Tuesday, July 13, 2010

Administrative egotism and mischief must cease

Administrative egotism and mischief must cease

Navdeep Singh

The National Litigation Policy recently unveiled by the Law Minister would have special significance for the defence services in general and disabled veterans in particular. The policy ordains that frivolous appeals would not be filed by government departments and that appeals from orders of Tribunals shall be an exception rather than the rule. The policy also directs that false and misleading pleas or technical points shall not be espoused before judicial fora.

Since the last few years, veterans have been at the receiving end of paper violence perpetrated by legal pundits of the government, who, guided by a strange spirit of sadism, exhaust every single game in the book to ensure that disability benefits do not reach the beneficiaries even when directed by higher judiciary. To begin with, medical authorities indulge in ‘literal’ interpretation of rules rather than ‘liberal’ thereby denying disability benefits to disabled soldiers. They forget the ‘spirit’ while clinging to the ‘letter’. When there is a judicial pronouncement granting disability pension, appeals and reviews are filed as a matter of routine even in cases fully covered by earlier decisions of the Hon’ble Supreme Court and High Courts. It is not the higher echelons of governance or the services headquarters which are to blame but the swarm of section officers, under secretaries and deputy secretaries who rule the roost. Yes, the lower level bureaucracy with its caustic file-notings unfortunately runs the government. The idea is simple, even if there is a verdict in favour of a disabled veteran, file an appeal, take a chance, and maybe the verdict would be overruled because it is well known that our jawans cannot afford proper legal aid up till the Hon’ble Apex Court.

That the new policy has specially mentioned ‘false’ and ‘misleading’ pleas goes to show that the Minister is aware of the malaise that has set in. Appeals are filed not out of legal necessity but because of administrative egotism – ‘How could a petty employee win a case against the mighty officialdom ?’. Then comes the ‘hook’ or ‘crook’ stage wherein dubious pleas are presented before Hon’ble Courts with departments even misguiding their own counsel into presenting incorrect pleadings, which if not rebutted by a well acquainted legal brain, end in pronouncements which can hardly be termed well-rounded. The presence of these two words - ‘false’ and ‘misleading’ in the policy reminds me of some specific cases with special reference to disabled soldiers. In Secretary MoD Vs Ajit Singh case (2009), the statement of the defence ministry is on record wherein it has been stated that disability pension was not released to the veteran since he did not have the minimum required service of 10 years to his credit. Needless to say, in reality, there is no minimum service requirement for disability pension and even a recruit is entitled to the same. In the recent case of Karan Singh Vs UOI (2010) before the Jaipur AFT, it was espoused by the central government that it is the Army alone that provides disability pension to its employees. However truth is that civilian employees are also entitled to exactly the same benefits since 1939. In PK Kapur Vs UoI (2007) the government went hammer and tongs proclaiming how it had the right to fix a cut-off date for grant of certain enhanced disability benefits which had been refused to pre-1996 defence retirees. The case went in favour of the government since the Court was never informed that the said benefits through the same master notification had already been extended to similarly placed pre-1996 civilian retirees as back as in 2001. The Petitioner could not rebut the falsehood since he could not afford a lawyer.

It is not that mischievous elements are playing around only with the pious institution of judiciary, the higher strata of governance is also not left untouched. In an official speech last month obviously prepared by a similarly inclined officer, the Defence Minster was made to ‘announce’ with pride that the government had introduced an additional amount of Rs 3000 as constant attendance allowance for disabled soldiers keeping in view the ‘valour and sacrifices of army personnel’. So far so good, but the humble Minister was not in the knowledge that firstly, constant attendance allowance is applicable to civilian employees too and hence has nothing to do with ‘valour and sacrifices’, secondly it is a concept in force since times immemorial and is nothing new and even its enhancement is old news which was announced in March 2008 by the sixth pay commission, thirdly it is not applicable to all disabled personnel but only to 100% disabled retirees. In the past two years there have been other instances where the political executive and the top brass have been misled into announcing beneficial ‘policy decisions’ by hiding from them the fact that the same had actually been necessitated due to Supreme Court verdicts.

When the top block itself is victim of tomfoolery emanating from the bottom, what can the poor soldier expect ?

Monday, July 5, 2010



DEFENCE: India Today



Soldiers of Misfortune

Sandeep

Unnithan

In the Kargil War of 1999, the battle for

Tololing will be remembered for its sheer ferocity and for delivering the Indian Army one of its most important victories.

Havildar Digendra Kumar, a burly

commando from the Rajputana Regiment and part of a 10-man team led by Major Vivek Gupta, climbed the 15,000-ft-high

feature and engaged in furious close-quarter

combat with soldiers of the Pakistani Northern Light

Infantry on June 12.

Digendra Kumar (41)

DigendraRANK: Havildar

INJURY: Sustained five gunshot wounds in the assault on Tololing during the 1999 Kargil War. The only survivor of the 2 Rajputana Rifles assault team. Decorated with Maha Vir Chakra, the second highest gallantry award.
STATUS: Retired from the army with no disability pension. Did not receive any benefits given to Kargil heroes. Filed petition in the Armed Forces Tribunal which decided in his favour. Has not received pension even three months after the verdict.

At dawn, Digendra, his body riddled with five bullets, was the sole survivor of the assault team th

at had conquered the icy heights. He was decorated with a Maha Vir Chakra, the nation's second highest gallantry award. Nearly 12 years later, Digendra's battle is still on. With the government.

He was denied a disability pension by the army on the

grounds that he had voluntarily retired in 2005. Digendra didn't get any of the benefits given to other Kargil war heroes, again because he was not given a disability

pension.

In March, the Jaipur bench of the Armed Forces Tribunal recommended that he should be given a disability pension, but even after three

months, he is yet to hear from the Principal Controller of Defence Accounts (Pensions) (PCDA), the ultimate authority that disburses pensions. "It hurts when you get nothing for fighting

for your motherland, but what can one do? I will get my pension when the Government decides," says Digendra, visibly resigned to a long wait.

There are hundreds of soldiers like him, who may not be as heavily decorated but have similar stories to tell. For them, it is the endless rounds of dusty government

offices, courtrooms or poignant attempts at drawing attention to their cause-veterans like Captain Chanan

Singh Sidhu, who lost his right arm in 1970, burnt their medals and prosthetic limbs at India Gate three years ago.

Reet Mahendra Paul Singh (67)

ReetRANK: Captain
INJURY: Lost right eye while leading an armoured assault on Pakistani positions in 1965 Indo-Pak War when he was hit by shell splinters.
STATUS: He retired after five years of service in 1969 but the army took only one year of service into account while calculating his disability pension. Filed a petition in 1996 in the Punjab & Haryana High Court and struggled for 14 years. This month an armed forces tribunal ruled in his favour, revising his pension from Rs 14,819 to Rs 22,000.

"It is sad. At one

stage, nearly 80 per cent of military cases before the courts were on account of disability pension," says General V.P. Malik (retired). Of the 7,995 army-related cases pending before the Supreme Court and various high courts, 3,531 petitions, or nearly 44 per cent, were pension related. Most of these cases have now been transferred to the Armed Forces


Tribunals (AFT) set up in 2009 to decide military disputes. An AFT member says

over half the pension-related cases were about disability pension, the issue of whether or not a certain injury was caused by military

service.

To start with, the

soldiers have to plead their case, an insult to heroes. Typically, babudom has created a maze of clearances. Disability is defined

by doctors, army officers and accountants, who then determine the quantum of disability pension. Bullet

injuries are not difficult to cite, but other ailments like hypertension, which

could be a result of numerous postings, have to be argued. All of which consume time and effort and result in trauma.

The percentage of the disability and whether it is attributable to or aggravated by service is assessed by

Invaliding or Release Medical Boards

(IMBs/RMBs) which examine retiring soldiers before their discharge.

The boards' conclusions are sent to the PCDA

(Pensions) based in Allahabad, which eventually disburses the pension. This is where the anomalies set in. Often soldiers are improperly assessed by the medical boards or administrative and accounts authoriti

es.

Terming Havildar

Mohar Singh's injuries as constitutional in nature, the PCDA

rejected his claim for grant of disability pension.


Disabled and totally dependent on his family members after being involved in a road accident in Arunachal Pradesh eight years ago, Mohar was brought into court on a stretcher. The shocked AFT bench not only restored his disability pension but also levied a Rs 1-lakh fine on the three members of an armed forces board that had declared him ineligible for disability pension. The problem?

V.P."It is sad. At one stage, nearly 80 per cent of military cases before the courts were on account of disability pension."
General V.P. Malik, (Retd)

"Rules are

interpreted in a restrictive and literal manner rather than a liberal and beneficial manner as indicated by those very rules," says Navdeep Singh, a Chandigarh-based lawyer and defence counsel in several such cases.

In 2005, to make the system more responsive towards the disabled soldiers, the medical boards, and not the PCDA, were given the final say in deciding injuries. Veterans say the move merely replaced the bureaucracy of the PCDA with that of the Defence Ministry and the army. They also argue that there is a different set of rules when it comes to such cases of senior officers.

Last year, 13 officers of the rank of major-general and above applied for and received disability pension. "Senior officers manipulate the system to get disability pension while officers like me are sent out because we cannot continue to serve because of injuries," says Captain M.P. Singh

.

Mohar Singh (45)

Mohar

RANK: Havildar
INJURY: Sustained wounds in an army truck accident in Arunachal Pradesh in 2002. Diagnosed with motor neuron disorder, given disability pension and discharged.
STATUS: Completely dependent on his family for even the smallest of chores. An Appeal Medical Board in 2007 declared his condition not a result of military service which meant he would not get disability pension. Filed writ petition before high court. Last month, an armed forces medical tribunal ruled in his favour and levied a fine of Rs 1 lakh on officers of the medical board.

Those who fight with spirit have to learn to live with the letter of the law. Even when the high court grants veterans their disability pensions, the government challenges the cases in the Supreme Court, prolonging the agony of the litigants.

Captain Sidhu, for instance, won the case in the Punjab and Haryana High Court but had to fight it all the way up to the Supreme Court when the Government challenged the verdict. Dismissing the appeal in April, the Supreme Court bench comprising Justices Markandeya Katju and A.K. Patnaik asked the government to stop treating veterans like beggars when it came to their pensions and emoluments.

"If this is the manner in which the army personnel are treated, it can only be said that it is extremely unfortunate. The army personnel are bravely defending the country, even at the cost of their lives and we feel that they should be treated in a better and more humane manner by governmental authorities, particularly, in respect of their emoluments, pension and other benefits," the bench said.

Strangely, these sentiments are not shared by army authorities or by the ministry. "The military is going as per the policy laid down in the Army Act. We feel that the procedure is absolutely right," says a senior army official.

The establishment of the AFT with a principal bench in Delhi and benches in various other cities has come as a relief in many such cases. Yet a slow-grinding system does not keep pace with the rapid relief offered by the AFT. Several litigants like Digendra are yet to see their pension settlements even after the three-month delivery period laid down in their judgements.

"It is like adding insult to injury," says Colonel S.B. Singh (retired) a Jaipur-based lawyer for Digendra and Mohar. Several other veterans in the Punjab and Haryana AFT have not received their pensions even a year after the judgements. The Defence Ministry does not adhere to the time-frame prescribed by the courts unless contempt petitions are filed," says Navdeep.

Speedy justice, it seems, is a far cry in the Defence Ministry.

http://indiatoday.intoday.in/site/Story/103039/soldiers-of-misfortune.html?page=0

Unfair to military personnel: They Must Get their Due


Unfair to military personnel: They must get their due

by Lt-Gen Vijay Oberoi (retd)

The Tribune, 5 Jul 10


GOVERNMENTS, they say, are impersonal and yet a democracy is a government of the people, by the people and for the people. We take pride in saying that we are the world’s largest democracy. Yet, the people’s voice is largely not heard because the political leadership and the bureaucrats who advise them are so bound by rules and regulations (of their own making unfortunately) that unless they are nudged, nay shoved violently, it is difficult to change their somnambulant state.

Unfortunately, the military fraternity of both serving and retired categories seems to be experiencing the brunt of it, especially since early 2008, when the continuing and tragic saga of the Sixth Pay Commission commenced. While the commission has been hogging the headlines, there are many other important issues that also need to be highlighted so that the people, who after all are supposedly the real rulers of the country, are aware of them.

This piece is about a few inter-linked yet vastly different issues that are making military personnel very angry and justifiably so. The first is the case of the “rank pay”, where despite an elaborate and clear ruling by the Supreme Court, the authorities, ill advised by the bureaucracy, have filed another appeal! This is a farce of monumental proportions being played against a large number of affected military officers. As a case of bureaucratic pusillanimity and procrastination, this does take the cake. Let me briefly narrate the essentials.

In 1986, the recommendations of the Fourth Pay Commission included the grant of “rank pay” to all defence officers of the rank up to brigadier and equivalent. However, while implementing the same, equivalent amounts were reduced from the pay, by an omission or by design (both perceptions exist)! No military person noticed this at that time. This may be hard to believe but the prevailing culture at that time was that most military personnel were fairly blasé about their pay and allowances.

It was in fact considered infra dig to get in to mundane issues like entitlements, as it was a firm belief that the authorities will always look after one’s interests. It is now clear that we were really naive. The authorities in the corridors of South and North Blocks, however, had little time for such niceties! Having learnt bitter lessons after the Sixth Pay Commission, the military has now become wiser, but at the huge cost of losing confidence, trust and fair play in the government (read bureaucracy).

Reverting to the “rank pay” case, the issue came to light only when retired Major
Dhannapalan discovered it, approached the Kerala High Court for redress and fought it with the unrelenting Ministry of Defence (MoD) in both the High Court and the Supreme Court, till he won the case in 2005, after nine years. However, while implementing the judgment, the MoD gave benefits only to the officer. The representations of a large number of similarly affected officers were ignored. This resulted in a flood of writ petitions, as the affected officers had no other option but to seek justice from the courts. Finally, despite the vehement opposition by the MoD, the Supreme Court ruled on March 8, 2010, that the benefit of the judgment must be extended to all eligible military officers and also awarded 6 per cent interest on the amount due to the officers.

While the affected officers were still doing their calculations, the empire struck back with an appeal against the ruling. Why is the MoD deliberately trying to deny justice to a large number of military officers? Is it a delaying tactic designed to cheat the military personnel and stall the implementation of the judgment, or a case of losing face or the fear of being penalised for a deliberate act of commission, or a combination of all three? Whatever be the motivation, the military personnel are livid on being denied their legitimate emoluments.

This also begs the larger question of the government being the single biggest litigant, keeping the courts busy and in the process preventing them from dispensing justice to more needy persons. I fail to understand the logic of the government contesting every order the Supreme Court has passed in favour of defence forces. It did so for umpteen years in the case of fixation of pension of Major-Generals. In the case of a disabled officer, Capt CS Sidhu, the Supreme Court was constrained to remark that the government treated its soldiers worse than beggars!

Dr V. Moily, Minister of Law and Justice, has recently announced the National Litigation Policy, which aims to reduce average pendency time from 15 years to three years. The policy emphasises that the government must cease to be a compulsive litigant. The Law Minister may keep making announcements and publishing policies, but will the stalwarts in the MoD as well as other ministries listen? In the meantime, the large numbers of affected military personnel continue to be deprived of their legitimate emoluments.

Let me now highlight the second and a more recent issue, relating to jobs for military personnel after their retirement. In 2004, the Directorate-General of Resettlement, as part of its drive for securing jobs for retired officers and soldiers, had persuaded the National Highway Authority of India (NHAI) to accept retired military personnel for running toll plazas on highways. Being disciplined and honest, they are doing a superb job and have already increased collections at the ex-servicemen-run toll plazas from the earlier 15 to 80 per cent. There are over 25,000 military veterans running NHAI-owned toll plazas, while another 10,000 provide logistical support.

Now, the Ministry of Road Transport and Highways has decided to auction all the toll plazas to the highest bidder. The motive is undoubtedly monetary, while efficient running or jobs for the needy veterans do not seem to have any place in the thinking of the government! As a sop, the NHAI has stated that the toll plazas in Jammu and Kashmir, northeastern states or other disturbed areas would continue to be kept for the military veterans sponsored by the Director-General of Resettlement. How nice, but no toll plaza exists in these areas!

While the government is keen to employ military veterans to do all the difficult fighting against the Maoists, including the highly dangerous clearance of mines and improvised explosive devices (IEDs), when it comes to giving them their dues in terms of their legitimate emoluments or jobs as part of their rehabilitation, it baulks at and panders to power and money brokers.

Is this our version of democracy?

Saturday, July 3, 2010

Justice And The Armed Forces: A Mirage

Lt Gen SK Bahri PVSM (Retd) A3/502 World Spa East

Sector 30/41

Gurgaon 122001

Tele 0124 4143180/181


14 Jun 2010


Justice And The Armed Forces: A Mirage


I am writing to you about a subject which is becoming a rather touchy one both with the Government and the defence services, including the ex servicemen. The UPA II has just finished patting itself on its back for what it has done during the past 12 months. But one area where it has faltered is the redressal of grievances of serving and retired soldiers of the three defence services.


The Services have been depended upon by the Nation for guarding it against both, external aggression and internal disorder. They have acquitted themselves well each time and have earned the respect of the nation. It is one organisation, which is looked upon in horror by the Nation if a misdemeanour by one of its members, is detected. Such aberrations not only make headlines but even the Services handle them like cancer, which need to be excised promptly.


Can any other government wing be compared with the defence services? The morning newspaper seems incomplete if there is no news about a few lapses in one of the government’s arms eg., corruption, custodial killing, crores of intelligence funds meant for fighting Maoists being siphoned off by DGPs , selling land at throwaway prices to cronies, excise duty being evaded, continued rape of a subordinate’s wife, children being molested by people who are supposed to protect them and civil servants amassing wealth beyond their known sources of income. I could not believe when the press informed us that in Burail Jail in Punjab , there is a barrack only for convicted policemen!! (The only jail where a special barrack may be reserved for Indian soldiers must be in Pakistan !!) The world organisations have recently graded our civil services as the most inefficient. But we cannot do anything about it.


The above is known to the Aam Admi, whose patience is running out. We should be prepared for the worst, as he knows what he deserves. We have created a Frankenstein in the form of the Maoist menace due to totally inadequate governance and, another monster is in the making. I guess the armed forces will be drafted once again, as they are being planned to deal with Frankenstein.


But what is the morale and thinking of the soldiers? The PM will get reassuring reports from the Service Chiefs, as they cannot say otherwise. But believe me, Mrs Gandhi, there is a feeling amongst the soldiers that while they are protecting a beautiful nation, it is being eaten away internally by termites. Will they be asked to jeopardise their lives once again to remedy a self-created problem? They feel used and are resentful. The reasons are not too far to see, if one has the intention to see.


After the 8 Mar 2010 judgement of the Supreme Court in favour of Defence Officers (who had been denied the benefit of Rank Pay in the 6th Pay Commission while fixing their emoluments), to set right a patently obvious fraud perpetrated on them by the bureaucracy, the government has filed an appeal against the implementation of the judgement. I then sent the attached email on 16 May 2010 to the Law Minister, Mr Veerappa Moily telling him that the action of the Government is against his own statement that the government should not be a persistent litigant. I, as is customary in todays government offices, have not received an acknowledgement so far. So it is possibly lying in the wastepaper basket next to his table or censored by his OSD, the bureaucratic representative who acts as the self appointed filter of “bad news” from the “master”!


The soldiers, serving and retired, are a disillusioned lot. After your assurance in Amritsar , inclusion in the Congress manifesto, declaration by the President in her opening speech to Parliament, statement of the Finance Minister in the Budget speech and the proclamation by the PM from the ramparts of Red Fort,One Rank One Pension (OROP) remains a mirage. Rubbing salt in the wounds, directions of the highest court in the land are being contested, only because they are in favour of soldiers. (The bureaucracy had also appealed repeatedly against the judgement of the Supreme Court in favour of Maj Gens in 2008). Imagine a Committee of Secretaries met to consider the Judgement and within a week (a record of sorts!) decided to appeal against it, as it was financially unviable. Can a fraud detected by the Supreme Court be wished away due to its financial cost? Do you think the soldiers will swallow all this, and accept it happily? If your advisors say so then they are the same who have landed our Country in this sorry state of affairs, be it in the North East or in the 400 odd districts, with many more on the verge of joining them, affected by Maoism. They are the ones who are putting the fear in the politicians that the Defence Forces will take over the country if they are not kept under their thumb. A disastrous presumption.


For the country’s sake, please do not push the soldiers over the precipice and make them behave like our huge police force, which wants a bribe for registering a FIR or a bureaucrat who does the same for putting his signatures on a piece of paper. Mrs Gandhi please look after the soldier, he is ironically defenceless in his own country.


Mrs Sonia Gandhi

Chairperson UPA

10 Janpath

New Delhi 110001


Copy to


Dr Manmohan Singh

Honourable Prime Minister

7 Race Course Road

New Delhi 110011


Mr AK Antony

Honourable Minister of Defence

9 Krishna Menon Marg

New Delhi 11011


Mr Veerappa Moily

Honourable Minister of Law and Justice

Ministry of Law & Justice

4th Floor, A Wing

Shastri Bhawan

New Delhi 110001


Not On Original


Admiral NK Verma PVSM, AVSM, ADC

Chairman Chiefs of Staff Committee

Chief of the Naval Staff

Naval HQ, South Block

DHQ PO

New Delhi 110011


General VK Singh PVSM, AVSM, YSM, ADC

Chief of the Army Staff

Army HQ, South Block

DHQ PO

New Delhi 110011


Air Chief Marshal PV Naik PVSM, VSM, ADC

Chief of the Air Staff

Air HQ

Vayu Bhavan

New Delhi 110011

Obstructing the Supreme Court order on Pay Commission

LETTER DATED 16 MAY 2010 TO MR. VEERAPPA MOILY, LAW MINISTER BY

LT GEN SK BAHARI

Dear Mr Minister,


I send herewith an email received from Retired Defence Officers Association, who are affected by the recent decision of the Govt of India to go in appeal against a ruling dated 8 Mar 10 by The Supreme Court .This matter was taken up by officers, in service on 1 Jan 86, of the rank Capt to Brig (bulk of the Army officer strength) regarding an injustice done to them during the Vth Pay Commission by the bureaucracy, in setting the basis for fixing their future salaries.

Maj V Dhananpalan had taken up a case against this discrepancy in the Kerala High Court and won the case more than a decade ago. The Govt gave him his arrears and forgot about all other officers who were similarly denied their dues, and affected by the same order.

Some time later other officers quoting Maj Dhananpalan' s ruling, took up the case in various High Courts in the country for a remedy. When faced with mutiple the Govt requested the Supreme Court to club all the cases and hear them as one case.After a tortuous number of years the Honourable Supreme Court ruled in favour of the complainants on 8 Mar 10 and ordered that all the arrears be paid with 6% interest.

Now the Govt has gone in appeal against the SC ruling. Obviously the concerned department has lost face and may also be penalised for having to pay interest on a deliberate act of commission. So the easiest way is to launch the case into orbit so that the perpetraters of this fraud can retire before the CAG raises hell. Mr Minister, you had said on taking over your current portfolio that the Govt is the single biggest litigant who keeps the courts from doing justice to more needy persons. Here the Govt is deliberately trying to deny justice to a large number of officers. I know gallantry awards are given posthumously, but, why should financial dues be given posthumously? Imagine the loss to the affected persons as the value of the rupee has gone down so much in the intervening years.

I fail to understand the logic of the Govt contesting every order the Supreme Court has passed in favour of Armed Forces personnel.


You may be aware that in the case of fixation of Maj Gens' pension the Govt appealed multiple times and intentionally delayed filing its replies. Eventually the Govt had to pay as per the orders with 12 % interest. Doesnt it show the malicious intent of the persons concerned. Only recently your Solicitor General had to request the Supreme Court to soften it remarks in the case of Capt CS Sidhu , when it had said that the Govt treats its soldiers worse than beggars!

Govt says it is doing everything for the Aam Admi. I presume soldiers do not form part of this exalted community. May I request you on behalf of the silent services that this injustice be stopped immediately, the Solicitor General be directed to withdraw the appeal ( I am sure he has more fruitful work to do than pull the chestnuts out of the fire for the bureaucracy) and the persons who authorised the filing of this appeal be penalised for clogging the SC with frivolous work.

May I request that a word of acknowledgement of this mail would give us confidence that our pleas reach the powers that matter. Otherwise they normally go unanswered.

With warm regards

Yours sincerely
Lt Gen SK Bahri PVSM (Retd)
(Personally not affected by the SC order)

A3/502 World Spa East
Sector 30/41
Gurgaon 122001

Tackling Maoists

LETTER ADDRESSED TO HOME MINISTER DATED 08 APR 2010


8Apr 2010

Governance


It was a long time ago, possibly 20 years, that I last wrote a letter to you. You were MOS in the same ministry and I was MGO in Army HQ. It was as a consequence of a meeting you had called in MOD, to discuss the supply of small arms to the police forces which were in their 3rd/4th qtr of life! I had explained to you that life of only artillery and tank guns is measured in quarters of life and small arms are only checked if the prescribed gauges pass through them or not.

This time I am writing about a much more serious matter. You being one of the few “proactive ministers” who has brought about substantive changes in whatever charges have been given to you, I am taking the liberty of writing on a matter which concerns us all.


The trigger for this letter has been the recent statement to the press by the Home Secretary, wherein he stated that a number of ex servicemen (ESM) are helping train the Maoists. The country is facing a very serious challenge from these destructive elements and the fact that a segment (ESM) whose loyalty to the nation is seldom questioned, is helping a rebellious force needs to be viewed with great concern. I remember in the early`60s a retired JCO, Nb Sub Pan Singh, had played havoc in the Chambal ravine area as he had created his own gang of dacoits. The reason for his going that way was that he had been deprived of a piece of his land by some powerful landlord and despite his pleas to the persons responsible for governance, nobody helped him. I am sure these alleged ESM must also be nursing a similar grouse.


Mr Minister, GOVERNANCE in the country has become the biggest casualty in the last 40 years or so. Unless some serious and concerted effort is made there will be many more Pan Singhs and ESM waiting to join Maoists or other anti national groups. Shouldn’t we all sit up and do something about it?


I joined the corporate sector soon after my retirement and saw things which I had been largely isolated from, in my 38 years of army service. Be it the IAS officers in the NOIDA Authority, or in the UP government, sales tax , income tax, excise, labour officers, minor judiciary or the electricity departments – everyone was on the take! If you resisted, they could bring your business to a halt and make you lose much more than what they demanded. Worse is that there was no one you could turn to. I am surprised that the corporate sector has not started their own vigilante force to get out of the clutches of a corrupt bureaucracy. Trouble is that they are a divided lot as some are able to bribe their way through and make huge profits while denying the government a large portion of its tax dues.


Unfortunately law abiding people are being dealt with a double whammy. Firstly, they are not allowed to go about their businesses without let or hindrance and secondly, law breakers are permitted to avoid paying their taxes make illegitimate profits and deny their workers a fair living wage in connivance with the guardians of the law.


What the police does or does not do is an open secret, as is evident from the daily newspapers. It is also a major contributor to misgovernance in the country and accretion to the ranks of law breakers. A simple case in point. Why is there total anarchy on our roads? The enforcers are totally bereft of any knowledge about road rules and etiquette, permit encroachments on the roads so, how can they prevent road rage which is becoming a major law & order problem and chaos on the highways.


Have you noticed that as the country is descending into lawlessness the state governments are turning more and more to ESM to train their policemen to manage their responsibilities. Is it not ironic that the same police officers who have been letting their hapless constabulary get slaughtered by the Maoists, have been resisting the induction of ESM in their ranks as they claim that they have a different `culture’. Reality is that the ESM will disturb their `give and take’ culture.


The recently launched Op GREEN HORN is in reality being run by green horns. 86 policemen being killed in two days and not a single officer killed or punished for not leading his subordinates is too much of a joke. There is speculation that eventually the Army will be called in, as per SOP. Army officers and men will get killed and the Ashok Chakras will be collected by police officers wearing a lot of brass and sitting behind huge desks. Surely some more DGP vacancies will be created and another force raised to accommodate them!


The government has to take a stand if it does not want the nation to reach the same anarchic state as some of our neighbours. Instead of constantly rewarding non-performers, for our country’s sake please use the same firm and well thought out measures against them, that you are using against the Maoists. We need a similar cleansing of this cancer in our vitals.


The 6th Pay Commission has been hijacked by the civil servants, despite their poor record in governance (except a very small minority), at the cost of the Defence Services. By denying them and the ESM their legitimate dues you are preparing grounds for swelling the ranks of other unlawful entities. The solution is in our hands we only have to take action and nip corruption at its roots and not let a minority of the government servants milk and destroy the country. I have said it in so many words to the PM but he is not inclined to listen. Possibly, because he does not want to take any stern action against his erstwhile colleagues! I am sincerely hoping that you will stop the drift before it is too late. As a concerned believer in INDIA I hope you will take prompt action to stem this rot any further.


Lt Gen SK Bahri PVSM (Retd)


Mr P Chidambaram

Hon’ble Minister of Home Affairs

Government Of India

North Block

New Delhi 110011