Dear
Brethren
Being convener of India Against corruption Chandigarh and encouraged to fight corruption with daily scams coming out of public servants, I also decided
to bring to notice of appropriate authorities the rampant corruption in the
Office of official Liquidators under Ministry of Corporate Affairs particularly
by D P Ojha, Official Liquidator, Chandigarh. Following is text of letter
written by me to Secretary, Ministry of Corporate affairs. Action taken if
any is unknown. Following is a public record and anyone can obtain a copy of it
under RTI. Similar letter was written to Company Judge numbered as CA 580/2011.
here is my information given 4 years earlier;
“To,
Date 12th February 2011
Secretary,
Ministry of Corporate affairs,
5th
floor, Shastri Bhawan, A wing New
Delhi.
SUB;
Corrupt Officer, Sh D P Ojha official Liquidator, Chandigarh.
Dear
Sir,
1
Sh D P Ojha has surpassed any known level of corruption in the office of
Official Liquidator Chandigarh. With intent to cause loss to public
exchequer i.e. public financial Institutions like PSIDC, PFC etc and with
intent to gain undue financial advantage to themselves, Sh D P Ojha, Sh J S
Kahaan, MD Guardian Security & Industrial security and fire services Bombay
P Ltd and Sh M L Sharma MCA lobbyist, and Sh B K L Srivasatava ex
Official Liquidator have entered into a criminal conspiracy to cheat and commit
fraud with public money / public funds by raising a false and fraudulent claims
against FIs including PSIDC / PFC in the matter of security guards bill raised
by Industrial security fire services Bombay Ltd. The relevant details are as
under;-
2.
That in affidavit Dt 11.8.2010 filed with D P Ojha Official Liquidator by
Industrial security and fire services (Bombay) pvt Ltd, it is stated that they
have made entire payment from September 2005 to May 2009 (approx Rs
80,00,000/-) to their security guards in PNFC. In addition they have ‘paid’
several more lacs in the cases of Arihant Cotsyn, hallmark healthcare, Mangla
Cotex, Organic Chemoils, AVI shoes, la Medica, Punwire, Indo gem Laminations,
Curefast remedies, Shiv Durga Alloys, etc. apart from several other companies
vested in other high courts where it is empanelled. Their share capital is only
Rs 50,000/-. They don’t have the wherewithal to pay Crores let alone Rs
80,00,000/- in PNFC to security guards. Their bank accounts do not show any
such receipt of crores during 9/05 to 12/09. Such payment is also not reflected
in their books of accounts. There is no question of their making any payment to
security guards. At the time of inspection by public financial institutions if
at all permitted by D P Ojha, they have advance information from D P Ojha and
their henchman collects daily wagers from labor chowk for a day to make up the
numbers.
Copy
of their affidavit dt 11.8.2010 and copy of their master data with ROC is
enclosed. Industrial security and fire services (Bombay) P Ltd have not filed their
balance sheets and profit and loss account with ROC for last several years.
Balance sheets are normally not filed with ROC as they do not reflect the
expenses being claimed from Official Liquidators.
B.
Commission based allocation of work;
3.
That according to J S Kahaan, Managing Director of Guardian Industrial and
Investigation security services, work for the appointment of security agency
work is not allocated seriatim by High Court but telephonic bids are invited by
Official Liquidator and only that security agency is appointed which offers
highest commission to OL. Normal rate of commission
varies from 40-60% depending on number of guards and period for which they
will continue, which is paid at the time of release of money. Hence in a case
of criminal conspiracy and intent to gain financial advantage to themselves no
attempt has been made to sell assets of companies for more than a decade even
though taking out advertisement of sale would take only ten minutes.
C
Commission in the name of Secretary, RD of MCA.
4.
From every payment that is released by D P Ojha he himself telephones the
claimants to fix his commission and only after fixing his commission he releases,
the payments. He charges commission from the range of 40%-60%. He says that
money has to be forwarded to Secretary and Rd etc and that all postings,
transfers in MCA are dependent on who gives more money to Secretary and RD.
5. It is an admitted fact that no inventory was
prepared either by BKL Srivasatava the then OL or by security agency and none
was/is allowed to be prepared by financial Institutions till several years
after possession by Guardian Industrial Investigation and security services Pvt
Ltd. Inventory is generally not prepared to
facilitate theft by security agencies. I cannot disclose information which had
come to my possession when I was counsel for Guardian Industrial Investigation
and security services Pvt Ltd. as to whether there was clandestine sale of
assets of companies by Guardian Industrial Investigation and security services
Pvt Ltd. This is a matter which requires investigation by MCA. Security agency
is liable to compensate Public for all the thefts of material done by it from
Companies in Liquidation.
E
Premises given on rent by security agencies.
6.
When asked as to how security agency manages to pay even 10% of the staff which
it claims to have employed by them, Sh J S Kahaan informed that in most of the
cases, premises are given out on rent without informing the High Court and
salaries etc are paid out of said receipts.
F
Salary not released through Bank account as per Order Dt 7.8.2009.
7.
That D P Ojha is bound by the directions given by the high Court from time to
time. Vide order Dt 7/8/2009 passed in CA 1-2/2009 in CP 254 of 1999 in the
matter of payment to security agencies, it was ordered that security agencies
hence forth shall deposit salary of security guards in their bank accounts.
However vide affidavit Dt 11.8.2010 by Industrial security, it has stated on
oath that no salary has been paid to security guards through bank accounts after
august 2009 as they have no funds. This amounts to refusal to accept the order
of High Court. If they have no funds they have to be immediately de listed.
However D P Ojha with ulterior motives and to gain his commission, has till
date not de listed Industrial security Bombay. Sh D P Ojha is liable to be
proceeded against for misuse of official position and abuse of his office and
gaining undue financial advantage from his official posting.
G
Security agencies working on annual return of 1% ex-facie False.
8.
That in the matter of PNFC, the security agency is claiming payment since 2005.
Industrial Security and fire services (Bombay) has submitted blank statement of
bank a/c of employees which indicate that no payment has been made to employees
through bank accounts. The contention of security agency that it is taking only
1% pa return(7% over 7 year period means 1% annual return) is impossible as
banks give assured return of approx 8% pa. With intent to gain advantage to
themselves and cause loss to public exchequer, D P Ojha has going to allow
payment to Security agency in contravention of conditions laid down by the
Court in its order Dt 7.8 2009. This is a clear case of abuse of official
position by D P Ojha.
H.
Loss to Public financial Institutions.
9. Taking out advertisement for sale of
Companies in liquidation is only a ten minute job. Failure by official
Liquidators to sell the property of companies for last ten years has led to
huge loss to public financial institutions by way of interest and costs alone
which the official liquidator have caused to gain undue financial advantage to
themselves. The quantum of loss caused by D P Ojha official Liquidator to FIs
is equal to present worth of assets of companies in liquidation.
I
D P Ojha chargesheeted by CBI
10 It is learnt that CBI has filed Challan
in the CBI court at Tis Hazari New Delhi against Sh D P Ojha for causing loss
to Public money and gain to himself of several Crores in the matter of Arihant
Cotsyn. D P Ojha OL receives the bribes in Delhi and ill gotten money is
shown as ‘income‘ of his son.
J
Concealment of records. Violation of RTI Instructions issued by
Department.
11 That undersigned applied to official
Liquidator under RTI for obtaining some documents. Vide letter No 5597 Dt
23.12.2010 I was asked to deposit requisite fee. I deposited the fee of Rs
600/- vide receipt no 323 Dt 29.12.2010. I was supplied some documents when the
Photostat machine of the office malfunctioned. Now after the machine was
repaired and I went again for supply of remaining copies I am told that D P
Ojha has asked Mr Tewari not to give me any copies of documents on the ground
the documents might incriminate him in criminal activities and embezzlement of funds
from accounts of the companies in the office. He has violated RTI Instructions
given by the department. He has refused to allow me inspection of altos India
file under rule 360 Company court rules wherein I am a creditor, he has refused
to allow inspection of valuers file, he has refused to allow me inspection of
Gwaritex file, he will refuse to allow me details of payments made by him under
RTI.
That
Sh D P Ojha has committed several offences listed by me above and is also indulging
in embezzlement of funds of the Companies and is liable to charge sheeted for
several offences involving major misconduct as listed above.
CA
KD Aggarwal
#
1366, sector 40-B, Chandigarh.
Encl
;
Further evidence
1.
Copy of master data from ROC Mumbai showing share capital as 50,000/- only and
showing nil balance sheet filed since inception.
2.
Copy of affidavit dt 11.8.2010
3.
Copy of order of High Court Dt 7.8.2009
4.
Copy of my letter Dt 22.11.2010
5.
Copy of letter of Industrial security agency Bombay Dt 30.5.2002
6.
Copy of standard letter issued by Official Liquidator regarding 7% service
charge
7.
Terms and conditions of appointment regarding preparation of inventory
8.
Letter of official Liquidator that Guardian security is NOT approved agency.
CA
KD Aggarwal
#
1366, sector 40-B, Chandigarh.
Hon'ble
High Court got conducted an inquiry and strangely made D P Ojha as
chairman and Security agency as 2nd member of three member committee which gave
a report which can be read here;
