Tuesday, October 23, 2012

Re: [HumJanenge] Re: [indiaagainstcorruption] IAC HQ's response to 27 Questions to Arvind Kejriwal from Digvijay Singh.

Friends,    If I am not authorised to post into this website, gthis hs to be treated as an exemption temporarily.     I have seen various rules formed by the State in regard to regularisagtion of the services.   In many cases, these rules contain exemptio
ns in regard to application of rules depending on the seriousness of circumstances.   Some of these rules seems to be victorian and are a contravention of Constitution and the fundamental rights of the citizens.    In fact these rules framed under certain laws are supposed to be within the confines of the statute which enabled the rules and such statutes should not be passed in contravention of the constitutional provisions
 
I have seen and known many transfers of certain IAS, IPS, IRS persons including certain Managers of nationalised Banks, Railways etc.,The basic concept of these Laws needs to be examined whether these are absolutely needed or not.   There are thousands of such officers who come under the purview of the rules of transfer depending on their service conditions. When a person to whom these rules are applicable, is abiding by the main statute and the constitution, there would be no necessigty to transfer such persons, even if they are working for a certain number of years.    This is primarily relevant since the public tax money is frittered over transfer of persons who do not suit the needs of the bosses.   However, a transer of a person , whose moral turpitude is in questiom and the persons charging him are unable to prove such charges, in order to maintain normal atmosphere, such person could be transferred out only to remove the bitterness and as a confession of the person charging him as being unable to face him.   Under normal circumstance just becuse there is a rule of transfer , it would be inhuman not only on the person in service but also on public who pay for the cost of such transfers.  This rules needs to be thorughly examined and exception and non-alppications and  compulsory applications of transfer has to be incorporated in such rule.   When there is sticking charge, the person will be punished which is at a higher level of  portection of image of the Authority.  fro the sake of fun and unnecessarily no transfer should take place.   This rule is not a reasonable exception to the fundamental right to Life, living and movement anywhere in India. Regards, dwarakanathdm   
   On Mon, Oct 22, 2012 at 7:09 PM, IAC INFO <info.indiaagainstcorruption@gmail.com> wrote:
Dear Mrs. Dalal,

Arvind was initially unwilling to say anything on digvijay singh's questions. You may be aware there is a poll on IAC website if IAC should reply to Digvijay or not. There are also similar polls on 2-3 other media channels. A substantial percentage want some sort of reply to be given to the personal allegations.made against Arvind. In addition there is a sustained smear campaign on IAC movement from certain quarters (which you have also faced earlier) about caste composition of the "new" IAC, Arvind faction's reluctance to answer questions - innuendos on Arvind's personal commitment to transparency / RTI movement etc. We are not talking about the vague things like If Arvind wanted to join NAC, but specific allegations that he spent 20 years in Delhi, so did his wife, he refused to join duty at Chandigarh etc.

After considerable persuasion and seeing the polling trends, some points were clarified today with Arvind's core team before Arvind set off for his dharna outside BSES office, which had been planned long back. Those clarifications have been suitable posted for IAC sewaks / saathis to use if asked. The clarifications are certainly more detailed and specific than anything else in the media so far. It is certainly a game changer because some specific comments have been made therein which other activists have already picked up on.

IAC takes exception to your comment that the answers are sketchy. They are complete to anyone who knows the full background - such as the individual who posed the queries in the first, and second, place.

If, as Arvind's supporter / well wisher, you can get better answers from him than we did, these must be placed in the public domain as soon as possible.

Ajay

On Mon, Oct 22, 2012 at 5:29 PM, Sucheta Dalal <sucheta@moneylife.in> wrote:
forget digvijay singh... the answers are so sketchy, they are an insult to those of us who have supported Arvind's causes. 
Sucheta Dalal
Managing Editor



315, Hind Services Industries Premises,
Off. Veer Savarkar Marg, Shivaji Park, Dadar, Mumbai 400028 
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www.moneylife.in



On 22-Oct-2012, at 12:41 PM, Mahendra Gaur wrote:

The Questions have been answered but the clarifications are not convincing. All the documents referred must form part of reply in the form of annexures. I am little amused to find reference to Sonia as Hon'ble Chairperson. Every person has skeletons in his cupboard. Say 'sorry' for whatever real misconducts that have been alleged and move forward.    

On 22 October 2012 11:15, IAC INFO <info.indiaagainstcorruption@gmail.com> wrote:
Dear Saathis,

IAC HQ is circulating point-wise  information concerning 9 of the 27 queries addressed to IAC's "saathi" Arvind by Sh. Digvijaya Singh, spokesperson AICC. These may be used to answer / clarify any questions put to our volunteers/saathis by anyone.

IAC HQ denies that Arvind has violated provisions of All India Service Rules as alleged by Sh.Digvijaya Singh. Arvind has repeatedly applied under provisions of

* The All India Services (Leave) Rules, 1955
* The All India Services (Study Leave) Regulations, 1960
* The All India Services (Joint Cadre) Rules, 1972, etc.

When his applications were malafidely not disposed of in time, Arvind followed the dictates of his conscience in the larger public interest.

Q1: Is it a fact that in your entire service of 20 years in Indian Revenue Service, you never served outside Delhi, even though the norms of the service are that all IRS officers  serve a posting only for 3 years in a place'?

A: The facts, reasons and reasons for Arvind not being transferred out of Delhi are very well known to the Prime Minister and the Finance Minister. Everything which Arvind has "contributed" during his posting at Delhi was "shared" with his senior officers under the Finance Ministry and certainly upto the level of Finance Ministers. Posting within Delhi is not unique to Arvind. Arvind has information of at least 376 other such instances where IRS officers have been posted continuously at New Delhi for more than 10 years. Due to the severe shortage of honest and competent officers with technical skills, Arvind's tenure/postings were repeatedly extended wherever he was posted, approvals followed in due course. Just recently the Income Tax department has again written to the DoPT stressing there is a severe shortage of qualified officers extending to 21,000 vacancies. Sh.Digvijaya Singh may kindly provide, in his next letter to Arvind, all postings of Sh. Singh's good friend Sh.Pulok Chatterji, IAS during past 25 years, including his deputation to serve private NGOs closely associated with Hon'ble Chairperson NAC.

Q2: Is it a fact that even your wife, who also is an Indian Revenue Service Officer, has never served outside Delhi?

A: Same as above. Smt. Sunita Kejriwal is a honest and competent officer deputed in sensitive postings like the Serious Frauds Investigation Office under the Ministry of Corporate Affairs. Due to her qualities the SFIO had on its own repeatedly requested her tenure to be extended. Sh.Singh is making such personal allegations to ensure that honest officers are not posted to sensitive offices inquiring into the business dealings of Mr.Singh's cronies. In June 2009 Smt. Sunita Kejriwal was also appointed as the Central Public Information Officer for RTI disclosure of the Serious Frauds Investigation Office. As a consequence of discharging her designated functions in an open and transparent manner, Smt. Sunita Kejriwal was "selected" to go for advanced training in Public Administration at IIPA Delhi in 2011-12 vide DoPT's letter no. 12103/01/2011-Trg dated 27.May.2011

Q3: Is it a fact that any serving officer who goes on a study leave for two years with full pay, has to submit a full report of his study to GOI ?

A: In terms of Regulation 3 of the "The All India Services (Study Leave) Regulations, 1960" such full report is to be submitted in only in the situations covered u/r 3(1)(ii) and 3(1)(iii) therein. This does not encompass Arvind's study leaves. Sh. Singh may kindly refer to DoPT's letter AIS-III dt.9.8.1994 to broaden his knowledge.

Q4: Is it a fact that you didn't submit a full report, but only an interim report to G0I with a promise to submit a full report later, which you never did?

A: Please see answer to previous question and the concerned letter of DoPT.

Q5: lsn't it a fact that the Service Rules provide that an officer who goes on a study leave has to compulsorily serve GOI for 3 years ?

A: Sh. Digvijaya Singh is advised to again read the aforesaid Service Rules and DoPT's clarifications. The said Rule provides that an applicant for study leave who has previously had long term training abroad must serve the State for at least 2-3 years before the leave is sanctioned.

Q6: Is it a fact that you went on an unsanctioned leave, without permission, after serving for only one and a half year, post the study leave?

A: All the facts and circumstances concerning this are in the records of the PMO and the Finance Ministry, including the letters of recommendation sent by Hon'ble Chairperson NAC and Smt Aruna Roy member NAC etc.

Q7: Is it a fact that you were transferred to Chandigarh once, but you never joined ?

A: All the facts and circumstances concerning this are in the records of the PMO and the Finance Ministry, including the letter sent by Hon'ble Chairperson NAC.

Q8: ls it a fact that you then sought voluntary retirement from service and even without it being approved, you absented from your office ?

A: All the facts and circumstances concerning this are in the records of the PMO and the Finance Ministry, including the letters sent by Hon'ble Chairperson NAC.

Q9: As a serving officer of IRS did you take permission of GOl to form your NGO ?

A:  Arvind was not associated with any NGO while actively serving as an IRS officer. Doing this would be in violation of the service rules applicable to him.



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