Chandigarh : Dear Madam or Sir: I dare the latter to take action, before the general public questions their integrity, for there is overwhelming evidence against the former.I S Bindra’s Chosen FewAll of the below mentioned officers are in violation of Section 13(5) of the All India Services (conduct) rules. Till this day only two officers G P S Sahi and Jaswinder Sing Gill took prior permission before joining PCA. I S Bindra IAS D P Reddy IAS Sanjit K Sinha IAS,Dr. B C Gupta IAS A S Chattwal IAS Sudhir Mittal IAS,M P Pandove PCS Vishwajeet Khanna IAS Justice S S Sodhi, Justice B K Mehta Rajan Kashyap IAS S K Kakkar IAS,Y S Ratra IAS
1. Case No. RC 8/97 – CHG dated 25-02-97; was registered in CBI/ACB Chandigarh issued with the consent of the Govt. of Punjab U/s 120-B r/w 420, 420 IPC and Sec. 13 (2) r/w 13(1)(d) PC Act. 1988.
2. CBI provides Ch. Sec. Govt. of Punjab with a copy of the investigation report dated 29-11-99; stating that there is sufficient material for initiating action against I S Bindra and Smt. Tejinder Kaur; RDA for major penalty.
1. But no action is taken; thus, allowing I S Bindra to retire on 31-12-2001, and then claiming matter has become time barred.
2. Similarly, no action will be taken against, recently elected president of IAS Association Smt. Tejinder Kaur, until she retires on 30-09-09.
3. Ministry of Personnel, Govt. of India has repeatedly asked the state government to initiate and complete departmental action against the two Mr. Bindra and Tejinder Kaur i.e. in 1999, 2000, 2003 and 2006.
4. The CBI report enlists following recommendations:
1. Regular Department Action for Major Penalty against Sh. I S Bindra and Smt. Tejinder Kaur.
2. That a formal agreement between PUDA and PCA, regarding the ownership, utilization, and management of both the stadium and club house, should be finalized immediately; in order to safe guard the interest of the government; as it had incurred a major part of the expenditure.
3. Failing this, the Govt. of Punjab should assert their right over the stadium as well as the club house, and take legal action to assume control over the facilities.
4. The Govt. of Punjab had contributed Rs. 10.15 crores towards the whole project, without having fully established their right of co-ownership.
5. Additionally, it is also recommended that the Govt. of Punjab may take further action against Punjab Cricket Association, for encroachment of 2.62 acres of public land.
5. The moot question, since CBI recommendations i.e. dated 29-11-99, what action have the guardians of the state both political and bureaucracy taken. I dare them to produce a single order from a superior authority, restraining them from taking action. A lot of correspondence flows between the relevant departments, but action are forbidden.
1. PCA is friend of every government that comes to power.
2. I S Bindra has a special affinity for bureaucrats attached with PUDA, Excise and Taxation, Finance, and Home Dept, but not Cricketers.
3. So devoid is Punjab of able administrators and cricketers that PCA has on its executive board Modi, President of RCA, BCCI and PCA, instead of Bishen Singh Bedi, Yashpal Sharma, Navjot Singh Sidhu.
6. PCA submits to the GOI, the cost of construction of the stadium to be 4, 28, 65, 000/=. Compare this with the following.
7. Funds received by PCA.
Sr. No. Particulars for stadium for club house
1. By PHDB Rs. 420.00 lacs Rs. 80.00 lacs
2. By PUDA Rs. 430.00 lacs Rs. 85.00 lacs
3. Small Savings Rs. 77.00 lacs
4. National Games Funds Rs. 15.00 lacs
5. Business Houses Pvt. and Public Rs. 237.00 lacs
6. Stadium Mortgaged with Indus-Ind Bank Rs. 300.00 lacs
Total Rs. 1479.00 lacs Rs. 165.00 lacs
Grand Total of both columns Rs. 16.44 crores
With respect to Sr. No.2, column II:
“Considering the urgent need of funds of PCA, the PUDA has released Rs. 85 lacs on 22-10-96, with the approval of the worthy chairman, in anticipation of approval of the Authority.”
8. PHDB contributes Rs. 4 crores as its contribution to the first phase of construction of the stadium. PUDA which is the successor of PHDB contributed 50% of the increased cost of Rs. 9 crores. Since PHDB (PUDA) and PCA jointly contributed 50:50 to the cost of the building, the building was deemed to be jointly owned by PUDA/PCA. I wish this was true.
9. At a meeting of PUDA, board of directors, held on 09-11-96 a sum of Rs. 85 lacs was released; PUDA’s 80% share in the club house.
10. Finance Sec. Rajan Kashyap and PCA member releases Rs. 70 lacs and DC ropar 7 lacs to the PCA; from small savings.
11. I. S. Bindra Sec. Sports approves the release of Rs. 15 lacs to PCA from “National Games Funds”; without the approval of the FD, a necessity.
12. A term loan of Rs. 3 crores was sanctioned on 2-6-97 to M/s Punjab Cricket Stadium against the security of equitable mortgage of land at the stadium valued at 18 crores. First title deed exists in PUDA’s name.
13. The following made payments to PCA for Souvenir
1. Punjab National Fertilizer & Chemicals Ltd.
2. Punjab Khadi and Village Industries.
3. Financial Corporation Punjab.
4. Punjab Alkalies & Chemicals Ltd.
6. Punjab State Electronics Development and Production Corp. Ltd.
7. Punjab Small Industries & Export Corporation Ltd. (also did work)
8. Goindwal Industrial and Investment Corporation. (also did work)
9. Electronic System Punjab Ltd. (also did work)
10. Punjab State Leather Development Corp. Ltd. (also did work)
11. Punjab Tractor Mohalie (also did work)
12. Punjab State Handloom & Textile Deve. Corp. Ltd. (also did work)
14. The Punjab Govt. had made a major contribution in the construction of the stadium and club house, and it had been decided that PUDA should be given the status of co-ownership of both the stadium and Club House. For this a detailed agreement covering all the issues was to be finalized. This had been put up as a precondition for the release of Govt. Grants. In this regard a note dated 27-06-95 was recorded by R S Mann, the then Chairman PHDB in which it stated inter alia, “We may release Rs. 30 lacs to PCA subject to the co-ownership issue settled and agreement signed.”
15. PUDA draws interest free loan of 4.50 crores; dated 20-10-95, from the Govt. to pay PCA. It pays back the loan on 13-9-97 i.e. is late by 330 days, and therefore, audit dept. raises objection as to why penal interest of Rs. 14.24 crores has not been demanded by PHDB.
16. Consent to convert loan into grant was given by the CM on 21-1-96, on condition that Finance Department’s opinion be sought. (But not done)
17. There is no provision in the PUDA Act, 1972 now PUDA Act, 1995 to give grant-in-aid to any private body. However the Board of Directors have full authority to use its funds within the Act.
18. A cruel coincidence, M/s Rich and Famous Sector 8, Chandigarh owned by Mr. Bindra’s wife’s sister, supplies material to PCA.
19. Club House inaugurated by Sukhbir Sing Badal on 10-7-98. So long as SAD is in power, he will be nominated to every committee of PCA.
20. On 22-2-2000 CBI files for closure of the case against I S Bindra and others. Sh. Karam Chand files a criminal revision petition which is upheld. I S Bindra obtained stay from the Supreme Court dated 5-5-03. As per o/o Advocate General Punjab letter dated 14-8-07, no date of final hearing has been fixed.
21. CM Punjab has approved on 7-4-07 to continue with the cases for eviction of PCA from 15.5 acres land/stadium, and also for recovery of Rs. 260 crores. Question, are his orders being faithfully implemented or who is impeding justice.
Transfer of land, and lease deed.
1. Before land is transferred to a concerned entity, the proper procedure is that the concerned Sec. is to prepare a detailed Cabinet Note, after following the prescribed procedure and then seek approval of the Council of Ministers, spelling out clearly the transfer of land. But on record there exists no approval conveyed by the Governor –in – Council, regarding utilization of land for Cricket Stadium.
2. For a lease deed to be valid, it should have been signed by the Estate officer, preceded by approval from the Finance Committee, neither of which was done.
3. I S Bindra’s records: [sic]”This is in accordance with the decision of Governor-in-Council. No need of FD’s approval. Approval be conveyed.” Nothing on record substantiates this; thus, CBI concluded.
4. Till this day, absolutely, no lease deed legal or illegal exists between PUDA and PSSC. However, exists a legally invalid lease deed dated 16-06-92; between PSSC and PCA. It bears signatures of I S Bindra Sec. Sports and President PCA; M. P. Pandove Sec. PCA and Sh. S K Kakar Director Sports and V. President PCA. (Each one of them associated with PCA, a coincidence.) Miracles do happen!
5. Legal transfer of title of this land would take effect on the signing of an appropriate lease deed between the Housing Board (PUDA) and the Punjab Sports Department; before PCA comes into picture.
6. Letter dated 24-08-07 proposes to constitute a committee consisting of officers of Accounts Branch, Engineering Cell and SLO to draft a lease deed, which will be placed before the Finance and Accounts Committee, and thereafter Executive Committee; for its approval.
7. GMADA letter dated 17-10-07 to Director Sports directs him to execute a lease deed with PCA at the earliest.
Unauthorized occupation of 2.62 acres and other violations
1. Area of land leased is 13.56 acres, but PCA encroaches upon an additional 2.62 acres.
2. Unauthorized occupation was first brought to the notice of PUDA on 10-7-96, but notice issued to PCA is dated 8-8-03.
3. CA GMADA letter dated 17-9-07 to the Superintendent GOP, Dept. of Housing and Urban Development; states with respect to encroachment of 2.62 acres; no action has been initiated till recently; however, the Estate Officer i.e. competent authority has now been directed to take appropriate action into the matter.
4. GMADA invites PCA for a meeting, under the chairmanship of Ch. Sec. Punjab, with regards to encroachment; fixed and rescheduled repeatedly, 5-11-07, 23-11-07, 27-11-07, 18-01-08, 31-01-08, 18-02-08.
Construction of Cricket Stadium
1. Punjab Urban Planning and Development Authority (Building Rules), 1996; state that prior approval is required before construction/reconstruction. Section 180 (2) (i) of the rules states, “No person shall commence the erection or re-erection of any building on any site without previous sanction of the competent authority”.
2. PCA did not adhere to building by-laws, which stipulate the approval of building plan and zoning plan before commencing work.
3. Building plans submitted to GMADA were not approved. Because, they did not comply with the conditions laid down in the allotment letter, and the applicable norms. Therefore, a notice was issued dated 19-10-06.
Exemption from paying Entertainment Tax
(Sudhir Mittal IAS is Punjab E & T Commissioner and treasurer PCA)
1. Exemption from paying entertainment tax expired on March 31, 1995.
2. In a period beginning 14-03-96 to 1-4-99, total amount due towards E & T Department amounts to Rs. 3, 02, 11, 899/= Summons are repeatedly issued, stating if it fails to deposit the amount Arrest Warrant or Kukri of the PCA property will be carried-out.
3. Normally appeals are heard after deposition of 50% of amount due, but PCA appeals are heard without adhering to the law.
4. On failing of appeals, Collector-cum- Deputy E & T Commissioner, Paitala appoints Tehsildar Mohali as agent, on 27-03-2000; to recover outstanding amount of Rs. 3, 02, 11, 899. Tehsildhar is provided with warrant of attachment, copies of the proclamation, map, and a letter of Estate officer.
5. DC Rupnagar directs the Tehsildahr to comply with the orders. But for 5 long years Tehsildhar Mohali on some pretext or the other does not carry out his duties. Some of his excuses are as follows.
1. I have not received the relevant papers.
2. Route correspondence through DC Rupnagar.
3. Then claims as per FCR directions recovery above 10 lacs is to be sent back to the relevant authority.
4. Finally, questions the authority of collector cum Deputy E & T for passing orders under land revenue act. 1837 Sec. (6).
6. Each time, he is not only suitably rebutted, but warned, “ If you either delay or not take action under land revenue act, then loss of state revenue will be sole responsibility of your office”. The said fact is also brought to the notice of DC Rupnagar.
7. But tehsildhar continues in the same fashion and finally a handwritten note undersigned by SDM SAS Nagar, dated 28-07-2005; records, “The amount stands waived off as per telephonic discussion with E.T.C”. Whereas approval by Council-of-Ministers is given at a meeting held on 12-08-05.
8. Council of Ministers meeting held on 12-08-2005, states approval has been accorded to extend the Notification issued vide No. S.O.73/P.A.16/55/S.11/92 dated September 30, 1992 which expired on March 31, 1995 up to 2010; with retrospective effect from 1st day of April, 1995. Beside this approval has been accorded to withdraw the recovery notices served upon PCA for claiming Rs. 3, 02, 11, 899/= on account of outstanding entertainment duty, for the period 14-03-96 to 01-04-99
9. Council of Ministers have no legal authority to grant exemption retrospectively.
10. Department of Finance opinion dated 19-05-05, did not agree with the proposal of the Administrative Department to extend notification with retrospective effect.
11. Department of Legal and Legislative Affairs opinion dated 30-05-05 categorically states, [sic] “The exemption order can be issued with prospective effect only, and this Act does not envisage the issuance of exemption order under sub-section (3) of section 11 of the aforesaid Act, retrospectively”. “However, if the A.D. considers that issuance of the order of exemption with retrospective effect is necessary in public interest, and it is not likely to be challenged in the court of law, then they may issue the same. But, if such an order is challenged in court of law on the ground of retro-activity, then it would be for the A.D. to defend the same”.
12. Finally, does the on going IPL qualify for tax exemption, is Preity Zinta promoting cricket or cashing in on cricket.
Punjab Police Recovery
1. An outstanding amount of Rs. 1, 50, 89, 691/= is due from PCA, and this does not include matches for which bills have not been raised.
2. Bills have not been raised for the following:
Pakistan vs. Newzeland 09-11-97 Not raised
India vs. Bangladesh 14-05-98 Not raised
Star Nite Organized 15-11-98 Not raised
India vs. Sri Lanka 02-02-99 Not raised
India vs. Pakistan 01-04-99 Not raised
India vs. Newzeland 10-10-99 to 14-10-99 Not raised
13. Punjab Police Rules and instructions issued by Government of India in 1995; [sic]” Forces deployed to other Government may be withdrawn in case of default of payment. In case of security provided to corporate bodies or commercial establishments, the payment should be recovered in advance”. Compare this with, payments pending since 1996.
* Courtesy of I S Bindra, cricket has not traveled beyond the boundary walls of Mohali Stadium. Not even a single academy has been opened in the whole of Punjab. Nor has he ever visited a district association, for no planes travel there and the cities do not have the requisite 5 star hotels, catering to his status and taste.
* Menace of overage players has been at its best. In fact, PCA has the unique distinction of legalizing this practice. District Sec. cum Bank Clerk is caught in the act, but instead of taking action, he is protected.
* Mr. Bindra’s tenure: Sports Sec. from 13-2-91 to 3-9-96; and again from 21-7-99 to 31-12-01. Principal Sec. Indust. 26-11-96 to 18-2-97. Principal Sec. Housing and Urban Development and V. Chairman PUDA 18-02-97 to 9-5-99
* Sh. Karam Singh Gill, Minister of State for Industries has recorded in the ACR file of Sh. I S Bindra that the officer was lacking integrity. He spent more time on Cricket Stadium than on his official duties as Sec. Industries, and that he had grossly abused his official position to extort funds from Govt. Corporations under his charge for Cricket Stadium.
* I S Bindra V. President PCA 1976-1978 and thereafter president, and he will remain so till he is carried to the pyre. Even if God chose to live on this earth, he could not have matched, Honorary I S Bindra’s record.
Sarabjit Singh Kahlon
Mob: 98885 64455