It has been observed that judiciary in India can be hoodwinked by any miscreant if he or she has an evil intention to do so without any fear for the law. To misguide, distract, divert, sabotage, subvert, derail and thwart the administration of justice, a State Bank of Hyderabad Official has filed SWORN Affidavits in Tis Hazari Court( Delhi), Andhra Pradesh (Hyderabad) and Delhi High Courts stating therein that the loans given to him from the VRS benefits of the undersigned by means of cheques were not received despite the fact that the concerned banks have given documentary evidence and certified that the money was received by him. The fact of the matter is that the cheques were actually encashed by him which were sent for collection and credited to his S.B. Account maintained at the Kavadiguda Branch of State Bank of Hyderabad, Hyderabad but flatly denied of having received the amount(s). Besides, his Affidavits contained fabricated, concocted and woven stories full of lies which could not stand judicial scrutiny.
Furthermore, the Bank Official in question by misleading and misguiding has also obtained "STAYS" of Decree (issued by Tis Hazari Court in Delhi to the Petitioner treating the Respondent's written statement as false) i.e. execution proceedings from both A.P. and Delhi High Courts in the same matter. It is a strange irony that both "Stays" in the same case have remained in force at the same time making a mockery of judicial system in the country. Even a layman in legal affairs consider this as a grave offence and impropriety of the highest order. It is difficult to reconcile as to how the Delhi High Court has ignored/unnoticed/overlooked the mischief played by the Respondent in the case and treated him leniently. When the mischief of the Respondent was exposed before Delhi High Court, he made a sudden volte-face and pleaded for a compromise. Instead of awarding deterrent punishment to the respondent for filing false affidavits and for wasting the precious time of the courts which were already choked with piled- up cases, Delhi Court has accepted his compromise and gagged the voice of the aggrieved and warned that if a compromise is not reached, the case would linger on for a minimum period of 7 years (Case No.R.F.A.19/2001). Added to the woes of the aggrieved (who is a permanent resident of Delhi) was asked to go all the way to Hyderabad to collect Rs.One Lakh (A part of the decreed amount deposited by the respondent in the City Civil Courts, Hyderabad). The decree holder had faced untold problems to collect this amount from City Civil Courts, Hyderabad due to rampant corruption) and when his travails have been reported by a leading Telugu Daily Newspaper "VAARTHA", the cheque finally could be issued to him after an abnormal delay.
The SBH Official in question has tampered/lowered his Date of Birth by 9 years and mentioned incorrect age in the Affidavits submitted under oath. Subsequently, it came to light that he has crossed the upper age limit when he joined the SBH. When he was unsuccessful in his repeated attempts in A.P. Board Exams., he had produced Pass Certificate from M.P. Board with altered D.O.B. The Bank has stonewalled the investigation giving an impression that the fraud has been committed in league/cahoots with the topbrass of the Bank. Complaints made in this regard to the Central Crime Station, Hyderabad (CC No.33/2001), Police Commissioner of Hyderabad, CBI, RBI have been swept under the carpet. Rashtrapathi Bhavan has also acted like a Head Post Office and simply forwarded the complaint to the Min. of Finance (Banking Division) and no follow-up action was taken. Eventually, he was given VRS with full benefits (After all it is Tax Payers' money). Orders issued by the Supercop Mrs Kiran Bedi, IPS for a thorough probe were also brushed aside.
The aggrieved in his determined effort to uphold the dignity and honour of the judiciary and to bring the fraudster to justice has filed an SLP(C) in the Supreme Court of India which came up for hearing on 25-01-2007 and the same has been
dismissed citing delay and compromise as the reasons. In his Petition the aggrieved has clearly stated that he was not seeking any additional monetary relief as he was bound by the settlement made by the Delhi High Court. Condonation for delay was sought due to the extreme depression caused by the verdict of Delhi High Court and the massive heart attack suffered by the petitioner due to the raw deal resulting in heart surgery. The Delhi High Court has not awarded the heavy legal expenses incurred by the undersigned in Tis Hazari, Delhi, A.P. and Delhi High Courts and also the Decree Execution Court in Hyderabad and it has not even paid the court fee. The undersigned has spent almost Rs.1,50,000/- to recover a loan of an equal amount shuttling between Delhi and Hyderabad.
It is noteworthy to mention here that in case of Zahira Sheiak of the infamous Best Bakery carnage of Ahmedabad, the Apex Court has imposed a hefty penalty and jail sentence to her for perjury and it is not understood as to how the Apex Court did not come heavily in the present case on a person who has taken two High Courts of the land for a bumpy ride to derail the due process of justice.
The undersigned is a Sr. Citizen and retired from a Govt. of India Undertaking with no pension or even medical facility and could not afford to engage a competent lawyer and therefore filed the case as a Petitioner-in-Person. This may not be treated as a personal vendetta or a vilification campaign. He has no property or any other dispute with the tormentor except to establish the rule of law as a crusader for justice and to carry the fight against corruption/white collar crimes and other malpractices plaguing the society.
Surcharged with peoples' emotions, the Print and Electronic Media have recently taken up the cases of Jessica Lal, Priyadarshini Mattoo, Nitish Katara and Prof. Sabharwal of Ujjian for restoration of justice. It is my fervent hope that this case also should be highlighted by the media so that the dignity and honour of judiciary are upheld.
S.S. Rao
E-mail: samsrirao@rediff.com
Tel.Nos.91-11-27948179 91-11-9312267393 (M)
Wednesday, February 21, 2007
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