Embezellement of Public funds - Surya Kant Judge High Court, Chandigarh.

Following is copy of my letter of Complaint of Corruption against Justice Surya Kant u/s 3(2) of Judges protection Act sent to appropriate Authorities for appropriate action as per law. The following document is public record.

To,            Date; March 23, 2013

The Hon’ble the Chief Justice of India,

Supreme Court of India,

New Delhi.

SUB:           Petition under Article 124(4), R/W Article 217(b) and 218 of the Constitution and judges Enquiry Act for removal of Justice Surya Kant, as Judge, Punjab and Haryana High court, Chandigarh for embezzlement and theft of assets from companies in Liquidation in connivance with DP Ojha, official Liquidator.

Sir,

On receipt of specific information, I informed vide my Letter Dt 23.09.2011, (CA 580/11-Annexure A), about massive embezzlement of crores of rupees by DP Ojha, Official Liquidator, in the name of Employees who have never been born. The factum was proved six months later by inquiry report, Dt 19.3.2012 which states; “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”.  (Annexure B/ Anx-a to report). The claim amount was Rs 1.5 Crores. (COCP 2085/11 renumbered CP 53/12). The above report is only in one company. There are over 100 Companies. In all cases payments have been made in name of employees who have never been born, proving massive scam in H High Court.

In same letter Dt 23.9.2011 in Para E, I had also informed that DP Ojha, is also committing theft of assets from Companies in Liquidation in nexus with security agencies. Theft was proved One year later vide minutes Dt 14.12.12 (Annexure C) OLR 2/13 states in para 6; “No security staff was present at the site and no assets were lying in the premises”. The present valuation is 2.84 Crores. (Annexure D). This above report is only in one company. There are over 100 companies under Company Judge and DP Ojha.

This is tip of an iceberg. Actual theft and embezzlement could be of Rs 50 crores, or upto Rs 500 crores. Actual can be established by comparison of inventory of assets made before 25.7.07 and as of now and detailed investigation of payments by H High Court without ID proofs as required by norms. 

Massive theft and embezzlement is not possible without connivance and conspiracy of some officials of High Court i.e. Company Judge Justice Surya Kant, Sunil Choudhary Registrar – Judicial and Jagjit Singh Superintendent.

Evidence against Justice Surya kant

My letter Dt 23.9.2011 required independent investigation by CBI, which can only be ordered on judicial side. Senior Company Judge orders that my letter Dt 23.9.2011, be listed on judicial side.  It is numbered as CA 580/2011. Matter is listed before Junior Company Judge, Justice Surya Kant.

16.11.2011         letter is written to Registrar Judicial not to list CA 580/11 relating to embezzlement and theft before Justice Surya Kant. Annexure E.

9.12.2011  i)      Justice Surya Kant issues contempt notice in CA 580/11 to me. Annexure F. A fair judge would have ordered enquiry. A guilty mind curbs it. He clearly wanted to prevent me from pursuing and investigating the theft and embezzlement. No action has been taken by Justice Surya Kant since 9.12.2011 against prime accused DP Ojha. Rather action was taken against me for giving information, which points to one and only one direction. He is in nexus with DP Ojha and security agency and he wanted me to desist from pursuing this matter. I continued to persist with my investigation. Subsequent events proved truth of my information and nefarious designs of his criminal contempt. His order of FIR in OLR 2/13 is eyewash. He is capable of giving different oral orders.

11.1.2012  ii)      Justice Surya Kant passes two orders of same date in COCP 2085/11(CP 53/12) which conduct is suspicious, lacks bona fide and proves his nexus, connivance and collusion with security agency and DP Ojha. Embezzlement of crores of rupees in name of employees who have never been born was proved vide report Annexure B in COCP 2085/11.

iii)     During hearing, he continuously asked the secured creditor to make payment orally as well in writing. This was inspite of fact that no ID Proofs had been filed. Only a person having criminal nexus would order payments without ID proofs.

13.7.2012  iv)     Justice Surya Kant directed secured creditor to take possession within one day in order to prevent making of inventory at the time of taking over. If inventory is made at later stage DP Ojha and security agency will get benefit of doubt.

       

7.12.2012  vi)     I wrote Letter to Registrar General to ensure that report Anx B remains on the file as there was doubts on conduct of Registrar Judicial – Sh Sunil Choudhary and Spdt Jagjit Singh. Letter was taken to Justice Surya Kant who filed it vide order Dt 23.1.2013 (Annexure G) after a delay of more than a month which delay is suspicious.  After filing, Justice kant marked it to Sunil Choudhary. Letter was never put up to Registrar General to whom it was addressed. The whole conduct shows some active connivance between Justice Kant and Sunil Choudhary vis-a-vis dealings of file of COCP 2085/11(CP 53/12). Records of COCP 2085/11(CP 53/12) proved attempted embezzlement in name of employees who have never been born. My perseverance prevented embezzlement in this case so far.

23.1.2013  vii)    On my letter Dt 7.12.2012, Justice Surya Kant wrote that I KD Aggarwal has no concern with CP 53/12 (COCP 2085/11). (Annexure G). Justice Surya Kant committed perjury. Justice Surya Kant attached his own order Dt 11.1.2012 in COCP 2085/11(CP 53/12) as Crl Misc in CROCP 1/12 filed by him against me. His order of 23.1.2013 is factually reverse of his order dt 11.1.2012 proving that he is lying in one of them. Why would Justice Surya Kant lie? A casual perusal of copy of CP 53/12 from a friend reveals that I, KD Aggarwal is mentioned in Para 13, 14, 15 of CP 53/12 and Para 19 onwards of reply. My letters are annexed by parties. His statement on record that I have no concern with CP 53/12 is patent lie on record amounting to perjury. (COCP 2085/11-CP53/12 was filed as the payment was stopped by secured creditor after I pointed out about embezzlement in name of employees who have never been born, hence my name and documents are part of CP 53/12.)

Evidence against Sunil Choudhary Registrar Judicial

I filed application dt 27.4.2012 before Inspection branch for inspection of file of COCP 2085/11 (CP 53/12). Sunil Choudhary made recommendations declining me inspection of above file. He concealed following material facts;-

a)     High Court rules and orders; Vol 5, Chapter 5, Part A, Rule 3 clearly states that every person who is not a party to case can inspect the file of any pending case by special order of the Judge. O 1 R 10 CPC cannot be made redundant / quashed by Registrar (J) i.e. Sunil Chaoudhry. Even LDC of H High Court knows that permission is a formality and is required only if one is not a party as otherwise it is not required. He negated provisions of Order 1 rule 10 CPC.

b)     COCP is form of execution. Record reveals that my POA is on record of original case which fact Sunil Choudhary concealed in his notings.

c)     Records reveals that there are 2 orders on file Dt 11.1.2012 and one of them is on record of CROCP 1/12 against me which fact was known to Sunil Coudhary as the files were with him and he concealed the same in his notings on my letter Dt 27.4.2012.

d)     Sunil Choudhary has kept both the files being CP 53/12 and CROCP 1/12 with him (being inter connected) which fact he concealed in his 1st notings. This information is available in the notings of COCP branch on my letter Dt 27.4.2012.

e)     I am the whistleblower of scam involving public money and my name is part of the records of CP 53/12(COCP 2085/11). Recommending withholding inspection to me indicates ulterior motives on the part of Sunil Choudhary and dealing Supdt jagjit Singh.

f)      When above facts were brought to notice of Registrar General vide letter

Dt 7.12.2012, it was put up to Justice Surya Kant who filed it vide order Dt 23.1.2013. There was delay of more than a month which is suspicious. Justice Surya Kant did not mention nor denied any facts. Justice kant marked it to Sunil Choudhary. Letter was never put up to Registrar General to whom it was addressed. 

Evidence against Jagjit Singh Superintendent Liquidation

Jagjit Singh Supdt was dealing assistant and Supdt during the period when unauthorized payments were made to unauthorized persons i.e. payments to persons was made which were over and above the norms approved by Hon’ble High court for valuers and who were not even on the approved list. Similarly crores of rupees have been allowed to be paid to security agencies in name of persons who were never even born by not ensuring compliance of conditions of their empanelment i.e ID proofs. Reports of thefts and complaints against DP Ojha were/are dealt by him. He is in the know of everything. He would not have remained silent if he was not a part the scam.

It is therefore prayed;

1.     That case FIR be lodged against Justice Surya kant of Punjab and Haryana High Court, Sunil Choudhary Registrar Judicial, Jagjit Singh Superintendent Liquidation branch  and procedure under Judges Enquiry Act be invoked for removal removal of Justice Surya Kant as Judge Punjab and Haryana High Court.

2.     Suo moto Criminal contempt of Court proceedings be initiated against Justice Surya Kant for indulging in ordinary criminal activities of theft and financial scam while sitting as Judge of high Court thereby lowering the dignity of this Court.

3.     Disciplinary action be taken against other High Court employees involved.

KD Aggarwal

Advocate.

Why can't Judiciary be self sufficient, quick, effective and tech savvy

Sh. Prakash Singh Badal, Chief Minister, Punjab,

Sector 2, Chandigarh

Sub; Suggestions to increase revenue.

Dear Sir,

1.     Charge Fee from Commercial Banks for using services of state Government under section 14 of Securitization Act.

Banks use services of State Government to enhance their own profits but do not pay any fee till date to State Government. This be rectified.

2.     Charge Fee from Commercial Banks for using services of state Government to enter charge of equitable mortgage.

Banks asks State Government to register charge of equitable mortgage of property in their favor. They should pay fee for Registration of Charge.

3.     Charge fee for quashing criminal cases based on Compromise.

High Court is quashing cases based on compromise, but compromise is not possible with police pressure and FIRs. Hence quashing powers be given to SDMs and fee based on % be fixed on total amount involved in offense irrespective of compromise amount.

4.     Charge Court fees from Senior Advocates 

Litigants pay lacs of rupees to senior advocates on account of their “face Value”. Hence part of face value be also charged by State as Court fee. People are paying Rs 1.00 as court fee in securitization cases.

5.     Nominal fixed court fee be suitably enhanced to current price index.

There are number of types of suits where only nominal fixed court is charged like company matters, declarations , injunctions etc involving crores of rupees but court fee is only Rs 13/-. All such cases be reviewed.

Date; 25.04.2013                                                        KD Aggarwal

                                                                        Advocate.

Evidence of Theft / Immoral conduct.

Following is part of Public Records contained in FAO 424 of 2001 in High court of New Delhi;

Rajni has made the following irreconcilable contradictory statements under oath with respect to the contents and operation of the locker whereby she stole my ancestral property now worth more than Rs 5.00 Crores or 50 million.:-

 A REPLICATION DATED 3.8.1996 

Para 5 n " ..No jewelry was placed in the locker.  The jewelry is with me.  Photostat copy of the writing by me is attached."

Rajni later on amended her petition. No changes were made by me in para 5n of his reply but Rajni Changed her Replication Qua Contents of Locker and now stated in Para 5n as under:- 

REPLICATION DATED 7-11-1997

Para 5 n "..In fact whatever jewellery was kept in the locker a list was given by me to the Rajni and apart from the said list there was no other item worth a single penny in the locker."

B. In replication dt. 3.8.96. & reply dated 1.6.1996,  Rajni  had stated in Para 5n/4 that none of the gold  ornaments were  ever  placed in the Locker and that they were  with  me and my family and that I had categorically  given my  writing dated 19.4.1993 in my hand giving  the details  of gold ornaments which were in my,  mother/father's possession. Now on 27.1.98 in her testimony before the Hon'ble trial Court she has stated that all gold ornaments were in fact placed in the Locker, the list of which was prepared which is dated 19.4.93. This statement now made in court falsifies her averment made in para 5n/4 of her replication dt. 3.8.96. & reply dt 1-6-96.

C. As regards the purpose, she stated in para 4 of her replication dated 7.11.1997 that she operated the Locker to get the original educational certificates which were to be submitted by her to Kurukshetra University from where she wanted to do B.Ed. by Correspondence.  It has now come on record vide P/1 and P/2(on record of trial Court) that she was already admitted to Kurukshetra University and had in fact written to Kurukshetra University seeking return of those certificates and degrees. In response to her request for return of her degrees and certificates Kurukshetra University wrote to her vide Ex.P-1 dt. 25.04.96 that all her degrees and certificates had already been sent to her address mentioned in the admission form. Thus apparently she knew where her degree were and also sought their return from Kurukshetra University where they were sent on 16.8.96 by a registered post. The original receipt is in my possession. Vide Ex d-35 (Record of visits maintained by the Bank) it shows that last two operations of the locker were made by the Rajni Apparently she knew the contents of the locker when she operated the same on 08.09.1995 and 15.9.95.  It was certainly not to get any certificate or degrees but under instigation of her parents to remove steal and misappropriate our valuable property worth 30 lacs now worth more than Rs 5.00 Crores or 50 million which was lying in the said locker.

D. In her examination in chief on 27.1.96 she has stated as under: " On 15.9.95 in the morning I quarreled with her Since it was a daily affair. I went out to go to my Bank to fetch my certificate I found that the same were not lying in the locker as I have sent the same to Kurukshetra University.  The certificates of 8th and 10th were lying in the locker. However, the same were not required. 

PROOF OF FALSITY

In her cross examination she has stated " I took out those certificate with me. I had gone to collect the certificate of 8th and 10th standard. When in the examination in chief I said the same were of no use I said it because of confusion." There was no confusion.  There was theft of our property and ancestral gold and ancestral gold jewelry then worth Rs 30.00 lacs and now worth more than Rs 5.00 Crores or 50.0 million by Rajni. 

E. She has further stated in her para 4 of replication dated 7.11.97 that no jewellery and other valuable worth 30.00 lacs were lying in the locker on 15.9.95. As at the time of its operation on 15.9.95 when the Rajni went to fetch her certificates and degrees, the locker was found empty.

PROOF OF FALSITY

It has been suggested to me by counsel for the Rajni as below: "It is wrong to suggest that I have taken all the articles from the locker at the time when I have put my signatures on the ledger." As per R-11 R-12 Rajni has operated the locker on 8.9.95 and 15.9.95, in case  I had  removed  everything at the time he lastly signed  on  the  ledger, Rajni was bound to be aware of the same on 8.9.95 when she operated the locker and there was thus no reason  for her to operate the locker again on 15.9.95, when she admittedly left the house. As such it falsifies her averment made in her replication dt. 7-11-97.

F.  As regards timing of the operation of locker Rajni stated in her examination on 27-1-98 that in the morning she had quarreled with her husband and had gone to the bank to fetch her Certificates and Degrees.

PROOF OF FALSITY

This statement is falsified by R-12 i.e. the locker account where she herself has mentioned the time of operation of the locker on 15.9.95 as 3.45 P M i.e. in the evening.

       

G. She further stated under oath as below as regards of locker   "I never required my husband to bring any particular jewelry from the locker. I also never required my husband to bring the jewelry and except on 8-9-1995 I never accompanied my husband to operate the locker".

PROOF OF FALSITY

That the trial Court has recorded following demeanor of Rajni.

"Affidavit dated 10-11-1997 filed by me in this court bears my signature.   After the contents in para 10 are put to the witness where she had said that after 19-4-1993 she had been operating the locker for social functions, she said that she could not remember all the events".         

H. That immediately after marriage parties had taken a joint locker on 19.4.93 being No.231 PNB Sector 37 CHANDIGARH (also mentioned in order relied upon by the Rajni) and jewelry, Indira Vikas Patras and other miscellaneous items including Gold and gold coins/silver coins were kept therein.   However, soon after marriage parents of Rajni took away part of the jewelry belonging to the Rajni. This fact came to my knowledge when the same was recovered from her parents house when income tax raids were conducted in may 1994 at the house of her uncle who lived in same house as her parents.  When the I asked Rajni as to how her jewelry is with her parents, she stated that her parents are not very rich and the jewelry was given for a show off to her paternal uncles families and immediately after marriage her parents had sought return of real jewelry, which she had done.  This fact is also mentioned in para 5 n of the written statement filed in the trial Court. When confronted with this fact during the testimony under oath before the Trial Court she had to say as below:

"It is correct that in 1994 Income tax raids were conducted in my parents house.  My personal jewelry was also recovered during that raid. volunteered, it was given to the  me at  that very time. The jewelry, which I was wearing in April, 1994 at the time of marriage of my cousin sister Rashmi were recovered in the raids conducted on the premises of my parents because after the marriage I had left that jewelry which I was wearing at the residence of my parents".

PROOF OF FALSITY

In fact the marriage of Rashmi was performed on 19th April 1995, whereas it was recovered from her parents house in May 1994 a year before marriage of Rashmi. This is so proved in Ex.D1/x and also in the statement of PW4 Brij Singal father of Rashmi who has stated that his daughter Rashmi was married on 19.4.95 at Mandi Gobindgarh.

4. The above statements conclusively prove the theft of property by Rajni and her brother and father/parents.  The property now worth more than Rs 5.00 Crores was my ancestral property and was given to me by my parents. I had been entrusted with the same and I kept the property in my possession in a joint locker. Rajni in collusion instigation and active participation of her Parents and her brother and at their instance and benefit removed the said property without my consent and knowledge. 

5. That entire movable property belonging to me and my parents now worth more than Rs 5.00 Crores or 50 Million was stolen by Rajni and her parents due their habit and indebtedness. Rajni has also made extra judicial confession regarding this property before the court of Justice Swatantar Kumar(From Delhi High Court) during the course of reconciliation Proceedings during hearing of Civil Revision 3387/99.

6.  Rajni  under the influence and instigation of her parents, with their common intention to devour the property of lacs of Rupees lying in the locker made up her mind to leave the matrimonial home. Unknown to the Me she operated his family locker on 8th of September, 1995 and on 15th of September and left the home on 15.9.95 alongwith all household goods i.e. Sofa-set, Double Bed, suit cases, entire crockery (steel, glass and Chinaware), Beddings, AC, Godrej Almirah, Washing Machine, T.V., Dressing table, entire Wardrobe including my undergarments, furniture, Gifts given to me by my friends and relatives, every small item.  In nutshell each and every thing that a normal household has. Copy of affidavit of Pawittar kumar Truck Driver in whose truck Parents of Rajni carried the household goods belonging to me and my parents and affidavit of Sh. Santosh Mishra an independent eye witness is annexed as R-19 and R-20 respectively. Sh. Pawittar Kumar and Sh. Santosh Mishra appeared before the Trial Court as witnesses and corroborated R-2, R-3. They were duly cross examined by Padam jain advocate. As per the description given by late Sh. B.L.Premi Asst. Branch Manager, during the time of her clandestine operation of locker on 15.9.1995 she was accompanied inside the Bank by Sh.Brij Singal, to whom Jagan nath ,Gopal, etc then owed Rs. 5.00 Lacs.

Her lawyer used to inform my lawyer in advance the orders which will be passed by the concerned judge. I used to laugh thinking that judges pass the orders based on facts and law. I was wrong. Every time the same orders were passed as had already been conveyed to us. We were told of exact order on her 2^nd maintenance application even when application had not even been argued. I went to inspection Judge Justice HS Brar and told him of the order which will be passed on an application which is yet to be argued. He did not believe me and said I was prejudging the issue. However, that was not to be. The same order was passed by SS Lamba then ADJ now district Judge ---. So, I informed the inspection judge. He did not believe me. He came for inspection the next day and when he saw the order which I had told him several days earlier, he withdrew the case from SS lamba and sent to another Judge. I did not get justice in my case as only remedy against a corrupt judgment is to file appeal. Click here for what happened in appeal. 

After this I tracked the telephone calls of my in-laws and found that before every date of hearing a telephone call went from my in-laws to Mangat Ram Garg, chairman department of laws, Punjabi University, Patiala and instantly Mangat Ram Garg telephoned Balram Gupta, Chairman Department of laws Punjab University, Chandigarh. Balram Gupta in turn then called B B parson, then ADJ now district Judge .. who would then call concerned Judge SS Lamba.

I later came to know that Mangat Ram Garg, Balram Gupta and BB parson are all known touts, who supply Judges albeit their orders on a platter for lifelong pleasure for litigants unlike prostitutes who give pleasure for only half an hour or less.

KD Aggarwal

Click here for;

What I Did not Knew nor could imagine.

Dates and Events.

Parents Indebtedness.

Proof of Theft by Rajni her Brother and Father

False Allegations to Loot Money

What happened in Appeal.

How her father lied 

How her brother lied 
How Brij/creditors lied to pocket his debt to Jagan Family

Are you a victim of coruption?

Have you filed Complaint of Corruption ? 

we hear that public has to face a lot of corruption in public dealing departments e.g. Registering and licensing Authority, Food and civil supplies, Estate office Deputy commissioner and District Magisterate Office or office of birth and death etc. However, is there actually any corruption or we are just a normal complaining persons? if there is corruption the first thing required to do is to file a complaint with proper authority. Have we performed our duty or are we also as corrupt when we do not file any complaint if we suffer unnecessary harassment or asked to pay for what is our right.  

Vide letter No 503 dated 18.11.2013, office of Deputy Commissioner, Estate office, Chandigarh has informed that in last one year they received 18,382 applications which were processed and during same period eight complaints against staff members were received.

Vide letter No 12231 dated 13.11.2013 licensing Authority, Chandigarh has informed that they received 19039 applications for new licenses and 14345 applications for renewal of driving licenses in last one year. During same period they received 51493 applications for RCS. Whereas during this period number of complaints received from public were only 5 (five).

Vide letter No 3339 Dated 19.11.2013, Department of food and Civil Supplies, Chandigarh has informed me that they received applications for and issued 5848 new ration cards and 731 duplicate ration cards in last one year and no complaint against any staff member was received.

Vide letter No 2713 Dt 23.10.2013, Registrar of Birth and deaths has informed that in last one year they have received 27800 applications for grant of Birth certificates and 10339 Applications for grant of death certificates. Whereas during same period they received only one complaint against their staff member.

Vide letter No 12231 dated 13.11.2013 Registering Authority has informed that in last one year they have received 51493 applications for grant or nenewal of Registering certificates of vehicles and complaints including against Licensing branch were only 5 (five).

If there is corruption, why we do not file complaints? To blame others is is easy when we in particular do not perform our duty to control corruption.

Can we still say corruption is way of life. If there is corruption, where are complaints? I would like readers comments to know how and where is corruption ?

Kapil Dev Aggarwal