Wednesday, August 1, 2018

Inquiry into OSCB Scam worth Rs.500 crore hanging balance at the instance of CM Office, Odisha


Inquiry into OSCB Scam worth Rs.500 crore is suppressed and  Scamster T.K.Panda, MD protected by State Vigilance and Chief Minister’s office of Nabin Patnaik Government, Odisha

Dear friends

Corruption, irregularities and misappropriation of fund worth of thousands of crores of rupees less than 18 years of rule of BJD Govt. has become order of the day in Odisha. Scam in Odisha State Cooperative Bank (OSCB) is one of the major scams that Odisha has witnessed since 18 years.  The scam and loot of public exchequer by Tusar Kanti Panda, Managing Director of Odisha State Co-operative Bank and other officials has its genesis since 2010. Despite plethora of  complaints  and allegations filed starting from Chief Minister’s Office  to State Vigilance  by Activists, Director of  OSCB  and several recommendation of  concerned Minister to State Vigilance,  no inquiry  has been  conducted  rather suppressed  and corrupt officers given promotion time and again to suppress scam.  This is the beauty of Nabin Patnaik Govt. in Odisha. 

The expose of  corruption and misappropriation of fund started with revelation of statutory audit Report  of Odisha State Cooperative Bank presented  by   Auditor General, Cooperative Societies, Odisha on 30.9.2011. While presenting the Audit Report for the year 2010-11,    the Auditor General has unearthed a lot of corruption and irregularities which is presented below and recommended for action.  

A.   Extension of service of 19 employees  beyond the age of  58 years in contravention of OSCB Staff Service Rules 1980 , order No. 11866/Dt. 27.9.2003 and order No. 21098/ Dt. 1.10.2010 of RCS(0), is irregular and illegal  and hence attracts action as  contained in Rule 6,7,8 of Order No. 11866/Dt.27.9.2003 of RCS (O) .
B.   Revision of Pay and allowances of the employees as resolved  by the management vide resolution dated 23.3.2011 is inconsistent with Letter No. 935 Dated 28.1.2010 of Government in Cooperation Department  and as such , should not be implemented  without prior approval of RCS (0)  as envisaged  under section 28( viii) of OCS Act, 1962.
C.   Severe financial irregularities like forged DDO guarantee, signature in DDO guarantee from unauthorized person, fake and bad finances, misappropriation and various other irregularities in documentation have been noticed in Main Branch, Cuttack branch, Rourkela branch and Paradeep branch of the Bank. Both civil and criminal action against the errant officials should be taken.

This Audit Report was presented to Managing Director, OSCB, Regional Director of Reserve Bank of India, Accountant General of Odisha, Commissioner-cum-Secretary, Cooperation Department, Registrar, Cooperative Societies, Odisha. But no action was taken on this report by any authority.

 Activists  as Petitioner

The illegal extension of service   of employees and whimsical revision of pay and allowances of the employees without approval of Registrar, Cooperative Societies caused around 100 crores of revenue loss  in the preceding years.  Referring it, In 2016, Sri P.C.Mohanty filed a complaint to the State Government alleging misappropriation of Rs. 100 crores in OSCB. On 16.3.2016, the Cooperation Department in its letter No. 2209 dated 16.3.2016 sent the copy of allegation to Registrar, Cooperative Societies for an inquiry into it. It was kept cold storage for more than one year without any inquiry. When it was exposed in public domain, the office of Registrar, Cooperative  Societies sent a letter dated 30.6.17  directing to the Deputy Registrar and Assistant Registrar of the Cooperative Societies to conduct joint inquiry into allegation of misappropriation of fund within 15 days.  Nothing happened.  Again on 14.3.18, the Deputy Registrar, Cooperative Societies,  wrote  a letter  to Sri T.K.Panda, Managing Director, OSCB  ( referring previous letter no. 15609 dated 21.9.2017  and   letter no. 4074 dated 21.10 .17 ) to produce the  following  documents –
i.    Supporting documents to ascertain the fact that management of Bank is competent to revise the salary  and allowances  and copies of related  Board resolution.
ii.   Seizure list provided  by the Vigilance Department while making seizure of  required minute Book of the management committee meeting.
iii.  Pay roll of staff from 2009 to 31.3.2017
iv.  Staff service rule in original
v.   Circular and guideline of RBI and NABARD on manpower engagement in all cadre of OSCB.
vi.  Original order of enhancement of retired age.

But astonishingly,  the MD, OSCB  has not produced  any document to RCS, Odisha.

 On RTI query about inquiry report, on 18.7.18., the PIO, office of Registrar, Cooperative Societies has intimated that the inquiry is under process. It means no inquiry has been conducted within 3 years of petition filed to State Government.

Complaint to Director, State Vigilance
In 2015 and 2016, two complaints about huge corruption and irregularities into   software and computer procurement, private share procurement, illegal lending in Rourkela and Koraput, illegal extension of service of the employees of OSCB  was  filed  by RTI Activists  Sri Pradip Pradhan,  Biswajit Mohanty, Sri Sudhir Mohanty  and Sri Ashok Nanda  to  Director , State Vigilance seeking an inquiry  into the matter and demanded  action against  Sri Tusar Kanti Panda, Managing Director, OSCB. The team also personally met Dr. R.P.Sharma, the then Director, Vigilance (presently Director General of Police) and appraised him about the scam.  No inquiry has been conducted by State Vigilance till yet. It has been suppressed, as sanction was not granted from office of Chief Minister.  

Dr. Damodar Rout, Minister acted as Whistleblower

After receiving series of complaints and petitions from public, Dr. Damodar Rout, the then Minister for Cooperation, Govt. of Odisha wrote a letter dated 3.4.2017  the Superintendent of Police, Vigilance,  Bhubaneswar forwarding all petitions  relating to misrule, misappropriation of  fund, committance of gross finance irregularities against present Managing Director Sri T.K.Panda  seeking inquiry into it. Dr. Rout’s  contention was “ I remember to have had endorsed these allegation petitions containing my observations to RCS, Odisha and Principal Secretary , Cooperation department many times. But I am shocked neither the matter was enquired   nor action taken and I am really disturbed to receive such petitions every now and then. Besides wide media coverage depicting massive corruption has become matter of concern. Even statutory regulatory authority under Odisha Cooperative Services Act  has been unconcerned even after special audit. It appears the continuous inaction and callousness of the supervisory officials and authority and their role may not beyond suspicious. Therefore, I refer this matter  to you for thorough probe into the allegation involving misuse of public fund vis-à-vis the role of RCS, Odisha and AGCS .”  It is interesting to note here  that despite  Minister’s  reference  several times ,  neither  the matter  was enquired , as Sri T.K.Panda, MD, OSCB is highly protected  by Chief Minister’s office.

 T.K.Panda, MD, OSCB- Not only  corrupt but great Manipulator  under patronage of CM’s Office

 Sri T.K.Panda Managing Director of Orissa State Cooperative Bank has been able to manipulate to continue in service illegally w.e.f. 1.11.2013 after his retirement age of 58 years on 31.10.2013    taking plea of an unauthorised resolution of the Management of OSCB dt.6.05.2009 to enhance the superannuation age of employees of OSCB from 58 years to 60 years violating the statutory order No.21098 dt.1.10.2010 of RCS (O) which prohibited extension of service of employees of Cooperative Societies after their retirement age of 58 years.

During his such illegal continuance in service beyond his retirement age after 31.10.2013, his service was once again extended up to 62 years on 21.08.2014 from 1.11.2015 to 31.10.2017 as per recommendation of Professor and HOD of Computer Science Deptt of IIT Kharagpur (Who was a member of the high value controversial CBS procurement committee as consultant of ODCB) on the pretext that second line officers of OSCB are not capable to move forward the CBS computerization project of OSCB successfully overlooking the statutory ban order for extension of service imposed by RCS mentioned above. The CBS software implementation is a big disaster in Cooperative Banks due to defective CBS software procured from v-soft.

During his tenure Sri Panda had allowed around 60 number of high salaried employees of OSCB to illegally continue in service beyond their retirement age of 58 years up to 60 years without approval of Registrar of Cooperative Societies basing on the unauthorised resolution of the Management of OSCB dt.6.05.2009 to enhance the superannuation age of employees of OSCB from 58 years to 60 years violating the statutory order No.21098 dt.1.10.2010 of RCS (O). 

He had also illegally twice revised salary of employees of OSCB at par with RBI in collusion with the employees and Board members without statutory approval of Registrar of Cooperative Societies twice during his tenure over looking provisions of Orissa Cooperative Societies Act, 1962 and disbursed huge amount of arrear salary when the Bank was being bailed out by Government of Orissa from being closed by pumping of huge share capital of Rs 54 Crore to enhanced it’s Capital base  (CRAR 9%) to meet RBI norms since it’s share capital had substantially eroded due to the nonrecoverable (loss catagory NPA) loan of Rs 48 Crore granted to Bijayananda Cooperative Sugar Mills during his tenure and apart from other NPA loans. As per law the entire unauthorised expenditure made for extension of service and  illegal revision of salary of staff without approval of Registrar is recoverable from him. He has successfully thwarted the inquiries conducted on the above matter by putting pressure on the concerned officials.

In 2010, he was appointed as MD of OSCB by the then Management of OSCB headed by Sri Jagneswar and dropped the disciplinary proceedings against him without any inquiry and did not even accept the draft charge sheet forwarded by vigilance department against him. Due such illegal favour and collusion with the Management Sri Panda not only escaped departmental action but was instrumental financing of Rs 48 Crore to Bijayananda Cooperative Sugar Mills overlooking Credit Monitoring guideline of NABARD which restricts financing of Rs 5.23 Crore to the said sugar Mill as per their eligibility as pointed out by NABARD in their statutory Inspection report of 2012.

 Despite of several allegations of financial irregularities pertaining to illegal financing and unauthorised expenditure etc., Mr Panda could manage to get another term extension of service by adopting an illegal Board Resolution in this connection on 7.10.2016 to extend his service for three years. His extension of service has been justified by the President of OSCB vide his letter No.1688 dt.29.06.2017 and letter No.3201 dt.13.09.2017 giving false and misleading information to Government that no other officer satisfyingly ‘Fit and Proper Criteria’ prescribed by RBI are available for appointment to the post deliberately citing the old guidelines of ‘Fit and Proper Criteria’ of RBI dt. 18.06.2008 suppressing the revised guidelines of RBI issued vide letter No.8843 dt.3 3.2009 and letter No.137 dt. 5.7.2011 in respect of the ‘Fit and  Proper Criteria’ for CEOs of State/Central Cooperative Banks. As per the revised guidelines, Post Graduates in any discipline with eight years work experience in middle/senior level posts in Banking sector are eligible for the post of MD of OSCB and it is understood that a good number senior officers of OSCB including the seventeen CEOs of DCCBs are complying the ‘Fit and Proper Criteria’ for the post of Managing Director of OSCB. 

However, with  kind intervention of Government,   extension of service of Sri Panda was curtailed to six months and Chief Minister / Chief Secretary  had passed order to identify suitable substitute of Sri Panda. But unfortunately instead of trying to identify T.K.Panda’s successor as per order of Hon’ble CM, Sri T.K.Panda in connivance with the President and some Board members of OSCB  again extended his service up to 70 years in the MC meeting of OSCB scheduled held on 23.02.2018 vide agenda No. 10 taking plea of recent NABARD Circular No.13/IDD-01/2018 Dtd.17.01.2018.

More over to hoodwink the Hon’ble Chief Minister and Chief Secretary an advertisement has floated seeking applications for the post of MD OSCB giving relaxation of age beyond 62 years to apply in case of existing employees of Scheduled Cooperative Banks with the sole intention of appointing him again through backdoor means. It is very interesting to note that the qualification for the post of MD, OSCB stipulated in the screening committee notification of Cooperation Department dated 6.3.2018 is as per the old ‘fit and proper’ criteria prescribed by RBI dt.18.6.2008, whereas, the qualification stipulated in the advertisement for said post of  issued by Cooperation Department on 7.3.2018 is different and is as per the revised ‘Fit and Proper’ criteria prescribed by RBI dt.3.3.2009 and 5.7.2011.  

Apart from Kerala in Himachal Pradesh, IAS officers are still posted as Managing Director of State Cooperative Bank despite implementation of Vaidyanathan Committee Recommendation  (VCR) for posting of professionals in State and District Cooperative Banks complying "fit and proper criteria" prescribed by RBI. Currently one Ram Kumar Goutam from Himachal Administrative Service is posted as Managing Director of HPSCB wef 9.1.2018 after Gopal Sharma IAS who was MD of HPSCB from 9.5.16 to 9.1.18. All along IAS are posted in HPSCB for transparent administration and better coordination with District Administrations. But it is hard to understand why in Odisha, a tainted person having several allegations of serious financial irregularities, vigilance cases is given repeated illegal extension of service and some top bureaucrats are again hatching conspiracy to reappoint the said incumbent by hook or crook through back door means up to 70 years taking plea of age enhancement guideline of NABARD dated 17.1.2018 though he has already crossed 62 years.

T.K.Panda dares  to manipulate  all  Govt. procedures   to continue in service taking extension time and again and succeeded  in  influencing all authorities not  to conduct any inquiry  into alleged  corruption and irregularities  in OSCB even despite order of concerned Minister, Vigilance  could not conduct any inquiry into it. It has only been possible because of patronage from office of Chief Minister. 

This is just glimpse of  corruption and how   corrupt officials   continue  to prosper in Odisha with all tacit support  from Chief Minister, Odisha.
Pradip Pradhan
M-9937843482
Date- 1.8.18



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