Tuesday, April 2, 2013

DISCRIMINATION AGAINST EX-SERVICEMEN RE-EMPLOYED IN CIVIL GOVERNMENT POSTS AFTER RETIREMENT


DISCRIMINATION AGAINST EX-SERVICEMEN RE-EMPLOYED IN CIVIL GOVERNMENT POSTS AFTER RETIREMENT

According to the existing rules, all government servants retire on reaching the age of superannuation, which is 60 years. This is laid down by Para 56 of the Financial Regulations. The rules clearly state that that no extensions will be granted, except for certain exceptions that include the Cabinet Secretary, Defence Secretary, Foreign Secretary, Home Secretary, and Director of RAW, IB and CBI, who are granted extensions to enable them to get a tenure of two years. Similar rules exist for re-employment of officers after retirement. However, these orders apparently do not apply to the IAS fraternity, who get around these rules and manage extensions or re-employment after reaching the age of 60. In addition, they are sometimes employed on contract basis.
IAS Officers
             In response to an RTI application filed on 1/2/2011, asking for the rules governing extension and re-employment of government servants in after retirement and the list of officers of the rank of joint secretary and above granted extension or re-employed with the Central Government in 2002, 2003 and 2004, the DOPT initially did not give the information. The CPIO, Shri B Bandhyopadhyay informed that extension beyond the age of 60 was not permitted vide FR 56 (d), an extract of which was forwarded. After a first appeal, the Director, Shri P Prabhakaran provided some more information. He intimated that re-employment of government servants after superannuation was prohibited by instruction given in DOPT Office memorandum No. 26012/5/2002-Estt.A dated 9/12/2002, a copy of which was forwarded.
            I then filed a 2nd appeal before the CIC, Shri Satyendra Misra, who ordered that the relevant rules and list of re-employed officers should be given. In compliance of this decision, the DOPT sent a copy of DOP&T OM No. 3/1/85-Estt (P-11) dated 31/7/1986 and the list of re-employed IAS officers at the level of joint secretary and above for the period 2002, 2003 and 2004.
            The list for the period 2002 to 2004 contains names of 44 officers, some of whom were re-employed for as much as five years. However, the scale of pay was deliberately not provided, for which I have filed another appeal as well as a separate RTI application addressed to the US (Estt.B) (Pay) & CPIO, DOPT who deals with the subject.

            Subsequently, I filed similar RTI applications with different authorities on 15/9/2012, asking for information regarding officers from the IAS, IPS, IFS and IRS granted extensions, re-employed or employed on contract during the period 2005 to 2011. After dragging its feet and the application being passed around from one section to the other for several months, one of the four CPIOs who dealt with the case finally complied, after an appeal. Shri Navneet Misra, Under Secretary and CPIO in the DOPT, has provided a list of 16 officers who were granted extensions ranging from 3 to 6 months. Significantly, the letter does not bear a date, though the envelope indicates that it was posted on 2/1/2013. The list is as under:-

Name, cadre               Appointment  Period of Extn                       Ground for Extn
RM Prem Kumar         Chief Secy,                 1/10/2005-                   To rehabilitate people 
IAS (MH:68)             Maharashtra                28/2/2006                    who are affected by floods

Vijay Bakaya              Chief Secy,                 1/4/2006-                     Smooth running of budget
IAS (JK:70)                Jammu & Kashmir      31/5/2006                    session & bi-elections.

TK Dewan                  Chief Secy,                 1/5/2006-                     In view of certain adm-
IAS (AP:69)                Andhra Pradesh          31/7/2006                    inistrative exigencies.

Shambu Nath              Chief Secy,                 1/4/2007-                     General elections (approval
IAS (UP:70)                Uttar Pradesh              30/6/2007                    by Election Commission)

AK Chaudhary           Chief Secy,                 1/9/2007-                     No reason given
IAS (BH:72)               Bihar                           30/11/2007

Shri Rakesh                 Chief Secy,                 1/1/2009-                     Tocoordinate implementation
IAS (MT:72)               Manipur                       30/6/2009                    of 6th Pay Commission

Johny Joseph               Chief Secy,                 1/6/2009-                     No reason given
IAS (MH:72)             Maharashtra                30/11/2009

D Rajagopalan                        Chief Secy,                 1/8/2009-                     To implement Golden
IAS (GJ:74)                Gujarat                                    31/12/2009                  Jubilee Programme

Ramakanth Reddy      Chief Secy,                 1/10/2009-                   Exigencies in administrative
IAS (AP:69)                Andhra Pradesh          31/12/2009                  work

KS Sripathy                Chief Secy,                 1/5/2010-                     To implement development
IAS (TN:75)                Tamil Nadu                 31/10/2010                  & welfare schemes

NS Napalchyal            Chief Secy,                 1/4/2010-                     Short tenure; selection of
IAS (UK:76)               Uttarakhand                30/9/2010                    successor not finalised

TT Dorji                      Chief Secy,                 1/12//2010-                  Finalise State Annual Plan;
IAS (SK:75)                Sikkim                         31/3/2011                    lead delegation to Delhi

Subodh Kumar            Chief Secy,                 1/2/2012-         Presentation of budget by       new IAS (MH:77)                   Maharashtra                30/4/2012        members of Mumbai municipality     

Van Hela Pachau        Chief Secy,                 1/3/2012-         To lead the State for Committee
IAS (AGMU:76)        Mizoram                      31/8/2012       

Samar Ghosh               Chief Secy,                 1/4/2012-                     No reason given
IAS (WB:77)              West Bengal                30/9/2012                   

Karma Gyatso             Chief Secy,                 1/9/2012-                     Exigency and earthquake
IAS (SK:77)                Sikkim                         28/2/2013                    in Sikkim


            Some interesting facts emerge from the letters of sanction of the above extensions. Almost all were Chief Secretaries in various States. Most of the extensions were approved by the Prime Minister, based on letters from the respective Chief Ministers. While an extension given during elections, with the approval of the Election Commission, may be warranted, the others appear to be on frivolous grounds viz. to rehabilitate people who are affected by floods; administrative exigencies; Golden Jubilee Programme; to implement development & welfare schemes; selection successor not finalised; lead delegation to Delhi; presentation of budget by newly elected members of Mumbai municipality and so on. There are others for which no reason is given, the approvals having been granted by the Cabinet Secretariat or the PMO without reference to DOPT.     

            Incidentally, way back in 2008, I had filed an RTI application with the DOPT asking for year wise lists of officers of the rank of Jt. Secy, Addl. Secy, Spl. Secy and Secy from 2001 to 2008. Initially, they informed me that the list of officers on each date is not maintained in the Department and advised that I should obtain it from the official website of the Department i.e. http://persmin.nic.in. However, after an appeal, the DOPT provided the list, which does not tally with the list on the web site. The case was subsequently decided by the CIC but the DOPT appealed in the High Court on whether the names of officers posted in RAW should be provided, some of which were on the website as well as their reply.
            Though the list provided by DOPT did not tally with list on the web site, it brought out some interesting features.  There were a large number of officers who should have retired still occupying important posts in the Central Government. For example, the list of Secretaries to the Government of India during as on 1/1/2008 showed the  following names of retired officers occupying government posts:-

Name                                      Appointment                                                  Date of Retirement

Malti S Sinha              Secy, M/O Health & Family Welfare                         31/10/2003

Sanjiov Misra              Secy, M/O Finance                                                     31/12/2007

A Dasgupta                 Secy, M/O Agri & Rural Industries                            31/12/2006

GS Sahni                     Secy, (PG & Coord), Cabinet Sectt                            30/11/2006

BS Minhas                  Secy, M/O Agri & Rural Industries                            31/10/2004

AN Varma                  NA, PMO                                                                   31/10/1993

Arun Bhatnagar          Secy, PMO NI Advisory Council       `                       30/06/2004

Anil Chowdhury         Not indicated                                                              31/8/2004

Somi Tandon               Secy, M/O Defence (Defence Finance)                      31/0/2005

Shyam Saran               Secy, M/O External Affairs                                        30/09/2006

Shashank                     Secy, M/O External Affairs                                        31/07/2004

RM Abhyankar           Secy, M/O External Affairs                                        31/08/2005

JC Sharma                   Secy, M/O External Affairs                                        31.07/2004

BN Som                      Secy, M/O Communications & IT                              31/01/2002

PS Go  el                     Secy, M/O Earth Sciences                                          30/04/2007

R Mashelkar                Secy, M/O Science & Technology                              31/12/2002

HK Gupta                   Secy, M/O Ocean Development                                 30/06/2002

CD Sahay                    Secy, Cabinet Sectt (R&AW)                                     30/04/2005


            As will be obvious from the above list, several officers were still occupying important government positions many years after their retirement. Some, like AN Varma, who should have retired in 1993, was still serving in 2008, at the age of 75!  The lists for the previous years from 2001 to 2007 contain similar anomalies. If one goes through names of Jt. Secys, and Addl Secys, the number of retired officers is even larger.

             
 IFS Officers
            On 15/9/2012, I had submitted an application to the PIO, Ministry of External Affairs asking for information regarding IFS of the level of Joint Secretary and above re-employed, granted extension and employed on contract in Central Government posts after retirement for the period 2005 to 2011. AS expected, the MEA refused to provide the information on the ground that it is not available in the form in which it has been sought and it would disproportionately divert the resources of the public authority to compile the same. I was asked to visit their office to inspect the available record of the year 2011, which I refused. I appealed to the First Appellate Authority, mentioning that the DOPT has provided similar information along with letters sanctioning the extension granted to each IAS officer. Surely, the number of IFS officers is much smaller that the number of IAS officers. This plea was accepted and the MEA finally provided the information as given below:-
S. No  Name                Designation     Pay Band & Grade Pay                     Tenure
1.         HK Bhasin       Ambassador     Pre-revised Basic pay       Re-emp as non-career after (IFS:1968)       (Denmark)            (Rs. 26000/- fixed)           retirement from 01/09/04 to 16/06/05
2.         Tara Singh       Ambassador     Pre-revised Basic pay       Re-emp as non-career after (IFS:1972)       (Belarus)            (22400-525-24500)          retirement from 01/07/04 to 30/06/05
3.         Ronendra Sen  Ambassador     26000 Fixed) as per          Re-emp as non-career from 06/08/04         (IFS:1966)            (USA)              pre-revised Basic pay        further extended to 31/03/09
                                                            80000 (Fixed) revised
4.         Kamalesh Sharma  High Comm             26000  (Fixed) as per        Re-emp as non-career after           (IFS:1965)                  (UK)             pre-revised Basic pay       retirement from 01/07/04 to 30/06/05
                                                              80000 (Fixed) revised
5.         Kanwal Sibal   Ambassador       26000  (Fixed) as per      Re-emp as non-career after             (IFS:1966)       (Russia)             pre-revised Basic pay       retirement from 17/09/04 to 16/09/07
                                                              80000 (Fixed) revised
6.         PS Haer            High Comm        80000  (Fixed)               Re-emp as non-career after             (IFS:1970)       (Mauritius)                                               retirement from 10/09/06 to 31/12/06

7.         Nirupam Sen     Ambassador/     80000  (Fixed)               Re-emp as non-career after             (IFS:1969)       PMI (New York)                                 retirement from 01/03/07 to 31/03/09

8.         Partha Sarathi Ray  Ambassador   80000  (Fixed)             Re-emp as non-career after             (IFS:1971)            (Denmark)                                               retirement from 01/02/08 to 29/02/08

9.         Rinzing Wandi    Ambassador    80000  (Fixed)               Re-emp as non-career after             (IFS:1971)          (Mexico)                                                  retirement from 01/01/08 to 31/12/08

10        Amitava Tripathi Ambassador    80000  (Fixed)               Re-emp as non-career after             (IFS:1971)         (Switzerland)                                           retirement from 01/01/08 to 29/02/08

11        Asit Kumar Nag    Ambassador              37400-67000                            Re-emp as non-career after             (IFS:1984)          (Seychelles)     Grade Pay 10000           retirement from 01/02/11 to 31/07/11

12        Azad Singh Toor    Ambassador             37400-67000                            Re-emp as non-career after             (IFS:1987)          (Madagascar)               Grade Pay 10000           retirement from 01/11/11 to 30/04/12

13        Meera Shankar    Ambassador     80000  (Fixed)               Re-emp as non-career after             (IFS:1973)          (USA)                                         retirement from 01/11/10 to 31/12/10

14        HK Singh            Ambassador     80000  (Fixed)               Re-emp as non-career after             (IFS:1974)          (Japan)                                                       retirement from 01/11/10 to 31/12/10

15        Nirupama Rao    Ambassador     80000  (Fixed)               Re-emp as non-career after             (IFS:1973)          (USA)                                          retirement from 06/09/11 to 05/09/13

            In addition to the above list of re-employed officers, the MEA has intimated that two officers were employed on contact basis as under:-

Name of Officer        Retired as       Duration of Contract            Consultancy fees per month

PP Sircar                     Jt Secy             8/9/2011 to 31/1/2013             Rs. 51,000

Ms Reena Pandey       Jt Secy             1/1/2011 to 31/12/2012           Rs. 50,000



            In response to my RTI dated 15/9/2012, Shri B Bandhopadhyay, Under Secretary & CPIO in the DOPT, intimated that as per DOPT Office memorandum No. 26012/5/2002-Estt.A dated 9/12/2002 re-employment beyond the age of superannuation is not allowed. Para 9 of the OM is reproduced below:-

9.         Re-employment. No proposal for employing a government servant beyond the age of superannuation of 60 years shall be considered. It is also clarified that no person can be appointed/re-appointed to Central Government service after the age of superannuation of 60 years through contract.

            In view of these orders passed by the DOPT itself, how are IAS and IFS officers being reemployed beyond the age of 60, after superannuation? 

IRS Officers

Similar information was asked for from the Dept of Revenue, Ministry of Finance. No officer of Customs and Central Excise was granted extension, re-employed or employed on contract basis during the period 2005-2011. However, three officers of the Income Tax Dept were granted extensions, as under:-

Name                                      Designation                 Date of retirement      Duration of Extension
Ms Shobha Majumdar              Charman, CBDT          28/2/2005                    one month
R Prasad                                  Chairman, CBDT         29/2/2006                    one month
Sudhir Chandra                                    Member, CBDT           31/3/2011                    two months

IPS Officers
Information in respect of IPS officers has still not been provided       by DOPT.

Officers from the Defence Services
Service officers of the rank of Colonel and Lt Col are usually re-employed within the service, for a period of max 4 years, in appointments tenable by majors or captains. Officers of senior rank i.e. Brig and above are given re-employment outside the service, in central police forces, intelligence agencies etc. In case they retire within the service and then go out, they are re-employed in a post that is one rank lower. However, if they were already on deputation and retire from the Defence Forces, at an age less than 60, they are re-employed in the same civil appointment until they reach age of 60. For example, a Brig serving in a civil post on deputation will retire at the age of 56. Thereafter, he can be re-employed until he reaches the age of 60.
            In all cases, the entire pension of the service officer is deducted while fixing his salary in the re-employed post. The decision to ignore the salary either fully or in part rests with the Govt, which means the bureaucrats in the DOPT.
            The rules regarding fixation of pay on re-employment are given in Central Civil Services (Fixation of Pay of Reemployed Pensioners) Orders, 1986, issued vide DOPT Office Memorandum No. 3/1/85-Estt (Pay II) dated 31/7/1986  Relevant extracts of Para 4 of the Rules is reproduced below:
4.  FIXATION OF PAY OF REEMPLOYED PENSIONERS
(a)        Reemployed pensioners shall be allowed to drawn (sic) pay only in prescribed
            scales of pay for the posts in which they are reemployed. No protection of the                      scales of pay f the post held by them prior to retirement shall be given.

            (b) (i)   In all cases where the pension is fully ignored, the initial pay on        reemployment shall be fixed at minimum of the scale of pay of the reemployed          post.    

                  (ii)  In cases where the entire pension and pensionary benefits are not ignored               for pay fixation, the initial pay on reemployment shall be fixed at the same                stage as the last pay drawn before retirement.  If there is no such stage in                                    the reemployed post,   the pay shall be fixed at the stage below that pay. If                                   the maximum of the pay scale in which the pensioner is reemployed is less                               than the last pay drawn before retirement, his initial pay shall be fixed at                                     the maximum of the scale of the reemployed post. Similarly, if the                                         minimum of the scale of pay, in which the pensioner is reemployed is more                          than the last pay drawn by him before retirement         his initial pay shall be              fixed at the minimum of the scale of pay of the reemployed         post.                                         However, in all these cases, non-ignorable part of the pension and                                               pension equivalent of retirement benefits shall be reduced from the pay so                                fixed.

            (c)        The reemployed pensioner shall in addition to  pay as fixed under para                                (b) above shall be permitted to draw separately any pension sanctioned to                                 him and to retain any other form of retirement benefits.

            (d)        In the case of persons retiring before attaining the age of 55 years and                                 who are reemployed, pension  including pension equivalent of gratuity                             and other forms of retirement benefits) shall be ignored for initial pay                             fixation to the following extent:

(i)                 In the case of ex-servicemen who held posts below commissioned officer rank in the Defence Forces and in case of Civilians who held post below Group ‘A’ posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored.

(ii)               In the case of service officers belonging to the Defence Forces and Civilian Pensioners who held Group ‘A’ posts at the time of their retirement, the first Rs. 500/- of the pension and pension equivalent of the retirement benefits shall be ignored.


The loss of pension on reemployment of service officers is due to the fact that they are ALWAYS reemployed under the provisions of Para 4 (b) (ii), where the entire pension is not ignored. On the other hand, bureaucrats are reemployed under Para 4 (b) (i), where the pension is fully ignored.

Consider the example of a Maj Gen who retired in 2002, when his salary was 22400. His pension works out to Rs 11200. In case his pension was fully ignored, under Para 4 (b) (i), his emoluments would be as under:-
Salary (minimum of scale)      -                       18400
Pension                                    -                       11200
Total                                                                29,600

Actually, since his pension is not ignored, his emoluments under Para 4 (b) (ii), his emoluments would be as under:-
Salary (maximum of scale) less pension -       11200
Pension                                                -           11200
Total                                                                22,400

As can be seen, the difference works out to Rs. 7200. In fact, the loss is sometimes more. In my own case, I was drawing a salary of Rs 22900 (Basic 22400 plus stagnation pay 500) when I retired in June 2002. My pension was fixed at Rs 11325. My salary on reemployment was fixed at 22400 less pension which worked out to Rs 11075. 

Though Para 4 (d) (ii) states that in case of service officers and officers holding Group A posts the first Rs 500 of the pension will be ignored, I have never seen this happening.

Dearness relief on Disability Pension during Reemployment

During the period of reemployment, dearness relief is not paid on the pension. However, DR is given on the full salary scale in which the officer is re-employed. In case an officer gets disability pension, this is also clubbed with service pensions and no DR is paid. This is blatantly unfair, since the disability pension is not taken into account while fixing the salary. This point has been taken up me with the PCDA as well as the Government but there was no result. Unfortunately, it is mostly Armed Forces officers who get disability pension, so bureaucrats are not really affected.

Discriminations between Officers and Lower Ranks

Para 4 (d) (i) of DOPT Office Memorandum No. 3/1/85-Estt (Pay II) dated 31/7/1986 given above reads:-

             In the case of ex-servicemen who held posts below commissioned officer rank in the           Defence Forces and in case of Civilians who held post below Group ‘A’ posts at the time      of their retirement, the entire pension and pension equivalent of retirement benefits shall            be ignored.

            This means that only commissioned officers lose out when they are reemployed in civil posts after retirement. JCOs and OR get the salary of the new post as well as their pension.  Consider the case when a Captain or Major is re-employed along with a Subedar Major in the same organisation. After deducting his pension, the emoluments of the re-employed officer will be less than those of the JCO. There appears to be no logic in this anomaly, which also appears to discriminatory and can be challenged in the court.

            The above provisions are also given in the recent Instructions issued by Principal Controller of Defence Accounts to prevent Delay in payment of Defence pension by Banks, vide
Circular No. 165, Audit/Tech./070-XXI, dated: 22 .02.2013. which is reproduced below:-


(a) In case of re-employed pensioners who hold Group ‘A’ post or posts of the ranks of commissioned officers at the time of their re-employment will not be entitled to any dearness relief on pension on the fact that:-

(i) a certain portion of pension is taken into account and is not entirely ignored.

(ii) the pay in the post of re-employment is not required to be fixed at the minimum of the scale in all cases, and

(iii) dearness allowance at the rates applicable from time to time is also admissible on the pay fixed on re-employment.

(b) (i) The entire pension admissible is to be ignored in the case of civilian pensioner who held posts below Group ‘A’ and those ex-servicemen who held posts below the ranks of commissioned officers, at the time of their retirement. Their pay on re-employment is to be fixed at the minimum of the pay scale of the post in which they are re-employed. Such civilian pensioners will consequently be entitled to dearness relief on their pension at the rates applicable from time to time.

(b) (ii) The ex-servicemen (PBOR) who retired before attaining the age of 55 years and re-employed thereafter and their pay fixed at a higher stage because of advance increments and no protection of the last pay drawn is being given, the pay should be treated as fixed at a minimum only for the purpose of ignoring the entire pension and allowing dearness relief on pension.

(c) The disability element is part of disability pension, therefore position explained at a & b above will also apply for regulating dearness relief on disability element during re-employment of pensioner drawing disability pension.

(d) The family pension received by the eligible central Govt. employees/Armed Forces pensioners is, in any case, not taken into account in determining their pay on employment therefore, dearness relief at the rates applicable from time to time shall be admissible on their family pension.


            The discrimination meted out to Armed Forces officers in the matter of re-employment beyond the age of 60, fixation of salary on re-employment and non-payment of dearness relief ob disability pension should be taken up through a PIL in the Supreme Court or High Court.

            The ESM has agreed to take it up. I have them given them a detailed brief along with copies of the replies received from DOPT etc. I hope this is done soon. Others who are similarly affected may give their inputs if they wish.

Maj Gen VK Singh
Veteran
3/4/2013

                                                 

                                                 











Friday, December 21, 2012

VEEKAYS NEWSLETTER – 2012


VEEKAYS NEWSLETTER – 2012


Christmas and the New Year are round the corner and it is time for the annual ritual of getting ‘through’ with near and dear ones, some close and some far away. There are many friends, acquaintances, comrades and colleagues who one has not met or spoken to for years. In fact, at the ’dam busters’ get together held a year ago in Kharakvasla, some of us met after exactly 47 years! The fact that a few had already departed on their last journey made the occasion doubly poignant, reminding us that we are getting older, if not old.

2012 has been eventful, if not exactly hectic.  The case filed against me by the CBI at the behest of RAW is still on. They filed a charge sheet in April 2009, after which  I applied to the court for copies of documents listed in the charge sheet as evidence to be given to me (I already have copies of some of them, which pertain to appointment, salary, extension and re-employment etc). The court granted the request, but the CBI went in appeal against that order in the High Court. At that time, the Supreme Court had stayed a similar order of the Delhi High Court on an appeal by the Government in the case of Brig Ujjal Dasgupta, and the CBI counsel was banking on that. (Ujjal was granted bail after spending more than four years in jail on a trumped up charge). However, shortly afterwards the Supreme Court dismissed the appeal, and ordered that the documents will be given. With this, it was thought that the CBI will now have no option but to do the same in my case. But I had not taken into account the ingenuity of the CBI counsel.  For the last two years or so, he has delayed the case seeking adjournments on one pretext or the other. Fed up with this, I met the Director CBI Mr AP Singh in April and told him that his lawyer was taking him for a ride – the CBI was paying him for each hearing and he was deliberately making sure that the case drags on for another five or ten years. The Director promised to look into it.

I had also filed a case in the High Court in 2008 for quashing the FIR and charge sheet. This is still to be decided. The CBI counsel is the same, in this case as well as in the lower courts.(Just for the record, he played a role in the famous case of Captain BK Subbarao, IN, who was arrested at the Bombay airport in 1988  for attempting to take ‘secret’ documents, abroad – only it was his own PhD thesis. He spent 20 months in jail and was exonerated by the Supreme Court only in 1993. The CBI counsel in my case was one of the two counsels who filed a false affidavit in the Supreme Court on behalf of the Government in the Subbarao case). Arguments have been held and the case is listed for final disposal since April 2011. For various reasons it has still not been decided.

Then there are five cases which I have filed in the court of the Chief Metropolitan Magistrate under CrPC 156 (3), asking that the CBI be directed to register FIRs and investigate the complaints I have made to them. One relates to the instances of corruption that I have reported to the CVC and the CBI. The other four concern disclosures in books and articles about RAW, some of which I have used as reference material. Hearings are still being held, without a decision so far. After almost three years, the CMM transferred the case involving corruption to the District Judge, who in turn sent it to the CBI Spl Judge. After about a dozen hearings, the CBI Spl Judge discovered that only the High Court or the Supreme Court has the authority to direct the CBI to register an FIR and investigate a case. I am wondering how this happened – for three years, neither the CMM, nor the District Judge nor the CBI Spl Judge was aware of the Supreme Court ruling that lays down this condition. Now I plan to file a petition on similar lines in the High Court. Perhaps in 2-3 years, they might take a decision.

As regards the other four cases against the authors of books and article, some of which I have quoted in my own book, summons were issued in two cases. They promptly went to the High Court, Quoting Section 13(3) of the Official Secrets Act, which stipulates that5 no court will take cognisance of an offence under this Act unless the complaint comes from a government department. Now we know why in all espionage case, such as the war room leak case, the bureaucrat will never be punished. The person to whom secret documents or information was passes can be prosecuted, but not the official was passed it on, after accepting a bribe. I did some research in the National Archives in the genesis of the OSA, in UK as well as in India. I found some interesting facts.

 In the Indian Official Act of 1889 as well 1904, there was a provision for sanction being required from the Governor General or the Local Government. This provision was also inserted in the Indian Official Secrets Act, 1923.  In 1937 and 1967, ‘Governor General’ and ‘Local Government’ were amended to read ‘Appropriate Government’. The intention of nominating the Governor General as the sanctioning authority was to ensure that prosecution under the OSA was undertaken only in very serious cases, after clearance at the highest level. However, as it stands today, this provision is being misused by unscrupulous elements within the government and outside. Classified information is being leaked to the media by intelligence agencies, to protect themselves from blame for intelligence failures after terror attacks. Classified information is also made available by corrupt officials to private vendors, to enable them to bag lucrative government contracts, especially in the defence and aerospace sectors. Because of the stipulation given in Section 13 (3) of the OSA, no action can be taken by the courts even when such cases are brought to their notice by whistle blowers. The organisations to which these officers belong rarely agree to make formal complaints, since many of them are involved in such activities themselves. Brilliant is it not?

Recently, a PIL was filed in the Supreme Court on behalf of the Centre for Public Interest Litigation, questioning the legal status of the three Indian intelligence agencies – IB, RAW and NTRO. It seeks that the Government be advised to enact laws to define their role along with provisions for parliamentary oversight and audit, as has been done in all democracies, including USA, UK, Canada, Australia, New Zealand etc. As it stands, for all practical proposes these agencies are a law unto themselves, since their very existence is not formally recognised. One only has to read the books by MK Dhar, B. Raman, Sankaran Nair etc to realise that they are used by the party in power for everything under the sun, including illegal tapping of telephones (even the President of India, GIani Zail Singh was not spared), breaking into people’s houses (Maneka Gandhi), bribing politicians from other parties to change their loyalty and so on. B Raman and Sankaran Nair even give details of a bribe of 6 million dollars paid by the Government of India in to an Iranian called Rashidiyan, who was a friend of Ashraf Pehlavi, the sister of the Shah of Iran. The reason – to get a soft loan of 250 million dollars from Iran after the US imposed sanctions on India in the wake of the 1974 Pokharan blast. Of course, the level of corruption in the intelligence agencies is mind boggling. Some instances have been mentioned in the PIL. Let us see what happens.

There are many other interesting cases but if I do not stop, this newsletter will begin to look like a law journal. Obviously, a lot of my time and energy is spent in drafting petitions and attending hearings. For the record, in 2012 I have attended 2 hearings in the Supreme Court, 11in the High Court, 24 in the CMM’s court, 12 in court of the CBI Spl judge and 8 in the Chief Information Commission. These add up to 55, which is a little more than the numbers in previous years – 50 each in 2011 and 2010, and 42 in 2009. Now, I have to keep a diary like most lawyers do apart from marking the dates on calendar on by desk.

Another major activity that I was engaged in from 2006 onwards was the History of the Corps of Signals, Volume III, covering the period 1947-72. The book was formally released during the centenary celebrations of the Corps in February 2011 at Jabalpur. But it has still not been printed because of problems associated with clearance by the military intelligence directorate. Since September 2010, when I finished the manuscript, it has been going up and down, between three directorates – Signals, MI and MO. Initially, MI cleared the book only as a RESTRICTED publication, on the ground that the 1962, 1965 and 1971 operations had still not been declassified. We told them that the History Division of the Ministry of Defence had already written the official histories of the histories of the 1962, 1965 and 1971 wars. Though these had not been printed, they were available on the website of Bharat Rakshak. But they were still not convinced and asked us to remove all references to war diaries and official records. We did this, but they were still not happy, and sent it to MO, for their opinion. As was to be expected, MO refused to clear it. They asked us to remove the entire chapter on the 1962 war with China and all references to Mukti Bahini in 1971. This too was done and the book resubmitted, Inexplicably, MO sent it Eastern Command and 33 Corps, for comments on the Nathu la operations in 1967. These were written based on personal inputs from signal officers who were present, especially 2nd Lt (later Col) NC Gupta and Maj (later Lt Gen) SRR Aiyengar, the ‘sparrows’ of the 112 and 63 brigades. Incidentally I was also serving in the unit at that time, in Gangtok. Not many pop-le know that NC Gupta was recommended for an MVC for the op, but was finally given a Sena Medal, because his citation had details of infantry units vacating their posts. The manuscript has recently been returned, with the remarks that the version given does not tally with official records. So now we are back to square one. 

An interesting event that I was part of is the Jaipur Literature festival. Fed up by the attitude of the MOD and the Service HQ, I requested the USI to sponsor a discussion on the issue de-classification of military records. With the approval of the Director USI, I contacted Namita Gokhale, who is a co-director of the event and arranged a meeting between a delegation from the USI and the organisers of the event – Namita Gokhale and Sheuli Sethi. They agreed to give us a slot. For the first time ever, the subject was discussed during the Jaipur Literature Festival (JLF) in January 2012. In the session titled 'Indian Military History: The Missing Links', the discussants were Shri Chandrashekhar Dasgupta, IFS, Squadron Leader RTS Chhina, Shri Anit Mukherjee and yours truly. The session was moderated by Manoj Joshi, the current comment editor of Mail Today. Many people, including the organisers, were skeptical about the interest and response that a mundane subject like military history would elicit from the audience. One can imagine their surprise when it was found that the Durbar Hall had been filled up even before the session started. The audience comprised not only retired defence officers, but many young people, from school or college.

Another area of concern is the problems connected with my health. Last year, I had to undergo nine months of ATT after it was discovered that one my ribs had been partially eaten away by tuberculosis. The course finished in February this year. Apart from the nausea caused by the medicines, I had to suffer total abstinence and remained a teetotaller. Soon after return from our holiday in Europe in September last year, I had some loss of vision in my right eye. Tests revealed that I had suffered a haemorrhage in my retina. I was given a Lucentis injection, followed by a second one after 4 weeks followed by laser scatter after another 4 weeks. After this, I was given a Macugen injection, followed by three doses of Avastin at intervals of 6-8 weeks. The last Avastin injection, given in April 2012 resulted in loss of eye sight in that eye. Surprisingly, this happened to eight persons, mostly veterans, who were given the injections that day. There was uproar, and I had to undergo an operation called PPV (Pars Plana Vitrectomy) after two days. I had to go to hospital almost every week for a check up. Things improved only after I was given steroids. Now, the swelling has almost gone and the vision is back, but not completely. Vertical lines appear bent or broken and objects in the middle appear to be smaller than the ones on the periphery of the eye.

I had written to many of you regarding the incident in April, when I was drugged and robbed in the train, while travelling from Delhi to Sultanpur in UP. Along with me, another senior citizen travelling with me on the opposite lower berth was also targeted. I later came to know that such incidents are quite common, especially in AC 2 compartments. The railways have earmarked four lower births in each coach which are allotted only to senior citizens. There are gangs comprising two people, who keep a track of the persons to whom these births are allotted. On the last day, they book two Tatkal tickets and get the upper births above them allotted, in collusion with the railway staff. This enables them to spend some time with the senior citizens, and run small errands, such as getting water, tea etc form the platform. Once they gain their confidence, they usually drug their water, tea or food. The drug is carried below the fingernails, and all that one has to do is to dip the finger in the cup or glass, when the person is looking away or has gone to the toilet. Of course, I lodged an FIR and the Police did carry out an investigation. As expected, the IDs submitted by the two boys when making the reservations turned out to be fake. I had also given the IMEI numbers of the phones t the police. These were not used, at least for several months after the event, so the guys were obviously professionals. Details of the incident have been posted separately on my blog http://veekaysnewsletter.blogspot.com.

This year we had two sojourns in the hills, both in Himachal. In June we went to Dharamshala and Dalhousie for a week. Because of my imperfect eye, I decided not to drive and hired a driver. Shortly after we started climbing the hills ahead of Chandigarh, We found that he was dozing off. After a few narrow escapes, I had to take the wheel myself and drive up to Dharamshala. For the next two days I drove myself until my nephew, who is posted in 10 Guards arranged another driver from Pathankot. This guy turned out to be excellent, and took us to Dalhousie and later drove us back to Delhi.

In October, we made a 10-day trip to Manali. There were 14 of us in three cars – an Innova, a Captiva and a Skoda. We stayed in the Mountaineering Institute, which has excellent rooms and lots of parking space. We wanted to do some adventure activities and the Director of the Institute, Captain Salhuria (he is the brother of Captain Salaria, who was awarded the PVC) detailed a young lady to advise us. She was Dicky Dolma, who met us next morning. After she left, my granddaughter told me that her photo was in their school text books – she had climbed Everest. Naturally, the kids all wanted a photo and autograph, and Dicky obliged. She told me she was selected for the Everest expedition by Colonel Amit Roy, our veteran mountaineers from Signals. The Manali trip was wonderful. The younger ones did a lot of trekking, para gliding, and river rafting. We went up to Rohtang where there was some snow. I had driven over this route during the Himalayan Rally in the early eighties, and the kids were very keen to see the entire stretch beyond Rohtang up to Keylong. But we had to turn back after about 20 Km as the road was bad. For some strange reason, taxis from other states are not allowed to go to Rohtang and private cars need a permit from the SDM. We went on a Sunday but the CO of the Border Roads task Force, whose office is right next to the Mountaineering Institute, used his clout and got us the permits.

We are still staying in Gurgaon, in Palam Vihar. My son Abhimanyu, his wife Jasmine and their two children, Bhuvanyu (10) and Khushi (8) live on the first floor. They go to Sun City School. My daughter Mauravi has moved from Ikon Tower opposite the DLF Golf Course to Hextex Commune a short distance away. Her two daughters, Mriggya (10) and Eshaana (8) go to the American Excelsior School which is located nearby. Her hubby, Vaibhav, whom is in the merchant navy, is presently sailing. Mauravi and her children usually come over to Palam Vihar on Friday evening and go back on Sunday. My wife’s nephew, Ajay lives just behind us in G-60 with his wife and two children. So the weekends are far from quiet. During winter, all of us normally go out for a picnic on Sundays to one of the gardens or monuments in Delhi.  The Outlook Traveller guide to Delhi and NCR is often consulted before selecting a destination for the weekend.
This year too, I have added some names to the list of addressees. Those who wish to read my previous newsletters can do so by logging on to on my blog http://veekaysnewsletter.blogspot.com.

Wishing all of you a Merry Christmas and a Very Happy and Prosperous New Year.

Vinay and Kumud Singh 
G-31, Palam Vihar, Gurgaon – 122017
Tele: 0124- 4074077, 9873494521, 9899110913
25th December 2010


 At Khajjar, near Dalhousie- 30th June 2012

A HARROWING EXPERIENCE - DRUGGED AND ROBBED IN THE TRAIN
            It seems my run of bad luck is never going to end. This is an update of the recent traumatic event that has left me devastated.
On 9/4/2012 I boarded the Farakka express at Old Delhi railway station at about 10 pm. I was going to Sultanpur (UP) to look up my mother. I was on berth No 9 in the AC 2 Tier coach. Opposite me, on berth No 7 was another citizen, Mr. Punia, who lives in Panchkula. The upper berths were occupied by two young men in their twenties, whose names were Arif and Aslam. Except me, all were booked for Patna.
When we arrived at Lucknow next morning at about 8 am, I went outside and had a cup of tea. I then had my breakfast which I had carried from home. When I came back from the wash room after washing my hands, I found that the two young men had brought four cups of tea, out of which they offered two to Mr Punia and me. Immediately after having a few sips, I lost consciousness, and so apparently did Mr Punia. (Later, I came to know that the he had earlier asked the boys to buy a bottle of water for him from the platform. He recalls that when they gave him the bottle the cap was unscrewed).
After three hours, my brother and his son, who had come to receive me at Sultanpur, found me unconscious. Initially they thought that I was asleep, but were alarmed when they found me groggy and incoherent. They immediately got a wheel chair and off loaded me from the train. When they found that the passenger on the opposite berth was also unconscious, they offloaded him also, on a stretcher. Meanwhile, they had also informed the Police and Railway authorities, since they were not sure if Mr Punia was dead or alive. The train was held up for an hour or so and some local news reporters also arrived. Of course, the upper berths were vacant, the boys having left. They took away my two cell phones and my wallet which had three debit cards, two credit cards and my driving licence, apart from some cash. They left my DSOI, ECHS, canteen and golf club cards. As for Mr Punia, we later found that they had taken his bag which had a large amount of cash. They left all our clothes and a folder belonging to Mr Punia which had some legal papers with his address.
Both of us were admitted to the nearest hospital and put on drips. When I regained consciousness after about 24 hours, I gave statements to the Police who registered an FIR.  My brother had informed Mr. Punia’s son in Panchkula, who reached Sultanpur next day, and took his father home. Surprisingly, neither the conductor nor the attendant discovered that two of us on the lower berths were unconscious. Neither did they notice that the two boys had left the compartment. I presume they had not checked their IDs when they had boarded the train – at least they did not check mine.
I wonder what would have happened to us if my brother had not off loaded us at Sultanpur, after about three hours. If Mr Punia had not been off loaded, he would have remained in the same state at least till Patna, a good 12 hours later. There are various possibilities that come to mind. Perhaps the two boys had purposely booked their berths above the berths which are earmarked for senior citizens, knowing that they are easy targets. Maybe they had come to know that Mr Punia was carrying a large amount of cash, and had been tailing him from Panchkula. If they got their berths at the last moment, this could only be with the connivance of the railway staff.
It is the third possibility that has me most worried. Could it have been done by the dirty tricks department of my old organisation (RAW)? One may ask, why now, almost five years after they got after me for exposing corruption in the set up. Well, after failing to get any favourable response from the CVC and the CBI, to whom I reported these incidents, I had filed a complaint with the Chief Metropolitan Magistrate (CMM) in 2009, under Cr.P.C.156 (3), asking him to issue directions to the CBI to register an FIR and investigate the complaints. After three years, the complaint was recently transferred to the District Judge who had transferred it to the Spl Judge CBI. It was heard on 16/3/2012 and the CBI could give no satisfactory answer for their inaction except that they had written to RAW in 2008 and were waiting for a response! The Judge was naturally not amused and adjourned the case for 16/4/2012, asking them to file a status report. (Incidentally, they could not give any satisfactory answer on 16/4/2012 also, and the case has now been adjourned to 2/5/2012). With the heat now being tuned on them, it is understandable that some people in RAW would be feeling hot under the collar. Was the drugging and theft a veiled warning, or could it be something more sinister? With the increasing number of whistle blowers paying the price with their lives, nothing is beyond imagination. Shortly after this, during a hearing, the CBI Spl Judge asked me if I had come alone. When I answered in the affirmative, he said that he had a hunch that some people were keeping me under watch. He advised me not to come alone in future. The CBI counsel and the IO wee present, along with someone from RAW, incognito. Later during the month, when I met the Director CBI in his office, with a request to expedite the case filed against me, I brought this to his notice.
 Apart form lodging an FIR, I had written a DO letter to the ADG railway Police in Lucknow. After about two months, a sub inspector came to Delhi to investigate the case. He interacted with the Police and the railway authorities. The addresses and IDs given by the two boys when booking their tickets were found to be fictitious. The booking clerk who had done the booking said that he was not able to distinguish between a forged ID and a genuine one. I had given the IMEI numbers of my two mobile phones to the Police. They kept track of it for some time. After a few months when i checked, I was told that the phones have not been used.
I later came to know that such incidents are quite common, especially in AC 2 compartments. The railways have earmarked four lower births in each coach which are allotted only to senior citizens. There are gangs comprising two people, who keep a track of the persons to whom these births are allotted. On the last day, they book two Tatkal tickets and get the upper births above them allotted, in collusion with the railway staff. This enables them to spend some time with the senior citizens, and run small errands, such as getting water, tea etc form the platform. Once they gain their confidence, they usually drug their water, tea or food. The drug is carried below the fingernails, and all that one has to do is to dip the finger in the cup or glass, when the person is looking away or has gone to the toilet. When travelling alone, the safest option is to travel by air or by road. If one has to travel by train, it is best to take a day train, like the Shatabdi.

Maj Gen VK Singh 

Saturday, November 24, 2012

EIGHTH BIENNIAL REUNION - 33 ADSR



The DOT ARENERS held their 8th Biennial Reunion at Hisar on 23/24 November 2012. Out of 12 ex-COs, no less than 9 were present. The only ones who were missing were RM Shukla, RK Sharma and Cariappa. Of course, there were a large number of other officers, who had served in the unit during the last 30 years. Some were accompanied by their better halves. 

Most of us reached around mid day on 23rd. After a quick lunch, some of us played a bit of golf. In the evening, there was a dinner in the Signals Officers Mess. Apart from the customary Scotch which the ex-COs had contributed, we had some champagne -  after all, it was the 30th anniversary of our raising  There was also a Reunion cake; in fact there were two. The second one was cut after midnight, since it happened to be the birthday of the unit's First Lady, Mrs Kang. 

Next morning, we had the customary group photo in front of the RHQ. We were saddened to find the comn ICV released to the unit as a war trophy missing - it had been taken away to form part of the Division's museum and archives. After going round the unit and the comn vehicles that had been laid out, we met the JCOs and OR over a cup of tea. Some people stayed for lunch while a few rushed off earlier - some had to catch a flight or a train at Delhi, or other commitments. 

I have been going to Hisar every two years for the last two decades or more. It warms the cockles of  one's heart to see how the unit whose birth one witnessed and nursed during its infancy has grown into a such a fine outfit. All credit to the COs  and officers, JCOs and OR who have carried forward the legacy of the founding fathers. The change in the environment is even more striking. From a dusty camp under tents it is now totally green with wide roads, gardens well designed buildings. 

Some photos are being separately.


Saturday, December 24, 2011

Veekays Newsletter 2009

VEEKAYS NEWSLETTER – 2009

Dear Friends,

Another year has gone. So much has happened. I am now a senior citizen, having completed 65 years in June. A few months back, I finally got the arrears of pension, a princely sum of one lakh rupees. Strangely enough, it did not give the same sense of ‘richness’ as when I got five thousand rupees arrears in 1973 or whereabouts. At that time, it was truly a windfall.

Coming to more serious stuff, the case filed against me by the CBI at the behest of RAW is still on. They filed a charge sheet in April. After that I withdrew my application for anticipatory bail that was still pending and applied for regular bail, which fortunately was granted. The case will now probably be transferred to the Sessions Court. Meanwhile, the case that I had filed a case in the High Court for quashing the FIR and charge sheet is still to be decided. Then there are many cases which I have filed in the court of the Chief Metropolitan Magistrate under CrPC 156 (3), asking that the CBI be directed to register FIRs and investigate the complaints I have made to them. One relates to the instances of corruption that I have reported to them and the CVC. There are four other applications, asking for investigation of disclosures in other books written about RAW and several articles, some of which I have used as reference material.

In addition, I have filed RTI applications with several departments, such as the Cabinet Secretariat, NSCS, MHA, Law Ministry, PIB, National Archives, CBI and the CIC itself. Since most of them refuse to give the information requested, these have now reached the CIC. Some have produced interesting results. In a case involving the NSCS, which was asked to give me copy of the GOM Report on National Security, they ‘arranged’ another hearing at short notice, about which I was not informed, and obtained an order which was favourable to them. Using the RTI route, when I asked the CIC for proof of the intimation sent to me, they could not do so. They claimed to have sent it on Fax to a couple of others (Praveen Swami of Frontline and Swati Chaturvedi of Hindustan Times who had published extracts from the Report, which NSCS says is classified). The Fax numbers were tried and found to be wrong. When I confronted the CIC, Mr Wajahat Habibullah with this, he agreed that there had been a slip up in his office. I filed for review in April, but the case has still not been heard. It probably never will, since the CIC’s staff is involved.

In another case involving corruption in RAW, I was not allowed to attend the hearing, on the ground that classified documents were being produced. The case was decided in my absence, based on submissions by a lawyer (I wonder how he was allowed to attend and not I). In response to an RTI application filed by the correspondent from Outlook, who was also not allowed to attend, the CIC informed that as per their records I had attended the hearing. They sent a photo copy of the attendance sheet, in which my name was written. The only problem was that it was not in my handwriting. It just shows that our intelligence agencies have subverted almost every organ of the government, including judicial bodies.

There is another very interesting case concerning the PIB (Press Information Bureau). They issued a press release about the GOM Report on 23 May 2001, the day it was released by LK Advani, the then Home Minister. It gives details from the chapter on intelligence which was deleted. When I asked them to tell me the name of the officer who authorised the release and the ministry or department from where they received it, they said that they have no records! I have filed complaints with the CIC and the hearings are still on.

Of course, the most interesting case relates to the AWHO. After taking over a flat in Sector 56 in Gurgaon in 2002, I measured the size of the rooms and discovered that the area was less than what was claimed by the AWHO. I had filed a complaint in State Consumer Commission in Delhi in 2003. After about four years I noticed that my case is always listed in the end and is thus never heard. A little amateur detective work revealed that the lawyer employed by the AWHO has ‘arranged’ this, through the subordinate staff. I put this in writing and gave it to the Registrar. At the next hearing, I also mentioned this to the Chairman, Justice JD Kapoor, who assured me that he would decide it in the next hearing. Using the RTI route again, I got a copy of the building plan from HUDA, which had approved the construction of the project. According to HUDA, the super area of the flat was 1269 sq ft, whereas the AWHO had been claiming that it was 1412 sq ft. Vide an order passed on 20 Jan 2009, the AWHO was asked to pay me Rs 75,000 within one month. Copies of the order were given on 18/3/2009.

As expected, the AWHO did not pay up. After a month had passed and they did not appeal in the National Commission, I filed an application for execution of the order. Suddenly in October I received a notice for a hearing to be held in January from the National Commission. I discovered that the AWHO had filed an appeal. I wondered how this was possible, since the time limit was one month. When I went through the copy of the order that had been attached to appeal by the AWHO, I discovered that the date was different from what was given in my copy. The date of issue written in hand in my copy was 18/3/2009. In the copy submitted by AWHO, it was 18/8/2009. The figure 3 had been altered to look like 8! I brought this to the notice of the Registrar, who was shocked. He promptly raised a query with the State Commission which confirmed that copies had been given to both parties on 18/3/2009. It was a clear case of forgery. It would be interesting to hear what the judges have to say when they hear the case next week.

As you can imagine, these hearings in various courts and commission keep me busy. Just for the record, in 2009 I had to attend 4 hearings in the High Court, 20 in the CMM’s court, 12 in the consumer forum/commission, and 6 in the CIC. Then there are meetings held in lawyers’ chambers. When I get some respite from the court cases I work on the Corps History, which I expect to complete by the end if not the middle of 2010. It has to be released during the Reunion in 2011. A major problem is lack of material. Even the after action reports of 1971 are not available, with the units, CSOs or DG Sigs. I found some in the most unlikely place - the Corps Museum in Jabalpur. The same goes for Liaison Notes. Nobody has anything before 1980 or so. I do not know why we are so meticulous about destroying old records. In the National Archives, I have found military records even 200 years old, including routine correspondence. I think the whole concept of destruction of records is flawed. In times bygone there may have been short of cupboards or storage space. Today, everything can be digitised. Then why destroy anything?

Of course, I have managed to get my passport back, on the condition that I obtain permission of the court if I wish to travel abroad. I am happy, but not as much as Sukesh Jain Hopefully we will be able to resume our trips abroad this year.

This summer we decided to go to a new place in the hills. There were 16 of us (10 adults and six kids) in three cars - an Innova, a Captiva and a Swift. We spent two days in Uttarkashi, four days in Raithal (it is short of Harsil, on the road to Gangotri) and one day in Rishikesh. The major activity was trekking. My youngest grandchildren, just five years old, walked 4-5 km a day without complaining. And they insisted on carrying their own small rucksacks and water bottles! At Rishikesh we did some river rafting. It was a wonderful holiday, which made us feel at least ten years younger.

We are still staying in Gurgaon, in Palam Vihar. My son Abhimanyu and his wife Jasmine stay the first floor, with their two children, Bhuvanyu (7) and Khushi (5). My daughter Mauravi has recently shifted to Ikon Tower opposite the DLF Golf Course, to be closer to the children’s school. Her two daughters, Mriggya (7) and Eshaana (5) go to the American Excelsior School which is located nearby. Her hubby, Vaibhav is in the merchant navy and is presently at sea.

The DSOI is very close to our house and Kumud and I are regulars at the Gym. The Ansal Plaza has also come up, and we go there once in a while to watch movies. Sometimes, there are just the two of us, but they sportingly run it nonetheless. It has a Reliance Fresh outlet so I don’t have to go very far to buy vegetables.

Incidentally, my latest book (it was the result of a USI project) The Contribution of the Armed Forces to the Freedom Movement in India has been published by Knowledge World. You may be surprised to know that the main reason behind the British decision to quit India in 1947 was the realization that they could no longer trust the Indian Army. And you know who was responsible for this – the Signals mutiny in Jabalpur in 1946. If anyone interested, I can send them the relevant chapters on e mail. .

Wishing all of you a Merry Christmas and a Very Happy and Prosperous New Year.


Vinay and Kumud Singh
G-31, Palam Vihar, Gurgaon – 122017
Tele: 0124- 4074077, 9873494521, 9810618599

25thDecember2009

Veekays Newsletter 2006

G-31, Palam Vihar
Tele: 0124-4074077 Gurgaon – 122017
9873494521
25th December 2006


VEEKAYS NEWSLETTER – 2006

Dear Friends,

The year 2006 is coming to an end, and we will soon be entering 2007. With the advent of the Internet, letter writing is as good as dead – in fact, the first nail in its coffin was the telephone. Not only letters, even New Year cards have become passé, which in a way is a good thing, since it saves the lives of trees! Another advantage that the Internet has is that it is free, and long-winded people don’t have to spend extra money on postage stamps. So, one can blabber and waffle to his hearts content.

We are still staying in ABHIMAUR-VIKUM, in Palam Vihar, where we moved in May 2004. My daughter, Mauravi and her family stay with us on the ground floor, while my son Abhimanyu is on the first floor, with his wife Jasmine, and their two children, Bhuvanyu and Khushi, who are 4 and 2 ½ respectively. Mauravi’s two girls - Mriggya and Eshaana – are 4 and 2 years old respectively. Mauravi gave up her job with Lufthansa about six months ago, as she wanted to spend more time with her children. Bhuvanyu and Mriggya have started going to school, and are in the same class – Nursery – in DPS, Sushant Lok. Abhimanyu is still running his company, Trinity Education Services, but has recently moved from Saket to Kalkaji, a precautionary move necessitated by the sealing drive. We lost one member of the family when Sophia, our Golden Retriever passed way. She was almost 14 years old, and her time had come. But is was a shock to everyone, and many eyes in the house remained wet for some time. Misha, the Dalmatian, is also 11 years old, and has started showing signs of age. We hope she will be with us at least for a couple of years. Red, the Irish setter, is 9 years old, but still quite active.

The second volume of the History of the Corp of Signals, covering the period 1939 to 1947, on which I had been working for the last four years was released in February 2006 during the Signals Reunion at Jabalpur. My earlier book, entitled Leadership in the Indian Army: Biographies of Twelve Soldiers, which was published 2005, is doing well – it had to be re-printed. I am now working on a USI project – The Contribution of the Armed Forces to the Freedom Movement. I hope to finish it by August 2007. Another book – I will not reveal the title now – is with the publisher and should be out in 3-4 months. Kumud keeps herself busy with the house, the grand children and the garden, especially her beautiful Bonsais and potted plants. Both of us spend a lot of time doing ‘pranayama’ and yoga, courtesy Baba Ramdev’s programmes on TV. It has helped us – my BP and sugar levels have come down, and so has Kumud’s cholesterol.

A notable event was my trip to China in October. For company I had Sukesh Jain – we have been course-mates, room-mates and co-drivers in the Himalayan Rally. (Kumud declined, and opted to spend her share of the air ticket on shopping). We were able to see Beijing and Shanghai. Due to some problems with the flights, we could not go to Xian, but spent a day visiting Zhu Jia Jao, an old water town near Shanghai. The trip changed our outlook about China.

That about sums up the events of 2006. We wish all of you a Merry Christmas and a Very Happy and Prosperous New Year.

Vinay and Kumud Singh

Tuesday, December 20, 2011

Newsletter 2011

VEEKAYS NEWSLETTER – 2011

Dear Friends,

It has been an eventful year, full of joy and sorrow. On balance, perhaps the downswings were more numerous than the upswings. But I take heart from the knowledge that in a roller coaster, the start and finish points are at the same level, irrespective of the number of times one goes up or down. This year, the Dam Busters (26the NDA Course) have been added to the list of addressees. Since some of them may not have received my previous newsletters, I will give a bit of past history, as I go along. Of course, all of you can read all the newsletters on my blog http://veekaysnewsletter.blogspot.com/.


As can be imagined, the activity that takes up much of my time, energy and finances, as it has done for the last four years, are the court cases associated with my book India’s External Intelligence – Secrets of the Research & Analysis Wing (RAW), which was published in June 2007. I wrote the book to highlight the serious lacunae that exist in our premier intelligence agency, such as corruption, indiscipline, malfeasance and lack of leadership. For ‘blowing the whistle’, I was charged with revealing ‘secret’ information in my book, and the CBI promptly slapped a case under the Official Secrets Act against me. Though I was never arrested, officially I am on bail and the case is yet to start. There are a slew of associated cases in the High Court and lower courts, including many filed by me, requesting for similar action against the authors of books and articles that I have used as reference material for my book. Just for the record, during 2011 there were 39 hearings in the court of the Chief Metropolitan Magistrate, 8 in the High Court and three in the Information Commission. I cannot even hazard a guess when it will all end. Though I have not been found guilty, and God willing, will never be, the punishment has already started. Rajiv Dhawan, a senior supreme court lawyer, summed it up very succinctly in his piece titled Stop the Prosecution of Maj Gen VK Singh in the Mail Today of April 19, 2008, when he wrote:“Major General Singh will find out that the process is the punishment. He will spend the rest of his life and his savings to fight the criminal case. ... Singh will be punished by the process even if he wins his case.” Dhawan was right on both counts - I am not very far from the end of my life and almost near the end my savings.
Incidentally, the instances of corruption pointed out in the book have also been officially reported to the CVC and the CBI. Both have not even held an enquiry or investigation, let alone initiate prosecution. It just shows the clout RAW has in the corridors of power. Can there be a stronger argument for putting the CBI under the Lokpal?
The other major activity that took up a lot of my time was the History of the Corps of Signals, Volume III, covering the period 1947-72. The book was formally released during the centenary celebrations of the Corps in February at Jabalpur. But it has still not been printed because of problems associated with clearance by the military intelligence directorate. I had finished the manuscript in September 2010. Since then, it is going up and down, between three directorates – Signals, MI and MO. Initially, MI cleared the book only as a RESTRICTED publication, on the ground that the 1962, 1965 and 1971 operations had still not been declassified. We told them that the History Division of the Ministry of Defence had already written the official histories of the histories of the 1962, 1965 and 1971 wars. Though these had not been printed, they were available on the website of Bharat Rakshak. But they were still not convinced and asked us to remove all references to war diaries and official records. We did this, but they were still not happy, and sent it to MO, for their opinion. As was to be expected, MO refused to clear it.
Then there was an unexpected windfall. A book titled The India-Pakistan War of 1965: A History, was published by Natraj Publishers, Dehradun. Except for some cosmetic changes, the book was a verbatim reproduction of the official 1965 history produced by the History Division in 1992. The copyright was in the name of the Ministry of Defence and the first page mentions that the book has been published on behalf of the Ministry of Defence. I went across to the History Division and tried to find out how this had come about. I came to know that Boards of Officers conducted in 2005 had downgraded the war diaries pertaining to the 1962, 1965 and 1971 operations, in order to facilitate the publication of the book. Armed with this information, we again took up the matter with MI and MO. They told us that they were not aware of this development, even though the boards had members from MI as well as MO! As on date, the book has still not been cleared. If it is printed as a RESTRICTED document, no veteran can keep a copy and that includes the author. After my brush with RAW, I would not like to add MI to my list of prosecutors.

The other area of concern is the problems connected with my health. In May this year I had to spend 16 days in hospital, where I had gone to get an abscess removed on the side of my chest. It was later found that one my ribs had been eaten away. There were two likely culprits – cancer and tuberculosis. A biopsy revealed that it was the latter, and everyone heaved a sigh of relief. I was promptly put on ATT, a nine month course which will end in February. Till then, I will remain a teetotaller.

In September, I suffered a back injury on a roller coaster in Disneyland in Paris, when I tried to emulate my grand children. Fortunately, I was able to find a good orthopaedic belt which sustained me on the return flight to India. Several rounds of physiotherapy – SWD, IFT and ultra sound - did wonders and I was I was back on my feet after about four weeks. But the worst was still to come. Even while I was getting my back treated, I found some loss of vision in my right eye, in which a cataract had been removed about a year back. I went to RR Hospital, where I was told that there had a haemorrhage in my retina. I was given a Lucentis injection, followed by a second one after 4 weeks followed by laser scatter after another 4 weeks. There has not been much improvement, and I have to go back after 4-6 weeks. I had also gone to Centre for Sight and Shroff Clinic for a second opinion, and they endorsed the treatment already given. Dr Darius Shroff was quite candid - he told me that there may be some improvement, but it will not return to normal. I suspect this was also a result of the roller coaster ride.

Another tragedy that occurred was a death in the family. My wife’s nephew, Major Aditya Singh, died in Srinagar on 5th November. (His father, Colonel Jitendra Singh, who retired a few years ago, had to get his leg amputated after an operation in Apollo Hospital a few years ago). His body was brought to Delhi on 7th and the funeral held in Jaipur on 8th. He left behind a young wife and four year old son. Almost at the same time, my brother-in-law, Colonel Abhai Singh (the golfer) was diagnosed with blocks in all the arteries in his heart. He underwent bypass surgery at Escorts even as we were attending the funeral in Jaipur.

This year, we could not go on our annual sojourn to the hills. But this was more than made up by the trip to East Europe in September. There were seven of us – my wife and I, my daughter, son-in-law, their two children and my son-in-law’s mother. The countries we planned to visit were Austria, Czech Republic, Slovakia, Hungary and Poland. The duration was to be two weeks. Subsequently, Poland was dropped and Paris added to the list because the kids wanted to see Disneyland. The final itinerary was Vienna, Salzburg, Budapest, Bratislava, Prague and Paris. Naturally, the most important consideration was the cost, which we agreed should not exceed one lakh rupees per person, including all expenses such as air fare, visa fees, cost of train/coach travel, hotel expenses, food, sightseeing and local transport.

We got quotes from almost all well known travel operators in India (Thomas Cook, SOTC, Make My Trip, Carnation) and abroad (Globus, Cosmos, ITBC, WWD and Gate). In our budgeted cost, the maximum we were able to get was 7-8 days. Finally, we decided on a do-it-yourself holiday. Having already done a back packers’ trip to Europe almost 25 years back, I was sure it would work out. Of course, we were younger then, and there were no children. At the end of the trip, when we calculated the cost, we were pleasantly surprised. The expenditure per adult was Rs. 80,000 while for the children, it was around 60,000. If we had excluded Paris, perhaps it would have been even lesser.
How did we manage this? First, we stayed in Youth Hostels, instead of hotels. The International Youth Hostels Association, now known as Hostels International, has hostels in every major city in Europe. For a family, this is the ideal option as one can get a room with 2, 3, 4, 5 or 6 beds. The rooms have bunk beds (the children loved it), with some having attached toilets. Breakfast is usually provided. One can become a member of Hostels International by paying just Rs 100 for a year. One can make reservations on the net, by paying just 5% of the cost by credit card, with the balance being paid on arrival. If the reservation is cancelled more than 24 hours in advance, the reservation fee is refunded. This is a boon, when one considers that travel agents rarely refund the booking amounts at short notice.
We were a party of seven, which included two children. If we could not get a room with 6 or 7 beds, we were given two rooms, one with 3 and the other with 4 beds or 2 and 5 bed respectively. The average cost was about Rs. 1000 per person per day. One cannot get a room in a hotel for this price. The other good thing about hostels is the informal atmosphere and facilities. One can use the kitchen to cook his own food or brew tea/coffee, use the washing machine to wash clothes and there is usually a bar and restaurant where the food is not expensive. The persons manning the hostels are usually students who are ever ready to give advice and tips about the city, including free sightseeing tours.
For inter-city travel, we used the rail network, using the East Europe Rail Pass, which offers 5 days of unlimited travel on the national rail networks of Austria, the Czech Republic, Hungary, Poland and Slovakia and is valid for one month from the date of first use. The cost of the pass is Rs. 10,000, with children paying half this amount. Reservation charges have to be paid in addition. However, our experience was that this is not essential, except in the holiday season. In fact, when I went to make a reservation at Budapest, the girl at the counter waved me off, telling me that it is not necessary!
Almost all cities have an excellent transport network, comprising the metro, bus, and tram. The best option is to buy a three or four day travel card, which is valid for all modes of transport. One needs to carry a map, so that one knows where exactly he has to change from one mode to the other. Of course, the HI Hostel sent us detailed instructions on how to reach the hostel from the airport, rail station or bus terminus.
One area where one can save a lot of money is the airfare, which varies from day to day. Sometimes, an open jaw ticket costs less than a return ticket. This is exactly what we did –we flew to Vienna by Royal Jordanian and returned from Paris, using the same airline.
Naturally, sightseeing was the whole purpose of the trip. Almost every city has free walking tours, which last 2-3 hours. These are usually conducted 2 or 3 times a day, starting from the city centre or a prominent landmark. The guides are normally students, who volunteer for the work to earn some extra money. The tours are free, but the guides do not mind a small tip. Another option is the hop on hop off bus. These have a fixed fare, and stop at major tourist spots. One can get on and off anywhere and at any time. We found conducted tours by coach not only expensive, but the buses could not enter the narrow streets of the old town, where the best monuments were located.
Another important event was the Dam Busters’ Golden Jubilee Reunion, at Khadakvasla, from 5 - 7 December. (The 26th NDA course, to which I belong, joined the NDA on 12th July 1961, the day the Khadakvasla dam broke, flooding large parts of Poona. Ever since, our course is known as the dam busters). There were almost 150 of us at the Reunion, including about 60 spouses. Preparations had begun more than a year earlier, and everything went off like clockwork. My job was to make the brochure, which I accepted in a moment of weakness. I later realised that it took up a lot of my time, which I could ill afford, keeping in mind my legal and medical problems. Just before I left for Poona I had another scare- there was a sudden pain in my chest. A visit to the nearest hospital revealed some aberration in my ECG, and I was advised admission. I got another ECG done in the ECHS clinic after a few hours, where the result was the same. We compared them with ECGs done several years earlier and found that the problem was not new. So I decided to go ahead with the trip to Poona. On my return I consulted a cardiologist who did a stress echo test, before clearing me. I still have not been able to find out the reason for the pain, which lasted for 4-5 days.

We are still staying in Gurgaon, in Palam Vihar. My son Abhimanyu, his wife Jasmine and their two children, Bhuvanyu (9) and Khushi (7) live on the first floor. They have shifted from DPS to Sun City School. My daughter Mauravi has shifted from Ikon Tower to Hextex Commune. Her two daughters, Mriggya (9) and Eshaana (7) go to the American Excelsior School which is located nearby. Her hubby, Vaibhav is in the merchant navy and is presently sailing. Mauravi and the kids usually come over to Palam Vihar on Friday evening after the children return from school. With the onset of winter, we have resumed the practice of Sunday family outings. This month, we visited Jantar Mantar, Lotus Temple, the Rose Garden and the Deer Park.

There is little change in our routine. I go to the gym in the DSOI, which is a stone’s throw from my house, at 0645, returning at 0730 or so. Kumud goes at 0830 and returns only when the gym closes at 1000. By this time I have gone through my newspapers, had my bath and my breakfast and am ready to leave for Signals Enclave, where the Corps History Cell is located or to the hospital or on some other errand. On the days I have a court hearing, I have to give the gym a miss. The Ansal Plaza is next door and Kumud religiously watches every movie that is released, irrespective of the star grading. After Mauravi moved out, we had two rooms to spare, and have begun to let them out to working girls as paying guests. It keeps Kumud occupied and gives her some company, especially when I am not at home.

I think I must end this here before all of you doze off. I can almost hear some of you stifling a yawn. I am sorry for the long letter, but there are some things which one must get off one’s chest.

Wishing all of you a Merry Christmas and a Very Happy and Prosperous New Year.

Vinay and Kumud Singh
G-31, Palam Vihar, Gurgaon – 122017
Tele: 0124- 4074077, 9873494521, 9810618599, 9899110913
20th December 2011