MA Khan Yusufi Information commisioner

Case of corruption in Central information commisioner Delhi.

M A Khan Yusufi Information commisioner CIC, New Delhi

 

Object of RTI is exposing corruption and increasing efficiency;

Date 5.1.2015

From;

KD Aggarwal, 

#1366, Sector 40-B,

Chandigarh.

To,

         Secretary/Additional secretary/Registrar/Joint Secretary/IC, Central Information commission, 2^nd floor August Kranti Bhawan, Bhikaji cama Place, New Delhi 110066.

Sub; Complaint of corruption against IC MA Khan Yusufi

Sir,

Sh D P Ojha ex-official Liquidator, Chandigarh and presently posted as official Liquidator, New Delhi is involved in upto Rs 500 crore scam in the office of official Liquidator, Chandigarh. Part evidence collected under RTI can be made available on request. The modus operandii is;-

i)       Looting Public of money and property worth crores of rupees by pstealing, cheating and theft of assets under his custody.

ii)      Making payment in name of persons who have never been born and thus making crores of rupees for self and benefit of private persons.

iii)     Making undue gains for himself and loss to public by managing bids of Properties below their valuation and pocketing the difference.

iv)     Making payments to Valuers in excess of their entitlement by concealing the approved norms, getting different valuations of same property to show to different persons for the purpose of managing bids thereby making private benefit of public office.

I have been seeking information under RTI to expose corruption. I was informed that D P Ojha has visited o/o CIC to make contact with IC dealing with matters pertaining to him/ official Liquidators with object of influencing his decision by offer of pecuniary and other advantage. In December I received notice of hearing of 3 appeals 2014/460-462 for 17.12.14 filed in March 2014. Unfazed by what I had heard, I attended the hearings held on 17^th December. Official from O/O Official Liquidator also attended but he was asked to remove his attendance. Taking no chances and as a matter of abundant caution I faxed my written submissions of about 4-5 lines in each matter at or about 9.30 AM on following day i.e. 18^th December. It was confirmed by staff that order is not finalized and faxes are legible and have been placed in respective files for Information Commissioner Khan Yusufi to see.

The orders on all three appeals have been received. In the least they evidence lack of human intelligence and at most they confirm what I had heard. The details are;

Information sought in Appeal 460/2014;

Details of FIRs lodged regarding theft of assets of Companies in Liquidation since 01.01.2003 and connected issues.

Written submission faxed in Appeal 460/2014;

Total number of companies under Winding up; 150-200.

Total number of companies where assets were available; 80-100

Number of companies where thefts have occurred; 80-100

However FIRs are not lodge in all cases but only in some Cases and such number of cases may be in range of;30-50

Why order is ex-facie corrupt and/or against human intelligence?;

i)  There is no mention of written submissions and no discussion on the same, which is evidence of either lack of human intelligence or deliberate act of corruption.

ii)  The order states; “Appellant admitted himself that he is not aware about the exact number of companies during particular period”. The statement in the order is false to the knowledge and against records amounting to offence of perjury by Information Commissioner Khan Yusufi.

iii)   Sh Khan Yusufi further states that information is vague and Applicant failed to pinpoint name of companies where theft has occurred. Name of company where theft has taken place is known either to the thief or to Liquidator. How would a citizen know in which company thief has stolen. Contention is against human intelligence. Further as per Information Commissioner Khan Yusufi the citizen must be submit exact information he requires to CPIO and then seek It back from CPIO under RTI. The contention of Information Commissioner Khan Yusufi is evidence of lack of human intelligence in Order.

iv)  Sh Khan Yusufi further states Appellant has inspected records of some companies and he is satisfied. As per record of 1^st AA only two companies are mentioned. Information Commissioner Khan Yusufi changes word “two” to “some”. Word “two” (out of 200/30-50) means no information was given under RTI  whereas if it is deliberately changed to “some” means information was given under RTI. It is deliberate act of misconduct. Changing of facts is evidence of corruption.

The order of Information Commissioner Khan Yusufi is evidence of lack of morality and/or lack of human intelligence.

Similarly his other two orders are as under;

Information sought in Appeal 461/2014;

Details regarding bids received qua sale of assets and highest as accepted by Official Liquidator and connected issues.

Written submission faxed in Appeal 461/2014;

“Official Liquidator invited bids and conducts inter se bids (in case bidders are more than one). Only highest bid is taken to court for confirmation. Contention of appellate authority that sale is confirmed by High Court which orders are under public domain would not apply since information sought pertains to steps taken by Official Liquidator prior to submitting only highest bid to High Court for confirmation.”

Why order is ex-facie corrupt and/or against human intelligence?;

i)  There is no mention of written submissions and no discussion on the same, which is evidence of either lack of human intelligence or deliberate act of corruption.

ii)  Information Commissioner Khan Yusufi says that since sales are confirmed by High Court hence order of CPIO/AA do not require interference. Whereas Information sought  was of the pre-stage of High Court whereas Information Commissioner Khan Yusufi deliberately changed it to later Court proceedings.

iii)  Changing information sought is evidence of corruption. The order of Information Commissioner Khan Yusufi is evidence of lack of morality and/or lack of human intelligence.

Information sought in Appeal 462/2014;

Valuations of companies where sales have already been confirmed or pending confirmation and not part of court record. 

Written submission faxed in Appeal 461/2014;

The previous order of CIC would not apply as in present application under RTI I have sought copy of valuations reports in those cases where sale has been finalized and hence valuation report has become redundant and ceased to a commercial secret.

Why order is ex-facie corrupt and/or against human intelligence?;

i)  There is no mention of written submissions and no discussion on the same, which is evidence of either lack of human intelligence or deliberate act of corruption.

ii)  He further states that he asked me exact number of companies. This is neither an issue in the case nor raised by CPIO/AA or even by Information Commissioner Khan Yusufi during hearing. The contention is false and evidences lack of morality and basic human intelligence.

It is a folly to say; File an appeal. Such a contention makes the oath of office redundant. Corruption violates oath of office and is also an offense of moral turpitude. The only yardstick is whether the orders suffer from lack of ordinary human intelligence and prudence? If yes, than, further action be taken as per law. These orders have been passed at instance of D P Ojha official Liquidator presently posted in New Delhi. The orders are abuse of RTI act aimed at encouraging corruption and hiding corrupt acts and deeds. Hence you are requested to take appropriate action and also transfer all my cases from his bench to some other bench.”

This is a separate request to him to recuse himself from hearing my cases.

                                                                             K D Aggarwal