in packaged shape will invariably have printed MRP. Only Paswan can give some relief. Tax rates of more than 200 items were brought down and out of them 178 were of common use.