Friday, June 12, 2009

CBI case against Corrupt IAS Officer

IAS official, Secy MOPNG under Net of CBI now!

CBI registers case against Former Petroleum Secretary Shri M.S. Shrinivasan, IAS, Mssrs. Authentrix Limited and senior officers of IOC, HPCL and BPCL on the initial complaint made by whistleblower Ashok Singh, Regional Manager HPCL.& R.P.Srivastava Sr. Mgr.(ops)

CBI has registered a corruption case against the former Petroleum Secretary Shri M.S. Srinivasan for having favoured a British Company Mssrs. Authentrix Limited. The other accused persons are the officials of IOC, BPCL and HPCL.

This complaint was originally lodged by Shri Ashok Singh, then serving Regional Manager HPCL in May 2009 with the CBI. Three days after the complaint was lodged, Shri Singh was suspended and later dismissed from Service by the Hindustan Petroleum Corporation of India (HPCL).

This issue was taken by Simpreet Singh, the undersigned, as a Public Interest Litigation with the Bombay High Court whereupon the CBI agreed before the Court that they would investigate the matter. Accordingly, the CBI registered a case vide PE/BA1/2009/A0001. The letter of the CBI in this respect is attached hereto.

The Brief facts of the complaint are detailed hereunder:
5.1 For the reason of making an effective system of detection of adulteration in the petroleum products, a study was conducted, somewhere in the year 2005, by Petroleum Planning & Analysis Cell, which is under the direct control of Accused No. 1. Pursuant thereto, teams were sent to U.K. and Kenya to study the systems which were prevailing there.

5.2 It was clear that the brief and duty of this Cell was only to conduct an academic study about the technical aspects of using the marker system, so that specifications could be defined based on which global tenders could have been called.

5.3 However, it was seen that instead of preparing such specifications, this Cell, apparently on the instructions of the Accused No. 1, sent a letter on 21st October, 2005, to all the Public Sector Oil Companies instructing them to examine the commercial proposal of Accused No. 2, Mssrs. Authentix. Hereto annexed is the copy of the said letter and the same is marked as EXHIBIT-"A".

5.4 As per the report prepared by this Cell, Mssrs. Authentix, with the help of an executing agency in India, namely, SGS, would conduct marking for Petroleum products by mixing it with chemical markers. They would also conduct the statutory functions of checking the petrol pumps for adulteration, taking samples and testing them.

5.5 Based on this report, on 5 July, 2006, Accused No. 1, conducted a meeting of the three public sector oil companies. Thereafter, the said Accused No. 1 gave the following orders through the minutes circulated vide letter dated 12th July, 2006:

“IOC would coordinate on behalf of the Industry and finalise the modalities/contract and ensure placing of orders/signing of contracts or agreements with Mssrs. Authentrix”. (Emphasis supplied).

5.6 For the reason of the aforesaid instructions, representatives of the 3 public sector oil companies, on 26th July, 2006, conducted a meeting. Pursuant thereto, they decided to grant the contract to Accused No. 2 and 3. In this meeting, detailed modalities were worked out as to how to effect the execution of this contract by placing orders with Accused No 2 and 3.
5.7 After the aforesaid decision was taken contracts were awarded to Accused No. 2 and 3, by HPCL, BPCL and IOC, initially for a period of one year which has been extended by another one year. The aggregate value of the contract for two years is about Rs. 200 crores.

5.8 From, the aforesaid, it is seen that the accused persons, by indulging in a criminal conspiracy, abused their official position and violated the laws of the land. Accordingly, they have committed a clear-cut offence under section 13(1) (d) of the Prevention of Corruption Act, 1988.

6. CONCLUSION: While the accused persons have been booked but something need to be done for the act of those accused persons who had dismissed the whistleblowers from Service and who suspended Shri Ashok Singh just 3 days after the lodging of CBI complaint. Such whistleblowers need to be protected for the sake of transparent administration.

7. For further details contact the undersigned at 9969363065. For more details on legal aspects please contact our lawyer Shri Y.P. Singh at 9820233791.

8. The original complaint and the letter of CBI dated 27.5.09 is attached.
Simpreet Singh

CBI case against Corrupt IAS Officer

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