Prime Minister Office (PMO) gives clean chit to K. Siva Prasad, IAS

 Prime Minister, Mr. Narendra Modi who is known to maintain zero tolerance to mischief and corruption, equally emphasises on ensuring that honest and well intentioned officers are not harassed. As the case of  K. Siva Prasad, IAS falls in the second category, PMO recently dropped all the charges against K.Siva Prasad, IAS after it was found that he was falsely implicated.

 PMO took note of the fact that Punjab and Haryana High Court quashed all the cases registered by CBI. The High Court ruled that Case has been initiated without any legal basis nor foundation and K. Siva Prasad, IAS has been unjustifiably subjected to undeserving prosecution by CBI. High Court further  observed that Grave injustice has been caused to K. Siva prasad IAS the then GM, FCI.

                           The court observed that  K.Siva  Prasad, IAS who made all out effort to introduce a noval system to arrest the corrupt practices, which has completely halted the practice of mixing substandard bags with good quality of rice, has been charge sheeted and the remarks of CMD about integrity of K.Siva Prasad, IAS has virtually fallen to deaf years, said High Court in a  detailed order.

A three judge Supreme Court bench headed by Chief Justice of India dismissed the appeal filed by CBI against the order of Punjab and Haryana High Court, as Court apparently found that the issues raised in the arguments were properly discussed by Punjab and Haryana High Court which found that there is no merit in these issues.

PMO relied on the detailed enquiry conducted by CVC which exonerated K. Siva Prasad, IAS. CVC summoned all the record pertaining to the case and examined all the people who are involved in the entire process. It took note of the fact that false records were created by certain officials on the instruction of the then minister and the same were used against K. Siva Prasad, a Punjab cadre IAS officer.

The then CMD, FCI who appeared before CVC stated that, " I was given to understand that the then MOS(Food) sought favours from Punjab and elsewhere all levels, which when refused at least by the senior levels led to the action that was taken. A note from him indicating irregularities at various places and dated 22.7.2005 is on record, which when countered effectively led to the escalation of the whole matter against K. Siva Prasad, IAS. This is corroborated by the speed with which action was taken, in a highly irregular manner by passing all rules and regulations of disciplinary proceedings and natural justice. My dissent on the whole Govt. Process is on record which has been accepted and acknowledged by even the Hon'ble High Court of Punjab in the same matter and charges. As CMD, therefore, I have no hesitation in saying that the whole case against K. Siva Prasad, IAS is totally malafide, baseless and without application of mind by the Government "

 Based on the record and evidence, CVC  categorically concluded that these charges are baseless and motivated and recommended for dropping of all charges.

Its a known fact that PMO does 360 degrees review before any relief was given to any officer and it is believed that K. Siva Prasad, IAS cleared 360 degree assessment of PMO.

Keeping all these facts, Prime Minister ordered dropping of charges.

Supreme Court gives relief to K. Siva Prasad, IAS against CBI

   A three judge Supreme Court bench headed by Chief Justice of India dismissed the appeal filed by CBI against the order of Punjab and Haryana High Court which quashed the cases filed by CBI against K.Siva Prasad, IAS the then GM, FCI Punjab. CBI was represented by Attorney General of India. The bench didn't agree with the arguments of AG as it apparently found that the issues raised in the arguments were properly discussed by Punjab and Haryana High Court which found that there is no merit in these issues. Accordingly it dismissed the appeal filed by the CBI against K.Siva Prasad, IAS the then GM, FCI Punjab.

Earlier, Punjab and Haryana High Court quashed all the cases filed by CBI against K. Siva Prasad, IAS the then General Manager(GM), Food Corporation of India (FCI) by ruling that Case has been initiated without any legal basis nor foundation and K. Siva Prasad, IAS has been unjustifiably subjected to undeserving prosecution by CBI. High Court observed that Grave injustice has been caused to K. Siva prasad IAS the then GM, FCI, who made all out effort to introduce a noval system to arrest the corrupt practices, which has completely halted the practice of mixing substandard bags with good quality of rice, has been charge sheeted and the remarks of CMD about integrity of K.Siva Prasad, IAS has virtually fallen to deaf years.

High Court further came to conclusion that the version of CBI that no action was taken by K. Siva Prasad, IAS against  erring staff has no basis on account of the fact that stringent action as per record had been taken by K. Siva Prasad, IAS.

The High Court cited the statement of the then CMD to the CBI where he categorically stated that as per his knowledge goes there is no complaint against the integrity of K. Siva Prasad,IAS the then GM, FCI.  CMD further wrote to Government earlier that K. Siva Prasad, IAS using his clout as Punjab cadre officer has on several occasions saved FCI/Government from tremendously embarrassing situations including that handling inadequacy of parboiled rice in the last season through local initiative. Dispite handling almost 50-60% of the country's wheat and rice procurement if there have been a few black sheep in the local staff who have done some procurement below specifications, which is only a miniscule of total procurement  that shouldn't be held against the officer. Stringent action was taken by him against lower staff anyway.

CBI enquiry against K. Siva Prasad, IAS is without any legal basis or foundation: Punjab and Haryana High Court.

Hon'ble Punjab and Haryana High Court quashed all the cases filed by CBI against K. Siva Prasad, IAS the then General Manager(GM), Food Corporation of India (FCI) by ruling that Case has been initiated without any legal basis nor foundation and K. Siva Prasad, IAS has been unjustifiably subjected to undeserving prosecution by CBI. High Court observed that K. Siva Prasad, IAS has made out an exceptional circumstance to intervene in these matters invoking the inherent jurisdiction of this Court to stall the miscarriage of justice and prevent the abuse of process of law.

 The court observed that  K.Siva  Prasad, IAS who made all out effort to introduce a noval system to arrest the corrupt practices, which has completely halted the practice of mixing substandard bags with good quality of rice, has been charge sheeted and the remarks of CMD about integrity of K.Siva Prasad, IAS has virtually fallen to deaf years, said High Court in a  detailed order.

  Hon'ble High Court has gone through reply of CBI and the petition of K. Siva Prasad, IAS the then GM FCI who claimed that he was falsely implicated by vested interests and CBI failed to appreciate the case. On the other hand he was known to eradicate corruption wherever he worked and gave the example of modernization of Sub Registrar's office which reduced both fraud as well as corruption. Both sides have presented lengthy arguments. High Court further came to conclusion that the version of CBI that no action was taken by K. Siva Prasad, IAS against erring staff has no basis on account of the fact that stringent action as per record had been taken by K. Siva Prasad, IAS. The statement of witness further says that necessary inspections were also conducted by K. Siva Prasad.

 

The High Court put reliance on the statement of the then CMD to the CBI apart from the record, where he categorically stated that as per his knowledge goes there is no complaint against the integrity of K. Siva Prasad,IAS the then GM, FCI and the fact that he took action at regular intervels justifies the statement. 

CMD further wrote to Government earlier that K. Siva Prasad, IAS using his clout as Punjab cadre officer has on several occassions saved FCI/Government from tremendously embarrassing situations including that handling inadequacy of parboiled rice in the last season through local initiative. Dispite handling almost 50-60% of the country's wheat and rice procurement if there have been a few black sheep in the local staff who have done some procurement below specifications, which is only a miniscule of total procurement that shouldn't be held against the officer. Stringent action was taken by K. Siva Prasad, IAS against lower staff anyway.

All these things weighed infavour of K. Siva Prasad, IAS and High Court of Punjab and Haryana had no hesitation to  quash the cases filed by CBI against K Siva Prasad, IAS in terms of judgement by Hon'ble Supreme court in the case of Bhajan Lal and others.