Author: Neeraj Chauhan, TNN
Publication: The Times of India
Date: October 26, 2013
URL: http://timesofindia.indiatimes.com/india/Mantri-wanted-irrational-orders-to-be-reflected-in-file-notings-Parakh/articleshow/24716910.cms

Introduction: ‘Soren’s Demand Was Against Public Intrest’

In a letter to the cabinet secretary when he was coal secretary, P C Parakh had said that coal ministers were in the habit of issuing oral orders which they wanted to be reflected in file notings despite such actions being against "public interest".

 In a letter to then cabinet secretary B K Chaturvedi on March 22, 2005, Parakh also said he was "very hurt by the motivated complaints from Members of Parliaments (against him) and he had decided to call it a day and seek retirement from service".

 Parakh, now named by CBI in an FIR related to a controversial coal block allocation to Hindalco, gave details of cases where he had to comply with orders that he considered "wrong" and which "were against his advice". He had written the letter in response to allegations of the then coal minister Shibu Soren who wanted him shipped out of the ministry for "gross insubordination".

 "If respect of political leadership implies complying with oral orders or recording notings that suits the minister's interest, as against public interest, I am perhaps guilty of alleged shortcomings," he said, adding that as secretary to the government he had both "right and responsibility" to advice the minister on what he considered "rational, fair and in public interest".

 "It is, of course, for the minister to accept or reject such advice," he said. Citing instances, Parakh said, "CBI had requested for registering a regular case against M K Thapar, CMD, SECL under Section 120 (B) read with Section 420 of IPC and Section 13(2) read with Section 12 (1)(d) of Prevention of Corruption Act.

 "After examining the material on record, file was submitted to PM as minister (coal) through MoS with the recommendation to permit CBI to register the case. PM directed me to give a hearing to the officers concerned and submit a self-contained note taking all aspects of the matter into consideration."

 Parakh said he visited Ranchi and examined all the relevant documents as well as officers concerned and found that there was more than adequate evidence of misconduct on the part of Thapar. "I, therefore, recommended that CBI may be permitted to register a regular case. Ministers did not agree with advice. However, orders of ministers were compiled with though I consider it was a wrong order. It is a different matter that the said order has since been revised by the prime minister as minister in-charge of the coal ministry," he said.

 He also cited instances where Soren had orally directed him to transfer directors in coal companies which he had politely declined to recommend. "It may be noted that powers of inter-company transfer of directors was extensively misused in the ministry for reasons which are not difficult to understand and hence these powers were withdrawn from ministry by Appointments Committee of the Cabinet," Parakh had written.

 The then coal secretary also cited examples where Soren wanted minutes of screening committee should be sent to him for approval which was never the case. "Agenda notes and minutes of these meetings were never submitted for approval of the minister. Minister (Soren), however, desired that agenda notes and minutes of meetings should be submitted to him," he said. Parakh said approval of agenda notes and minutes by minister did not serve any purpose.

 "It is a strange request that the minutes of the meetings to which minister is not a party should be approved by him. However, orders of the minister were promptly complied with," he said, adding that these orders were "irrational" and "not in public interest" but were complied with.

 Parakh also refuted allegations of favouritism in appointment of top officers in Coal India Ltd after chairman cum managing director N K Sharma was placed under suspension. The officer said after seeking approval of the minister, a proposal was sent to terminate the services of Sharma but he was asked to recall the proposal on receipt of letter from Tek Lal Mahto, MP.

 "I advised the minister that having once sent the proposal in respect of an officer who is facing several charges of misconduct, it will not be appropriate for him to recall the proposal, and the minister agreed with the advice," he said. Parakh also rejected allegations that favours were shown to Shashi Kumar who succeeded Sharma. After resignation of Soren, the PM had directed that the position of CMD, Coal India be filled within one month which was lying vacant for over nine months.

 "Accordingly, process of selection was expedited and completed by the time Shri Soren was re-inducted in the Cabinet. I could not have had premonition about resignation and re-induction of Shri Soren to conspire and get Shashi Kumar selected in the intervening period. In any case, selection for appointment of CMD was made by PESB ( Public Enterprises Selection Board) and not me," he said