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RTI applications helped to furnish information regarding corrupt practice
I would like to inform a case history of long drawn struggle against a deep - rooted corruption. Recently with the help of RTI applications administration was forced to furnish
1. The election was held violating High Court's specifis orders.
2. A Govt officer was responsible for different corrupt pratices only to
help certain guilty persons.
If any members are interested to go through the case history , it is appended below. Certain facts have already been discussed in the Forum
GOVERNMENT ADMINISTRATION IS HELPING CORRUPT MANAGING COMMITTEE OF THE METROPOLITAN CO-OPERATIVE HOUSING SOCIETY, <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:Street w:st="on"><st1:address w:st="on">CANAL SOUTH ROAD</st1:address></st1:Street>, KOLKATA-105
<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
Due to various illegalities committed by the past managing committee including misappropriation of huge fund of the Metropolitan Co-operative Housing Society Ltd. and induction of members violating the provisions of the co-operative Act and/or Rules in this behalf, nine members of the Metropolitan Co.op Housing Society Ltd. moved a writ petition being Co. No. 13981(W) of 1984 before the Hon’ble Justice Bhagabati Prasad Banerjee (He then was), His Lordship had been pleased to dispose of the writ application being CO No. 13981(W) of 1984 on January 30, 1985 directing the Registrar of Co-operative Societies to appoint a special officer (renamed as Administrator) who was directed to do the following:-
(a) Prepare a voters’ list strictly according to law and hold election under the control and supervision of the Registrar.<o:p></o:p>
(b) Decide the question of the validity of the membership who has been inducted by the outgoing managing committee superseding the claims of the empanelled members which were empanelled by the Board of special officers appointed by the Hon’ble High Court in the earlier proceedings.<o:p></o:p>
(c) After deciding the validity of the membership of each one of the members, the special officer will prepare a voters list strictly according to law and to hold election on the basis of such freshly prepared voters’list.<o:p></o:p>
(d) special officers would be at liberty to cancel the membership of any of the members if it was found that the membership of any of the members were inducted illegally and in contravention of the provisions of the Act and/or the Rules in this behalf.<o:p></o:p>
(e) special officer shall immediately take over charge of the management of the said society and will submit a report before the Registrar of co-operative Societies as well as to the State Government about any illegalities committed by the outgoing managing committee for taking appropriate steps in accordance with law against the persons responsible in this behalf.<o:p></o:p>
From the above it is clear that there are two parts of the above order. (i) To hold a fair election and (ii) to take appropriate steps in accordance with law against the members of the outgoing managing committee for committing various illegalities.
The said order was affirmed by the Division Bench by Hon’ble Justice Anil Kr.Sen & Hon’ble Justice Mr S.,K.Mookherjee of the Calcutta High Court.
(FMAT 299 0f 1985 dt 30.9.85) .
As per the order of the Calcutta High Court the Special
officer(Administrator) appointed by the Reg. Of Co-op Societies
W. Bengal submitted a report both to the RCS as well as to the State Government regarding different illegalities committed by the last Managing Committee of this Housing Society. It was revealed from the enquiry that last Managing Committee spent more than 32 lakhs of rupees illegally from the Co-op Society’s fund. On continuous persuasion of the members of the Society the Registrar of Co-op Societies had issued show cause notices to the members of the Managing Committee asking them why the amount should not be realized from them. Afterwards the Reg. of Co-op. societies asked the Administrator of Metropolitan Co-op Housing Society to lodge F.I.R to the local police station against the erstwhile members of Board of Directors of this Housing Society as per the order dated 21.8.96 of the of the Hon’ble Division Bench of Calcutta High Court in FMAT No 299 of 1985. But this letter did never reach to the Administrator and relevant file was missing in the office of the Reg. of Co-op. Societies.
But no action was taken against the corrupt Managing Committee members till to day. How long the members of the Metropolitan Co op. Housing society will wait for the Justice?
Show cause notice was issued to the members of the past Managing Committee-Memo no 2620(50) dated 12.03.97<o:p></o:p>
Office Memo of RCS sent to the Administrator of the Housing Society to file an F.I.R against the past MC members as per Court’s Order- Memo no 8075 dated 12.09.97 But the Memo was sent to a wrong address and it was not at all received by the Govt. Administrator of Metropolitan Co op Housing Society. The concerned file was also not traceable in the Co operation Directorate.( office of the RCS) <o:p></o:p>
The matter was published sometimes in Sept. 2003, when Dr Surath Biswas, a newly appointed Administrator came into power in the affairs of that Housing Society.
Dr Biswas was ordered by the Calcutta High Court to conduct the election of that Hsg. Society for new Board of members within six months, as per earlier orders of this court and as per law. Dr Biswas did just the opposite. He conducted election violating the Court’s orders ( without resolving the membership dispute and without eliminating ‘disqualified members’ written statement in this regard has been received with the help of different RTI applications )
On the other hand Dr Biswas was dedicated to serve the purpose of the corrupt ‘previous members of the managing committee . This was clearly exposed when Dr Surath Biswas ‘arranged ’ a concocted so called report/ views of a chartered firm , with the help of which Dr Biswas exonerated those corrupt mc members from all illegalities.( What was the necessity of such a “purchased” audit report(!) , when as per High Court Orders RCS served the MC members with show cause notice and afterwards directed the Administrator to lodge F.I.R against the past MC members and most important point is that High courts repeated ORDER was to take action against------
“ illegalities committed by the outgoing managing committee for taking appropriate steps in accordance with law against the persons responsible in this behalf.”<o:p></o:p>
In this respect also Dr Biswas violated the High Court’s orders to serve the purpose of the corrupt persons.<o:p></o:p>
It was brought to the notice of the Principal Secretary of the Co operation Department as well as the Minister of the Co operation Dept.<o:p></o:p>
Mr. Dilip Chakraborti, Principal Secretary , Dept. of Co.operation, Govt of W. <st1:place w:st="on">Bengal</st1:place> directed Reg. Of Co.op Socities, W.Bengal ( Sri Nanigopal Chakraborti, who was very much keen to help the corrupt managing committee members of Metropolitan Co.op Housing, as evident by his past activities and exposed by the two episodes of KHOJ KHABAR ) to lodge FIR against the managing committee members of our Housing Society. Sri D. Chakraborti was convinced on examining different Courts’ orders as well as other documents ; and also as per Legal Adviser’s opinion . But RCS sent back this directive to the <st1:place w:st="on"><st1:PlaceName w:st="on">Writers</st1:PlaceName> <st1:PlaceType w:st="on">Building</st1:PlaceType></st1:place> asking some clarification, which was not at all needed. This time opinion of both L.A and Legal Remembrancer was sought for. According to them Principal Secretary’s direction was to be followed by the RCOS. As such RCOS was once again directed by the Principal Secretary to lodge FIR against the past Managing Committee members ( 21.11.05)
Sri Nanigopal Chakraborti, asked for more clarification whether this old case should be continued. As this was clearly explained in the order and judgment of the Division Bench of Calcutta High Court ( Order dt 22.07. 1994), members of Housing Society explained to Sri Dilip Chakraborti, P.S that delay in taking action by the RCS, against the corrupt Managing Committee members should not be the criteria of not taking action at all, as per the directives of High Court.
The Hon’ble Legal Remembrancer of the Government of West Bengal was also of the same opinion and asked to take proper action as per earlier direction sent to the RCS against the corrupt managing committee members, as already mentioned.
Sri Nanigopal Chakraborti sent the copy of the directive received from the Cooperation Dept to lodge F.I.R against the previous members of the Managing Committee to the “Abasik Sanstha” – a members’ forum of the said housing society for “necessary action” .
The F.I.R was lodged through the Court’s directive and one police officer was appointed for “ investigation” . That Police officer took the help of the views / report of a chartered Firm ( arranged by the administrator only to exonerate the corrupt MC members ) and submitted his REPORT in favour of the MCM , against whom the RCS directed to lodge F.I.R in 1997 and Legal remembrancer in 2005 once again directed the RCS to lodge F.I.R against those corrupt persons.
The “ Abasik Sanstha” challenged the views of the inspecting officer in the Court.
Recently it was learnt that the <st1:Street w:st="on"><st1:address w:st="on">Hon’ble Court</st1:address></st1:Street> directed the CID to investigate into the matter.
HOW LONG THE JUSTICE WILL BE DENIED
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Last edited by abhijeet; 28-01-08 at 10:30 PM.