THE FREEMEN
Dear Brethren,
Passing the Buck by executive on taxpayers money;-
Time
pass by executive;-
In my earlier article I had mentioned
as to how the official liquidator can wound up a Company within a year. I had
also mentioned that in last 60 years no company has ever been wound up in the
office of Official Liquidator Chandigarh. In response I was told that office of
official Liquidator has written a letter to Registrar of Companies seeking
certified copies of last returns filed by companies under liquidation. This
was a mere time pass as such information is already available in the office of
official liquidator when they inspect the files to know names and addresses of
directors and further for the reason that one office will never respond to
letter from another office knowing that such letters are written under
compulsion to show some thing is being done when in reality nothing is ever
done by executive to conclude its affairs to their logical conclusions.
Following is a copy of letter I wrote to inquire the status of information;-
"To,
CPIO,
19.5.2010
Office of Registrar of Companies,
Jalandhar
Corporate Bhawan, Sector 27, Madhya
Marg,
Chandigarh.
SUB: Information under RTI.
Dear Sir,
1. Official
Liquidator vide his letter Dt 19.3.2009 and another remainder Dt 5.10.2009 had
sought certified copies of last balance sheets & annual returns of certain
companies. (Copy of his letter enclosed).
2. Kindly
submit the period required to give the certified copies.
3. It is
widely believed that if bribes are paid then it will take only a week or so to
give certified copies otherwise, certified copies will never be given by the
office of ROC. If such be the case then there is no need to even respond to
this letter. Otherwise you may give the time frame within which you can comply
the one year old request of Official Liquidator sent vide his letter Dt
19.3.2009.
CA K D Aggarwal
Copy
to Regional Director, Northern Region Ministry of corporate affairs, PDIL
Bhawan Sector 1 Noida."
In response I received a letter from
the office of Regional director stating that I have stated that there is
rampant corruption in the office of ROC, in my above letter to which they will
make complaint against me. In reply thereof I wrote as under;-
"To,
23-6-2010
Regional Director, Northern Region,
Ministry of corporate affairs,
PDIL Bhawan Sector 1 Noida.
Ref; Your letter No 1166 Dt 26-5-2010
Dear Sir,
I read your letter with
interest and was wondering how any action can be taken on your letter by the
office of Registrar of Companies even after receipt of your letter regarding
supply of certified copies of documents required by the then Assistant Official
Liquidator vide his letter Dt 19.3.09 & 5.10.09.
1. I have received a letter from same
officer who is now posted in ROC. (Copy enclosed). In said letter, he states,
that Balance sheets are available on net and can be examined from there.
I believe that when he was assistant OL he was then also aware that the Balance
sheets were available to him from the net, but from his letters Dt 19.3.2009
and remainder Dt 5.10.2009, it appears that he has come to know of it only
after being posted in the office of ROC. Is it believable?
2. Apart from this, copies
of balance sheets are already available in the office of official Liquidator.
Whenever an order of winding up is received, a peon is deputed to office of ROC
to take copies of annual returns for the purpose of knowing names and addresses
of Ex-Directors, and to know the location and details of assets (for the
purpose of their takeover and deployment of security) and liabilities (for the
purpose of knowing names of creditors to claim money from them).
3. Let me tell
you an interesting incident, there was this employee of a reserved category in
a government department who was always finding faults with his
superiors/others, neither himself ever doing anything, nor allowing anyone else
to do anything. I asked him why?
Well, the person said; “If I work, my
country will progress and if my country does progress, it will not remain
backward and there will be no reservations for backwards. My kin will lose
jobs.”
I asked; “then what do you do?”.
He answered; “We (50% of government
employees) ensure that the other half does not work? You see a government
office to work efficiently does not need so many employees”. …. We are king
makers.” After a few years, the same inferior was the boss of his former
superior and country becomes more backward.
It will be a capital error
to allow OL to retain security agencies beyond a period of 2-3 months or not to
settle creditors claims beyond a period of 4 months
CA K D Aggarwal,
Centenary office"
KAPIL DEV AGGARWAL
