Corruption in Army stores

The Price Of Keeping Watch

LT COL BS GORAYA FACES THE WRATH OF HIS SUPERIORS FOR EXPOSING AN ARMY CANTEEN FRAUD. KUNAL MAJUMDER REPORTS

THE RED BADGE OF COURAGE

March 14, 2009 Goraya finds illegal watches being sold without proper billing in the Kalka Battalion canteen. Informs his Commanding Officer, Col Shad

May 08, 2009 In Shad’s absence, Goraya seals the almirah from where a bill for 200 watches, worth Rs 1.3 lakh, in the name of the CO is retrieved later

May 25, 2009 A Court of Inquiry is instituted to look into Goraya’s allegations of corruption against Shad. Shad accuses Goraya of misconduct

May 11, 2010 After COI exonerates Shad, he is promoted to the NSG as Logistic Commander, even as Goraya struggles to get his due promotion

RESIDENTS OF northern Jammu & Kashmir have long grown used to a river of military tankers winding their way past the icy peaks overlooking Kargil. Their destination: Leh, site of the army’s largest oil depot. In 2005, in a major embarrassment for the military, a major racket was uncovered: many “fuel” tankers were found to be carrying water, not diesel. Though several officers including a brigadier were charged with criminal conspiracy, a quick remedy — and preventive measures — was the need of the hour. The right man for the job turned out to be 43- year-old Lt Col Baljinder Singh Goraya, who, in his earlier posting had shown himself to be someone who brooked not even the faintest scent of graft — he had gone so far as to have his commanding officer booked for corruption.


COL VK SHAD
Former Commanding Officer of the army's Kalka Battalion, now promoted to the NSG, has a number of corruption charges against him.
Few can take the rigours of the cold desert and separation from their families for more than a few months; Goraya soldiered on for three years. The result? An efficient, pilferage-proof logistics system to fuel strategically crucial operations not only in J&K but also on the Siachen glacier. True to his principles, Goraya reported cases of corruption wherever he saw them: in 2007, truckers were found shipping empty oil barrels and wheat sacks, and taking money from both the army and the Food Corporation of India. In 2009, Goraya received the Chief of Army Staff’s Commendation when he found and fixed chronic, critical inadequacies in aviation fuel supply for forward areas of Ladakh. With 18 years of service behind him, when Goraya reported to a posting in Kalka, Haryana, after his extremely successful Leh stint, the omens looked bright for him. They were misleading. Goraya has been denied promotion, has been summarily attached to headquarters and continues to face daily harassment from his superiors.

On March 14, 2009, Goraya went to the battalion’s canteen to buy some gifts for a visit to his hometown. While he got a proper bill for his other purchases, he was given a handwritten bill worth Rs 289 for a ‘BPL Watches’ wristwatch. Queries revealed a glaring irregularity — the watches were absent from the canteen’s stock registers and their sale proceeds were never deposited in the bank. Shockingly, the canteen staff told Goraya that the procedure was adopted on the orders of Col VK Shad, the Commanding Officer (CO). That very day, Goraya wrote a letter to Shad about this practice, placing the matter on record and then proceeded to go on leave. This missing bill for a watch worth a mere Rs 289 would lead to a full-blown investigation and a Court of Inquiry (COI) to examine corruption among senior officers.

When he returned, Goraya began to dig a little deeper. On May 8, 2009, he asked the canteen adjutant for the bill under which the watches were procured. “The adjutant called up the CO who was away on temporary duty. The CO ordered her not to hand over the bill,” stated Goraya in the COI. Goraya then called up Western Command HQ, asking for someone to intervene and help retrieve the bill. He was ignored. As the senior officer in Shad’s absence, Goraya had the cupboard in which the bill was kept locked and sealed. On his return, an incensed Shad alleged in writing that Goraya was guilty of mutiny. Although Goraya immediately communicated these events to Maj Gen RK Kalra, Shad’s superior and the officer in charge of discipline for Western Command, Goraya states that he observed “inaction” on Kalra’s part: the cupboard remained sealed for 13 days. Ultimately, the cupboard divulged damning evidence: a bill for 200 watches from “Empire Electronics” dated November 2008 worth Rs 1.37 lakh in the name of “CO, 5682 ASC Bn” (Shad’s designation).


LT COL BS GORAYA
An army officer with a history of whisteblowing, faces the brunt for exposing his superior's corrupt practices. His promotion has been pending for over a year.
Western Command instituted a COI on the issue on May 25, 2009. Shad denied the allegations of wrongdoing levelled at him by Goraya, retorting instead that Goraya was aware of the sale of wristwatches before the incident. “The officer is being tried for levelling false allegations. He’s trying to subvert the judicial process,” Shad told TEHELKA. Shad testified before the Court — without offering evidence to support his claim — that he had informed Goraya about the illegal sale of watches through a letter and had also discussed the matter on February 7, 2009. The COI discovered that the racket had been on since 2003 and found that a fortnight after getting the letter from Goraya informing him of the racket, Shad ordered another officer to ‘streamline’ the sale of wristwatches.

SHAD HAS BEEN PROMOTED TO THE NSG IN SPITE OF ANOTHER PENDING FRAUD INQUIRY
Goraya revealed another matter to the COI: liquor companies such as Diageo, the UB Group and Radico Khaitan, — which are paid through Canteen & Stores Department HQ in Mumbai — had given Shad cash and cheques for “sponsoring events”. While Shad claims this was merely a continuation of past practices and that he had received only small amounts, army regulations strictly prohibit personnel from receiving money from companies. Shad levelled a volley of counter-allegations: among them, Goraya had allegedly, ‘cancelled New Years’ celebrations,’ ‘changed the décor of the battalion’s guest room’ and, ‘was unaccompanied at some official functions by his wife.’ The Court found no merit in these charges.

SURPRISINGLY, THOUGH the findings acknowledged Goraya’s role as a whistleblower, they credited Shad with stopping the illegal trade in watches, reasoning that Shad was merely continuing a past practice. But if Shad was aware of the racket since his posting as battalion CO in 2008, why did he stop it only after Goraya detected it and formally placed it on record in March 2009?

Ultimately, Shad was given a plum posting: Commander (Logistics) for the prestigious National Security Guards. Goraya, however, continued to be targeted: On August 11, 2009, he was shunted out of Kalka battalion and attached to HQ. His promotion, which was due in May 2009 has been delayed for over a year. Goraya appealed against this delay to the Armed Forces Tribunal, which ruled in his favour on April 30 this year, asking the Military Secretary to consider his promotion. The army, however, plans to challenge the Tribunal’s ruling in the Supreme Court.

Why is a whistleblower being subjected to so much harassment? Why was the COI so lenient towards Shad? When contacted, the Western Command would only reply, “The case is under active consideration and a decision will be taken on merit.” Interestingly, on May 12, 2010, another COI was instituted against Shad to look into yet another canteen fraud in Kalka battalion.

A senior officer points out on condition of anonymity that the army is the only organisation whose regulations state that it is the “obligatory duty” of anyone in military service to immediately inform his immediate superior of any incident of dishonesty or fraud. However, he points out that unlike the US, India does not have any law to protect whistleblowers. Until such a law is enacted, officers like Lt Col Baljinder Singh Goraya will continue to be targets.

WRITER’S EMAIL
kunal@tehelka.com


From Tehelka Magazine, Vol 7, Issue 23, Dated http://www.tehelka.com/story_main45.asp?filename=Ne120610the_price.asp