To, SSP,Chandigarh.
SUBJECT: Complaint against Rajive Bhalla Judge, High
Court, Chandigarh and D P Ojha presently official Liquidator Lok Nayak Bhawan,
8th floor, Khan Market, New Delhi for committing offenses u/s 120-B,
406/409/420/503 IPC r/w 13(2) r/w 13 (1) (d) of PC Act and R/W Section 3(2) of Judges Protection
Act.
Sir,
It is wrongly believed that police has no
jurisdiction to prosecute sitting or retired judges of High Court because of
Judges Protection Act. This is incorrect. There is a huge exception contained
in section 3(2) of Judges Protection Act which authorizes all law enforcement
agencies to prosecute any sitting or retired judges. Sec. 3(2)
of Judges Protection Act states;-
“(2) Nothing in sub-section (1) shall
debar or affect in any manner the power of the Central
Government or the State Government or the Supreme Court of India or any High
Court or any other authority under any law for the time being in force to take
such action (whether by way of civil, criminal or
departmental proceedings or otherwise) against any person who is
or was a Judge.”
A traffic constable can challan a judge for
traffic violation similarly even an ASI can book a Judge for committing a crime
though permission of President of India or Chief Justice of India may be
required. There have been instances in recent past when sitting judges were
arrested and charge sheeted. Judge Shamit Mukherje Sitting Judge Delhi high
Court was arrested. Judge Nirmal Yadav a sitting judge of uttarakhand high
Court was chargesheted by CBI. Nothing debars any authority under any law to
initiate, investigate criminal proceedings against any High Court Judge if
charges are proved. If information discloses offenses, than matter can be
registered, investigated and if charges are proved than permission can be
sought from president of India and Chief Justice of India. Hence this
information for initiation of criminal proceedings against Judge Rajive
Bhalla Briefly stated the facts are;
22.11.2007;
That IFCI had filed a Company Application No
454 of 2007 for directions to Official Liquidator for
inviting and finalizing claims of creditors / workmen. Property had been sold
by Debts Recovery Tribunal (hereinafter called DRT) and sale proceeds were
lying with DRT. Sh DP Ojha Official Liquidator was to apply to DRT for payment
of his expenses as per provisio to Section 529(2) of Companies Act. The then
Company Judge, Justice Permod Kohli directed Official Liquidator to appear
before Recovery Officer, DRT and state his case for payment of expenses. This
order was further re-affirmed by subsequent orders Dt 14.2.08, 18.1.08,
20.3.08, 22.5.08, Copy of Order Sheet is Annexure
P/1 a-e. These orders were as per rules 214-216 of Companies Court
Rules, 1959 r/w first provisio to sec. 529 (2);-
“Provided that if a secured creditor instead of
relinquishing his security and proving for his debt proceeds to realize his
security, he Shall be liable to [pay
his portion of the expenses] incurred by the liquidator (including a
provisional liquidator, if any) for the preservation of the security before its
realization by the secured creditor.”
1.7.2008;
Justice Rajive Bhalla is appointed to look
after Company cases.Copy of Roster from 1.7.2008 is Annexure P/2. Sh DP Ojha was
misappropriating public money in name of fictitious security guards and above
orders were standing in his way. Facts hereinafter prove that Sh DP Ojha
discussed with Rajive Bhalla Judge in Chambers how to get entire sale proceeds
from DRT. Facts hereinafter prove that Public Money were illegally got from
DRT, given to Sh DP Ojha, OL by connivance and criminal conspiracy between
Rajive Bhalla Judge and public funds were misappropriated.
24.7.2008;
Without
any additional facts or any application, Rajive Bhalla Judge suo moto reversed
legal orders Annexure P/1 a-e i.e. Orders Dt 22-11-2007, 18.1.2008,
14.2.2008, 20.3.2008, 22.5.2008 and summoned Recovery Officer to appear before
him on 1.8.2008 vide his order Dt 24.7.08 Annexure P/3.
1.8.2008;
Justice Rajive Bhalla, threatens Recovery officer Sh Gurnam Singh to put
him behind bars / put him in jail / hold him in contempt. He suo moto records
his consent to hand over sale proceeds of property of secured creditor IFCI to
Sh DP Ojha, Official Liquidator. There is no consent. False record is created
under threat of imprisonment and illegal incarceration of Recovery officer. Copy of Order passed on 1.8.2008 is Annexure P/4. The threats made by
Rajive Bhalla, Judge are immediately brought to notice of then Hon’ble Chief Justice.
Within 3 days, Roster of company Cases is changed wef 4-8-2008. Annexure P/5. I was a witness to above
incident. Legally Rajive Bhalla could not give sale proceeds to D P ojha. D P
ojha had to go to DRT, prove its claim and than receive the money. If J Rajive
Bhalla could have legally given such amount to Sh D P Ojha than there was no
need to summon a Judicial officer to his Court and give threats. If there was
no consent he could not have recorded it. CCTV footage would have proved that
there was no consent inspite of threats of Rajive Bhalla to Sh Gurnam Singh to
put him behind bars or send him to jail. This amount was later misappropriated
by connivance and conspiracy between Rajive Bhalla Judge and Sh DP Ojha
Official Liquidator.
2009-2011;
I come to know of misappropriation and
embezzlement of public funds by Sh D P Ojha. I started filing application under
RTI to elicit information and evidence of corruption. The information is
resisted by D P Ojha. In 2011, Justice Rajive Bhalla is again a company Judge
under new Roster by successor Chief Justice. Facts stated hereinafter prove
that during one of the meetings, there is discussion between J. Rajive Bhalla
and Sh DP Ojha on how to contain me from getting information under RTI. Disclosure
of information under RTI will give me evidence of misappropriation and
embezzlement of public funds, which will be prejudicial to the interests of
both of them.
11.3.2011;
Justice Rajive Bhalla threatens me of putting me in Jail, illegal
incarceration, contempt, getting my name removed from State Bar council,
getting my cases dismissed etc. He asked me not to file any application under
RTI and not to make complaint of corruption against Sh DP Ojha. He also asked
me not to file complaint against Industrial security agency. Justice Rajive
Bhalla said I should not perform my my duties as citizen of India. There is no
way for Rajive Bhalla to know that I am filing application under RTI unless
told by D P Ojha in chambers which applications would create problems for both
of them. There is no other reason for J Rajive Bhalla to threaten me and asking
me not to file application under RTI unless Rajive Bhalla Judge personally felt
vulnerable of information under RTI. Threats given by Justice Rajive Bhalla that
he will send me jail, hold me in contempt, get my name removed from Bar
Council, dismiss my cases, ask other judges to dismiss my cases etc if I do not
stop making application under RTI with Sh DP Ojha. The threats are evidence of
his connivance & conspiracy with Sh DP Ojha in misappropriation and
embezzlement of Public funds. I immediately informed the H’ the chief Justice
of these threats given by Rajive Bhalla vide my letter Dt 14.3.2011.
Annexure P/6
I filed application
under RTI about how the payment used which was received in AVI Exports and AVI
Shoes wherein D P Ojha received money from DRT under false consent recorded by
J Rajive Bhalla.
31.8.2012
Vide letter No
2083 Dt 31.8.2012 (Annexure P/7),
CPIO of O/O Official Liquidator informs that most of payments were given for
watch and ward expenses i.e. Rs 10,77,511 to National Security Force in case of
AVI exports and Rs 4,08,149/- to Industrial Security and fire services Bombay
in case AVI Shoes. As per terms and
conditions of empanelment of security guards security agencies have to give
proof of permanent addresses of security guards on spot i.e. the moment they
are deployed. These conditions of deployment are accepted by all security
agencies. Annexure P/8. Para 5 of
said guidelines is as under;-
“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” (Emphasis supplied by me.)
Proof of Ids was not
given I filed appeal before CIC which vide order Dt 23.9.2013 directed CPIO to
provide names and proofs of permanent addresses as required by norms.
28.10.2013
Vide letter No
3716, Annexure P/9 Official
Liquidator states; proof regarding names and Permanent addresses of security
guards deployed at the factory/office premises in AVI Exports and AVI Shoes “is not available with this office”. Thus
it is established that amount paid over to Sh DP Ojha by Judge Rajive Bhalla
stands embezzled and misappropriated in name of security guards who were never
born. It is thus proved that Order Dt 1.8.2008 of Justice Rajive Bhalla wherein
he suo moto reversed the orders of his predecessors, threatened Recovery
Officer with jail and falsely recorded his statement were in fact motivated to
embezzle public money. J. Rajive
Bhalla misused his official position to give and receive pecuniary advantage to
and from Sh DP Ojha from to misappropriation and embezzlement of public money. The
information never came as no such guards ever existed. P/11-12
It is thus established that the public funds given by
false order of J Rajive Bhalla Annexure P/4 to Sh D P Ojha have been
misappropriated which were given by recording illegal ‘consent’ under threats
given by Justice Rajive Bhalla. He misused his official position to give and
take pecuniary advantage to Sh DP Ojha, Industrial Security and Fire Services,
Bombay and National Security Force.
Judge Rajive Bhalla Judge, High Court has thus committed an offense punishable
u/s 13(2)
r/w 13 (1) (d) of PC Act, 120-B,
406/409/420/503 IPC R/W Section 3(2) of Judges Protection Act.
Factors collectively proving criminal
intentions of Rajive Bhalla Judge, High Court Chandigarh these not erroneous
orders but intentional wrong orders to give and take pecuniary advantage by
misuse of official position.
1. By orders dt 22.11.2007, 18.1.2008,
14.2.2008, 20.3.2008, 22.5.2008 DP Ojha had to approach DRT for claim of his
expenses and prove them as per law. However without any application / new facts
Rajive Bhalla judge by falsely mentioning consent Dt 1.8.2008, suo moto reversed
previous orders his predecessor. Rajive Bhalla Judge also violated the law i.e.
first proviso to sec. 529 (2) r/w rules 214, 215, 216 of Companies Court Rules.
The motive of Rajive Bhalla J. in intimidating the recovery officer on
01.08.2008 and thereafter passing of false consent order dated 1.8.2008, that
culminated into embezzlement of public money, shows that the said acts were not
in discharge of Judicial duties.
2. His calling the Recovery Officer to
appear before him in person was for premeditated motive of illegal extraction
of consent and converting public funds for private use. The threats were not in
discharge of Judicial duties
3. When J Rajive Bhalla failed to get
consent he issued threats of putting recovery officer Gurnam Singh behind bars
/ sending him to jail etc. and then proceeds to record such a false consent
order Dt 1.8.2008, even though there was no such consent. Matter was brought to
notice of Chief Justice and within 3 days Roster was changed wef from 4.8.2008.
The said acts were not in discharge of Judicial duties.
4. He came to know from Sh D.P. Ojha that
I have been filing applications under RTI Act to unearth the embezzlement of
public money in the office of the official liquidator. He personally felt
threatened and vulnerable of my applications under RTI. Justice Rajive Bhalla issued
me threats that he will send me jail, hold me in contempt, get my name removed
from Bar Council, dismiss my cases, ask other judges to dismiss my cases etc if
I do not stop making application under RTI. This was done to conceal the
misappropriation and embezzlement of public funds. The act of J. Rajive Bhalla
by issuing me threats is evidence of his culpability with D P ojha that they
were acting in conspiracy with each other to misappropriate public funds. These
threats were not in discharge of Judicial duties.
5. Information under RTI established that
Rs 14,85,660/- plus tax of public funds given vide order Dt 1.8.2008 were
misappropriated and embezzled. Rajive Bhalla, Judge, vide his above order gave and
take pecuniary advantage to Sh DP Ojha and others for payment in name of
Ghosts. Further investigation may be required to reveal more matters of nexus
with D P Ojha Official Liquidator involving theft, misappropriation and
embezzlement of public funds. There is no delay as earlier I was gave this
information to PMO, CVC HC etc. but they have no jurisdiction. Sending to
Registrar general of High Court would be useless as Registrar High Court is of
the rank of District Judge and subordinate to High Court Judge.
Judge Rajive Bhalla Judge, High Court and D P Ojha
official Liquidator Lok Nayak Bhawan, 8th floor, Khan Market, New Delhi has
thus committed an offense punishable u/s 13(2) r/w 13 (1) (d) of PC Act, 120-B, 406/409/420/503 IPC R/W Section 3(2) of Judges Protection Act.
It is therefore prayed ;-
1.
Register the above complaint.
2.
Investigate
the above complaint.
3.
And
prosecute the accused as per law after seeking permission of Chief Justice of
India, president of India as required.
Date; 21.5.2015 KD
Aggarwal
#1366, sector 40-B,
Chandigarh
Verification;
Verified that contents of above complaint are
true to my knowledge as well as records (where ever so stated). Legal
submissions are based on law. Conclusions drawn are as will be drawn by any
prudent person. No part is false and nothing material is concealed therein.
Date; 21.5.2015 KD
Aggarwal
#1366, sector 40-B,
Chandigarh
Mobile
9815848396.
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