From; Date; 07.08.2012
CA KD Aggarwal, Advocate.
# 1366, Sector 40-B, Chandigarh
To,
The Director Central Vigilance Commission,
Satarkata Bhavan , A-Block , GPO Complex ,
INA , New Delhi - 110 023
SUB; Complaint of Corruption against D P
Ojha, Class ‘A’ Employee
Ministry of Corporate Affairs, New Delhi presently posted as Official
Liquidator, (attached with Punjab and Haryana High Court), Plot No 4-B, Sector
27-B, Chandigarh.
Dear Sir,
1. Undersigned
is a qualified Chartered Accountant, though an advocate, I am presently not
doing any cases subject to odd exception but leading my life for social causes
of fighting corruption by Public Servants. In nutshell, the present complaint
relates to payments by D P Ojha Official Liquidator, Chandigarh, [Class ‘A’
employee of Ministry of Corporate Affairs, New Delhi] of crores of rupees of public
money to security agencies in name of security guards who have never been born.
2. Sh
D P Ojha, Official Liquidator possesses hundreds of Crores of unaccounted
assets on behalf of the Hon’ble High Court. Estimated worth is in range of 100
Crores to 1000 Crores. D P Ojha has not given accounts of these assets ever to
the Hon’ble High Court or to it Ministry of Corporate Affairs. Neither the High
Court nor the Ministry has any inventory or valuation of these assets. Letter
No 307 Dt 21.02.2012 received from Punjab and Haryana High Court (Annexure C-1) states;-
“It is hereby informed that the Official
Liquidator has not supplied compiled list of inventory of all assets and
properties of companies under Liquidation along with their valuation. If it has
been filed in a particular case then please mention that case number.”
3. Similarly
letter No 7757 Dt 02.03.2012 received from Government of India, Ministry of
Corporate affairs (Annexure C-2)
states;-
“I am to refer to your application dated
27.2.2012 on the subject citied and to state that no inventory of list of
assets and properties of companies under Liquidation furnished by the official
Liquidator to the directorate.”
4. If
some crores are missing nobody will be wiser. But where do these missing Crores
go and to whom ??? Another interesting feature of their working is that when High
Courts tell them to do something they say that they fall under administrative
control of Ministry and has to abide by the Ministry and when Ministry tells
them to do something they say that they are attached with Hon’ble High Courts
and have to follow the High Courts. The counsels in High Courts are dependent
on them as work to private advocates is also referred by OLs. To compound the
problem, by the time a Company Judge understands the working of OLs, the Roaster
is changed. OLs have thus become masters of hundreds of crores of public money
on which public has practically no control.
5. Guidelines
have been framed to be implemented by the security agencies and it the duty of
D P Ojha, Official Liquidator to ensure that security agencies have implemented
with these guidelines before making the payments. Para 5 of said guidelines (Annexure C-3) is;-
“Names and permanent addresses of security
guards deployed at the factory / office premises shall be supplied at spot, if
possible, by the security agency, but latest within a week’s time of such
deployment to Official Liquidator”
6. After
2009 the requirement was that monthly salaries would be deposited in the bank
accounts of employees every month (C-4).
It is a matter of record that bank accounts of employees were opened in 2010
out of which 50% were in Goa whereas the employees are shown to be working in
Punjab. Again the bank accounts are blank. No salary has been deposited every
month as per requirement. Yet D P Ojha is threatening secured creditors that if
they do not pay if will get contempt petition notice issued against them. On
personal visits these employees could not be found on spot. Banks pays 9%
guaranteed return on fixed deposit than why agencies will some work on 7%
return unless they are claiming and being paid for fictitious employees.
7. As
per information 90% of the employees claimed to be employed by security agency
have never been born and hence there cannot be any proof of their permanent
addresses and none was ever supplied. Security agencies are required to submit
proof of their identity on spot but none have been supplied ever as the
security guards in whose name salaries are claimed to be taken have not even
been born. Crores of rupees have been given by D P Ojha without verifying the
proof of their existence amounting to embezzlement of crores of public money.
As per information D P Ojha is charging upto 50% commission from security
agencies for approving payment for fictitious employees.
8. In
one such case Rs 1,5 crores are being claimed by Industrial security and fire
services Bombay Pvt Ltd in name of 41 employees out of who 38 have never been
born. This payment was duly approved to be paid by D P Ojha. Timely Information
was given to secured creditor namely PSIDC (Punjab state Industrial development
corporation) vide letters Dt 22.11.2010, 7.1.2011 and to secretary Ministry of
Corporate Affairs, New Delhi vide letter Dt 12.2.2011.
9. The
matter was got investigated by High Court by a committee of three Persons ; D P
Ojha Official Liquidator ‘Chairman’ ( strangely main accused is made chairman),
Security agency (accused) and PSIDC (secured creditor). Additional Managing
Director of PSIDC has given a report vide Annexure ‘A’ of minutes Dt 19.3.2012.
(Annexure C-5);
“In the Committee meeting held on 12.3.2012
it was admitted by representative of Security agency and Official Liquidator
that names and permanent addresses of security staff deployed by security
agency were never supplied to official Liquidator as per the terms and
conditions of empanelment of security agencies accepted by the Security
agency”.
In the meeting Proof was given for the 1st
time for only 3 regular employees. Another employee Mr Abhey Kumar Yadav was
also claimed to be working with Indo gem laminations another company under
Official Liquidator during same period. No proof of existence i.e. ID Proofs,
proofs of permanent addresses etc of remaining 38 employees was given. High
Court has no administrative control over Central Government Employees.
10. Inspite
of the above information and proofs of embezzlement of crores by D P Ojha,
neither the Ministry of Corporate Affairs nor Hon’ble High Court has taken any
action and it appears that D P Ojha enjoys some ‘clout’. Sh D P Ojha being
class ‘A’ employee of Ministry does not come under administrative control of
Hon’ble High court. The only authority competent to take action against D P
Ojha is Central Vigilance Commission. Hence this complaint.
For information and necessary action;
CA K D Aggarwal, Advocate.
