{"id":385,"date":"2011-02-17T15:25:38","date_gmt":"2011-02-17T09:55:38","guid":{"rendered":"http:\/\/www.cimforest.in\/?p=385"},"modified":"2024-10-11T14:17:26","modified_gmt":"2024-10-11T13:17:26","slug":"government-of-maharashtra-moved-to-grant-sanction-to-prosecute-ias-officers-joint-secretary-rajendra-mangarulkar-ifs-demanded-rs-8-lacs-bribe-complaint-being-inquired-by-lokayukta-f","status":"publish","type":"post","link":"https:\/\/cimforest.in\/?p=385","title":{"rendered":"GOVERNMENT  OF  MAHARASHTRA  MOVED TO GRANT SANCTION  TO PROSECUTE  IAS  OFFICERS:  JOINT SECRETARY RAJENDRA  MANGARULKAR  IFS DEMANDED RS  10 LACS BRIBE &#8230;.COMPLAINT  BEING INQUIRED BY  LOKAYUKTA:  FAKE GRs   ISSUED BY RAJENDRA  MANGARULKAR  THE THEN JOINT SECRETARY R&#038;FD:"},"content":{"rendered":"<p>In a classic case of corruption, where one IFS Joint Secretary of R&amp;FD Mumbai demanded a bribe of Rs 10 lacs from an IFS officer, a complaint has been filed with <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lokayukt-38a.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Lokayukta Maharashtra<\/a> against Rajendra Mangarulkar and J.P. Dange, \u00a0ex chief Secretary, Maharashtra (see para 5 of the complaint). The <a href=\"http:\/\/www.cimforest.in\/uploads\/2011\/03\/Lokayukta\" target=\"_blank\" rel=\"noopener noreferrer\">Lokayukta has taken cognisance<\/a> of the matter.<strong> <\/strong>The Government of Maharashtra has been moved<strong><a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-sanction-prosecution.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> to grant permision to prosecute<\/a> <\/strong>JP Dange IAS, Leela Satya Narayan IAS, Johny Joseph IAS, SS Hussain IAS, \u00a0Dod IAS, D.K. Shankaran IAS, \u00a0Satish Tripathi IAS, \u00a0Navin Kumar , Chitkala Jutshi IAS &amp; \u00a0Rajendra Mangarulkar IFS for offences of sec 166, 177, 182, 463, 469, 470 and 35 of Indian Penal code. Sanction for prosecution is still awaited. Reliable sources have informed that file is pending with L&amp;JD of Mantralaya, Mumbai.<\/p>\n<p>The case is related to<strong> Navin Singh, <\/strong>who is an officer of Indian Forest Service, 1983 batch of Maharashtra cadre, who has been rated to be an outstanding officer in his last available five successive ACRs . The Government of Maharashtra vide order no. AFO 1301\/CR128\/F-7 dated 13-1-2003 has placed him under suspension, under Rule 3(1) of All India Services (D&amp;A) Rules 1969, framed under the provision of All India Services Act, 1951.<\/p>\n<p>2. His suspension order was required to be reviewed and extended by the competent authority within 90 days of suspension order, if government wanted to further review and extend it as per the provisions of Rule 3(8) (a) . The said Rule 3(8) provides and authorises the Competent authority to extend a suspension order for a further period of not more than 180 days provided it has been extended within initial 90 days of suspension.<\/p>\n<p>3. Rule 3(8) also provides that if suspension order is not extended within said stipulated period then it becomes invalid. Hence can not be extended anymore.<\/p>\n<p>4. As per Rules of business of State Government, competent authority for All India Services officers (IAS, IPS &amp; IFS) is Hon\u2019ble Chief Minister of the State, who is a public servant within the meaning of Indian Penal Code.<\/p>\n<p>5. The Rule 3 (1) and 3(8) of AIS (D&amp;A) Rules, 1969 reads as follows :<\/p>\n<ul>\n<li>\u201c3. Suspension.- (1) If, having regard to the circumstances in any case and, where articles of charge have been drawn up, the nature of the charges, the Government of a State or the Central Government, as the case may be, is satisfied that it is necessary or desirable to place under suspension a member of the Service, against whom disciplinary proceedings are contemplated or are pending, that Government may-<\/li>\n<li>3(1)(a) if the member of the Service is serving under that Government, pass an order placingunder suspension, or<\/li>\n<li> 3(1)(b) if the member of the Service is serving under another Government request that Government to placeunder suspension, pending the conclusion of the disciplinaryproceedings and the passing of the final order in the case.<\/li>\n<li>3 (8)(a) An order of suspension made under this rule which has not been extended shall be valid for a period not exceeding ninety days and an order of suspension which has been extended shall remain valid for a further period not exceeding one hundred eighty days, at a time, unless revoked earlier.<\/li>\n<li>3(8)(b) An order of suspension made or deemed to have been made or continued, shall be reviewed by the competent authority on the recommendations of the concerned Review Committee.<\/li>\n<li>3(8)(c) The composition and functions of the Review Committees and the procedure to be followed by them shall be as specified in the Schedule annexed to these rules.<\/li>\n<li>3(8)(d) The period of suspension under sub rule (1) may, on the recommendations of the concerned Review Committee, be extended for a further period not exceeding one hundred and eighty days at a time: Provided that where no order has been assed under this clause, the order of suspension shall stand revoked with effect from the date of expiry of the order being reviewed.<\/li>\n<\/ul>\n<p>6. After placing him under suspension on 13-1-2003, his suspension was extended for the first time by order dated 24-4-2003, i.e. after 101 days from suspension date. As per rule 3(8)(a), the first extension was statutorily required to be done before 13-4-2003 (within 90 days of suspension order). Because no extension of suspension was done in 90 days of suspension, as required by law, his suspension order stood revoked on 13th April 2003. But instead of issuing his reinstatement order after deemed-revocation, Government on the contrary issued an extension order after 101 days. This act of administration was not only unreasonable, unjust , oppressive but also invalid, illegal, and without authority of law.<\/p>\n<p>7. Further, the government has extended his invalid\/illegal suspension by order dated 8-10-2003 for 180 days. When the rules are so clear that this extension can not be granted until and unless the original suspension order has been extended within 90 days of issuance , still by abusing the power, he is being kept under suspension without any authority, legality and validity. (Government order no. AFO 1301\/CR 128 (Part III-B)\/F-7, dated 18-6-2008). Criminality, Falsification &amp; Forgery with documents has been committed by\u00a0 IFS Joint Secretary ,\u00a0 Rajendra Mangarulkar. As has been <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Lokayukt-38a.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">complained by Navin Singh to Lokayukta , Maharashtra <\/a>, for reinstating\u00a0him into service <strong>(though as per law his suspension was revoked on 14th April 2003)<\/strong>, Rajendra Mangarulkar demanded Rs 10,00,000\/- as bribe so that\u00a0 a proper note would be written in the file explaining the provisions of law\u00a0, which will result in his immediate reinstatement in the service.<\/p>\n<p>8. After his suspension, Government of Maharashtra was issuing the extension orders of suspension by 180 days, by issuing government orders. It was shocking to see:\u2022<\/p>\n<ul>\n<li> that to keep him under continuous suspension, a criminal conspiracy was hatched by the officers of Mantralaya, who had not only reviewed his suspension orders without authority ( as there is no authority to review of suspension under AIS (D&amp;A) Rules , if suspension order is not extended either in initial 90 days of suspension or if it has been extended within 90 days then within 180 days of review),<\/li>\n<li> but <strong>issued the purporting to be government orders<\/strong> (competent authority) of extension of his suspension by 180 days without government sanctions on the date it was issued. Thus, by issuing fabricated government orders (GRs) they kept him under suspension since 13th April 2003.<\/li>\n<\/ul>\n<ol>\n<li><strong>To show you some of the forgeries committed by these officers, according to then\u00a0Principal Secretary, R&amp;FD \u00a0Leela Satyanarayan, the extension order of suspension was required to be issued by competent authority before 25-3-06. Hence a <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-24-3-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">review comittee was organised who has reviewed suspension on 24-3-06. <\/a>The file was cleared by <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-24-3-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Forest Minister on 27-3-06 <\/a>and it came back to Leela Satyanarayan on 14-4-2006 from the office of Chief Minister on his approval. File was sent to Rajendra Mangarulkar on 15-4-2006. Mangarulkar has issued a back dated \u00a0GR dated 24-3-2006. It can very easily be understood that the file was cleared by competent authoiry (CM) inbetween 27-3-2006 to 15-4-2006. The file came back to Mangarulkar on 15-4-2006, but still Government resolution extending suspension \u00a0was issued on <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-24-3-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">24-3-06<\/a> . Had this forged GR not issued on 24-3-06 , again the status of suspension would have become REVOKED as per Rules.<\/strong><\/li>\n<li><strong>To show you some more of the forgeries committed by these officers, according to then\u00a0Principal Secretary, R&amp;FD \u00a0S. S. Hussain, the extension order of suspension was required to be issued by competent authority before 21-9-06. Hence a <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-21-9-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">review comittee was organised by circulation . Every member including Chief Secretary has signed the file on 21-9-2006.<\/a> The file was cleared by <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-21-9-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Forest Minister on 27-9-2006 <\/a>and it came back to S.S. Hussain\u00a05-10-06 from the office of Chief Minister\u00a0after his approval. File was sent to Rajendra Mangarulkar on 5-10-2006. Mangarulkar has issued a back dated \u00a0GR dated 21-9-2006. It can very easily be understood that the file was cleared by competent authoiry (CM) inbetween 27-9-2006 to 5-10-2006. The file came back to Mangarulkar on 5-10-2006, but still Government resolution extending suspension \u00a0was issued on<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-21-9-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> 21-9-06<\/a>.\u00a0Had this forged GR not issued on 21-9-06 , again the status of suspension would have become REVOKED as per Rules.<\/strong><\/li>\n<\/ol>\n<p><a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Navin-CS-24-3-2006.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> <\/a><\/p>\n<ul>\n<li> Also these officers, in <strong>no review-committees<\/strong> proceedings have brought these provisions of Rules to the notice of the Government ( Hon\u2019ble Chief Minister and Hon\u2019ble Minister) and by hiding these provisions of law from them, used his (Hon\u2019ble C.M.) authority to harm him.<\/li>\n<li> Since it was necessary as per law to issue his extension order of suspension within stipulated period , these <strong>officers in a criminal conspiracy issued the GR extending his suspension without it being approved by the Gcompetent authority <\/strong>i.e. Hon\u2019ble Chief Minister. It can be seen from the records that no where even a ex-post facto approval had been taken for the dates on which these fabricated GRs had been issued. \u2022 It is very important to note that this was done not only at one occasion but at many occasions by these officers. <strong><a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/Forgery_table.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Attached table<\/a><\/strong> would summarize the actual forgery and illegality committed by the said officers in reviews and illegal extensions of his suspension order.<\/li>\n<\/ul>\n<p>It can be seen that not only back-dated, unauthorized, purported to be sanctioned by competent authority and forged orders were issued by these officers, but a very careful reading of the table shows that one of the meeting of illegal review committee was held on 21st September 08, it\u2019s minutes were approved by Hon\u2019ble Chief Minister on 1st October 2008, but order of extension was issued on 4th March 09 by Mr Rajendra Mangarulkar. Because of this non-issuance of order, pay and accounts department had not issued \u00a0subsistence allowance letter of Navin Singh for almost more than one year.<\/p>\n<p><strong>What Government should do :<\/strong><\/p>\n<ol>\n<li>If such back dated GRs can be issued OR if such forged GRs can be issued without government sanction on the date of issue, then any thing under the sun is possible. No wonder if ADARSH ghotala can be saved in the similar manner. Hence GRs , which are public documents and are not required to be proved in the courts until and unless it can be challenged on grounds of their forged nature, \u00a0then persons involved in such cases should be prosecuted at once.<\/li>\n<li>Rajendra Mangarulkar should be suspended from the service and departmental enquiry should be initiated for major penalty under the provisions of AIS (D&amp;A) Rules.<\/li>\n<li>All such cases must be inquired, as to in how many other cases, Rajendra Mangarulkar had issued such back dated, unauthorised and forged Government Resolutions for making corrupt money.<\/li>\n<li>Chief Secretary must device an internal mechanism to make fool proof system to avoid such serious criminal misconduct by officers.<\/li>\n<\/ol>\n<p>OUR \u00a0 NEXT \u00a0STORY \u00a0IS \u00a0HOW \u00a0JOINT \u00a0SECRETARY \u00a0HAS KEPT ONE ANOTHER \u00a0IFS OFFICER \u00a0UNDER \u00a0SUSPENSION \u00a0BY PLAYING \u00a0SERIOUS \u00a0MISCHIEF<\/p>\n<p>ANOTHER STORY \u00a0IS \u00a0THAT HOW \u00a0JOINT \u00a0SECRETARY \u00a0PUT \u00a0POLITICAL \u00a0 PRESSURE \u00a0TO \u00a0GET \u00a0HIS \u00a0OWN \u00a0 TRANSFER ORDER \u00a0STAYED \u00a0 BY \u00a0GOVERNMENT, \u00a0WHEREAS \u00a0FOR \u00a0OTHERS \u00a0HE MOVES GOVERNMENT \u00a0TO \u00a0INITIATE \u00a0DEPARTMENTAL \u00a0ACTION.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a classic case of corruption, where one IFS Joint Secretary of R&amp;FD Mumbai demanded a bribe of Rs 10 lacs from an IFS officer, a complaint has been filed with Lokayukta Maharashtra against Rajendra Mangarulkar and J.P. Dange, \u00a0ex chief Secretary, Maharashtra (see para 5 of the complaint). The Lokayukta has taken cognisance of [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"_links":{"self":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/385"}],"collection":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=385"}],"version-history":[{"count":1,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/385\/revisions"}],"predecessor-version":[{"id":1327,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/385\/revisions\/1327"}],"wp:attachment":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=385"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=385"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=385"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}