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This is an archive article published on April 5, 2016

Probe against ex-official after allegation of corruption by Gohil, GSPC tells HC

The affidavit has specifically pointed to the “past conduct” of Kumar.

Defending the move to initiate a criminal investigation against its former special director, Gujarat State Petroleum Corporation (GSPC) on Monday told the High Court that the action was taken following allegations of corruption against the officer by Congress leader Shaktisinh Gohil at a press conference in New Delhi last year.

The submission was in response to a petition moved by A K Vijay Kumar, former special director of GSPL, a subsidiary of GSPC, in New Delhi office where he was in-charge of office operations. He worked as the special commissioner (investment promotion), Gujarat, with appellation of executive director (corporate affairs), GSPC. Kumar, who currently works as officer on special duty for investment promotion, the Government of Andhra Pradesh, has filed the petition seeking to quash of an FIR against him and his subordinate Bhawna Kumar by the PSU.

The FIR was registered with Sector 7 police station, Gandhinagar, earlier this year for alleged irregularities of Rs. 5.33 lakh from 2010 to 2015. The case is investigated by CID (crime), Gujarat. Kumar challenged this FIR on the ground that it has been”borne out of malice” Atanu Chakraborty, managing director of GSPC and GSPL, bears against him. Kumar was superannuated due to his disputed date of birth certificate.

The GSPC on Monday also submitted a detailed affidavit through its counsel Mihir Thakore who said that “(the then) Leader of opposition Shaktisinh Gohil had held a press conference in New Delhi where he levelled allegations of corruption in GSPC and therefore, an inquiry was initiated”.

Thakore told court of Justice Sonia Gokani that “there were serious financial irregularities committed in office operations which include incurring and self approving expenditure beyond the limit sanctioned by the Board of Directors…there was no maker checker concept followed in Delhi office…there were claims of liquor expenses, conversion of personal expenses to business expenses and large number of vouchers being missing”.

The affidavit has specifically pointed out the “past conduct” of Kumar, “wherein he had tried to manipulate, pressurise and cudgel D J Pandian, IAS (retired), then MD, GSPC and SG Mankad, IAS (retired), the then chief secretary, government of Gujarat for his personal gains.” The affidavit gave anecdotes of two incidents involving Pandian and Mankad, who were allegedly threatened by Kumar for his “personal gains.” The affidavit said that Kumar has been “historically threatening the Managing Directors and other senior officials of the company and uses all sort of pressure tactics to further his personal gains…”

Kumar claimed the audit report which found the alleged corruption of Rs.5.33 lakh was against the procedure adopted by GSPC. He said all the past audits never pointed to the alleged corruption. However, Thakore said that past audits are done on sample of vouchers and therefore, after when fresh audit was done following complaints the alleged corruption was found.

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Senior counsel I H Syed, who represents Kumar, told the court that “there has been remarks in the audits by CAG pointing out mismanagement amounting to loss of thousands of crores but nothing has been done.” The court will hear the matter next week.

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