सी. ए.जी. एक एकाउंटेंट भी नहीं है (CAG NOT EVEN AN ACCOUNTANT)

मैने अपनी आत्मकथा के रूप में इस किताब (A FRAUD IN THE INDIAN CONSTITUTION) को लिखा है। मैने 30 साल से अधिक INDIAN AUDIT &  ACCOUNTS DEPARTMENT (IA & AD) में काम किया। इस विभाग के प्रमुख है सी. ए.जी। इस पुस्तक को लिखने के लिए, मैं मेरी सेवानिवृत्ति के 5 साल से पहले, जब मैं वरिष्ठ लेखा परीक्षा अधिकारी के रूप में काम कर रहा था, स्वैच्छिक सेवानिवृत्ति ले ली। इस पुस्तक को लिखने का उद्देश्य, आम जनता को लेखा परीक्षा (CAG) कार्यालय की सही तस्वीर देने के लिए है – अर्थात् कैसे इस संस्था अपने आप, सरकार द्वारा, नेताओं द्वारा और दूसरों द्वारा दुरुपयोग किया जा रहा है। इस तस्वीर को सार्वजनिक मीडिया के माध्यम से इच्छुक पार्टियों द्वारा, उनके खुद के स्वार्थी लक्ष्यों को प्राप्त करने के लिए, जनता के मन में पेश की गई छवि से काफी विपरीत है। वह यह है कि, पुस्तक की प्रस्तावना के पहले भाग में जैसा कहा गया है “आम आदमी का विश्वास कि CAG भगवान के समान है, लेकिन वास्तव में यह उस तरह नहीं है, इसके विपरीत में भारतीय संविधान में एक धोखा है”। इस पुस्तक का नाम, वास्तविक अर्थ और मुख्य विषय यही है।

पुस्तक के पहले भाग के शीर्षक “CAG NOT EVEN AN ACCOUNTANT” (सी. ए.जी. एक एकाउंटेंट भी नहीं) है। पहले अध्याय में, मैं सीएजी कार्यालय का सुस्त प्रकृति साबित कर रहा हूँ और मैं यह भी साबित कर रहा हूँ कि सीएजी अपने ही शाखा कार्यालयों की कुल संख्या भी बनाए रखने मे सक्षम नहीं है। इस के लिए मैं एक दिलचस्प ऐतिहासिक घटना का उदाहरण देकर खुलासा कर रहा हूँ।
to by the book: http://www.amazon.in/dp/9352353986
https://www.facebook.com/afraudintheindianconstitution

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भारत में भ्रष्टाचार और घोटालों पर मेरी किताब - अंग्रेजी में

भारत में भ्रष्टाचार और घोटालों पर मेरी किताब।
क्यों 2 जी घोटाला और कोयला घोटाले में सीएजी ऑडिट रिपोर्ट इसकी शुरुआत के 20 साल बाद आया - वह भी केवल पांच साल की अवधि के लिए? CAG इन सभी वर्षों में क्या कर रहा था ? अधिक जानने के लिए मेरी किताब के अध्याय 3 पढ़ें। इस पुस्तक सीएजी  विभाग ( IA&AD ) में मेरे अपने अनुभव से लिखा है। 

नाम है : भारतीय संविधान में एक धोखाधड़ी (A FRAUD IN THE INDIAN CONSTITUTION)। किताब की पूरी जानकारी के लिए , नीचे मेरी वेबसाइट पर जाना
to buy online:http://www.amazon.in/dp/9352353986

किताब की पूरी जानकारी के लिए, किताब की कीमत का विवरण ( eBook और किताबचा) और इसकी उपलब्धता के लिए, नीचे दिए गए फेसबुक पेज पर जाना

https://www.facebook.com/afraudintheindianconstitution

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The book "A FRAUD IN THE INDIAN CONSTITUTION" is now available at book stalls

FRONT COVER OF BOOK

The book 'A FRAUD IN THE INDIAN CONSTITUTION' is now available at book stalls in Kerala and Maharashtra States. Arrangements are also being made in other places in India. eBook and Paperback is also available for online purchase through amazon.in. In India paperback edition is priced at Rs.125/- and eBook Rs.51/-.  It is true life story. For latest information go to :
https://www.facebook.com/afraudintheindianconstitution?ref=aymt_homepage_panel

DETAILS OF THE BOOK

LOK SABHA SPEAKER: “CAG IS CONDUCTING THE AUDIT OF INTERNATIONAL ORGANISATIONS”. MY PRAYER: “GOD, SAVE THOSE ORGANISATIONS”.

The following are the main points of the Hon’ble Speaker of Lok Sabha (House of the People/ Lower House of the Parliament) made in her address on the occasion of the 27th Conference of Accountants General on the theme ‘Promoting Good Governance and Accountability through Public Audit’ organized by the Comptroller & Auditor General of India as mentioned in the press release published in CAG web site and my comments on them:

1. “The Conference is very significant considering the fact that the Office of the Comptroller and Auditor General plays a critical role in ensuring accountability and good governance in our parliamentary polity”.

A copy of my book A FRAUD IN THE INDIAN CONSTITUTION was already sent to you by speed post (please refer the attachment). If you read it I am sure, you will change your statement about “accountability and good governance”. (For the public, those who cannot afford buying a book, I had already furnished copies of the book in major libraries in India either by speed post or by hand delivery. A list of complimentary copies sent to various libraries and authorities is available in my blog:- http://publiccause.manjaly.net/2016/03/list-of-complimentary-copies-of-my-book.html )

2. “India has seen significant economic growth in recent years. This progress is in no small measure supported by the presence of a sound institutional framework which includes a strong and independent oversight body like the CAG”.

Please refer to the Supreme Court decision quoted at the beginning of the chapter 2 and my comments thereafter. From that you will come to know that what you had stated is only theory part and what is in practice is entirely different. If CAG is what you had stated from the theory books, India would have been manifold better than the present status and India would have surpassed many superpowers.

3. “In India, the Comptroller and Auditor General, as we know, examines the annual accounts of the Government to satisfy that the moneys granted by the Parliament and the State Legislatures to the respective Executives have been applied to the purpose for which they were intended and that they have been spent according to the laws, rules and regulations governing the subject.”

If you read the book, particularly, “Part II-FENCE EATING THE CROP”, you will come to know that how the CAG is fooling the Parliament and the people of India and no need to further explanation.

4. “The reports of the CAG is a source of great empowerment for the citizens and provide valuable information and feedback to the various stakeholders including the policy makers. Citizens can use this report to question their representatives and hold the public servants to account.”

I think your statement is based on the CAG report on the 2G/Coalgate Scams tabled in the recent years. I think you are not aware of when the 2G/Coalgate scams were started. How many different Governments came and gone in between? Is it the report submitted after 20 years of its occurrence according to you “a source of great empowerment for the citizens and provide valuable information and feedback to the various stakeholders including the policy makers”?

5. “Presenting the audit report in the parliament or legislature is not an end in itself. It is very important to ensure that the government takes suitable corrective action otherwise the audit exercise may be reduced to a ritual.”

Here I am asking the same question I asked the PAC Chairman in my earlier blog. I do not know what kind of corrective action you are expecting from the fake objections submitted to the Parliament and later closed by accepting the reply of the Department. Read my book carefully and you will come to know that real objections are not reported. If you open the cupboards of CAG, you will find several skeletons of such brutally murdered good objections.

6. “It is indeed a matter of pride for the nation that the office of the Comptroller and Auditor General of India, is functioning vibrantly. The independence accorded to this auditing authority speaks volumes about the health of our democracy.”

This is the only statement I agree with you with reference to the Constitutional provision. But the provision is not used, but grossly misused. That is why I named the book “A FRAUD IN THE INDIAN CONSTITUTION”.

7. “CAG is playing a prominent role in conducting the audit of International Organisations as well. I am glad to note that the CAG of India has been elected as a Member of the United Nations Board of Auditors and has been entrusted with the audit of important UN agencies including the UN Headquarters.”

On your above statement, I can only pray to God “save those UN agencies including the UN Headquarters and their stake holders” and give a hint to the stake holders to triple check the authenticity of the CAG audit report through other sources before acting upon it.

                                                                **********

(N.B.: the paperback book is now available at some book shops in Kerala and Maharashtra (Mumbai, Navi Mumbai and Panvel). (eBook and paperback are also available online through  http://www.amazon.in/dp/9352353986 )

PLEASE ALSO VISIT MY FOLLOWING BLOGS/WEBSITE:
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https://www.facebook.com/afraudintheindianconstitution?ref=aymt_homepage_panel

1. 
   

MY COMMENT IN TIMES OF INDIA ON FINANCE MINISTER ARUN JAITLEY’S REMARK ON NDA SCAM

Please see the attachment of my comment in THE TIMES OF INDIA on finance minister Arun Jaitley’s remark “Kapil Sibal used a judge to ‘unearth NDA scam’, Arun Jaitley says”. It is self explanatory.

http://timesofindia.indiatimes.com/usrmailcomment2.cms?msid=49386221&mailon_commented=1&usercommentid=41971651#toreply41971651

PLEASE ALSO VISIT MY FOLLOWING BLOGS/WEBSITE:

1. indiantravelexperience.manjaly.net
2. centralemployeesnews.manjaly.net
3. cagreport.manjaly.net
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5. https://www.facebook.com/afraudintheindianconstitution?ref=aymt_homepage_panel
6. www.manjaly.net

सी. ए.जी. ऑडिट जोड़तोड़ के खिलाफ लड़ने के लिए प्रशासन द्वारा परेशान किया गया

मैने अपनी आत्मकथा के रूप में इस किताब (A FRAUD IN THE INDIAN CONSTITUTION) को लिखा है। इस किताब को लिखने के लिए , मैं सेवानिवृत्ति से 5 साल पहले  नौकरी छोड़ दी। मैने 30 साल से अधिक INDIAN AUDIT &  ACCOUNTS DEPARTMENT (IA & AD) में काम किया। इस विभाग के प्रमुख है सी. ए.जी। इस पुस्तक को लिखने का उद्देश्य, आम जनता को लेखा परीक्षा (CAG) कार्यालय की सही तस्वीर देने के लिए है – अर्थात् कैसे इस संस्था अपने आप, सरकार द्वारा, नेताओं द्वारा और दूसरों द्वारा दुरुपयोग किया जा रहा है। इस तस्वीर को सार्वजनिक मीडिया के माध्यम से इच्छुक पार्टियों द्वारा, उनके खुद के स्वार्थी लक्ष्यों को प्राप्त करने के लिए, जनता के मन में पेश की गई छवि से काफी विपरीत है। वह यह है कि, पुस्तक की प्रस्तावना के पहले भाग में जैसा कहा गया है “आम आदमी का विश्वास कि CAG भगवान के समान है, लेकिन वास्तव में यह उस तरह नहीं है, इसके विपरीत में भारतीय संविधान में एक धोखा है”। इस पुस्तक का नाम, वास्तविक अर्थ और मुख्य विषय यही है।
[To buy the book: www.amazon.in/dp/9352353986 ]

अध्याय 6 से 10 तक मैं लिख रहा हूँ कि कैसे इस तरह ऑडिट जोड़तोड़ के खिलाफ लड़ने के लिए प्रशासन द्वारा मुझे परेशान किया गया था। इस के बाद , मैं लिख रहा हूँ; “मैं कैसे सूचना का अधिकार अधिनियम 2005 की मदद से संसद के समक्ष मंत्रालय और CAG द्वारा दिए गए बयान का खण्डन किया”। इन फर्जी, नकली और फुलाया ऑडिट आपत्तियों के कारण करदाताओं के कंधों पर डाल दिया अतिरिक्त वित्तीय और अन्य बोझ के बारे में भी अच्छी तरह से – सूचना का अधिकार द्वारा – सवाल जवाब के रूप में इस पुस्तक में लिखा गया है।

NB: This book (paperback & eBook) is available for online purchase at 
www.amazon.in/FRAUD-IN-THE-INDIAN-CONSTITUTION-ebook/dp/B00SQKTADY. 
It is also available at some book shops in Kerala and Maharashtra at present: www.facebook.com/afraudintheindianconstitution

इस किताब (paperback & eBook) अमेज़न पर ऑनलाइन खरीद के लिए उपलब्ध है । यह वर्तमान में केरल और महाराष्ट्र में कुछ दुकानों पर उपलब्ध है ।
Web: www.manjaly.net
Also visit my other blogs etc on various subject:

cagreport.manjaly.net

centralemployeesnews.manjaly.net

indiantravelexperience.manjaly.net

publiccause.manjaly.net

सुप्रीम कोर्ट ने CAG के ऑडिट आपत्ति के आधार पर दायर जनहित याचिका को खारिज कर दिया गया

मैने अपनी आत्मकथा के रूप में इस किताब ( A FRAUD IN THE INDIAN CONSTITUTION ) को लिखा है। मैने 30 साल से अधिक INDIAN AUDIT &  ACCOUNTS DEPARTMENT (IA & AD) में काम किया। इस विभाग के प्रमुख है सी. ए.जी।

दूसरे अध्याय से मैं ऑडिट अनुभवों को शुरू करते हूँ, जिसमें भारत के उच्चतम न्यायालय के एक फैसले से एक उदाहरण के साथ आरंभ किया है। इस मामले में सुप्रीम कोर्ट ने CAG के ऑडिट आपत्ति के आधार पर दायर जनहित याचिका को खारिज कर दिया गया था। इसके बाद मेरे अपने अनुभव से लिख रहा हूँ कि CAG किस तरह अच्ची आपत्तियों को हटाने और संसद के लिए नकली और फुलाया आपत्तियों को प्रस्तुत करके वह संसद और नागरिकों को कैसे बेवकूफ बना रहा था? यहाँ मैं 2 जी, कोलगेट, आदि घोटाले के बारे में भी उल्लेख कर रहा हूँ, और यह केवल अपने शुरुआती के दशकों के बाद ही क्यों प्रकाश में आया इसके पीछे छिपे रहस्य का कारण भी लिख रहा हूँ।

This book (paperback & eBook) is available for online purchase at AMAZON:-
www.amazon.in/dp/9352353986
It is also available at some book shops in Kerala and Maharashtra at present. For information go to:  www.facebook.com/afraudintheindianconstitution

इस किताब (paperback & eBook) अमेज़न पर ऑनलाइन खरीद के लिए उपलब्ध है । :
 www.amazon.in/dp/9352353986
यह वर्तमान में केरल और महाराष्ट्र में कुछ दुकानों पर उपलब्ध है । :
www.facebook.com/afraudintheindianconstitution
website:- www.manjaly.net

Also read my other blogs on various other subjects:

http://indiantravelexperience.manjaly.net

http://publiccause.manjaly.net

http://centralemployeesnews.manjaly.net

PAC CHAIRMAN’S STATEMENT and MY REPLY TO IT

PAC CHAIRMAN’S STATEMENT FROM THE PRESS RELEASE OF CAG’S OFFICE NEW DELHI DATED 27 th October, 2014 AND MY REPLY TO IT with 2 QUESTIONS TO HIM

The following is the part of PAC Chairman’s statement as mentioned in the press release published in CAG web site.

“Speaking on the occasion (27th Conference of Accountants General on the theme ‘Promoting Good Governance and Accountability through Public Audit’ organized by the Comptroller & Auditor General of India), Chairman of Public Accounts Committee,.. said that the Action Taken Notes submitted by the Government to the PAC in response to the CAG’s observations are important means of ensuring that necessary corrective action has been taken. There are delays in submission of ATNs by the Government. As on 31 st March, 2013, there are 11, 133 outstanding ATNs in both central and state legislatures, …. The PAC Chairman said that in the realm of participative governance, it is for the citizens and the Civil Society to use the CAG’s audit reports to persuade the Government to bring about reforms. The issues selected for audit should also reflect people’s priorities and concerns of the stakeholders, he said.”

In reply to it I am quoting the last sentence of my book “A FRAUD IN THE INDIAN CONSTITUTION’:

“Is it not both CAG and the Ministry fooling the Parliament and thus the people of India? Now it is for the Public Accounts Committee (PAC) of the Parliament to tell the Public what they are doing with these kinds of audit objections and replies brought before them”

Hon’ble Chairman, what kind of ATNs are you expecting from the Government on these kinds of Bogus Audit Objections? Is there any ATNs pending for the period between 1993 to 2013 on the 2G and Coalgate?

 (A copy of the Book http://www.amazon.in/dp/9352353986 referred to herein above is already submitted to the Hon’ble Speaker of Lok Sabha by speed post)

web: www.manjaly.net 

A FRAUD IN THE INDIAN CONSTITUTION - Book is available at the following places in Kerala, India:

Book “A FRAUD IN THE INDIAN CONSTITUTION” is available at the following places in Kerala, India:

1.     THRISSUR:

A.      Green Books India Pvt. Ltd., at its Main Office Ayyanthol and branch at

B.      GREEN BOOKS, Branhmaswom Madom Building, M G Road, Thrissur - 680001

0487-2422515, Mobile : 9447759650

C.      Minerva Book Centre, North Bus Stand, Thrissur – 20 (Opp. Accountant Gen. Office)

D.      Minerva Books, North Bus Stand, Thrissur. (near Accountant Gen. Office)

E.       H & C Stores, High Road, Thrissur.680001( near Puthanpalli – Basilica)

F.       P.I.Kakku & Son, Municipal Office Road, Thrissur – 680001.

2.     TRIVANDRUM

GREEN BOOKS

Ambujavilasom road, General Post Office, Trivandrum - 695001

Mobile : 9526454149

3.     KANNUR

GREEN BOOKS

Fort Road, Plaza Jn. Kannur.

0497-2763038,  Mobile : 8281936038

4.     PALAKKAD

GREEN BOOKS

Joby's Mall, II nd floor, G B Road

Palakkad - 678001

0491-2546162

                               

From the public releasing ceremony of the book "A FRAUD IN THE INDIAN CONSTITUTION"

The book ‘A Fraud in the Indian Constitution’ written by Shri M.P. Joseph was publicly released by the Chief Guest Shri Nandakishore (Cine Artist) in a public meeting held on the occasion of 85^th Annual Celebration of the Union Public Library & Reading Room, Cherpu on 24/08/2015. Meeting was presided over by the President of the Managing Committee of the Library, Shri Ravi Cherpu. Seen in the Photographs are Shri Jenson Joseph handing over the book for official release to the Chief Guest. Later the President received the book from the chief guest on behalf of the Library. Shri Surendran Perinchery also made an introductory speech about the book for the benefit of the audience.

About the book," A FRAUD IN THE INDIAN CONSTITUTION" - STORY REVEALED BY EX-IA & AD OFFICE

A FRAUD IN THE INDIAN CONSTITUTION

STORY REVEALED BY EX-IA & AD OFFICER

M.P. JOSEPH

The book is in the form of an autobiography/memoirs of the author M.P. JOSEPH, who is a voluntarily retired official, ahead of more than 5 years from his regular retirement, from the INDIAN AUDIT AND ACCOUNTS DEPARTMENT (IA&AD) headed by the COMPTROLLER AND AUDITOR GENERAL OF INDIA (CAG) as Senior Audit Officer. The very purpose of writing this book is intended to give the public a true picture of a constitutional institution namely the Comptroller and Auditor General of India commonly known as CAG – i.e., how this institution is being misused by itself, by the Government Officials, by the Politicians and other interested parties. This is quite contrary to the image what is projected in the minds of the public through public media instigated by these interested parties to achieve their own selfish goals. This book is a real insider story.

The part I of the book starts with the Heading “CAG NOT EVEN AN ACCOUNTANT”. 

From the 2^nd chapter onwards the author is unfurling his experiences in the audit side in support of the title of the book, starting with a quote from a decision of the Supreme Court of India while

dismissing a Public Interest Litigation (PIL) based on an audit objection (Draft Para) reported by the CAG in his Audit Report submitted to the Parliament. Thereafter he narrates from his own experience how the CAG manipulates the Audit Report.

From chapter 6 to 10 he narrates how he was harassed by the administration for fighting against this kind of audit manipulations. To keep the originality of the incidents, he kept the original correspondence from the charge sheet till the decision of the review petition to the CAG of India. He also narrates how he continued with further exposure of Audit Scam undeterred with the action taken by the administration against him.

In part III captioned with ‘after crucifixion and resurrection’ he narrates how he started applying the tools under the ‘RIGHT TO INFORMATION ACT 2005’ to fix the CAG and the Ministry who played drama to fool the Nation by submitting inflated and fake audit paras/objections (Draft Para).

The book is ending with, “Is it not both CAG and the Ministry is fooling the Parliament and thus the people of India? Now it is for the Public Accounts Committee (PAC) of the Parliament to tell the Public what they are doing with these kinds of audit objections and replies brought before them” by the auditor CAG and the auditee Ministries.

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Invitation to the public meeting in which my book 'A FRAUD IN THE INDIAN CONSTITUTION' is going to be officially published

My book 'A FRAUD IN THE INDIAN CONSTITUTION' is going to be published in a public meeting to be held on 24/08/2015. A copy of the invitation to the venue by the organizers of the event is attached here. For those who cannot understand Malayalam, I am also attaching an English translation to it. Treat this as an invitation to all of you

FAKE IN INDIA:- LIKE BOGUS AUDIT OF CAG, BOGUS INVESTIGATION AND PROSECUTION OF CASES AS I WROTE IN MY BOOK

INEFFICIENCY (OR NEGATIVE EFFICIENCY IN SUPPRESSING THE CASE?) OF THE INVESTIGATORS AND THE PUBLIC PROSECUTOR SAVED CULPRITS FROM DEATH SENTENCE.

This is a Supreme Court of India Judgement dated 01/07/2015 in which a barbaric and cold blooded murder accused were set free only on the ground of doubt on account of the inefficiency (or negative efficiency in suppressing the case?) of the investigators and the public prosecutor to bring the facts on record. However, unlike in the famous Aarushi Murder Case of New Delhi, there is no order for reinvestigation to find out who are the real accused. So the real culprits are roaming free now.

It is nothing less than a Hollywood film story.

The murder according to the prosecution witness was like this:  On the fateful day of murder, a small boy aged about 8 years, was playing near Ambedkar Park (Uttar Pradesh). At about 10 a.m. the main accused took the boy to her baithak, which was seen by villagers namely the witness and another villager.  At that time three accused sons of the main accused who along with the main accused were sitting in the Verandah. They went inside taking the boy along with them and did not come out for about half an hour. It was alleged that the main accused and her sons then came out with a “thaal” filled with articles of worship (pooja samagri) and went towards Chamunda Math for worship. Since witness and the other villager did not see the boy coming out, they suspected some foul play and soon after main accused and her sons had left for Chamunda Math, they went inside the baithak. As they entered, they saw the dead body of the boy lying in a pool of blood with nostrils and ears cut.  They raised hue and cry, which attracted number of villagers. When the villagers saw the body of the boy, the situation took an ugly turn and there was a complete chaos. The people then went to the Math and assaulted the main accused and her sons.

The police thereafter arrived in the village and Inquest Panchanama was conducted between 2:30 p.m. to 4:00 p.m. Around this time, the main accused and her sons were arrested at about 3:30 p.m. After the inquest, the body of the boy was sent for post mortem. Dr. R. K. conducted post mortem at 4:30 p.m. According to him, the cause of death was asphyxia resulting from throttling. It was also stated that some of the injuries  were possible by a sharp cutting weapon.

In the meantime, all the accused were arrested and on personal search of accused, blood stained dharati or sickle was recovered.

After completing the investigation, charge sheet was filed against them and they were tried in the court of Additional Sessions Judge (Fast Track Court), Bulandshahar.

The trial Court after considering the material on record, found the eye witness account coming from the witness to be trustworthy and that the case was fully established against the main accused and her sons. After considering the submissions advanced on behalf of the prosecution and the accused on the issue of punishment, the Court by its further order found the case to be rarest of rare warranting extreme punishment of death penalty. Therefore, death penalty was imposed on the accused, subject to confirmation by the High Court.

The matter reached the High Court. By its judgment the High Court acquitted the accused of the charges leveled against them. The High Court accepted that the prosecution had proved that the boy was done to death at about 10 a.m. on 24.02.2006 in the baithak owned by the accused.  It however took the view that the prosecution had failed to prove the complicity of the accused in the offence. It observed that looking to its contents and language, the First Information Report did not appear to be a genuine document and the scribe was also not examined. According to the High Court it did not stand to reason that large number of villagers had apprehended the accused and given them thrashing and yet allowed them to escape and that the main accused, a lady of 58 years, would so succeed in running away. It also found force in the contention of the respondents that the place of occurrence was an open place and accessible to all.

Then the State being aggrieved, filed appeal before the SC challenging the order of acquittal passed by the H C. 

According to the Supreme Court, the evidence of the sole witness needs to be considered with caution and after testing it against other material. Further, such evidence must inspire confidence and ought to be beyond suspicion. So SC examined the testimony of the sole witness in the context of the material on record. It took note that apart from his own testimony nothing has been placed on record by the prosecution which could lend corroboration to his own presence and the content of his version.  First, no reason has been given why the witness and another villager were sitting on the bench outside the clinic of the doctor.  Neither the doctor nor the other villager were examined. Beyond the testimony of the witness himself, there is nothing to indicate whether the witness was actually there at the relevant time or not.  Secondly, the place from where he allegedly witnessed the occurrence was not a natural place where either the witness resides or carries on any vocation. The reason for his being there was not placed on record.  Again the reason for his continuing to be there for 20-25 minutes was also not spelt out.  Thirdly, none from the house of the boy was examined nor  throw any light as to when the boy left the house and in whose company he was playing. The prosecution also did not give any names of those children nor had anybody else been examined to say that they had seen the children playing at the place in question.  There was nothing on record which could corroborate that the boy was actually present with other children.  Fourthly, there was nothing to indicate how far the house of the boy was and whether that was the normal place where the boy would always be playing. Lastly, if the incident created chaos in the village and the villagers went and thrashed, there was no reason why none of them was examined.

As regards his version about the incident, the manner in which it was occurred, the involvement of the accused - whether all or some of them, there is nothing on record which could possibly allow the Court to test the authenticity of the version of the sole witness. To the Court, it was doubtful whether the witness could be called a natural and truthful witness and whether he could be completely relied upon.  The movements of the boy were also not established to show that he was actually there as suggested by the witness.

Another point noted by the SC is that the accused were apprehended on the same day when one of them was allegedly found to be in possession of blood stained dharati or sickle. According to the prosecution the weapon was blood stained and was kept in the folds of dhoti. However, no such blood stained dhoti was recovered. For that matter no blood stained clothes were recovered from any of the accused though they were supposed to be committed the crime which left body of the boy in a pool of blood. Even though the blood stains found on the cemented portion of the Chamunda Math, were quite disintegrated as per FSL examination.

In the circumstances explained and particularly when the SC was considering an appeal against acquittal, according to the SC, interference in this case would be justified and called for, only if they find that the testimony of the sole witness of such character that it could be fully relied upon.  In this case, where the accused were being tried for an offence punishable with capital punishment, the scrutiny needs to be stricter. In the view the SC, material on record definitely falls short and the accused were entitled to the ‘benefit of doubt’. The SC therefore, affirmed the view taken by the High Court and dismissed the State appeal. The appeal preferred by the Complainant was also dismissed.

(Reference:- SUPREME COURT OF INDIA, CRIMINAL APPEAL Nos.623-24/2008, State of U.P., …. Appellant V/s   Satveer & Ors. …. Respondents, Judgement dated July 01

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centralemployeesnews.manjaly.net
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A FRAUD IN THE INDIAN CONSTITUTION

My book exposing the corruption of CAG of India and fooling the nation by presenting bogus objections. 

eBook & Paperback at 

http://www.amazon.in/dp/9352353986

This book is aimed at revealing the fraudulent and corrupt activities of the COMPTROLLER AND AUDITOR GENERAL OF INDIA in its Constitutional duty of audit by manipulating the AUDIT REPORT. Author is narrating his own experience with facts and figures. It is a real insider story of the Audit Department under CAG of India. This book can be treated as a part of auto biography of the author for the period he worked in the audit department. It contains a rebellious work of the author against many malpractices prevailing in the Department and its reactions. It is aimed at revealing the truth to the public who treat CAG as an incarnation of God, but in reality it is not God but a Fraud as is the name of the book indicates. After reading the book you will come to know that what is submitted to Parliament and State Legislatures in the name CAG AUDIT REPORT is full of fake and imaginary audit objections and genuine objections are not reported. This is done deliberately to help the interested parties like Ministers, Ministry officials, and other connected persons and entities.

A FRAUD

IN THE

INDIAN CONSTITUTION

STORY REVEALED BY EX-IA & AD OFFICER

BY M.P.JOSEPH

 

Copyright © 2015 M.P.JOSEPH

All Rights Reserved

For Contact: mpjoseph@hotmail.com

www.manjaly.net

 

ACKNOWLEDGEMENTS

This book is completed with the combined effort of my whole family who helped me on various ways in my decision to publish it all alone without any outside support. My son Jenson Joseph deserves for a special thanks for designing the cover page and inside illustrations. Finally, I am grateful to God Almighty for all his blessings without which this would not be materialised.

To watch the video go to the below link:

https://youtu.be/mwTMiWpW8ZU

CONTENTS

PREFACE

PART I. CAG NOT EVEN AN ACCOUNTANT

Chapter 1. THE IAAD WORKING CULTURE

Chapter 2. AN INTRODUCTION to CAG AUDIT

Chapter 3. AUDIT– EARLY EXPERIENCE

Part II. FENCE EATING THE CROP

Chapter 4. THE NOTORIOUS (black) GOLD BOND SCHEME

Chapter 5. CAG – A TOTAL LIABILITY TO THE NATION

Chapter 6. WHISTLE BLOWER CHARGE SHEETED

Chapter 7. THE REPLY TO THE MEMORANDUM/CHARGE SHEET

Chapter 8. THE PUNISHMENT ORDER AND APPEAL AGAINST IT

Chapter 9. FURTHER EXPOSURE OF THE AUDIT SCAM

Chapter 10. APPEAL ORDER AND THE REVIEW PETITION TO CAG

Part III AFTER CRUCIFIXION AND RESURRECTION

Chapter 11. THE CORRUPT AND UNETHICAL ADMINISTRATIVE MACHINERY

Chapter12. CROSS EXAMINATION OF CAG THROUGH RTI

Chapter 13. CROSS EXAMINATION OF FINANCE MINISTRY THROUGH RTI

Chapter 14. LATEST UPDATE ON BOGUS DRAFT PARA

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                                     Also read my other blogs:

cagreport.manjaly.net

centralemployeesnews.manjaly.net

indiantravelexperience.manjaly.net

publiccause.manjaly.net       

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