Monday, December 3, 2018

Criminal Investigation in frauds in Cosmos Bank


Ref: KVS/Frauds in Cosmos Bank/201819/005

December 3, 2018
IMMEDIATE ATTENTION

 
Mr. Rajiv Jain
Dy. Commissioner of Police
Economic Offence Wing
Banking Unit
C P Office Compound
Mumbai – 400001                             
E-mail: dcpeowzone-mum@mahapolice.gov.in

Sir,

Sub:     Complaint regarding Fraud NPAs – Cooperative Banks – New Age Bank Robbery/ Thuggery in Cosmos Co-operative Bank Limited, Cosmos Towers, ICS Colony, Ganesh Khind Road, Pune – a multi-state cooperative bank.
 
Ref:     1. My complaint letter dated 21/08/2018
            2. Letter dated 28/11/2018 from EOW, Mumbai Police.

 
This has reference to your letter bearing No. 398/DCP/EOW/2018 dated 28/11/2018 in response to my original letter dated 21/08/2018.

Let me fist thank you for taking some time after 4 months to write to me on an issue that is of national importance.

You have stated that since Cosmos Bank is a multi-state cooperative Bank, you have forwarded the said application to Central Registrar without carrying out any investigation. Let me state at the outset that it took you 4 months to write this nonsensical letter just reflects on the state of affairs in the EOW, Mumbai Police.

The complaint filed with you along with other agencies is for the fraud committed by the Directors and the Borrowers on the Bank. The investigation into the fraud squarely falls within your jurisdiction. If fact, I am attaching the letter dated 25/08/2018 from Central Registrar of Co-operative Societies, New Delhi that NPA and fraud surrounding to NPAs falls within the administrative supervision of RBI, Department of Co-operative Baking Supervision, Mumbai.

However, the criminal investigation into the lending of crores of rupees as stated in the list given to you without any collateral or inflated collateral squarely falls within your jurisdiction or the CBI’s jurisdiction.

It is fact that you sat over the complaint for 4 months and simply passed it to Central Registrar who has admittedly no jurisdiction for criminal investigation on a ground as stated by you is simply bizarre – to say the least.

EOW, Pune is investigating the frauds against DSK Developers Limited. Directors are in jail. DSK Developers Limited is incorporated under the central act called Companies Act, 1956. So by your stunted logic, the matter should have been dealt with by the Registrar of Companies, Pune or Mumbai and Ministry of Corporate Affairs, New Delhi! Did you (EOW, Maharashtra Police) write to Ministry of Corporate Affairs or the Registrar of Companies to investigate the frauds played by this company? No. By your logic, you should have. It is a different matter that EOW started investigating only after receiving a flak from the judiciary.

For your information, Chatushringi Police, Camp Police and Nigdi Police stations in Pune are investigating criminal complaints by and against the Bank in some bogus vehicle loan matters and in one case, forgery of documents allegedly by the Directors of the Bank. By your logic, these police stations are doing something that is not within their jurisdiction. Isn’t it? By your logic, the Hon’ble Bombay High Court is stupid not to understand that EOW, Pune or Pune Police have no jurisdiction as stated by you to investigate.

Your reply has forced me to go into the possible reasons for your reluctance and/or failure to initiate the investigation:

1.      You are incompetent; or
2.      You are influenced by extraneous factors – like pressure from some politicians/higher ups or extraneous considerations.

There cannot be any third reason that I can envisage.

Since you are working as IPS cadre and is promoted based on your performance/educational qualifications, I am not prepared to infer that you are incompetent.   

The second point seems plausible and possible. Is there is coercion on you from any politician or higher authority in Mantralaya not to investigate this complaint? If that is the case, I request you to kindly reveal the name of that Minister/Bureaucrat who is prevailing upon you for not initiating any investigation. If you are unable to disclose the name of such person, will I be faulted if I were to draw necessary inference on the basis of the remaining point – i.e. being influenced by some extraneous considerations.

Investigation into fraud, financial misfeasance, cheating, misappropriation of funds, diversion of funds, etc. falls within the jurisdiction of you/CBI and no one else.

I once again request you to take this matter seriously and initiate investigation into the fraud loan accounts enumerated by me in my letter dated 21/08/2018. If you are not in a position to initiate any investigation into the fraud played by the Directors and the Borrowers on the Bank, kindly let me know in detail your specific lawful, logical and palatable reasons for your such inability without any further delay so that I can approach the other forum/fora to highlight the deep rooted corruption in the system at various levels and bring this rot to the knowledge of public at large through the media – both social and main stream to wake you up from your pretended slumber.

Hope you would take the matter seriously. Needless to say, if you need any information from me, I shall be pleased to furnish the same in person at a mutually convenient time.

Thanking you.

Yours faithfully

Kishor Satwick

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