Friends,
The submission made here are of renowed Chartered Accountant Shri Dharmendra Bhandari in his famous Book “What have you done with our Money” and Acknowledged and Foreward by Legendry Shri Nani Palkhivala.
Hardly a moment passes without a common Man of India being a mute witness to the collosal waste in the utilisation of his money by the Govt.
The poor of India endure such inhumane conditions as would normally lead to a revolution in any other country.
The rich endure foolish Laws, maddening amendments and instinctively prefer to circumvent the Laws than to fight for their repeal.
Mr.B R Ambedkar said in the Constituent Assembly debates that the CAG is probably the most important Officer in the Constitution of India and that his duties are far more important than those of even the Judiciary.
The Reports of CAG to Parliament is based on the principle that the Public funds are spent by the Executives with Utmost prudence, faithfulness and economy.
There are several instances of fraud, waste, delay, inefficiency, extravagant spending, and poor productivity of Taxpayers’ money.
Mr. M R Masani, Chairman of the Public Accounts Committee(PAC) in 1967-69 stated that the impression he got while working on the committee was one of “collosal waste of Public money”.
Several Audit Paras disclose Cognizable offences but no action is initiated.
The Police do not register a case on the basis of an Audit Para, for the reasons known to everyone.
The Audit Paras provide accurate and reliable information about waste, losses etc. It should be taken for granted that CAG reports are accurate unless proved wrong.
Audit is generally preventive. The knowledge that the records created in the course of business will come under the scrutiny of shrewd and experienced Auditor and will be followed by Penal action is a strong deterrent to carelessness, negligence, fraud, over spending and abuse of power.
The political executives pay lip service in the matter of compliance to Audit observations, the permanent bureaucracy prefers to play a game of wait and see, till the entire report is thrown into the dustbins of history by efflux of time.
One often sees that even though the Financial committees with all their Power and Authority, recommend and reprimand, the Administrators keep on committing the same type of mistake and irregularities year after year almost with impunity.
Several Audit reports contain a formidable catalogue of these irregularities and lapses.
The present state of affairs in the Country is a vicious circle. The CAG Reports, and the PAC/PUC investigates. The CAG says that there has been a loss; the committee says there has been a gross loss. It is similar to that CAG saying murder has been committed, the committee says that a cruel and ghastly murder has been committed.
Relief: The State Police shall take Suo Motu Cognizance of CAG Reports as soon as they are presented in the Parliament or Assembly as the case may be , and Register FIR against the person of alleged misappropriation of Public Funds, U/S 409 of IPC 1860, Of Criminal Breach Of Trust by a Public Servant, being a Cognizable Offence.
Previous Sanction as contemplated in Prevention of corruption of Act is required when Police file chargesheet before the competent court of Jurisdiction.
Thus, Filing of FIR and investigation of police do not require any sanction.
It is hoped that this would evoke a debate, in so far as it provokes informed discussions, since this is the very purpose of this exercise.
Readers may have their own views, will they be so generous as to offer their comments.
Jayhind,
Sandeep Jalan(BCom, LLB)
Janhit manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, mumbai- 400056.