URJA SANGAM OF GOVT OF INDIA Vs CORRUPTION OF PSUs
URJA SANGAM OF GOVT OF INDIA Vs CORRUPTION OF PSUs
At a time, when Urja Sangam- 2015 is being organized at New Delhi with the theme ‘Shaping India’s Energy Security’ and all leading energy companies are participating in the meet with a view of shaping strategies for larger economic growth and achieving high energy security, there is something that these nig companies are still missing for becoming world leaders. These things are high commitment to ‘integrity’ , ‘accountability’ and ‘transparency’. Most of these companies are Public Sector Units and comes under Maharatna status also, while very few examples have come from their side where they acted upon cases of corruptions, and still in many forms, lack of integrity exists. This corruption doesn’t mean always an economic or financial terms, instead lack of commitment towards actions, lack of sympathy towards society and social destructions etc comes under this. When we talk about honesty and commitment in these leader companies, we know very few names of top leadership and of some middle managers like Manjunathan. But unfortunately, it is a bitter truth that the cause for which Manjunathan died, is till surviving. Unfortunately, we are not able to see more Manjunathans.
There is one small experience of bureaucracy and lack of action in one such company named Indian Oil Corporation Limited (IOCL). In this case, many efforts were done to make them understand about what wrong is going on under their jurisdiction and whatever the reasons are, it would be stop. But efforts are just failure. Authorities in IOCL were approached, through letters, RTIs and even e-mails. Not only is this, but even through social media, but result still not fruitful. What is saddening is that these are too simple things to request for. The case for which I am following and writing, knocking all doors, is just a case that would be automatically resolved if IOCL would have any ethical and stringent practice of dealing its dealers. It is a ‘digital India’ that was promised by Prime Minister and it was instructed to all departments also to become available in responsive mode on social media also, but here, it seems that even promises and vision of prime minister have been diluted and even destroyed by no other than their own big brand companies.
Case comes from Uttar Pradesh, a state that is highly populated, and where petrol/diesel pumps of oil companies are already infamous for belonging to powerful persons like politicians and mafias. Even if the license of these pumps are allotted on other names, like of their relatives, friends, slaves and on the name of even women members of their family, but in actual, it is only they who control and earn revenue from these filling stations.
It is reported that in a case of supplying fuel to one of its filling station named M/s Rudhauli Filling Station (in Basti district of Uttar Pradesh), that is getting supply of diesel from Indian Oil Corporation Limited, it is found that fuel is being supplied to filling station while land lease has already been expired in August 2014 and no longer valid.
This filling station (A diesel station) pertains to District Basti of Uttar Pradesh that comes under UPSO-I marketing division of Indian Oil Corporation Limited. For getting the license from IOCL, licensee had submitted proof of availability of land through a long term lease of 30 years.
In the case of this filling station, it was licensed on the name of Mr. Ram Bachan (who got the license through powerful local people including of a local politician) but as land was not available, it was arranged with request to a local person named Mr. Orilal. Mr. Orilal was a person famous for his helping nature in the area. Orilal denied to sell the land, but to help the licensee, he provided the land on lease basis for 30 years on negligible lease amount that was promised to be paid annually by licensee on legal papers.
Now, after death of Orilal, their legal heirs (their sons), who were common persons and migrate to other cities in search of employment, started facing difficulties for all other land they belong to in the area. Their other lands were captured by local land mafias and because of the non availability of money or muscle power, they could not do anything to resist, besides court cases that are still ongoing in local courts since last 10-15 years. On this particular land of filling station, they approached to licensee to request for payments of at least lease amount that was legally promised on papers, though it was negligible amount; however the Licensee (owner of filling station) denied giving any amount. Then they told Licensee to vacate the land but nothing was done by Licensee.
As lease was legally valid for which lease duration of 30 years was going to be completed in August 2014, land owners were in thought that IOCL will automatically push the licensee to renew the lease or to have a new/existing land owned on the name of licensee. Land owners wrote a letter to IOCL asking through RTI about details of policy/rules and regulations/conditions/eligibility details according to which this filling station was allotted and received a response from IOCL vide its RTI reply dated09.03.2011 that this dealership was awarded in the year 1985 by the then dealer selection board and records pertaining to dealer selection board are not available. IOCL did not reply anything of the question that what actions will IOCL take after expiry of land lease.
Present dealership agreement of this filling station was renewed on 22.04.2010 and will be in force for another 15 years. While, it is a wonder that IOCL did not see any need to provide an advance notice that in between land lease will be expired on August 2014 and therefore any extension from August 2014 to April 2015 will be on terms and conditions of lease renewal. Ignoring the fact or unintentional carelessness, whatever it was, but unfortunately, it went on and still continuing. It is also not known if IOCL is going to renew another term to the same dealership.
When licensee did not contact to land owners even after time was lapsed, land owners wrote to IOCL again that on what basis it is supplying fuel to filling station. It was also told to IOCL that land owners do not desire to renew the land and therefore any document of renewal must not be accepted by IOCL without having confirmation with land owners.
When despite these letters and follow ups, fuel supply did not stop, a letter to Ministry of Petroleum was also sent by representative of land owners and in turn a letter by MoPNG was sent to IOCL vide General Grievance/ 804/2014/ Special grievance cell dated 22.09.2014 under grievances. IOCL responded to representative of land owner vide letter dated UPSO-I/retail/PG/618 dated 17.11.2014 that it know about the case and dealer is ‘making efforts for lease renewal’.
It is also wondering that the same IOCL , that is ‘considered’ an invalid ‘undertaking’ sufficient for continuing the supply of fuel, the same IOCL did not consider RTI appeal filed by appellant Ravi Nitesh after unsatisfactory and incomplete reply he received. In response to first appeal of Ravi Nitesh, IOCL vide its response dated 06.02.2015 simple said that time of one month passed, it will not provide any reply in this case. And in this way did not ‘consider’ anything on this issue, while providing RTI reply was not illegal or invalid while considering the undertaking of land lease was.
Now, it raise concern that when land owners themselves are approaching directly that they are not renewing the land and neither licensee approached them, then how IOCL can state such a term of ‘in process of renewal’.
Also, if a company of repute like IOCL believes that ‘undertaking’ is sufficient, it has not provided that how long this one sided undertaking will work. As far as company practice works for continuing operations, any corporate considers ‘undertaking’ only if any such activity is pending before statutory authorities and has already been applied. No company generally accepts any such undertaking where statutory agency is not involved and the requirements were to be fulfilled by person(s) (land owners in this case).
It all raises serious questions upon IOCL working. Representative of land owners Mr. Ravi Nitesh tells that ‘We know IOCL that had officers like Manjunathan, and now we can see officers who are just opposite or atleast who are not as vigilant as Manjunathan was. It is a case of suspecting ‘integrity’ of concerned officials who have adopted careless approach over the issue and who have not demanded land validity papers before expiry of land lease and more than that who authorised IOCL for continuing supply of fuel (diesel) to this filling station despite expiry of validity of land. Case becomes more complicated and seems a nexus of money- muscle and mafia because it is not only a simple ‘carelessness’ , but it is ignored intentionally as officials have already been informed about non validity of land lease. What can you say when even letter of Petroleum ministry is just a paper for dustbin for these officials. No action or carefully ignorance is actually a corruption and in this case, even corporate fraudulent in such public sector units are exposed, where merely an undertaking is sufficient instead of having a valid legal lease agreement. I also tagged IOCL and MoPNG on social media, but as these are government agencies, it seems they are not concerned about transparency and accountability. ’
I sent letters again to Minister, Petroleum and Natural Gas as well as to IOCL officials to review their actions and to stop supply immediately to this filling station. I have also sent emails to Ministry as well as IOCL officials, but did not receive any reply yet. I expect that senior and honest officials will certainly look in the matter and will not only stop fuel supply but will also take actions against concerned officials who are considering an undertaking as a perfect document.
Also, there should be a way out to timely handover old dealerships to new persons. A filling station already provides a good margin to dealer and long term agreements of dealership with oil companies provides a chance to earn huge revenue to dealers. But as oil belongs to government, and government has responsibility of feeding stomachs of growing India, it must provide a chance to new persons by handing over old dealerships. It can be like a retirement plan that even government servants have. This dealership must have a retirement plans of something like 20-25 years after which a new person selected by panel can take over the license.
It is to note that it was Uttar Pradesh where an IIM passed IOCL officer Manjunathan was found dead in a case when he was trying to expose fraudulent practice and corruption on a filling station of IOCL. Now, there are awards on the name of Manunathan and accused is still in jail. A bollywood movie upon him may also knock the market in near future that will again build reputation of honest IOCL officers, but here in this case, it seems that probably in ground realities there is something that need to be changed and checked. It was a corruption that claimed life of Manjunathan, but why we are not in making of more Manjunathan? Can we say that all filling stations are running transparent, corruption free and without nexus? If not, then it needs to look upon ad at least in this case, it is an evidence where we are bypassing spirit of Manjunathan.
By Ravi Nitesh
