CBI indicts Jose Cherian for violation of tendering procedures ; HYC demands action from NEHU VC

Staff Reporter

Shillong, Dec 1: The Hynniewtrep Youth Council (HYC) has demanded that NEHU Vice Chancellor PS Shukla initiates action against the executive engineer Jose Cherian, who was indicted by the CBI for gross violation of tendering procedures.

In a statement, HYC education secretary Enlang Sawian said, “(We) demand that the original note sheet be sent for immediate Forensic examination and order thorough probe against Jose Cherian, as the issue pointed out is just a tip of ice berg. During the pendency of such a probe, he should not be allowed to hold any position in the office, as he likely to temper more files and intimidate his junior officers. Further Vice Chancellor should initiate action against this officer as per the resolutions already taken by University’s Executive Council.”

He said even after CBI indicted Jose Cherian Executive Engineer on account of gross violation of procedures related to tendering, the Executive Engineer has been allowed to continue in his post by Prof Prabha Shankar Shukla, the beleaguered Vice Chancellor of NEHU.

“In complete disregard to CBI finding that Jose Cherian has caused substantial financial loss to the University, the Vice Chancellor seemingly remains unmoved to follow the decision of the University in initiating action decided by the Executive Council of the University,” he said.

Sawian said the Executive Council after going through CBI inquiry report which directed the University to impose a major penalty to Jose Cherian and also, the separate University level inquiry committee’s report finding him guilty of causing financial loss to the tune of Rs 10.00 Lakhs was accepted by the Executive Council headed by Prof PS Shukla himself, but till date, the decision of the Council to serve him chargesheet and then keep him out of office till charges are finally adjudicated hasn’t not been implemented by the Vice-Chancellor.

“Taking full opportunity of the failure of Vice Chancellor Jose Cherian continued in the office and his very presence has resulted into a much graver tempering of official documents related to construction works,” he said adding “In the event of multiple L1 bidders the choice of the awardee in many instances had not been so far based on any objective, scientific and statutorily valid criterion. The Executive Engineer acted in a prejudicial manner to grant of the award of work to some preferred tenderees by violating extant government norms. It is instructive to note that in a particular case the then Registrar J.N. Nayak wanted to know from the Executive Engineer whether award of work is based on grading/award of marks of their performance or it is based on some other criterion.”

The HYC leader further said that the Executive Engineer in response to this query of the Registrar indicated that performance grading was done in the case of a work namely, “ Replacement of damaged CGI sheet and roof painting in Quarter no P/32,33 and 35 to 58.”

“It can be seen from the note by Jose Cherian that he claimed to have followed CPWD manual, records also show that objective marks were awarded on the past performance of tenderees to select first among the equals, as all the tenderers had quoted same least amount for the work. The practice of award of marks and grades becomes mandatory in such cases; but Jose Cherian refused to follow the same after showing the pretence of following it in just one case,” he said while adding “After this particular work was awarded as per marking/grading, due to some mysterious reasons best known to Jose Cherian, he had actually stopped this practice and resorted to arbitrary award of works. In effect he exercised undefined arbitrary power in selecting to whom to award a work and thereby denied opportunity to other deserving tenderees, when all the applicants have quoted same lowest value.”

He alleged that among multiple L1 tenderees quoting the same value, which itself is otherwise suspect showing an invisible cartel formation quoting the same lowest value.

Further choosing someone for a certain work without any objective garding is a serious statutory violation of all central government statutes and rules of the University.

It is very interesting to note that the file wherein Cherian mentioned his following of the CPWD manual now stands tampered by Cherian as he has applied white ink on his earlier note giving an impression as if no regulation existed to select First among the lowest equal bidders.

It is pertinent to mention that usage of white ink is strictly prohibited on notes of file, as per government orders and rules in force.

“Had the Vice Chancellor acted in time and removed this officer from the chair as he was indicted by CBI as well as internal inquiry of the University, concerned vested interests who now want to hide their gross misdeed by white ink tampering wouldn’t get such an opportunity to commit such a forgery in the official file. The forgery gets cleared when one compares the original note sheet with the tempered note sheet,” he added.

Govt takes pre-emptive moves against newly formed UPFKL

Staff Reporter

Shillong, Sept 21: Chief Minister Conrad K Sangma today said the government has increased manpower along the inter-state border following the alleged formation of a new militant group called United People’s Front of Karbi Longri (UPFKL).

Replying to a call attention moved by UDP MLA from Mokaiaw Nujorki Sungoh, Sangma said though reports are coming in but there is no specific intel or specific complaints by any of the people that they have received extortion notes (served by the UPKFL)

“(However), based on newspaper clippings on the formation of the new militant outfit, we have increased our manpower in the border areas,” he said.

He said that a letter had also come to the government from the Jaintia Students Movement (JSM) on the matter based on which actions have been taken adding that the government, the police and the district administration are working tirelessly to ensure peace prevail in the border areas.

Sangma said that the concerns expressed by the members are very important. The history of Block I and II is aware that for administrative convenience the transfer of Block I and II was done. This is very much available with the Government of Meghalaya, the Government of Assam and the Government of India.

“Keeping all these in mind, we have started engaging with the Government of Assam and Karbi Anglong Autonomous Council (KAAC). I will refrain to go into the discussion and how we are moving forward. For the first time never we have seen this kind of efforts taken by the Government of Assam and Government of Meghalaya (to resolve the issue of boundary dispute),” he said.

Informing that the two States will be meeting in the first or second week of October for another round of talks, the chief minister said, “There will be a special focus given to Khanduli, Psiar, Block I and Block II keeping in mind the slight tension prevailing out there.”

On Sungoh’s request for the construction of the road from the Khatkhasla and Mojem area, Sangma said, “I have spoken to the deputy chief minister who informed that the detailed project report (DPR) is in the preparation stage. So action has been taken. But if any portion of the road comes under the disputed areas, some complications could come up.”

With regard to the request for setting up of a primary health centre at Psiar and Moolber, Sangma said these are areas which fall under the areas of difference but the government will ensure that the people don’t suffer.

He said that even previous governments have also tried to focus on this matter to ensure development activities do not stop.

“We are trying to find out a solution in the long run to this and we are aware of the difficulties that are there in the area and many projects are being taken up,” Sangma said while assuring to examine all proposals given by the MLA.

“Regarding the new militant outfit, official complaints have not come to us in the form of FIRs. Intelligence reports have also not come to us and we are relying on newspaper clippings (about the arrest of two members of the militant group). But we don’t take anything lightly. We are taking things seriously to ensure protection required is given to our people,” the chief minister assured regarding the new outfit, officials’ complaints have not come to us in the form of FIR. intelligence reports have not come to us we are relying on the newspaper – two arrested – but we don’t take anything lightly we are taking things seriously to ensure the protection required is given to our people.

Earlier, Sungoh had alleged that the intention of the new militant group was to create fear among the Khasi-Pnar people living in teh disputed Block I on the border between West Jaintia Hills and West Karbi Anglong specifically in the Elaa Labang-Nongphyllut-Pangam Raliang area.

One-day ASI camp held in Umiam

A one-day camp on Annual Survey of Industries (ASI)-2021-22 was held at RNB Carbide &Ferro Alloys, Umiam on Tuesday for sensitisation and to enable self-compilation of ASI return through ASI web portal by the industrial units covered under ASI 201-22.

The camp was organized by the National Sample Survey office, Field Operations Division (NSSO(FOD)), Regional Office, Shillong, Ministry of Statistics & Programme Implementation(MoSPI), Govt of India and about 20 industrial units around the Umiam Industrial Estate participated the camp. This is the second time such camp has been organized in recent times.

NSSO, FOD is responsible for conducting a large-scale survey in diverse field across the regions. Annual Survey of Industries (ASI) is one of India’s principal sources of Industrial Statistics. It provides statistical information to assess and evaluate, objectively and realistically the changes in growth composition and structure of organised manufacturing sector comprising activities related to manufacturing processes, repair services, gas and water supply and cold storage etc.

This survey also provides the one of the important inputs for calculating Gross domestic Product (GDP) of the country.

The survey is being conducted annually under the statutory provisions of collection of Statistics (COS) Act, 2008 (as amended in 2017) and the rules framed there under in 2011.

While addressing the camp, N. Mohondas Singh, Joint Director & Regional Head, NSSO(FOD), RO Shillong stressed the importance of ASI data in calculation of GDP of the country and appealed all the units for self-compilation and timely submission of the returns. He informed that the defaulting units could be prosecuted as per rules framed under Statistics Act 2008.

He further stated that this is the 2nd Camp organized in recent times to enable self-compilation and ensuring submission of ASI returns of the units. K. Jana, Managing Director, Riangdo Veneers thanked and appreciated the initiation of NSSO(FOD), RO Shillong for organising such important camp.

He further appealed to all the units to give more importance in submission of ASI returns timely like any other filing of returns viz, GST, Income Tax etc. The meeting was also attended by M Nongrum, Asst Director and other senior officers of NSSO (FOD), RO Shillong.

…

Meghalaya among 9 states to withdraw general consent to CBI

As many as nine states, including Telangana and Meghalaya, have withdrawn the general consent given to the Central Bureau of Investigation (CBI) for probing certain offences.

The information was disclosed by Union Minister Jitendra Singh during the winter session of the Parliament in December 2022.

The minister informed the House that as per Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI requires the consent of the respective state governments to conduct investigations in their jurisdiction.

The state governments had granted general consent to the CBI for the investigation of a specified class of offences against specified categories of persons, enabling the agency to register and investigate those specified matters, Singh elaborated. However, Chhattisgarh, Jharkhand, Kerala, Meghalaya, Mizoram, Punjab, Rajasthan, Telangana, and West Bengal have withdrawn the general consent to the CBI to investigate cases. This move could potentially create roadblocks for the CBI to investigate cases in these states.

Non-BJP-ruled states have accused the CBI of “selectively targeting” Opposition leaders.

The withdrawal of consent could also affect the CBI’s ability to investigate cases that have national significance or interstate ramifications. It remains to be seen how the CBI will navigate these challenges and continue to discharge its duties effectively.

This development highlights the need for a comprehensive review of the DSPE Act, 1946, and its provisions related to the CBI’s jurisdiction and powers.

In March this year, a Parliamentary Committee emphasised the withdrawal of general consent for the CBI probe by several states and stated that the existing law governing the federal probe agency has “several limitations”.

The committee has suggested the need to enact new legislation that defines the CBI’s status, functions, and powers.

“The Committee feels that the Delhi Special Police Establishment Act has many limitations and therefore, recommends that there is a need to enact a new law and define the status, functions and powers of the CBI and also lay down safeguards to ensure objectivity and impartiality in its functioning,” it said.

Rudra Vikram Singh, Supreme Court lawyer said that withdrawal of general consent means CBI does not have the general consent of a state government, it is required to apply for consent on a case-by-case basis and cannot act before the consent is given.

“However CBI can continue to investigate cases in a state registered prior to the withdrawal of general consent. In July 2022, the Calcutta High Court, in a case of illegal coal mining and cattle smuggling being investigated by the CBI, ruled that the central agency cannot be stopped from investigating a Central government employee in another state,” said Singh.

“In its order, the High Court observed that corruption cases across the country must be treated equally and that Central government employees could not be exempted from an investigation on the grounds that their offices were located in states that have withdrawn general consent. The judgment also said that withdrawal of general consent and its ramifications would be applicable in cases where exclusively state government employees were involved,” he added.

This order, however, has been challenged in the Supreme Court, where the matter is still pending. Hence, as it stands, the CBI can use the Calcutta High Court order to its advantage to carry on certain investigations until the order is struck down by the Supreme Court.

Gurmeet Nehra, legal scholar and member of the Supreme Court Bar Association said that CBI can approach the local court of that state for issuing a search warrant and it can register a case in Delhi and proceed with the investigation.

One-day camp on Annual Survey of Industries

Staff Reporter

Shillong, April 6: A one-day camp on Annual Survey of Industries (ASI)-2021-22 was held at Maithan Alloys Ltd. today for sensitisation and to enable self-compilation of ASI return through the ASI web portal by the industrial units covered under ASI 201-22.

The camp was jointly organized by the National Sample Survey Office (NSSO), Field Operations Division (FOD), Regional Office, Shillong, Ministry of Statistics & Programme Implementation(MoSPI), Govt of India and Byrnihat Industries Association.

About 30 industrial units around the Brynihat Industries area participated in the camp. NSSO, FOD is responsible for conducting large-scale surveys in diverse fields across the regions. The Annual Survey of Industries (ASI) is one of the principal sources of Industrial Statistics in India. It provides statistical information to assess and evaluate, objectively and realistically the changes in growth composition and structure of the organised manufacturing sector comprising activities related to manufacturing processes, repair services, gas and water supply and cold storage etc.

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This survey also provides one of the important inputs for calculating the Gross Domestic Product (GDP) of the country. The survey is being conducted annually under the statutory provisions of Collection of Statistics (COS) Act, 2008 (as amended in 2017) and the rules framed there under in 2011.

While addressing the camp, N. Mohondas Singh, Joint Director & Regional Head, NSSO (FOD), RO Shillong stressed the importance of ASI data in the calculation of GDP of the country and appealed all the units for self-compilation and timely submission of the returns. He informed that the defaulting units could be prosecuted as per rules framed under Statistics Act 2008. He further stated that the camp was organised to enable self-compilation and ensure timely submission of returns of the units.

Representing the association, P. K. Mishra, Director, Maithan Alloys Limited thanked the NSSO (FOD) for organising such an important camp and appealed to all the units for timely submission of returns to avoid any legal action against the defaulting units and cooperation may be given to officials visiting the units.

The meeting was also attended by senior officers of NSSO (FOD), RO Shillong.