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CBI Has Made Me an Accused in the Fodder Scam for the Actions That Was Not Taken by Me

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CBI Has Made Me an Accused in the Fodder Scam for the Actions That Was Not Taken by Me Subject:- CBI has made me an accused in the fodder scam for the actions that was not taken by me. The pioneer-investigating agency CBI has presumably made me an accused in fodder scam of the Animal Husbandry Department of Bihar under a Conspiracy hatched up at the higher level. It looks queer when one takes into account different statements made by me in various Press Conferences, Floor of the Assembly and different public platforms. I had expressed in very clear and strong terms in 1993 the unauthorized withdrawals from various treasuries of the government continued and treasuries deliberately failed to maintain upto data account. I expressly warned, if the government did not take precautionary measures immediately an explosive financial position may erupt any day. This statement of mine was amply proved by the AHD scam today. One can well imagine how can I issue such statement had I been a party to the unauthorized withdrawal and financial irregularities. It is really strange that a person who repeatedly pointed the adverse effects of financial irregularities and unauthorized withdrawals has been made an accused of the Fodder Scam cases by distortions of facts by the CBI perhaps with a design to tarnish my image politically. It was I who first raised the issue of unauthorized withdrawals from the government treasuries in the State Legislative Assembly and public meetings. On 2nd April, 1993 I had said the on an average amount of 50 to 100 crores was being withdrawn from the treasuries with the connivance of the leaders, officers and contractors. Futher, on 4th June, 1993 I demanded an enquiry by CBI or Comptroller and Accountant General of India in the unauthorized withdrawals from the state treasuries. In spite of such strong statements and demand for high level enquiries by me, my name has been dragged on baseless charges which can be ascertained by the facts noted below:- Sanction order of the Hon’ble Governor in Case No. RC 20 (A) 96. At page 6 of the sanction order- “And Whereas it is alleged that on the recommendation of said Dr. Jagannath Mishra, Chief Minister, Shri Laloo Prasad had granted extension to accused Dr. S.B. Sinha for one year beyond 31.12.1993 rejecting well reasoned objection raised in this regard by the Finance Deptt. Again at page 7 of the same order it is mentioned: “And whereas it is further alleged that Dr. Jagannath Mishra, Chief Minister, Bihar, Received a Letter on 23.9.1988 from the Co- conspirator said Sri Laloo Prasad in the capacity of Opposition Leader, Bihar, who had requested said Dr. Jagannath Mishra to promote accused Dr. Ram Raj Ram to the post of Director AHD. Dr. Jagannath Mishra promptly acceded to the request of said Shri Laloo Prasad and Promoted the said Dr. Ram Raj Ram to the post of Director, AHD irregularly and by superseding senior colleague.” It is a mater of record that on 23.09.1988 I was not the Chief Minister of Bihar and in fact Shri Bhagwat Jhe Azad was the Chief Minister of Bihar. The real position as it transpires from the perusal of the concerned document supplied by the CBI (Document No. 404, file No. Est. (1) 1072/85 of AHD.) is as follows: Dr. Ram Raj Ram was declared senior to Dr. Radhe Shyam Sharma vide notification No. 10668 dated 3.12.1987. By notification No. 10670 dated 3.12.1987 Dr. Ram Raj Ram was appointed as Addl. Director, AHD in his existing pay scale. On a representation by Dr. Radhe Shyam Sharma the department examined the mater. Although the Department suggested that Dr. Ram Raj Ram was senior to Dr. Radhe Shyam Sharma, the Chief Secretary, after a detailed examination suggested that Dr. Radhe Shyam Sharma’s dated promotion, which originally was 1.1.1977 and was later changed to a latter date should be restored to 1.1.1977 and he should be made Additional Director, by creating a shadow post, without however any retrospective financial benefit. Shri Bhagwat Jha Azad, then chief Ministe on 15.10.1988, approved the proposal. Had this order been implemented, Dr. Radhe Shyam Sharma Would have been the senior most in the department after the Director and automatically the undisputed candidate for the post of Director on 31.7.1989. However on 23.11.1988 the Chief Minister Shri Bhagwat Jha Azad recorded an order for re-examination. Thus it may be seen, if at all the Chief Minister readily agreed to the proposal of Shri Laloo Prasad in 1988, it was Shri Bhagwat Jha Azad and Not Me. At later stage, while arguing on the matter of discharge, the CBI took the plea that it was a typing error However the CBI never bothered to request the Governor’s office to issue any corrigendum to the order. That it was not a typing error but a deliberate mischief on the part of the CBI can be established from the fact that on 26.6.1997, while opposing the anticipatory bail of mine in the Hon’ble Patna High Court and earlier before the Special Judge, CBI, the CBI counsel had emphasized this point. The CBI deliberately and with full knowledge mentioned my name as the C.M. in 1988 as it wanted to prove a reciprocal link between me and Shri Laloo Prasad by quoting two instances (1) Dr. Jagannath Mishra allegedly obliged Shri Laloo Prasad by making Dr. Ram Raj Ram, Director, AHD, (2) Shri Laloo Prasad obliged Dr. Jagannath Mishra by extending the services of Dr. S.B. Sinha, thus trying to prove their imaginary conspiracy. That it was a deliberate act may also be further realized by a simple reading of paragraph 36 of the charge sheet of case no. RC 20(A)/96 which is as follows: “Investigation has further disclosed that on 1.8.1988 Shri Laloo Prasad (A-20) who was then an MLA wrote a letter to the then Chief Mister of Bihar impressing upon him that Dr. Ram Raj Ram (A-11) was senior to Dr. Radhe Sham Sharma and hence deserved the post of Additional Director. Again on 23.09.1988 Shri Laloo Prasad (A-20) addressed another letter to the then Chief Minster requesting for the elevation of Dr. Ram Raj Ram to the post of Additional Director, AHD Shri Laloo Prasad (A-20) wrote a letter to the Chief Secretary, Bihar pleading for the appointment of Dr. Ram Raj Ram (A-11) as Director, AHD. In January 1990, Shri Laloo Prasad (A-20) wrote a letter to the then Chief Minister, Bihar, Dr. Jagannath Mishra exposing the cause of Acting Director, AHD Dr. Ram Raj Ram (A-11). Shri Laloo Prasad made consistent efforts to ensure the seniority, elevation and confirmation of accused Dr. Ram Raj Ram and continued to protect him after his own assumption of office as the Chief Minister of Bihar.” From perusal of file it appears that on 3.12.1989 Shri Dilkeshwar Ram Minister A.H.D put up a note recommending promotion of Dr. Ram without referring to the order of the Hon’ble Patna High Court and made recommendation to the Chief Minster for filling up the vacancy of Director from Scheduled caste or Scheduled Tribe. However, on 17.12.1989 I as the then CM did not agree with the said proposal and directed the Chief Secretary to constitute a selection committee and until a decision is taken, the charge should be given to the Secretary, Animal Husbandry. It appears from the concerned file that thereafter a detail note was given to the Chief Minster by Shri Bilat Paswan Bihangam, Minster AHD on 22.12.1989 detailing the fact that C.W.J.C No. 6230/1989 is pending in the Patna High Court and in view of the order of the High Court, if the Secretary is given the charge of the Director, it may amount to disobedience of the Hon’ble High Court’s order. As the Hon’ble High Court has already stated in its order- dated 9.8.1989 that the present arrangement should be allowed to continue. The file was again put up before me on 4.1.1990 and I ordered for calling a meeting of the Selection Committee forthwith for selection of the Director. I also observed that the order dated 9.8.1989 of the Hon’ble High Court does not specifically say that till disposal of the writ application, the present situation should be allowed to continue and in any view, there was no restraint order on the power of the Government to constitute the selection committee, accordingly I modified the earlier order and directed to call for a meeting forthwith and to take decision within two weeks, otherwise with effect from 22.1.1990 the Secretary of the A.H.D will take over the charge of Director, A.H.D. Since no decision could be taken within the time frame a notification appointing Sri Ashok Kumar Chaudhary, Secretary, A.H.D as Director, A.H.D. was issued. These facts are born out from the documents filed by the C.B.I itself. Thus, from the aforesaid facts, it is manifest and cleared that I did not pass any order appointing Dr. Ram Raj ram on the basis of the letter of Shri Laloo Prasad dated January, 1990 and the records submitted and the documents filed by the C.B.I itself belies the allegation against me. Patronage given by Shri S. N. Sinha, the then C.M.
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