Dear All,
DG, AIR and DD, were supposed to file two separate affidavits in the contempt matter today.
1. The lawyer asked for 2 weeks more time (to verify records)..... The court granted them time till 18th September 2009.
2. The Lawyer also asked that both DG,AIR and DG,DD be permitted to file a single affidavit. This was protested by us. We maintained that it was important that both the DG's file separate affidavits as only then the truth can emerge. The judge also agreed that two separate affidavits can be filed as there can only be one truth.... and also since if contempt needs to be established it has to be against a particular individual.
Regards
Jose
Monday, August 31, 2009
Friday, August 21, 2009
CVC PROBE IN TO PRASARBHARATHI LEGAL BILL
As Jose has pointed out many times in the past, our fortunes are not likely to improve unless we get good lawyers to represent us. Mr. Rajappa's presence in court on our behalf has made an obvious difference to our case.
But take a look at the legal forces whistled up by the opposition: several retired Supreme Court judges, two former Chief Justices... and the lowest fee paid by Prasar Bharati to their lawyer per hearing is Rs.1 lakh. That's probably our entire legal budget.
Sajan
CVC probe into Prasar legal bill
Nagendar Sharma and Chetan Chauhan, Hindustan Times
New Delhi, August 20, 2009
Doordarshan (DD) paid Rs 4.25 crore (Rs 42.5 million) to government law officers for appearing in court cases during the last two years, recording a six-time increase in a year.
At a board meeting on Tuesday, the apex decision-making body for DD and All India Radio, Prasar Bharati, asked the Central Vigilance Commission (CVC) to probe the “payment of exorbitant fees”.
The board was informed that the amount was paid to government lawyers since 2007 till June this year, while between 2004 and 2007, DD’s annual legal expenditure was only around Rs 40 lakh (Rs 4 million).
The DD documents, in possession of Hindustan Times, said this violated the rule on prescribed fees for law officers hired by the organisation.
But CEO of Prasar Bharti B.S. Lalli said that the payments were as per rules.
The Prasar Bharati board prescribed fees for a government lawyer is Rs 4,500 per hearing, whereas the documents show that the lowest amount paid was Rs 1 lakh.
The board’s decision to probe the payment was made on a complaint by DD director-general Aruna Sharma, who said six law officers were paid Rs 1.10 crore in cases related to shutting out some private channels from the DD’s direct-to-home (DTH) service.
“So much money was spent to defend such a trivial issue,” said a DD official, not willing to be identified.
Prasar Bharati board chairman Arun Bhatnagar confirmed that the matter had been referred to the CVC for a probe. But Lalli said the probe decision was illegal since the agenda was only for the information of the board.
He said, “Three members of the board have also challenged the way the agenda item (on exorbitant fees) was introduced in the meeting.”
The documents presented before the board showed several former Supreme Court judges, including two former Chief Justices, as beneficiaries of the Rs 4.5 crore payment.
The law ministry, however, said autonomous organisations were free to hire top law officers, whose salary is paid by the government. “Every department has a fixed criterion and we don’t interfere on the fees issue,” said a senior law ministry official.
http://www.hindustantimes.com/CVC-probe-into-Prasar-legal-bill/H1-Article1-445359.aspx
But take a look at the legal forces whistled up by the opposition: several retired Supreme Court judges, two former Chief Justices... and the lowest fee paid by Prasar Bharati to their lawyer per hearing is Rs.1 lakh. That's probably our entire legal budget.
Sajan
CVC probe into Prasar legal bill
Nagendar Sharma and Chetan Chauhan, Hindustan Times
New Delhi, August 20, 2009
Doordarshan (DD) paid Rs 4.25 crore (Rs 42.5 million) to government law officers for appearing in court cases during the last two years, recording a six-time increase in a year.
At a board meeting on Tuesday, the apex decision-making body for DD and All India Radio, Prasar Bharati, asked the Central Vigilance Commission (CVC) to probe the “payment of exorbitant fees”.
The board was informed that the amount was paid to government lawyers since 2007 till June this year, while between 2004 and 2007, DD’s annual legal expenditure was only around Rs 40 lakh (Rs 4 million).
The DD documents, in possession of Hindustan Times, said this violated the rule on prescribed fees for law officers hired by the organisation.
But CEO of Prasar Bharti B.S. Lalli said that the payments were as per rules.
The Prasar Bharati board prescribed fees for a government lawyer is Rs 4,500 per hearing, whereas the documents show that the lowest amount paid was Rs 1 lakh.
The board’s decision to probe the payment was made on a complaint by DD director-general Aruna Sharma, who said six law officers were paid Rs 1.10 crore in cases related to shutting out some private channels from the DD’s direct-to-home (DTH) service.
“So much money was spent to defend such a trivial issue,” said a DD official, not willing to be identified.
Prasar Bharati board chairman Arun Bhatnagar confirmed that the matter had been referred to the CVC for a probe. But Lalli said the probe decision was illegal since the agenda was only for the information of the board.
He said, “Three members of the board have also challenged the way the agenda item (on exorbitant fees) was introduced in the meeting.”
The documents presented before the board showed several former Supreme Court judges, including two former Chief Justices, as beneficiaries of the Rs 4.5 crore payment.
The law ministry, however, said autonomous organisations were free to hire top law officers, whose salary is paid by the government. “Every department has a fixed criterion and we don’t interfere on the fees issue,” said a senior law ministry official.
http://www.hindustantimes.com/CVC-probe-into-Prasar-legal-bill/H1-Article1-445359.aspx
Thursday, August 20, 2009
THANK YOU ALL..!!!!!!
Thanks. We received feed back from UPSC that in view of the many telegrams recieved from different parts of the country, UPSC has asked the Ministry for clarifcation.
regards,
Jose
regards,
Jose
Friday, August 14, 2009
ABOVE ALL GOD WAS KIND TO US.....
Dear All,
Yes indeed we were lucky to get hold of Sh.Rajappa. We desperately needed a good, strong service lawyer with the temperament to push our point through.
AUPO and PSWA were strategising together on how to handle the issue. The PSWA President, Pramod Mehta took us to Sh. Rajappa. Pramod had been following his performance in CAT and recommended that it was his conviction that Sh. Rajappa was a suitable choice for us.
PSWA's Lawyer Sh. M.K.Bharadwaj is also a sharp and astute lawyer , who is respected by the CAT Bench.
With Rajappa and Bharadwaj working together , and supporting each other, the synergy was apparent.
The evidence they were able to show in court was strong. The advocates did a very good job. They got assistance and support from Amlan,Pramod and myself .
Our people were there to support us with their physical presence in court. This also gives the lawyers emotional strength too.
The support and encouragement that we have got form all of you have helped us to go on.
Above all God was kind to us.
But this battle is by no way over.
So we cannot afford to let our guard down....
Jose Mathew
Yes indeed we were lucky to get hold of Sh.Rajappa. We desperately needed a good, strong service lawyer with the temperament to push our point through.
AUPO and PSWA were strategising together on how to handle the issue. The PSWA President, Pramod Mehta took us to Sh. Rajappa. Pramod had been following his performance in CAT and recommended that it was his conviction that Sh. Rajappa was a suitable choice for us.
PSWA's Lawyer Sh. M.K.Bharadwaj is also a sharp and astute lawyer , who is respected by the CAT Bench.
With Rajappa and Bharadwaj working together , and supporting each other, the synergy was apparent.
The evidence they were able to show in court was strong. The advocates did a very good job. They got assistance and support from Amlan,Pramod and myself .
Our people were there to support us with their physical presence in court. This also gives the lawyers emotional strength too.
The support and encouragement that we have got form all of you have helped us to go on.
Above all God was kind to us.
But this battle is by no way over.
So we cannot afford to let our guard down....
Jose Mathew
Thursday, August 13, 2009
MODIFIED TELEGRAM
in view of the court direction......
Those who are still to send the telegram to UPSC , may send the modified telegram.
TELEGRAM
SECRETARY
UPSC
SHAHJAHAN ROAD
NEWDELHI
PRINCIPAL BENCH OF CAT ORDERED ON 12th AUGUST 2009 DG, AIR AND DG DOORDARSHAN TO FILE AFFIDAVIT BY 31st AUGUST 2009 CERTIFYING REGULAR SERVICE OF PERSONS SHOWN IN ELIGIBILITY LIST SENT TO UPSC FOR REVIEW DPC FOR JTS OF IBPS (. )
LIST SENT BY DG AIR AND MIB VIOLATES STATUTORY RULES AND SHOWS DATE OF ENGAGEMENT ON CONTRACT AS DATE OF REGULAR APPOINTMENT IN THE GRADE (.)
ELIGIBLE PERSONS LEFT OUT AND MANY INELIGIBLE INCLUDED (.)
LIST PREPARED WITHOUT CORRECTIONS MADE IN PSWA CASE (.)
.
(Please mention name of person, designation and station)
Those who are still to send the telegram to UPSC , may send the modified telegram.
TELEGRAM
SECRETARY
UPSC
SHAHJAHAN ROAD
NEWDELHI
PRINCIPAL BENCH OF CAT ORDERED ON 12th AUGUST 2009 DG, AIR AND DG DOORDARSHAN TO FILE AFFIDAVIT BY 31st AUGUST 2009 CERTIFYING REGULAR SERVICE OF PERSONS SHOWN IN ELIGIBILITY LIST SENT TO UPSC FOR REVIEW DPC FOR JTS OF IBPS (. )
LIST SENT BY DG AIR AND MIB VIOLATES STATUTORY RULES AND SHOWS DATE OF ENGAGEMENT ON CONTRACT AS DATE OF REGULAR APPOINTMENT IN THE GRADE (.)
ELIGIBLE PERSONS LEFT OUT AND MANY INELIGIBLE INCLUDED (.)
LIST PREPARED WITHOUT CORRECTIONS MADE IN PSWA CASE (.)
.
(Please mention name of person, designation and station)
Wednesday, August 12, 2009
KUDOS TO AMLAN, JOSE, Mr.SAMBIYAL, ,Mr.S.N.SINGH AND OTHERS FOR THEIR TIRELESS EFFORTS..
HEY HEARD ABOUT COURT'S ORDERS TODAY!!!!!!!!!!!
KUDOS TO AMLAN, JOSE, Mr.SAMBIYAL, ,Mr.S.N.SINGH AND OTHERS FOR THEIR TIRELESS EFFORTS..
OUR SPECIAL THANKS FROM EACH MEMBER OF AUPO TO Mr.S. RAJAPPA (our learned Advocate) WHO BROUGHT US SOMETHING WHICH WE WERE FIGHTING FOR 9 YEARS...
THANK-YOU SO MUCH SIR BUT THE BATTLE STILL IS NOT FINALLY WON...
WE NEED YOUR HELP TILL VICTORY...
DEAR FRIENDS,WE ALL HAVE TO BE UNITED UNTILL WE REACH OUR DESTINATION...
LETS EACH OF US DO THE BEST WE CAN UPTO OUR OPTIMUM CAPACITIES AND CAPABILITIES...
ALL THE BEST.
WE WILL SURELY WIN...
MEENU KHARE
KUDOS TO AMLAN, JOSE, Mr.SAMBIYAL, ,Mr.S.N.SINGH AND OTHERS FOR THEIR TIRELESS EFFORTS..
OUR SPECIAL THANKS FROM EACH MEMBER OF AUPO TO Mr.S. RAJAPPA (our learned Advocate) WHO BROUGHT US SOMETHING WHICH WE WERE FIGHTING FOR 9 YEARS...
THANK-YOU SO MUCH SIR BUT THE BATTLE STILL IS NOT FINALLY WON...
WE NEED YOUR HELP TILL VICTORY...
DEAR FRIENDS,WE ALL HAVE TO BE UNITED UNTILL WE REACH OUR DESTINATION...
LETS EACH OF US DO THE BEST WE CAN UPTO OUR OPTIMUM CAPACITIES AND CAPABILITIES...
ALL THE BEST.
WE WILL SURELY WIN...
MEENU KHARE
Monday, August 10, 2009
MOST IMPORTANT !!!!
Dear All,
Orders from court regarding submitting of affidavit by the department not on the cause list of CAT today. Discussed with Lawyer. He says, it could take maximum a week for the order to come out and has told us not to worry at all as any action he says taken by the department now using the wrong list can only be done at their own peril.
However, in order to avert the slightest possible risk of the UPSC going ahead with the review DPC on the basis of the faulty eligibitlity list, AUPO and PSWA have decided that a telegram should be sent by each one of us to UPSC Secretary .
This must be done most urgently.
Copy of sample telegram attached.
Sambyal , Jose and Pramod Mehta
SECRETARY
UPSC
SHAHJAHAN ROAD
NEWDELHI
ELIGIBILITY LIST FOR REVIEW DPC FOR JTS OF IBPS SENT BY DG AIR AND MIB VIOLATES STATUTORY RULES (.)
LIST SHOWS DATE OF ENGAGEMENT ON CONTRACT AS DATE OF REGULAR APPOINTMENT IN THE GRADE (.)
ELIGIBLE PERSONS LEFT OUT AND MANY INELIGIBLE INCLUDED (.)
LIST PREPARED WITHOUT CORRECTIONS MADE IN PSWA CASE (.)
REQUEST HOLD REVIEW DPC ONLY AFTER VERIFCATION.
(Please mention name of person, designation and station)
Orders from court regarding submitting of affidavit by the department not on the cause list of CAT today. Discussed with Lawyer. He says, it could take maximum a week for the order to come out and has told us not to worry at all as any action he says taken by the department now using the wrong list can only be done at their own peril.
However, in order to avert the slightest possible risk of the UPSC going ahead with the review DPC on the basis of the faulty eligibitlity list, AUPO and PSWA have decided that a telegram should be sent by each one of us to UPSC Secretary .
This must be done most urgently.
Copy of sample telegram attached.
Sambyal , Jose and Pramod Mehta
SECRETARY
UPSC
SHAHJAHAN ROAD
NEWDELHI
ELIGIBILITY LIST FOR REVIEW DPC FOR JTS OF IBPS SENT BY DG AIR AND MIB VIOLATES STATUTORY RULES (.)
LIST SHOWS DATE OF ENGAGEMENT ON CONTRACT AS DATE OF REGULAR APPOINTMENT IN THE GRADE (.)
ELIGIBLE PERSONS LEFT OUT AND MANY INELIGIBLE INCLUDED (.)
LIST PREPARED WITHOUT CORRECTIONS MADE IN PSWA CASE (.)
REQUEST HOLD REVIEW DPC ONLY AFTER VERIFCATION.
(Please mention name of person, designation and station)
Friday, August 7, 2009
GOOD NEWS AT LAST !!!!
Dear All,
Today was a good day.
It was our day at last.
To tell you frankly, we were very anxious .
The contempt matter was supposed to come up in the morning. Eventually all cases were heard except ours.
Ours was the only case in the afternoon.
The Government tried to establish that our objections to the eligibility list was beyond the original judgment - which was to undertake a review DPC to the IBPS by giving Programme Executives the options for production posts also.
Our Senior Lawyer gave a brilliant performance today.
He was able to successfully establish that the judgment said that the review DPC is to be done as per service rules.
The service rules say eligibility list has to be prepared on the basis of three years of regular service.
The eligibility list prepared by the department was full of errors. It showed hundreds of ineligible contractual persons whose date of entry into contractual service was shown as regular service.
We also pointed out how 101 ineligible persons rejected by UPSC in 1986 were now in the list and that too above 1977 UPSC recruited Pexs.
Our lawyer spoke of the agony of our persons who were retiring without promotions.
The financial losses, the pressures in terms of family.. etc..
Our lawyer said we were willing to withdraw the contempt if the Dept was able to show us legal regularisation orders of the ineligible people.
The Judges finally said that they will issue an order on Monday asking the Department to file an affidavit stating that the persons included in the list are all as per rules.
The Dept is in a tight position now. Their lawyers and the administrative staff are looking decidedly unhappy.
We are elated of course.
Let us wait for the courts order which we will hopefully receive by Monday evening.
Meanwhile, our efforts with the MPs and VIPs must continue.
We cannot afford to relax.
Stopping for now.
More in next.
regards
Jose.
Oh just wanted to add two important things .
Our Lawyer was ably supported by Pramod Mehta's lawyer too.
We also as applicants added our two bit worth to add strength to what the lawyers had to say.
And today , we had quite a lot of our people in court.
That makes a difference.
Seeing a large group of affected people has an impact on the judges too. The energy contributed is vital too.
Jose.
Today was a good day.
It was our day at last.
To tell you frankly, we were very anxious .
The contempt matter was supposed to come up in the morning. Eventually all cases were heard except ours.
Ours was the only case in the afternoon.
The Government tried to establish that our objections to the eligibility list was beyond the original judgment - which was to undertake a review DPC to the IBPS by giving Programme Executives the options for production posts also.
Our Senior Lawyer gave a brilliant performance today.
He was able to successfully establish that the judgment said that the review DPC is to be done as per service rules.
The service rules say eligibility list has to be prepared on the basis of three years of regular service.
The eligibility list prepared by the department was full of errors. It showed hundreds of ineligible contractual persons whose date of entry into contractual service was shown as regular service.
We also pointed out how 101 ineligible persons rejected by UPSC in 1986 were now in the list and that too above 1977 UPSC recruited Pexs.
Our lawyer spoke of the agony of our persons who were retiring without promotions.
The financial losses, the pressures in terms of family.. etc..
Our lawyer said we were willing to withdraw the contempt if the Dept was able to show us legal regularisation orders of the ineligible people.
The Judges finally said that they will issue an order on Monday asking the Department to file an affidavit stating that the persons included in the list are all as per rules.
The Dept is in a tight position now. Their lawyers and the administrative staff are looking decidedly unhappy.
We are elated of course.
Let us wait for the courts order which we will hopefully receive by Monday evening.
Meanwhile, our efforts with the MPs and VIPs must continue.
We cannot afford to relax.
Stopping for now.
More in next.
regards
Jose.
Oh just wanted to add two important things .
Our Lawyer was ably supported by Pramod Mehta's lawyer too.
We also as applicants added our two bit worth to add strength to what the lawyers had to say.
And today , we had quite a lot of our people in court.
That makes a difference.
Seeing a large group of affected people has an impact on the judges too. The energy contributed is vital too.
Jose.
Sunday, August 2, 2009
Subscribe to:
Posts (Atom)