CBI may Note: Paradip Port celebrates Modi’s 1st Office Anniversary with the Exultation of Compradors!

Subhas Chandra Pattanayak

Paradip Port authorities have celebrated first anniversary of Mr. Narendra Modi’s regime with the exultation of compradors in matching manner. They have shown how urgent transaction of the Port could wait till the comprador’s choice is ready to be entertained in contravention of rules and norms. When promulgation of land ordinance is being repeated to help favorites step into their grazing grounds in absence of a regular law, why not urgent and participated tenders be kept inoperative under repetition of notices in Paradip Port, the seat of the Modi Government on the Orissa coast?

The Port, which had invited tenders for three Harbor Mobile Cranes (HMCs), has resorted to blatant manipulation to favor a particular firm that had no qualification to be considered. The entire matter is so murky that a CBI investigation is essential to locate why the Port has acted so motivated.

The Port Trust called for tender on revenue sharing basis for three HMCs vide Tender Enq. No. EM.WS.Tech-06 /13 dated 12.08.2014. The participants were: M/s Orissa Stevendores Limited with offer of 4.5% revenue sharing, followed by M/s Karam Chand Thapar & Bros. (CS) Ltd (3.79%) and M/s ACE Commercial & Company Ltd, which was disqualified under the Technical terms of the Port Trust. The tender was discharged by on 04.12.2014.

The tender was re-floated by the Port Trust vide Tender Enq. No. EM/WS/Tech – 06/13 (Vol-I) Dt. 04.12.2014, the same day for the same three numbers of HMCs on the same term of revenue sharing. The two firms – M/s Orissa Stevendores Limited and M/s Karam Chand Thapar & Bros. (CS) Ltd. participated again with offer of 4.5% and 3.79% revenue sharing respectively. OSL even offered to increase its revenue sharing to 5% from 4.5%. The tender was discharged on 13.02.2015.

But, immediately thereafter, on the same day, under mysterious pressure, as if the Port Trust was waiting for another firm to participate, the tender was floated again vide Tender Enq. No. EM/WS/Tech – 06/13 (Vol-II) Dt. 13.02.2015.

A surprising stipulation was added to the extent that the participants each shall install one crane only.

This time, four firms participated as against the same three notified requirements. They were: (1) M/s Orissa Stevendores Limited with the highest offer at 9% revenue sharing, (2) M/s ABC Trans Carries Pvt. Ltd. at 8.8%, (3) M/s Viable Infrastructure & Logistics Pvt. Ltd. at 8.7% and (4) M/s Bothra Shipping Services Pvt. Ltd. at 8.5%.

Bothra was thus at the lowest position and three firms positioned above it – in view of the added stipulation that one crane would be allowed to be installed by each one of the participants, Bothra should have been dismissed from the zone of consideration. But that did not happened. The Chairman of the Port Trust asked it to enhance its offer to the level offered by the H1: Orissa Stevendores Limited. Other two firms were also asked to do the same which they complied with. But the smoky tricks of rendering the earlier two tenders inconsequential became clear when Letter of Intent (LOI)  was issued to all the four participants in blatant disregard to the fact that the Tender was floated for three HMCs only.

The surprise beneficiary is: Bothra Shipping Services Pvt. Ltd, which was the lowest in percentage of offer (8.5%).

Curiously, when the process of procuring an HMC from Germany takes at least six months, the Bothra Shipping Services Pvt. Ltd took only about 20 days and the ship carrying its crane was given priority passage and berthing despite a long wait-list of vessels. The whole issue appears predetermined to serve the Bothra.

Whether or not any ruling political top brass has acted a comprador for Bothra needs be investigated into. And, whether or not the conduct of Paradip Port Trust Chairman in giving Bothra the order for the fourth HMC, when tender was called for three HMCs only, is unauthorized and arbitrary, motivated by payola, needs also be investigated into.

It is incumbent upon Modi administration to locate the comprador, as the matter depicted here makes it clear that the favor shown to Bothra Shipping Services Pvt. Ltd is certainly not a normal transaction.

31 U-TURNS AND +

(Sri Tusarkant Satpathy, a former Banker, is a noted name in both print and social media. His observations on Mr. Modi’s first year on chair is considered very relevant for the general public as well as administration. Therefore, we devote our pages to the same.)

Tusarkant Satpathy:

[Let not a stand-in-comedian star in a full length movie: If, according to Modiji, Dr. Manmohan Singh was a Maunmohan Comedian at the behest of Madam Soniaji, HE(MODIJI) himself is not less at the behest of Nagpur House.]

On 26th May 2014, Modiji had taken oath as Prime Minister of India and assumed official charge of the same w.e.f. 27.5.2014. He started his functioning with an ORDINANCE for appointment of the Principal Secretary in PMO, Sri Nripen Mishra and completed 1st year of his rule on 26th May, 2015 with Land Acquisition Ordinance. Meanwhile he has undertaken “31 U-Turns” as below.
1. STATEMENT ON BRINGING DAWOOD IBRAHIM TO INDIA:
Before last general election, Modiji had thundered “We will pursue Dawood inside Pakistan the same way like USA targeted OSAMA BIN LADEN”.
-But on 05.05.2015, Minister of State, Home Affairs said in the Parliament “We do not know where Dawood is” Which was, exactly told by Congress on 07.05.2013 (So, is there any difference between both of them, Congress and BJP)
2. ON LAND SWAPPING WITH BANGLADESH: SRI ARUN JEITLY AS OPPOSITION LEADER IN RAJYA SABHA DURING UPA – II BILL ON THE MATTER HAD SAID:
The handing over of even one square inch of Indian Territory would be violation of basic structure of the constitution.
As we know from Keshabananda Bharati case, the basic structure of the Constitution cannot be altered. How then it is being altered now with “yes” to land swapping by Modiji? India will lose 10048 acres of land more to Bangladesh spread over 111 enclaves in comparison to 51 enclaves of Bangladesh.
–Why such U-tern?
3. MODIJI, AS CHIEF MINISTER OF GUJURAT HAD SAID ON RUPEE VALUE COMING DOWN VIS A VIS DOLLAR:
“It will reach the age of the Finance Minister” (then Sri Chidambaram).
“Whose Age it will reach now”?
-And how the Finance Minister Of State Sri Jayanta Sinha told that “Rupee at 63/64 Vrs Dollar Is good for Economy”
4. USA AMBASSADOR TO INDIA
India Born Richard R Verma, did not object when Indian Govt. served Notices on 9000 NGOs because none of them were funded by The US Entities. His indignation surfaced when US Outfits came under scrutiny
-Why Not such outburst by Sri Verma is being taken up by Modiji with his friend, to whom he had very fondly addressed as “Barrack” during the latter’s Delhi Visit , even without the customary Pre-Fixing of “ Mr.”?
5. MODI THE PM
Prime Minister Modi is himself the recipient of unprecedented, even Fawning Media Coverage (No National Leader in the past has had his Speech and Mega Events like In the Madison Garden Spectacle Broadcast In full by the Channels) said the other day “The Media has taken upon itself the Responsibility of spreading Lies against me”. That is an unkind outburst, especially when armies of Cyber Activists are ever present to demolish Modi critics in various Sites ( By Sri TJS George In The New Sunday Indian Express Dt 10.05.2015 -The Express Group is Out And Out BJP Supporter)
-Why Such Somersault?
-Oh Mediawale, Kya Ho Gaya.
6. THE RSS AND BJP
The RSS and BJP might well have taken the position during Manamohan Singh years that there should be no Dialogue with Pakisthan but Modi as PM is wise enough to recognize merits of Diplomacy.
-Was there no Diplomacy then?
7. 36 RAFALE PLANES
Thirty six Rafale planes from France are to be bought by India directly and rest to follow suit. But during UPA rule, It was decided that 18 numbers would be purchased and rest 108 Numbers would be assembled at HAL in India with France Technology ,which has been given a Go Bye In the present Agreement.
-Is it Patriotism and “Make In India” Syndrome?
8. MAHARASTRA STATE AGRICULTURE MINISTER SRI EKANATH KHADSE On 09.05.2015 Sri Khadse denied the claims of his counterpart in the Centre Sri Radha Mohan Singha (Agril. Minister at Centre) that only 3 Farmers had committed suicide in Maharastra since January 2015 ( Under BJP rule) saying ‘He had submitted a detailed report on farmer deaths’. He further said “I had personally handed over a detailed report to Sri Singha in New Delhi . Only he can say, why he said so” Khadse said. (The New Sunday Express dt 10.05 2015)
-Will any answer emerge as to why the figure was lowered abysmally?
9. LESS GOVT & MORE GOVERNANCE:
(1) The above is a very good slogan but how come the Union Home Secretary advises over telephone the Governors of States to resign?
(2) How a twice charge-sheeted person like Salman Khan is chosen as an Icon of Swachha Bharat programme of the Prime Minister and how was he a 1st row invitee of the P.M.’s swearing in ceremony ?
(3) How the Prime Minister congratulates Ms. Jayalalitha on the same day of her acquittal pending scope for appeal by Karnataka Govt. in Supreme Court? Would it have not been proper if such congratulation would have been extended after her taking oath as Chief Minister? Is it to garner support in RAJYASABHA for the Land Acquisition Ordinance to get passed?
(4) Why Modiji is reluctant to initiate CBI inquiry in respect of MINES SCAM in Orissa though he is empowered to do so as per recommendations of the Shah Commission?
(5) An IAS Officer has been served with ‘Show Cause Notice’ by Chhatisgarh Government for having put up a Sun Glass while meeting the Prime Minister.
-If these are not symptoms good Governance, then what are?
10. FDI IN INSURANCE:
When the UPA-II had introduced this Bill, Sri Yasawanta Sinha, (Finance Minister in Mr. Vajapayee’s time), being a BJP MP in Opposition had vehemently opposed the same. But most surprisingly, his own son Sri Jayanta Sinha, as Finance Minister of State in Modiji’s Govt. introduced the same and got passed with help of Congress. This led to comparing the action with Hindi song “Papa Kahate hein bada Naam Karega – Beta Hamara Yesa Kam Karega” By Trinmul M.P. Derek O. Brien.
-Why such U Turn ?
11. LAND ACQUISITION BILL
During UPA-II Bill on the matter, Sri Rajnath Singha as BJP President and Madam Sushama Swaraj as leader of Opposition had wholeheartedly supported the Bill which was also cleared by the present Speaker of Lok Sabha and the then head of the Parliamentary Standing Committee on the matter Smt. Sumitra Mahajan. Now, taking a complete U-Turn, Mr. Prime Minister, who as Chief Minister of Gujarat then had not opened his mouth is saying “Our support to the bill then was a mistake”. Is it to teach both the above mentioned leaders a lesson, because at some point of time, they also had eye on Prime Minister’s Chair. He is also not caring to the demands like ‘consent clause / social impact’ of his own RSS outfits like Bharatiya Kishan Sangh and Swadeshi Jagran Manch.
-When own people are ignored for the interest of Corporates, who cares for the demands of poor farmers!

12. IMPORTANT PORTFOLIOS WITH RAJYA SABHA MEMBERS:
Our Finance Minister Sri Arun Jaitley and the third member of the MODI-SAHA-JAITLEY-TROIKA (As per Sri Arun Shourie) on 14.05.2015 has said ‘The indirectly elected Upper House Members are obstructing passage of Law passed by the directly elected Lower House Members .Bill after Bill, Session after Session, India’s Parliamentary Democracy is facing a serious challenge. Article 110, dealing with Money Bills, is the Constitutional remedy for such a situation. BJP had also objected to UPA-II’s allocation of important Ministries to Rajya Sabha Members as they are not directly elected by the people.

-But how Modiji has allotted most of the important portfolios like Finance, Defense, Education, Power, Oil etc. to Rajya Sabha Members ? How Sri Jaitley himself, being defeated for a Lower House Seat was holding the posts of Defense and Finance portfolios initially and now holding Finance and I & B Ministries?
13. ARUN JAITELY
As leader of Opposition in Rajya Sabha Jaitely had thundered on “China War Report” not being made public. But he, as Defense Minister had told “It cannot be disclosed”
– Is this not a U – Turn?
14. NETAJI DEATH FILES
They cannot be declassified, said the present Modi Govt. But the same BJP leaders had demanded disclosure of the same while in Opposition. On 23.01.2014, (before last Parliamentary elections), Sri Rajnath Singh, as BJP President had declared in Netaji’s birth place at Cuttack “To declassify the Files”.
Union Minister of State for Home Affairs, Sri Haribhai Parthibhai Choudhury had said on 17.12.2014 that ‘It is sensitive nature and bringing it into the public domain at this juncture is not desirable from the point of view of India’s relations with other countries.
-Why such opposite view now?
15. DOUBLE TAX AVOIDANCE TREATY:
BJP leaders had demanded for disclosure of the names while in Opposition but in power, declared “Names can not be released because it would violate International Treaty”, the same thing told during UPA time. If, it is not U-Turn, then what is?
16. MAHATMA GANDHI NATIONAL RURAL EMPLOYMRNT GURANTEE SCHEME (MNREGA)
When in Opposition, the scheme was dubbed as wastage of tax payer’s money by the BJP leaders. But in power, the scheme is being continued.

17. CLAUSE 66A OF INFORMATION TECHNOLOGY ACT:
BJP had demanded abrogation of the clause, while in Opposition but pleaded for continuance of the same in Supreme Court while in power in a case filed by an activist Ms. Sneha Singhal.
-Why so ! (Of course, the Supreme Court struck down the clause in spite of Modiji’s Government’s desired to Continue with the same.)
18. ADHARA CARD:
BJP – while in Opposition – NO – and now – in power – YES – It is most ideal scheme. -Why such divergent views. Is it because “Role of opposition parties to oppose only, including very ideal ones”?
19. JANA DHANA YOJANA:
Then critic of UPA- II’s “Total Financial Inclusion Scheme” but now adopting the same scheme with name change only.
20. SWACHH BHARAT:
Then critic of “Nirmal Bharat” of UPA-II but now the same scheme is operation with name change only.. The difference is “A twice charge-sheeted and once convicted person is its Icon”. -Is it symbol of SWACHHA?
21. GOODS AND SERVICES TAX (GST):
As Chief Minister of Gujarat, Modiji has objected tooth and nail to the same bill of UPA – II.
-Why ‘No’ then and ‘Yes’ now!
22. DESHADROHI Vrs. DESHABHAKTA:
During Sri V. P. Singh’s rule, the present Chief Minister of Jammu and Kashmir was Union Home Minister. He, as Home Minister released some terrorists in lieu of his daughter, Dr. Rubiya Sayed, who was abducted by terrorists. Then he was called a “Deshadrohi” by the same BJP which has embarrassed him now.

Sri Atal Bihari Vajpayee, as Foreign Minister under Sri Moraraji Desai had to come back from his China visit as during his presence there, China had invaded Vietnam. But ,when Modiji was in close embarrass of Chinese President there, the Indian map released by China was showing Arunachal Pradesh and Jammu & Kashmiri as parts of China.

Our P.M. declares E-VISA to Chinese Tourists where as China issues stapled Visa to our Arunachal Pradesh residents. Sri Amit Shah, BJP President cancelled his meeting with H.H the Dalai Lama before Modi’s visit to China.

Mountain Strike Corps of 90000 personnel proposed during UPA Rule to act as a counter to the expending Chinese Military Capabilities, down sized to 29000 soldiers by the present Government before Modi’s visit to China.

India claims Pakistan occupied Kashmir (POK) as its territory where as China is investing hugely there.
-WHY MODIJI IS SILENT ON ALL SUCH ISSUES?Are these the examples of DESHABHAKTI?
23. 60 YEARS Vrs. 60 MONTHS:
Before election, Modiji, at the top of his eloquent voice shouted “You have given them 60 years – give me 60 months”. The 60 months period ends in May – 2019. But why all the targets now are aimed at 2022 and beyond!
-Was the pre-election rhetoric a complete hollow (JUMLA) one?
24. PRAFULLA PATEL – Down – Down – S. C. GUPTA – Up – Up:
Senior Minister during UPA-II, belonging to NCP, Mr. Prafulla Patel is the “Bidi King” of India. BJP was shouting at its top voice for no restriction on Tobacco use by UPA-II. But now, its own M.P. Sri S. C. Gupta from Allahabad, a BIDI King is also a member of “Parliamentary Standing Committee on Narcotics” for which, the ex-Health Minister Dr. Harshavardhan’s assurance that “80% of cigarette / Bidi packets would be covered by Statutory Warning from 1st April – 2015” is not getting materialized.
-What type of politics it is!
25. MORE FUNDS TO POLE-BOUND STATES:
When UPA Govt. was allocating more funds for poll bound states, that was a “SIN” as was being told by BJP. But now, adoption of the same practice is a “VIRTUE”.
-Does it justifies our Oriya Idiom, “Kahi Deuthanti Paraku – Budhi Na Disai Gharaku.”?
26. INCOME TAX RETURN:
The “SARAL” format made more “JATILA – cumbersome” by the high sounding Govt.
– Less Govt. and more Governance indeed !
27. VVIP RACISM:
While in Opposition, BJP promised to end the culture but in power, continuance of the same is the reality. Even the Civil Aviation Minister took match box in his pocket to Aero plane and boasted of the same.
– Is it the symptom of ACHHEDIN?
28. The BJP_SHIVASENA:
When in Opposition BJP was opposing cricket match with Pakistan. SHIVASHENA Party, its longest ally even dug cricket pitch in Mumbai in order not to have a cricket match between the two countries. But the present Govt. appears to allow cricket match between the two countries some time in DEC. 2015which is a matter of concern. Is it to save the Pakistan Cricket Board from bankruptcy?
-Will our money not be utilized against us as the same may be channelized to the accounts of terrorist groups!

29. RAM TEMPLECONSTRUCTION AS STATED BY HOME MINISTER RAJNATH SINGH AT AYODYA ON 10.05.2015:
The BJP does not have a majority in the Rajya Sabha. So, this time it is not possible to bring a motion in Parliament to make Law for the construction of Ram Temple.
He also refused to clarify if the Modi Govt. would bring in a law for Ram Temple construction once the party has the numbers in Rajya Sabha.
-(i) Will ever a bill be brought by any BJP Govt. with all the seats in both the Houses?
-(ii) Will another Advaniji emerge for a Rath Yatra in the fear of the Tea Supplier in that Rath pushing the Rama of the Rath to oblivion?
30. UPA WAS AFRAID OF BRINGING LOKPAL BILL:
Lokpal Andolan of Shri Anna Hazare was instrumental in Modiji coming to power. BJP leaders had promised” We will do immediately”.
Where is Lokpal ? Why CIC/CVC and many important posts are lying vacant?
-And what about bringing back the BLACK MONEY stashed abroad and crediting 15 lakh rupees to each family account as was promised by Sri Rajanath Singha , the then BJP President in an election rally on 03.11.2014?
YOGAGURU Ramadev ji, who played a vital role in making Modiji PM of India, had suggested some economic formulae so as to give away all tax systems (sales tax, income tax, excise tax etc). But unfortunately, no such proposal was incorporated in the last Budget. Rather, though his name was not in the “PADMA AWARD” list, the Guru declared “I am not interested”.. Now he is crying “PADMA AWARDS” are bestowed through lobbying and corrupt practices.
-What a tragedy indeed.
31. FINANCE MINISTER SRI ARUN JAITELY:
‘Demand of Retrospective Tax on Corporates by UPA Govt. was bad’ but the ‘same by him now (while he is in power) is good’.

And the only difference between Congress and BJP is “In comparison to UPA-II’s last year advertisement expenses depicting photos of Madam, Dr. Manmohan and other Ministers, the Modiji Govt. in 1st year of office has expended 40%’ less’
–Oh, what a great achievement ?
Henceforth, ‘according to the honorable Supreme Court’s verdict at 13th May – 2015, all the Govt. advertisements will be MODIMAYA only. Of course “No photo of other Ministers” was objected to by the Attorney General of India which the Supreme Court overruled. NAVEENMAYA PAGES with Govt. funds are over. The learned judiciary has taken over all the elements of Administration, from Mosquito eradication to Coal / Spectrum auction. Would it not be better if political and executive wings are abolished for their inaction?
ATTACK ON WHISTLE BLOWERS:
In BJP ruled State of Madhya Pradesh, 8 people linked to Madhya Pradesh professional Examination Board (MPPEB) scam have died mysteriously. It is reported that even one student having failed to pass Class-12th Examination (Rahul Yadav) secured admission to MBBS course because he is linked to an IPS Officer’s son-in-law involved in the scam
HYPERBOLE:
The much hype about allocation by the 14th Finance Commission on 10% extra allotment (32% to 42%) of funds to States is a hyperbole in as much as the reduction in Plan Allotment to States is upto 6% and thus the actual increase in allocation is 4% only. This has been clarified by Sri Abhijit Sen, member of the Commission.

INSULTING THE NATION:
The outbursts by the Prime Minister in foreign lands that ‘we were a corrupt nation prior to my taking over the charge, people were leaving the country then and the trend has reversed now etc’ are not expected of a head of the Administration of the Country.

THROTTLING PUBLIC VOICE:
Ten years after RTI was passed by Rajya Sabha on 12.5.2005, activists face hurdles. Transparency is under cloud. No Chief Information Officer, No Manpower, Missing of Files, Diluted Laws are the orders of the day.

RHETORICS:
When FUEL prices came down heavily due to International reasons, our P.M. roared ‘It is due to my good luck’. While the benefits of sharp decline in the cost were not passed on to the customers satisfactorily, the price of petrol has gone up by Rs. 7/- during the first fortnight of May, 2015 and by Rs.18/- from February, 2015.

IS MODIJI’S BAD LUCK RESPONSIBLE FOR SUCH HIKE OR IT IS OUR BAD LUCK?
Observing all the U-Turns, has the sociologist Mr. Dipankar Gupta quipped “Never let up a stand-in comedian, star in a full length movie or else it will hurt every time you laugh” ?

Contact:Tusarkanta,
Bhubaneswar,
Orissa,
E-mail : ID –tusar.satapathy@yahoo.co.in/ tusar1950kanta@gmail.com

Mob. : 08895857318

 

SBI forces Bengali Language on Oriya speaking people

Subhas Chandra Pattanayak

In whole of India, Orissa has a very unique place in history as not only the land of Kalinga war, but also as the land where British had not dared to set their ugly feet till the rest of the sub-continent had come to their control. The last soil to have been annexed to British India through treachery, Orissa was the first to have raised her sword to oust the British from her soil. In acknowledging this, he British historian G. Toynbee has said in his book A SKETCH OF THE HISTORY OF ORISSA , t“It was not long, however, before we had to encounter a storm which burst with so sudden fury as to threaten our expulsion, if not from the whole of Orissa, at least from the territory of Khurda”.

This heroic land, however, due to conspiracies of non-Oriya neighbors, had to succumb to British subjugation. The matter is elaborately discussed in orissamatters.com. Yet, for ready reference it may be recalled that, afraid of Oriya “disposition” (Magistrate W. Forrester to Commissioner Robert Ker on 9 September 1818) the British had divided the Oriya speaking tracks to four parts and merged the divided parts with Bengali, Hindi and Telugu speaking provinces to demoralize the Oriyas by reducing them to linguistic minorities in those rival areas. Exploiting this situations, some low-breed fellows managing their livelihood by working as pimps in red-light districts in those neighboring states had arbitrarily taken over Oriya lands and emerged first generation Zamidars. Those non-Oriya native servants and allies of the British were so savagely looting Orissa the thenBritish Collector of Cuttack Mr. W. Trower had described them as “scourge” in his report dated 23 May 1817(Revenue Administration in Orissa).

When people of Orissa raised a movement for amalgamation of all the Oriya speaking tracks so that they can collectively obstruct the loot of their land and assets by the non-Oriya servants and helpers of the British, the Bengalis started vomiting mad and maddening avowals that is a part of their own and hence Oriya speaking tracks annexed to their province were their own. Hindi and Telugu speaking provinces followed suit.

This claim of non-Oriyas had been taken up in Linguistic Survey of India the finding of which was given the words by G.A.Grierson. “The Oriya language can boast of a rich vocabulary in which respect neither the Bengali nor Hindi nor Telugu can vie with it”, it declared. The Bengalis got a great slap when their jewel linguist Suniti Kumar Chatterjee said, “It may be said without travesty of linguistic truth” that Oriya is much senior to Bengali and is Bengali’s elder sister”.

So, in language issue, the Bengalis know where they stand. Yet, they have been trying to inject their nuisance in villages of Orissa near to their provincial boarder. The language issue has remained the sensitive issue between the two linguistic rivals.

What was the necessity of telling this? This is because, the State Bank of India, running its LCPC Branch in Kolkata, has played a new mischief of forcing Bengali language on Oriya speaking customers of SBI in Orissa under guise of a RBI guidelines.

This is criminally offending to the people of Orissa. I would like the SBI and RBI national authorities to explain their positions to people of Orissa and beg unconditional apology publicly for the mischief the LCPC branch of SBI, Kolkata has played. Here below is the corpus delicti:

SBI forces Bengali on Oriya people

Impelled by Inner Soul, Standing Counsel Resigns

Subhas Chandra Pattanayak

New Schools have been promised. New schemes have been announced education of children engaged in drudgery. Wordy acrobatics are in full display to convince people that Naveen Patnaik’s regime is committed to make every Oriya child educated.

I am not going to repeat how schools have been made the hubs of forged certificates. I am not going to repeat how  the Directorate of School and Mass Education has corrupted school education and has become a sanctuary of officers who act in nexus with and protect the school teachers that forge High School certificates and how recommendations of the Board of Secondary Education for lodging criminal cases against forgers of School Certificates caught with corpus delicti in course of investigation are ignored by the authorities.

I am not going to tell how massive numbers of schools have no roof, no sanitary facilities, no playgrounds.

I am not going to inform how the schools are politically forced to stay out of teaching, as majority time of the schools get lost in arrangement of mid-day-meals.

I am not going to report how the School and Mass Education Department is not behaving as an ‘ideal employer’ as the Supreme Court has advised the public sector employers to be, because of which, more than 20,000 cases have been preferred by tortured teachers, out of which are 5000 Contempt of Court cases against the Government for not having honored the directions of the Courts as and when issued for settling the disputes the department is entangled with.

But I am going to tell you that, so incorrigibly litigant the department has become that, its Standing Counsel has resigned from the post, being pushed by the State government into a state of suffocation, where helping the Court with “effective” legal assistance as the departmental lawyer was becoming impossible.

The department is pushing the teachers and the schools into predicaments compelling them to seek redress in the Courts. But when cases are lodged and petitions are received and cases are registered and time for Government’s response is notified,  the department is not advancing its counters. Around 15,000 cases are pending at the initial state, as the government has been ignoring the necessity of formulating their counters, years after years, for around fifteen years.

BPTSuffocated to the core,  with the feeling that the Government’s reluctance to end the cases as soon as possible so that the teachers and institutions shall come out of the cocoon of litigation to devote their best to education in the state, the Standing Counsel Adv. Bibhu Prasad Tripathy has tendered his resignation a few days ago.

“MY INNER SOUL IMPELLED ME TO TENDER MY RESIGNATION”, he has said the Government. He is one of the finest lawyers the State has ever produced. An alumnus of the famous National Law School of India University, Bangalore, Mr. Tripathy is General Secretary of Progressive Lawyers’ Association and a member of the State Bar Council of Orissa.

For documentation, we place here his resignation letter:

BPT_Resignation

Conflict between two activists indicates to what extent Orissa is worried over limping steps on Chit Fund

Subhas Chandra Pattanayak

Money saving avenues are available in plenty from postal to public sector banks in every nook and corner of Orissa. Deposits in these saving banks not only fetch higher income through interest, but also help the Government with funds for welfare of the people. But, allegedly 40,000,00 persons of Orissa, who had some money to save, did not prefer the saving banks in the public sector and, for more profit, they designed to keep the State in dark about their investable funds. They, because of their avarice, run after “profit” instead of “interest”.

Avarice led them to wedlock with the crooks who have such an empire that the Supreme Court having ordered for CBI investigation into the offense, has not thought it proper to allow the investigating agency to act as it likes, because, perhaps it has felt that, unless constantly monitored, the highest national wing of investigation might be swayed away by the force of money the crooks command and the political patronage they enjoy in Orissa, the State of idiots where compradors rule.

The people of Orissa, as a whole, are not involved with this unethical, opportunistic partnering of avaricious investors with the black money empires and, therefore, in no way the State Exchequer should be forced to cough up money for the said investors; as, had they not been cheated, they would not have shared their “profits” with the public.

The only public concern of Orissa is, therefore, not recovery of money from the swindlers, but punishment against the swindlers for their criminal conducts. Whosoever conducts a crime must be punished, says the Laws of this land that has defined the crimes and prescribed the punishments.

Indian criminals are mostly unpunished, not only because the investigators do have secret agents of the criminals in their midst, but also because, the criminals have their patrons and protectors in the judiciary.

Against this backdrop, it is good that the apex court of India has taken onto itself the burden of monitoring the chit fund investigation by the CBI. In this, the court has also taken a risk.

The chit fund swindlers are known to the people thanks to media with marked mania to claim credit for exposing any crime committed under the nose of administration.

There are agents of the crooks in media also. Owners of media organizations and senior working journalists dragged by CBI into investigation chamber and thrown into jails as under trial prisoners makes the point clear.

Yet, it is media in general that has refused to side with the crooks and has exposed the felony of the chit fund operators and has made the general public aware of the ongoing offenses. Resultantly, social media has fabulous information on what is happening in the chit fund matter.

So, principled media and social media are keeping alert eyes on the role of CBI as well as the Supreme Court in matters of chit fund. Slowly but steadily this is making people conscious of how powers that be play havoc with their collective life by creating a climate of crimes.

Right to Information has emerged as a great weapon in hands of the people and RTI activists are making their contributions to mass awakening in this particular matter more conspicuous, as their watchful eyes continue to study the role of CBI vis-a-vis the Supreme Court.

And, as I watch, this watching upon the proceedings of the chit fund inquiry has become such an obsession with RTI activists that one of them, Jayanta Das has severely reprimanded his admired friend Alok Jena in social media – facebook.com – for rejection of an IA of Jena in the Supreme Court recently, though he knows that Jena had to take the risk of pleading his case himself in the Court against an array of astute advocates engaged by the crooks and their associates.

Das admits that Jena has been fighting the case with funds generated by mortgaging even his wife’s jewelries. Yet, when he failed to engage a lawyer, basically because of lack of funds and resultantly failed to convince the Court due to lack of personal expertise in tackling the tricks of law, the RTI activist has not hesitated to subject him to scathing criticism. This is nothing but a facet of people’s restlessness to see the crooks punished.

When an outstanding ally of Jena like Das resorts to heartless censoring of his friend over his failure to generate a favorable order on an IA petition, It suggests very strongly that the people are uncompromisingly serious in the matter of chit fund investigation and equally restless to see the crooks punished.

Here the image of the Supreme Court is at risk. People are conscious that top judicial functionaries like Justice Laxmikant Mohapatra are not yet dragged into investigation even though their link with chit fund operators is discernible. People are aware of the fact that Orissa High Court has already helped a ruling party MP save his status by allowing him to join the Parliament for a day before last limit of 60 days of absence in the House expires in his case, he being an under-trial prisoner. People are conscious that Orissa High Court has helped former Advocate General of the State escape the CBI Court hock by bagging a bail order under unprecedented judicial shenanigans the like of which had never reached people’s eyes in this State. People are shocked to see MLA Pravat Tripathy getting enlarged on bail by the High Court. All these have happened when the CBI investigation into chit fund felonies is going on under Supreme Court direction and monitoring.

The entire matter of chit fund felonies and CBI investigation thereon is a matter that rests with the Supreme Court and hence, the High Court should have refused to intervene in the cases aforesaid.

As CBI has the history of being misled by powers that be and as Indian Judiciary has history of rendering important cases inconsequential, the people are naturally worried over delays in determining and punishing the crooks that have criminally cheated about 40,000,00 people of Orissa.

The Supreme Court should review all the bails granted by the High Court and all the inactions the CBI is marked for in matter of investigations into the chit fund cheating.

Fidgets: Manmohan Singh who called revolutionaries ‘left viruses’, calls CBI Court ‘mindless’

Subhas Chandra Pattanayak

Former Prime Minister Manmohan Singh is in fidgets, as situation has been created to judicially focus on his face.

Being summoned by the CBI Court in Coal Block allocation scam, instead of cooperating with the Court as an ideal citizen, he is trying to evade the Court, by preferring a litigation in the Supreme Court of India seeking quashing of the summon.

At the crux of his petition lies his perception that the CBI Court is mindless.

The summon issued to him is generated because of “non application of mind”, he has alleged.

He is a man who, in his nefarious design to render the Constitution of India purposeless by sabotaging its resolve for socialism, had hurled the wordy filth ‘left viruses’ at the revolutionaries that fight for socialism, to overcome whose impact his government was giving the people opiates like subsidized wheat and rice to keep them under slow-starvation while continuing to densify capitalism, which was the cause of starvation.

Now the same man Manmohan Singh, lest the CBI Court comes to the conclusion that he was working as a comprador in the coal block allocation matter, has called the Court mindless.

When in Office, Singh had tried to belittle the dignity of India’s Constitutional Authority of Audit – the Comptroller and Auditor General (CAG) – whose reports were exposing the black deeds of his administration.

Singh was terribly irritated when in March 2012 the CAG estimated that the country has suffered a financial loss to the tune of Rs.10.7 Lakh Crores because of scam in coal block allocation during the period from 2004 to 2009. In May 29, 2012, he asserted that he would give up his public life if found guilty of the scam.

When the CBI court is attempting to find out whether or not he is guilty of the scam, and the ready issue in hand is his role in allocation of Talbira -II coal block to a particular private company called Hindalco in 1996, the same Manmohan Singh is trying to quash the Court’s attempt to reach at the truth!

The people of India have punished the Congress as severely as possible only in order to avenge Manmohan Singh’s misrule and treason against the country. His administration was marked for unprecedented treachery against the people, subjugation of India to American hegemony, compromising with India’s future in order to ensure “bonanza” to Americam Nuke traders, and amongst may other offenses against the country, attempts to thwart the Supreme Court’s judgment through vested interest ordinances, disturbed over which, Rahul Gandhi, the only person in Congress marked for his eagerness to be one with the poorest of the poor Indians the victims of or threatened by big private industries, had called Manmohan’s ordinance-missile against the Court as ‘Nonsense’.

Let the Supreme Court decide his petition as it likes, because there is no avenue available to the people to intervene with what it will hold.

But the conscience of any citizen of this country holds that whether or not the former Prime Minister of India has acted a comprador in coal block allocation to Hindalco be determined through a competent Court of Law within a specific time.

Ramesh Pattnaik: Martyr in the battle against exploitation in Samaja

Subhas Chandra Pattanayak

As has already been shown, the history of Samaja under Servants of the People Society (SoPS) is a history of treachery, forgery and scourgery.

This write-up will narrate how a low paid employee of Samaja namely Ramesh Chandra Pattnaik breathed his last in a long fight for justice on the battle field of Law that spanned from a labor office at Cuttack to the Supreme Court at New Delhi, as his mighty employer, after having illegally dismissed him, had misused media power to obstruct adjudication of his dispute under the Industrial Disputes Act and yet again had foiled the relief granted to him by the lowest Civil Court, Cuttack by using the forum of the High Court of Orissa.

If anything, he is a martyr amongst the workers in the battle for justice in the ramparts of Law.

Anti-worker I.D.Act

bijubabu watchig scpTwo and half decades ago, I had set fire to Industrial Disputes Act in front of the Orissa Legislative Assembly when it was in session, to shock-awake the State Government to the need of reference of a case of dismissal of a Journalist (Vevekanand Dash) to the Industrial Tribunal. His powerful employer being the son-in-law of the Chief Minister of that time, the Minister of Labor had blocked the reference taking advantage of a provision in this Act that no industrial dispute raised by a worker can be taken into cognizance by a labor Court or Industrial Tribunal, despite Conciliation Officer’s recommendation, unless the State Government refers the dispute for adjudication. The then Leader of Opposition Biju Patnaik had witnessed my action, but as he also belonged to the class of exploiters, kept mum in the Assembly over the anti-worker provision in the I.D.Act.

Ramesh Pattnaik was the first victim of this provision in Orissa.

Rath and the rule of terror

Radhanath Rath, whom an anti-people Government had decorated with Padma Bhusan, was running a rule of terror in the Samaja organization. He was a ruthless oppressor and to him, the Samaja employees were just like subjects in a fiefdom. He was hiring and firing them as he liked. He was deriving a sadistic pleasure by keeping the employees intimidated. He had promulgated a standing order not by signing the same with the employees, but with an outsider behind back of the employees. He had ruined the employees’ collective morale to such extent that their trade union was accepting his hegemony in its affairs without any objection. We see trade union activism has grown amongst employees of Samaja only after demise of Rath. This speaks volumes of how Rath had kept the employees intimidated constantly.

And to keep the employee constantly intimidated, he was subjecting them to unfair labor practices as he liked. An example of his whimsical action was Ramesh Chandra Pattnaik.

He was, all on a sudden, given the shock of suspension on 9 April 1969. Rath was expecting that he would go and fall at his feet praying for withdrawal of the suspension order. He could have derived a sadistic pleasure from that. But, instead of falling at his feet, Ramesh preferred a complaint before the Labor officer. He was dismissed from service on 4 July 1969 under prevention of a domestic enquiry having found him guilty of charges framed against him.

Denial of reference under I.D.Act

Pattnaik challenged the illegal order of dismissal before the Labor Officer. Due to non-cooperation of management the conciliation failed.The Conciliation officer sent the failure report to the higher authorities with his recommendation for adjudication. But Rath used his tremendous media power to get the recommendation of the labor law implementation authorities rejected on 5 March 1070.

Browbeating the Civil Court

Ramesh knew of the design and understood that unless the government refers his dispute for adjudication, the Labor Court/Tribunal shall take no cognizance of his case. Therefore he had, without any prejudice to his industrial dispute, invoked the Civil Court jurisdictions on 14 Nov 1969 for declaration that the termination of his service was null and void and that he continued to be in service despite the order of dismissal and was entitled to the emoluments for the period subsequent to the date of dismissal.

In order to browbeat the Civil Court, heavyweight advocates were engaged to oppose the civil case under the plea that Pattnaik being an industrial worker, the Civil Court had no jurisdiction to entertain his case. The Munsif (Presiding Officer of the lowest Civil Court) in his order dated 12 Dec 1974 rejected the management plea and ordered that the suit was maintainable in his Court. He further declared that natural justice was denied to Pattnaik before dismissing him. But, surprisingly he refused to give him the relief sought for, interpreting employment of Pattnaik in Samaja as a contract of personal service.

Law is a conundrum and judges are not punished for wrong interpretations of law.

Appeal and after

Severely disadvantaged by the Munsif’s order that dismissed his suit despite finding how natural justice was denied to the him, Pattnaik approached the First Appellate Court who by its order on 17 Oct 1974 remanded the case to the Munsif with instructions to record findings on the additional issues to be framed consequent upon the amendment of plaint.

Hearing the case afresh, the Munsif said that Pattnaik was entitled to a decree of Rs.852.70 as compensation for “wrongful dismissal” and he was also entitled to pendent lite and future compensation at the rate of Rs.165 per month until he attends the age of 60 years or until his death whichever is earlier. But shockingly. the said Munisif rejected Patnaik’s claim for incremental pay, gratuity and bonus.

Pattnaik moved the Appellate Court again against this later part of the Munsif’s order whereas the management filed cross objections to the Munsif’s finding that the dismissal was “wrongful”.

The First Appellate Court dismissed the management’s cross objections and confirmed that Pattnaik’s dismissal was wrongful.

Rejecting the Munsif’s earlier observation that Pattnaik’s employment in Samaja was a matter of a contract of personal service, the First Appellate Court held that, his service had already acquired “a statutory status” by virtue of his conditions of service being governed by the Standing Orders. The AC therefore ruled that the dismissal of Pattnaik was contrary to law and he was entitled to the emoluments of the service since his dismissal till reinstatement, as his service shall not be treated as broken.

Samaja dragged the matter to High Court

An ideal employer should have seen his own fault in the mirror of the concurrent findings of both the courts that Pattnaik’s dismissal was wrongful and could have amended its wrong steps. But Rath was too anti-worker to honor the judicial wisdom that went in favor of the workman. He took the case to the High Court of Orissa, by using the SoPS. Biswanth Das and Others Vs Ramesh Chandra Patnaik and Another commenced.

The illegal occupiers of Samaja did not challenge the concurrent finding of both the Civil Courts that the order of dismissal of Pattnaik was wrongful inasmuch as it was made in violation of the principles of natural justice as well as the standing orders; but they challenged the Appellate Court’s orders that Pattnaik be treated as in continuous service with emoluments from the date of dismissal.

While thus admitting that their action against Pattnaik was “wrongful”, the wrong-doers told the High Court that once having invoked the conciliation power of the labor officer, the wrongly dismissed workman had no right to move the Civil Court. A single judge bench of the High Court relied upon another single judge verdict to say that, the wrongfully dismissed workman had no right to move the Civil Court, even though the State Government had blocked his right to be heard in the Industrial Tribunal. This judgment was delivered on August 9, 1978.

Ah! August 9 !

Ah! August 9, the day the poor exploited population of India had added their strength to Gandhi’s voice to give the ‘Quit India’ call to the British! What irony! A poor worker’s case was rejected by the State Government to be referred to the Industrial Tribunal for adjudication and the High Court nullified the relief given to him in the Civil Court by saying that the industrial adjudication was the only avenue available to him for redress of the wrong done to him, in the circumstance of the case, even though the I.D.Act says, no Labor Court or Industrial Tribunal can take cognizance of any industrial dispute unless referred to by the Government. What irony! What a great irony on the day of an anniversary of ‘quit India movement’ that the working class had made a success!

Law is a conundrum

Law is a conundrum and judges are free to interpret the laws and deliver their verdicts as their wisdom dictates, even if that denied justice to the wronged worker.

Heroic death of a Martyr

But the wronged poor man was having an exemplary workman spirit too real to acquiesce into accepting the single judge of the High Court as the last word in Law. He went in appeal to the Supreme Court.

He was physically and financially ruined. He had disposed of ancestral landed properties to sustain his family of six members including two sons and two daughters – all school going – and to meet the litigation cost.

Enforced idleness had already put him in slow starvation. Before he got justice in the Supreme Court, he breathed his last.

The great fighter carrying in his body the sufferings and determinations of the working class to overcome the sufferings, and epitomizing the spirit of the working class to fight against exploitation, died a heroic death.

Baton of fight carried by the wife

After his death, his wife Smt. Prasannaa Pattnaik took up the baton of fight from her husband’s funeral pyre and made herself and her children the substitutes for the Appellant in the case before the Supreme Court of India.

The Supreme Court disapproved the judgement of the single judge of the Orissa High Court and passed an order on allowing the appeal of Ramesh Chandra Pattnaik.

This order is very significant. I quote the relevant portion of the judgement below:

“We have heard learned counsels for the parties. During the pendency of this appeal, the workman died. His widow and four children have been brought on record as legal heirs. We are prima facie of the view that the High Court fell into error in reversing the judgment of the first appellate court. It is, however, not necessary for us to go into the merits of the controversy. Keeping in view the facts and circumstances of this case, specifically that the first appellate court granted relief to the workman as back as march 1976, we direct the respondent-management to pay a sum of Rs. two lacs as compensation to the widow of the workman within two months from today”.

It was a moral victory for Ramesh Chandra Pattnaik and his family. It had come to them on 23 January 1996.

January 23 revered in Orissa in matter of her two great sons – Veer Surendra Sai and Netaji Subhas Chandra Bose, became a day of posthumous victory of the Martyr amongst her working children, Ramesh Chandra Pattnaik.

Fight not over

But the fight against the oppressive management of Samaja is not yet over. Devi Prasanna Nayak, Subash Chandra Singh and others have been fighting for justice to the exploited employees of this this paper even today, and the State Government is continuing to ignore the unfair labor practices and exploitation resorted to by the illegal occupiers of the paper.

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