Axis Bank in money swindling racket in collaboration with Orissa Drug House

Axis Bank in nexus with Orissa Drug House, situated at 104, Surya Nagar, Unit 7, Bhubaneswar is spotted to have used its PDQ as a money swindling machine. An instance:

On 4 February 2013 the Orissa Drug House received payment against its Bill No.99488 after reduction of a concessional amount when receiving the payment through the customer’s Debit Card by using a PDQ machine was twice declined after entry of the secret code of the card.

But, from a mini statement on the customer’s accounts in the State Bank of India it came to light that the same amount was drawn twice the same day under the claim of Orissa Drug House.

When the customer informed the Drug House and requested for refund of the money drawn, it made a pretense of verification with the Axis Bank transaction sheets in its possession. And, declared that the money has not been drawn as there is no intimation to that effect from the Axis Bank.

The customer perused his accounts in his Bank and found that on 4 February 2013, two times deduction of the same amount has been done in favor of Orissa Drug House, vide POS 303513570058 and POS 303513571074.

It is therefore clear that Axis Bank has drawn for Orissa Drug House the money two times on 4 February 2013 from the SBI accounts of the customer while declining the transaction through its PDQ machine. The Drug House has given several times to the customer for resolution of the issue on verification with the Axis Bank and the costumer has gone to it ten times with the hope of getting back his money.

But Orissa Drug House is not refunding the amount fraudulently received through double deduction from the costumer’s account stating that there was no such transaction as the money has not been deposited in its accounts by the Axis Bank.

Clearly, at least in this instance, the Axis Bank and Orissa Drug House have partnered in money swindling in transaction through PDQ machine.

The affected customer has authorized his lawyer to move the appropriate court for damage.

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Orissa High Court directs DLO to complete action against the Samaja within two months

A retired IAS officer Suresh Mantry, eager to ingratiate himself into the offshoot gang of Servants of the People Society that is facing a challenge from genuine officiating president thereof in a civil case before the senior division civil judge of Cuttack, had transferred and suspended Sub-Editor of Samaja, Sri Devi Prasanna Nayak who leads the employees as President of their only and recognized trade union apparently in a design to cow down the workforce when the known authority of SoPS Sri K.C.Tripathi had asked the employees not to honor the usurpers, in the month of February 2012. Sri Tripathi had nullified the orders passed by Mantry and holding him highly irresponsible, had put him out of service. Yet, Sri Nayak was disallowed entry into the Samaja premised by use of muscle power by Mantry. The employees of the Samaja had taken a decision to go on strike in protest against the illegal steps taken against their President; but Sri Nayak being a devoted follower of the ideals of Utkalmani Pt. Gopabandhu Das, had dissuaded the members of the trade union from going on strike and had preferred to move the labor machinery against the mischief.

The trade union – Utkalmani Newspaper Employees Association – through its General Secretary Subhas Chandra Singh moved the District Labor Officer Cuttack on 25 August 2012 to intervene as per labor laws. But the DLO – P.K.Mahapatra – was so discernibly subservient to the brand of IAS that Mantry was brandishing, he did not dare to initiate conciliation over the dispute raised by the TU. The offshoot gang of SoPS members, who, according to its officiating President Sri Tripathi has no legal locus standi, devised a shrewd method to keep Orissa officials browbeaten so that the police may not dare to act against criminal misappropriation of funds and other illegal activities of the gang. Under this design, a bunch of formers IAS and IPS officers some of them having headed the state administration as Chief Secretary and Director General of Police during their tenure, were recruited as advisors. And, the design has clicked so faithfully that, despite the High Court orders to the DGP, in Sourav Sahu case, the police is not taking any action against members of this gang such as Manubhai Patel for criminal misappropriation of Samaja funds and despite registration of Police cases on the basis of Tripathi’s allegations against crimes like forgery, breach of trust, tampering of SoPS records, illegal occupation of the Samaja, misappropriation of funds by production and sanction of false bills etcetera, the police is refusing to wake up. In the circumstances, the DLO (Mohapatra) was too overwhelmed under the blaze of the array of formers functionaries like Chief Secretary, DG of Police to take action against illegal victimization of Sri Nayak and other employees devoted to ethics and principles of their service and profession. Mohapatra even had openly confessed that he was at the verge of promotion and cannot dare to irritate the powerful people that have taken to their control, howsoever illegally be, a powerful daily like the Samaja.

In a situation like this, when the labor officer went on dillydallying the case, the Trade Union preferred a writ petition before the High Court of Orissa through its General Secretary Subhas Singh which was registered as WP ( C ) 2297 0f 2013. Going through the grievance of the workmen, a division bench of the Court comprising acting Chief Justice Hon’ble Justice P.Mohanty and Hon’ble Justice S.K.Mishra has directed the DLO, Cuttack to direct the SoPS “not to take any coercive action against members of the TU and to dispose of its dispute within two months.

Accordingly, after lapse of six valuable months, the DLO (a new officer) has instituted conciliation by an order yesterday.

Orissa Government’s step-motherly treatment to farmers exposed in the Assembly

The Opposition exposed the step-motherly treatment meted out to farmers by the State Government in course of an adjournment motion on the necessity of bonus on paddy and pension to farmers, as on Saturday, while initiating the debate, Congress stalwart Santos Singh Saluja gave a detail picture of how the cultivators are being harassed by officials in nexus with private rice mill owners and paddy merchants.

The farmers are being forced to distress selling their products as officials in charge of procurement are not performing for reasons best known to them.

Quoting the State agriculture Minister, Saluja pointed out that during the period from 2000 to 2008, 2574 farmers had committed suicide under duress due to distress sale of their paddy as officials in nexus with millers did not help them with procurement. The crop insurance scheme not implemented in right earnest, in an industry-induced inclement climate, as standing crops succumb to calamities, disadvantaged farmers unable to repay their loans, are committing suicide, he pointed out reprimanding scathingly the government for its anti-people manners and short-sightedness.

Opposition Chief Whip Prasad Harichandan came down heavily on the government for suppression of the report of the Agriculture commission and for lack of industrial approach to agriculture and the state’s blatant failure to enhance incentive price of paddy. When in the last fifty years the price of gold and the rate of salary of the government officials have a 150 fold increase, the rate of paddy has gone lower in terms of devalued rupee, he said. The apathy shown to agriculture is precipitating suicide in the farming community so menacingly that there are at least three suicides per week in the state, he lamented.

Leader of Opposition Bhupinder Singh stripped the Government layer by layer for its total failure in the front of agro based industries. Far from creating any ventures in agro-industrial sphere, it has failed to maintain the cold-storage units, spinning mills, Sugar factories and other agro-industries established during the Congress regime, he observed.

Independent member Pratap Sarangi castigated the government for its lack of concern for the farmers when its extraordinary zeal for Vedanta and Sainik is enough to indicate how dubious has become the conduct of administration. He asked as to why the farmers shall not be ensured with pension when government servants and legislators are provided with pension.

In call attention over the issue, treasury-bencher Anant Das opined that the principal opposition party in the Assembly – the Congress – should prevail upon its own government in the center to ensure farmers with pension and support money for paddy. His colleagues Dr. Nrusingh Sahu, Prabhat Biswal, Prafulla Samal were almost of the same view.

In reply, agriculture minister Debi Pr. Mishra asserted that there is no negligence to agriculture from the side of administration. Suicide by members of the farming community cannot be attributed to official negligence to agriculture as no such allegation is based on evidences to such effect.

Oath is co-terminus: Orissa Governor in illegal incumbency

Subhas chandra Pattanayak

assemblyThe budget session of Orissa Assembly commenced on the Valentine’s Day with M. C. Bhandare reading out his customary address as Governor of Orissa.

As he started addressing the House, he faced protests from the Opposition that culminated into a boycott.
The boycott by the Congress party proceeded from its protest against the insipid address of the Governor, as to it, that was nothing but vomit of the State Government’s vapid versions, aimed at reducing the House podium to a medium of its political propaganda.

But the BJP boycott was against misuse of the Assembly by Bhandare who has lost his legitimacy to address the Assembly.

Bhandare is discernibly the most controversial Governor the state has ever had. When he has failed to act as expected of a Governor in times of need of democracy, he has made mockery of the role of Chancellor of Universities to the detriment of education and embarrassment of educationists.

However, by not leaving the Raj Bhawan on completion of his term in August 2012, he has belittled the dignity of the post of Governor.

He has invoked Art.156 (4) of the Constitution of India which is a proviso to Clause 3 of the Article. It allows the Governor to “continue to hold office until his successor enters upon his office”. Bhandari is not entitled to take advantage of this proviso.

From the scheme of this proviso, it is clear that a person may continue in the office of the Governor till his “successor” enters upon his office. This means, when somebody is appointed to become the “successor”, but under certain circumstances he/she is taking time to join, the outgoing person shall continue to hold office during that transit period only. Otherwise, the Governor is to relinquish office at the end of stipulated term of five years, by handing over the charge to the Chief Justice of the State, from whom he/she had taken the oath of office under Art.159.

Both the Articles read together make it unambiguously clear that the Oath of Office a Governor is bound to be administered with at the time joining, is co-terminus with the term of his/her tenure of five years.

It is shocking that Bhandare is continuing as Governor sans a valid oath of office. And, the government of Naveen Patnaik, known for inability to understand the laws and ability to violate the laws, has allowed him to address the Assembly on commencement of its budget session.

Sad, the Legislative Assembly has been used by the State government as a slaughter house of Law relating to the Governor by allowing Bhandare to address it as the Governor when clearly he is in illegal incumbency.

Law is necessary to discipline the ISPs

Subhas Chandra Pattanayak

My Internet Service Provider – Ortel Communications Limited – could not say why it was not possible on its part to keep its broadband service to me stable. During these days, since these pages were last updated, it changed the modem at my point several times; yet could not succeed in restoring my Internet connection. Defect in its apparatus or deficiency in its staff is responsible for the disruption is best known to its management; but that, finally the connection seems stable today after I gave vent to my irritation over the disgusting disorder, is indicative of how lightly my problems were being looked into by the ISP so far.

When the ruthless servants of capitalism that have occupied power in our country have created laws against online writers under the plea of controlling cyber crimes, they have not at all thought it necessary to create a law to discipline the ISPs and to make lack of a minimum standard of service punishable.

Such a law is necessary as the country has gone into the phase of e-administration. Unless a minimum standard of cyber service and a minimum strength of connectivity as paid for by net users is ensured by law with provisions for punishment, not only web journalism, but also e-communication which is civilization’s greatest gift to human society as well as the government’s own scheme of e-administration would continue to suffer imperiling impediments.

But with right-viruses eating away the country, has administration the mana to disciple the ISPs?

A mirror to Chief Minister Naveen Patnaik

Subhas Chandra Pattanayak

eviction 2

I will begin with this picture of demolition of an unauthorized enclosure.

the martial art institute

This enclosure belonged to a martial art school in Unit 6 of Bhubaneswar that the Government has demolished a few days ago.

A private builder is negotiating to take it to his possession for construction of apartments in partnership with Bhubaneswar Development Authority/Housing Board.

Even as it is open secret that in all such partnerships with private builders, greasing of palms of concerned authorities is a motivating component, retrieval of government lands from encroachments is most welcome.

But is the Government sincere in demolition of encroachments?

In the immediate neighborhood of the Karate school, in the heart of Unit 6, there is a big cowshed on encroached government land that has become a serious threat to health of the people. It stands on the main road junction of Unit 6.

cowshed 2

This is the picture of the cowshed. If the martial art school that has been catering to good health of the people is demolished, why this cowshed adjacent to the Karate school and standing on the main road junction through which the official demolisher reached to raze down the enclosure did not demolish the cowshed, even though it causes serious health problems in the area?

After three of policemen succumbed to brain malaria during their security duty in course of a session of the State Assembly and after insurmountable outcry over unbearable mosquito menace that legislators of both the sides attributed to spread of cowsheds on government lands in every nook and corner of the capital city, the House authored a new law for the Bhubaneswar Municipal Corporation that put a blatant ban on keeping of cows and buffaloes and goats and sheep and any such animal in the City and its buffer zone to ensure healthy living environment to the people. The milkmen through their association challenged the validity of the ban on their profession in the high Court of Orissa where they also demanded that if they were to be evicted from government lands in the heart of the City, then they must be provided with alternative government lands in plots that would suit their profession. The high Court rejected their petition. They preferred a civil appeal in the Supreme Court of India. That was rejected with the Court adding more strength to the Law.

The appeal of the milkmen was based on two pleas.

One was: the present Chief Minister’s father, when in Office, had promised to rehabilitate the milkmen by giving them lands to run their business in milk; and, therefore, eviction sought without offer of alternative plot was not proper.

Against this plea, The Court held that even if a former chief minister had made a promise to rehabilitate the milkmen, there was no legal shape given to that promise by way of policy decision. And, after enactment of a law prohibiting cow keeping, the former CM’s alleged promise, even if termed an executive action, shall be of no applicability. “An executive action on the part of the State must give way to the statutory scheme. As by reason of the Orissa Municipal Corporation Act, within the periphery of the town, dairies or cowsheds cannot be maintained, the State would not be entitled to adhere to its earlier plan of rehabilitating them in the villages mentioned therein” the Supreme Court mandated.

The other was: they were ready to pay for the plot.

The Supreme Court also rejected this plea. It held, “only because they are agreeable to pay for the plot which may be allotted to them, that by itself would not clothe them with the legal right to be rehabilitated. There does not exist any legal concept which confers a legal right upon an encroacher to be rehabilitated”. Thus saying, it made it clear that “the doctrine of Promissory Estoppel will have no application” to the milkmen.

In holding the ban on dairies or cowsheds perfectly justified and absolutely necessary, the Supreme Court has said that in civic society, “Town Planning indisputably plays an important role. Unauthorised occupation by the encroachers in the areas which are meant for planned development goes a long way in thwarting the goals sought to be achieved by such town planning”.

After, thus, the milkmen lost their case in the Supreme Court, it was incumbent upon the State Government and Bhubaneswar Municipal Corporation and Bhubaneswar Development Authority to evict the milkmen from their encroachments in most important nerve centers of the city.

But even though the Supreme Court delivered its judgment on February 02, 2006, and seven years have lapsed, the unauthorized and illegal dairies or cowsheds are running in the city with the help of the authorities.

We have confidential information that there are 4000 dairies or cowsheds fully functional on encroached government plots in the city of Bhubaneswar from whom concerned officials collect Rs.4000/- each through agents of the racket every month. So, probably it is a monthly scam of Rs. 1.60 crores. We had depicted the issue in these pages and confronted the Chief Secretary through mails. But, there is no answer to that mail and no clarification on why the Municipal Corporation Act 2003 aimed at freeing the city of the filth and stench the illegal dairies or cowsheds are causing is not being implemented despite the illegal operators having lost their case in the High court and appeal in the Supreme Court.

The milkmen are spreading their filth even beyond the area they have encroached.

cowshed 4

This is causing serious health problem, particularly bronchial and mosquito generated ailments in the areas infested with dairies or cowsheds.

In these pages we have raised the issue several times; samples of which may be read at:
http://orissamatters.com/2007/01/08/bovine-grip/

http://orissamatters.com/2007/06/03/malaria/

http://orissamatters.com/2008/04/20/rate-the-govt/

http://orissamatters.com/2009/01/07/tortured-bhubaneswar/

http://orissamatters.com/2009/01/29/1009/

http://orissamatters.com/2009/03/01/bhubaneswar-boiled/

We place this issue with pictures with the specific purpose that Chief Minister Naveen Patnaik may look at it as a mirror to see the real reflection of the filth his administration is giving the people.

Whether or not he corrects himself depends upon him.