What is good governance ? To spare wrongdoers and prosecute whistle blowers on fabricated charges

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
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Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 3 September 2017 at 12:58

To: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, hobaclko@cbi.gov.in, “cvc@nic.in” <cvc@nic.in>, cmup@up.nic.in, hgovup@up.nic.in, uphrclko <uphrclko@yahoo.co.in>, Anjali Anand Srivastava <secy-cic@nic.in>


Whether not to take action against wrongdoers and remains failed in tracing the siphoning of public fund is indication of transparent and accountable governance?
Under article 51 A of constitution of India, whether the pace of enquiry being carried out by premier investigating agency central bureau of investigation performs function under direct control of PMO is admissible. On one side of screen our Prime Minister Sir has commenced crusade against corruption but other side of screen itself revealing the true picture that even a lay man can understand it. Since the new incumbent took rein of rule in the country, CBI team came only two times first when assembly elections notification is issued in the state and second time now, not reflecting cryptic dealing to build image.
Whether this order was passed for merely Haliya block of Mirzapur district if not why other blocks are not being visited by C.B.I.?
With due respect, your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
 
1-It is submitted before the Hon’ble Sir that whether this order which was passed on 31-Jan-2014 was merely to carry out enquiry in Haliya block of Mirzapur district. Hon’ble Sir may take the perusal of excellent order of Hon’ble judges of Hon’ble High court-
In view of above, we allow the writ petition with following order :
(I)                A writ in the nature of mandamus is issued directing the Central Bureau of Investigation to investigate the abuse and misappropriation of fund as well as the abuse of power under Mahatma Gandhi National Rural Guarantee Scheme with regard to seven districts of State of U.P, namely Balrampur, Gonda, Mahoba, Sonbhadra, Sant Kabir Nagar, Mirzapur and Kushinagar in the years 2007 to 2010 with appropriate action and prosecution in accordance with the law.
(II)             (II) A further writ in the nature of mandamus is issued directing the Central Bureau of Investigation to hold a preliminary enquiry under Chapter IX of CBI Manual with regard to other districts of the State of U.P for the aforesaid three years relating to abuse, misuse or misappropriation of fund provided by the Government of India under Mahatma Gandhi National Rural Guarantee Scheme(supra) with follow-up regular enquiry, if required.
 
(III) The State Government is further directed to provide all necessary assistance including manpower to CBI within a month from the date of receipt of request to proceed for investigation in pursuance to the present judgment.
 
(IV) A writ in the nature of mandamus is issued directing the State Government to consider for establishment of multi-member State Quality Monitor at district and State level to supervise un-utilisations of fund under Mahatma Gandhi National Rural Guarantee Scheme till the Government of India frames appropriate rules, regulations or issue appropriate order keeping in view the observation made in the body of judgment.
 
The CBI shall submit status report to this Court at the interval of every three months with regard to investigation done in pursuance to the present judgment.
 
The writ petition is allowed accordingly. No order as to costs.
 
Since it is a final judgment, Registry shall ensure to list the writ petition before the present Bench to monitor the compliance of the judgment.
 
Let a copy of the judgment be sent to the Chief Secretary, Government of U.P., Principal Secretary, Home, Government of U.P., Secretary, Ministry of Law & Justice, Government of India, Director, C.B.I., New Delhi for compliance and appropriate action in pursuance to the observation made in the body of the judgment.
 
(Justice Ashok Pal Singh) (Justice Devi Prasad Singh)
 
January 31, 2014
 
Let a certified copy of the present judgment be issued as per rules to the parties’ counsel as well as Mr. Bireshwar Nath, learned counsel for C.B.I. within three days.
 
(Justice Ashok Pal Singh) (Justice Devi Prasad Singh)
 
January 31, 2014
 
 
 
 2-It is submitted before the Hon’ble Sir that more than three years passed as judgement was delivered on January 31, 2014 but what about the quote “with appropriate action and prosecution in accordance with law”.
3-It is submitted before the Hon’ble Sir that it is quite true that enquiry was conducted by district level officers i.e. Joint team of Deputy commissioner MGNREGA and project director and bungling of public fund was proved and recovery more than Lakhs of rupees was recommended by enquiry team but senior rank officers like D. M. Mirzapur ,DPRO and CDO  overlooked the enquiry report which was mockery of law of land and most surprising still government of Uttar Pradesh didn’t recover recommended amount bungled by wrongdoers .
 
4-It is submitted before the Hon’ble Sir that whatever grounds were supporting the PIL were kept before accountable public functionaries as negative points of PIL CAUSED the great damage to constitutional and civil rights of poor villagers. Whether such cryptic behaviour of staffs of registry of apex court of India is justified? Whether such steps are not promoting anarchy in our society? Please take a glance of attached documents with this representation.
 
5-It is submitted before the Hon’ble Sir that according to concerned staffs when apex court didn’t entertain the PIL ,then how the action taken and copy of order be provided but the fate of my PIL addressed to chief justice of India has been decided by the staffs of registry of Apex court of India so copy of order passed by registrar judicial be made available to your applicant so that your applicant may challenge the impugned order passed by Registrar judicial. By not providing the order of REGISTRAR JUDICIAL,  CPIO Apex court of India not only violated the provisions of Right to Information Act 2005 but also breached the appellate rights of your applicant consequently deprived thousands of poor villagers from right to justice. What reflects the non recovery of siphoned amount from wrongdoers by the Government of Uttar Pradesh? Even common man can understand it that wrongdoers are acting in caucus with each other and their syndicate is influential.
6-It is submitted before the Hon’ble Sir that if the order of recovery recommended against wrongdoers , then it must be pursued accordingly unless otherwise order passed by the competent authority. But here no rule of law and final reply of B.D.O. Chhanbey ,Mirzapur ,Uttar Pradesh is one of the  attached documents  which is so implicit , illegible  and misleading that it  can be seen by those privileged people having special powers of perception specially bestowed by GOD TO public functionaries working  in government of Uttar Pradesh.
7-It is submitted before the Hon’ble Sir that ipso facto obvious that matter is concerned with the rampant corruption in the system quite obvious from the attached documents with this representation but more ridiculous is that registrar judicial doesn’t think it fit to be considered as public interest litigation.  Undoubtedly to ignore wrongdoers and their wrongdoing is tantamount to promote them and set up bad example/precedents for future generation.
8-It is submitted before the Hon’ble Sir that if C.B.I. is carrying out enquiry, then also C.V.C. will take recourse of flimsy ground i.e. complaint handling policy of the commission.
 
COMPLAINT DETAILS
Correspondence Number
:
Dear Sir/Madam,
 
Your complaint dated 04/09/2015 has been registered with us, with reference No. 19738/2015/Vigilance 9
COMPLAINT AGAINST DETAILS
 
Sr. No.
Complaint Against
Allegation Details
Organization
1
officials
complaint
OTHERS
 
Action Details
Action Taken By CVC
Action Taken Date
Status
Filed
24/09/2015
Filed as per the complaint handling policy of the commission.
 
Complaint Registration
Inbox
x
Sep 4
 
to me
Dear Sir/Madam,
 
Your complaint dated 04/09/2015 has been registered with us, with reference No. 19738/2015/Vigilance 9
 
Please check the status of your complaint athttps://portal.cvc.gov.in/. In the following manner:
 
   1) Enter Complaint Acknowledgement number.
 
   2) Click Submit
 
 
 
In case of difficulty contact 01124651000
 
 This is a humble request of your applicant to you Hon’ble Sir that it can never be justified to overlook the rights of citizenry by delivering services in arbitrary manner by floating all the set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from the right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you, Hon’ble Sir.
    Date-03/09/2017                             Yours  sincerely
                                              Yogi M. P. Singh Mobile number-7379105911, Mohalla-Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh ,India .


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Beneficiary_Details_Mata_Prasad_1.pdf
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Beneficiary_Details_Shivraj_Yadav_second_Indira_Avas.pdf
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Beneficiary_Details_sommari_1.pdf
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Beneficiary_Details_Sommari_3.pdf
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Recovery_recommended_by_E_O_.pdf
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Prayer.pdf
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Mahesh Pratap Singh Yogi M P Singh

Whether not to take action against wrongdoers and remains failed in tracing the siphoning of public fund is indication of transparent and accountable governance?​

Under article 51 A of constitution of India, whether the pace of enquiry being carried out by premier investigating agency central bureau of investigation performs function under direct control of PMO is admissible. On one side of screen our Prime Minister Sir has commenced crusade against corruption but other side of screen itself revealing the true picture that even a lay man can understand it. Since the new incumbent took rein of rule in the country, CBI team came only two times first when assembly elections notification is issued in the state and second time now, not reflecting cryptic dealing to build image.

Preeti Singh
3 years ago

Hon'ble Sir that ipso facto obvious that matter is concerned with the rampant corruption in the system quite obvious from the attached documents with this representation but more ridiculous is that registrar judicial doesn't think it fit to be considered as public interest litigation. Undoubtedly to ignore wrongdoers and their wrongdoing is tantamount to promote them and set up bad example/precedents for future generation.