Complaint against BB Parsoon District Judge, Haryana.

IN SUPREME COURT OF INDIA, NEW DELHI

IN THE MATTER OF;

CORRUPT JUDGE B B PARSOON, DISTRICT JUDGE GURGOAN AND HIS PROPOSED PROMOTION AS JUDGE HIGH COURT, CHANDIGARH

I K D Aggarwal, S/O Sh R K Aggarwal, advocate, resident of # 1366, sector 40-B, Chandigarh do hereby solemnly affirm and declare as under;-

1.         Undersigned is a practicing advocate and member of civil society “India against Corruption”. I am listed on website of Anna Hazare’s ‘IAC’ as member of Chandigarh team. Part of the reason for me taking up cudgels against judicial corruption is that, personally I have been a victim of corrupt Judge B B Parsoon, whose name has been recommended for promotion as Judge of Punjab and Haryana high court.

2.         Briefly stated, I was married in the year 1993. On 12.8.1995, Dr Mangla Dogra under whom my wife was under treatment opinioned that my wife is not ovulating. Within a month thereafter, I found my house and my locker empty. My locker at that time contained Rs 12.00 lacs of my ancestral gold which is presently worth Rs 5.00 Crores. Her brother at that time was heavily in debt. I later came to know that her 3 elder sisters are also divorcees and had also cheated their 1^st husbands of all their property. She then filed for divorce leveling false allegations, For the sake of family honor, I decided to contest the allegations.

3.         Her lawyer used to inform my lawyer in advance the orders which will be passed by the judge. He did it so that I should stop contesting the case and also to tell me that facts and law have no value in courts. He said and I quote “Kapil is a fool, first he allowed his wife to cheat him and now he thinks that Judges pass orders based on law and facts. He is a fool tell him next order will be ..…” I used to laugh thinking that judges pass the orders based on facts and law. I was wrong. Every time the same order was passed which had already been conveyed to us. On or about 20-9-1998, I was told the exact order on her 3rd maintenance application, when application had not even been argued. 3^rd application was filed after I had led almost my entire evidence. I went to inspecting Judge Justice HS Brar and told him of the order which will be passed on an application which is yet to be argued. He said I was prejudging the issue. However, that was not to be. On 30.9.1998, SS Lamba ADJ passed the same order which I had conveyed to Justice H S Brar on 20.9.1998. I again informed the Inspecting 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 it to another Judge.

4.         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, instantly Mangat Ram Garg telephoned Balram Gupta, Chairman Department of laws Punjab University, Chandigarh. Balram Gupta then called B B Parsoon, who would then call concerned Judge.

5.         On 1-1-10, (Click Here) I had written to the Chief Justice, Punjab & Haryana High Court about B B Parsoon being the kingpin of corruption in Haryana and stated;

“Kingpin of corruption in lower Judiciary in Haryana is Dr B B Parsoon District Judge. He supplies majority of ADJs and civil judges / albeit their orders on a platter to corrupt litigants. Telephone tapping of all phones operating in his residence alone for a period of six months will lead to majority of judges being removed in Haryana. He also acts as conduit between them and higher Judiciary.” (Copy of my letter Dt 1.1.2010 is enclosed is enclosed). B B Parsoon and Balram Gupta have links with a particular group of Judges of High court

6.         I have many a sleepless nights because of Corrupt Judge B. B. Parsoon. Even today, I sometimes wake up in middle of night because of what Corrupt Judge B B Parsoon did to my life.

7.         If people like B B Parsoon are to appointed as Judges of High Court, then we better close all law colleges, burn all books, kill all facts and auction the Judgments to highest bidder.

Chandigarh ;Date;11.02.2012  Deponent

VERIFICATION.

Verified that contents of my above affidavit are true to my knowledge. No part is false and nothing material is concealed therein.

Chandigarh : Date;11.02.2012 : Deponent

Extract from my Appeal Dt October 1, 2012 under  RTI Act with 1st Appellate Authority, Punjab and Haryana High Court.:-

"D.        That it is common knowledge among regular litigants, informed public that BB Parson is a major supplier of ADJs / civil judges albeit their Orders / judgments for pleasure (lifelong) of corrupt litigants as informed in my above letter. However there are honest Judges also. One such judge namely Satish Kumar presently posted in Hansi made a complaint to this Court that BB parson is pressuring him to pass a particular order in a particular case and that pressure was brought upon him in presence of an ADJ. “enquiry” was conducted and said ADJ declined that any pressure was brought upon by BB parson. Thereafter Sh Satish Kumar being an honest and upright officer took a hidden tape recorder and confronted said ADJ with truth and asked him as to why said ADJ had lied in enquiry. Unaware of tape recorder, ADJ admitted his guilt on tape and said he was under pressure of his senior/s. Sh Satish Kumar sent copy of the said tape recording along with transcript to this Court." Click here for details
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What democracy?

What democracy?

Democracy means majority rules but is there a democracy in our Country?

60-70% of people vote	Average taken as 65%.
Winning candidate polls between 30% to 40% rest are divided in other candidates.	Average taken as 35%
Winning candidate gets 35% of 65% votes	that is 22.75% of population

So the person representing your constituency has polled less than 25% of population and more people have voted in favor of other candidates than the number of people who voted in favor of winning candidate. Hence the candidate is representing a minority.

Less % of votes purchased on account of money power.

Is this is what it means by Democracy or majority rules?

Wolves and Lambs can never enjoy meeting of minds. 

In a democracy Cockroaches or Rats would be king as they outnumber everyone else.

What good is this democracy where people feel proud and want to called  "Backwards".

Kapil Dev Aggarwal.

High Court Fee Schdule

      

K D AGGARWAL & ASSOCIATES

ADVOCATES & CONSULTANTS

SCHEDULE OF FEES

MINIMUM CHARGES

If amount involved is below Rs 1.00 Crores (10 million)

Legal Notice                                                        Rs 33,000/-

Consultation (per hour)                                       Rs 33,000/-

(Minimum charges for one hour)

Drafting of document                                           Rs 55,000/-

(inclusive of consultation charges above)

DRT / High Court Matter                                       Rs 200,000

Per hearing (High Court/DRT)                               Rs  33,000/-

If amount involved is Rs 1.00 Crores to Rs 5.00 Crores (10 mil - 50 mil)

Legal Notice                                                        Rs 55,000/-

Consultation (per hour)                                       Rs  55,000/-

(Minimum charges for one hour)

Drafting of document   (each)                              Rs 100,000/-

(inclusive of consultation charges above)

DRT/ High Court                                                   Rs 500,000 

Per hearing (High Court/DRT)                               Rs  55,000/-

If amount involved is above Rs 5.00 Crores. (+ 50 mil)

Legal Notice                                                         Rs 100,000/-

Consultation (per hour)                                        Rs 100,000/-

(Minimum charges for one hour)

Drafting of document (each)                                 Rs 200,000/-

(inclusive of consultation charges above)

DRT / High Court Matter                                        Rs 1,000,000 

Per hearing (High Court/DRT)                                Rs  100,000/-

Note; 

A. In bunch matters fee will be 2-3 times depending upon number of 
    cases.

B. In case fee is to be paid after case is over than fee will be 4 times 
    of normal fee.

C. In case of bunch matters together with payment after disposal of 
    cases fee will be 8-10 times normal fee

CA Kapil Dev Aggarwal

Corruption by D P Ojha, Official Liquidator, presently in New Delhi

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 12^th February 2011

Secretary, Ministry of Corporate affairs,

5^th  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;-

A.      Security agency has not made payment of crores to security guards. See evidence here..

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. 

D       Theft from premises of companies in Liquidation; See evidence Here.

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;

Fraud / Loot by panel Security agencies ofOfficial Liquidator.

How to clear backlog In lower Judiciary?

The Hon’ble Chief Justice of Punjab & Haryana High Court,Chandigarh.

SUB: Suggestions for Clearing back log IN LOWER JUDICIARY

1.     One way to clear backlog is to specialize. An average human mind is patently incapable of considering myriad of Acts and processing peculiar facts relevant to each particular Act to give a reasoned conclusion. Hence It will not be practical and nor a judge can be expected to individually deal with each of different acts and facts which come up before him every day and do justice in any of them. Hence, like in Delhi subordinate judiciary, one judge should only do one type of cases. Like in ADJs there can be matrimonial court, murder/attempt to murder court/ rape/criminal appeals court-MACT, / Civil appeal court-Arbitration cases etc. Similarly in Civil judges there can be bifurcation of, injunctions, property matters /rent petitions, declarations etc. Similar bifurcation can be done in criminal matters into cases into 138 matters & others (A have given a note on a separate sheet how Sec 138 NI Act matters are being conducted in ignorance of law and how 99% of them are based on void instruments.) AnnexureA

2.     Control of corruption in lower Judiciary. Our judges are only as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broadly (my) jurisdiction], and their power the more dangerous as they are not accountable for their orders like other government functionaries. Their orders being merely appealable do not render them liable for misuse of official position or to Judicial misconduct. There is unlimited socializing with businessmen / University professors in lower judiciary. We have seen constitution, central/state acts being amended, witnesses being threatened in open courts, their statements being changed and facts manipulated. All on Rs1/- telephone call. A more permanent form of control of corruption may include:

A)     Install CCTV in all courts. Every word which is spoken in Court should be mechanically recorded. This will ensure honest recording of evidence and prevent threatening of witnesses and manipulation of evidence by Judges.

B)     A judge speaks through his Judgment and so does his morality or lack of it. Amend service rules to include any order which tantamount to amendment of Constitution/Central/ State Acts and manipulation of facts as case of violation of oath of office and thus a case of major criminal misconduct and corruption.

 As per the existing practice of giving a judge / judgement on a platter to a party in litigation, e g to ‘A’ in case of “A versus B”, a DJ/ADJ would telephone his colleague/ Civil judge and tell him ‘B’ is ‘exploiting’ the system. The hint is clear. ADJ/Civil Judge is to please ‘A’. So in order to please ‘A’ if the concerned Judge has to amend Constitution/Central/State Act and or manipulate facts so be it. If day is (mis)interpreted as night or ‘X’ into ‘Y’ and ‘Y’ into ‘Z’, it should not be treated as case of misinterpretation, but case involving amendment of ‘Act’ or manipulation of ‘fact’. Such an Order be treated as violation of oath of office / criminal misconduct involving moral turpitude. The judge be arrested and no bail be granted.

Kingpin of corruption in lower Judiciary in Haryana is Dr B B Parsoon DJ Yamuna Nagar. He supplies majority of ADJs and civil judges / albeit their orders for pleasure of litigants. Telephone tapping of all phones operating in his residence alone for a period of six months will lead to majority of judges being removed in Haryana. He also acts as conduit between them and higher Judiciary (Balram Gupta, son of a honest high court clerk, lived a life of part depravity and starvation, came in some easy money, was a tout, is a tout and will fore ever remain a tout.) Words in brackets were not in original letter.

3.     Increase staff strength by 100-200 %

4.     Every subordinate judge should be given a legal reader (in addition to regular reader) who will give facts and case of parties & relevant statues to the judge in summary form along with minimum four steno typists. (One for recording evidence, One for typing Zimni orders two for detailed orders)

Dated 01.01.2010                     KD Aggarwal

                                                   Advocate