RESIGNATION OF COL JAGDISH MADAN FROM THE MC

Construction of a temple in the Society is an emotive issue and, therefore, requires adhering to proper procedures, laid down norms and thorough planning. Besides, such important issues cannot, and indeed never, be initiated without the mandatory sanction of the Management Committee (MC) as well as the General Body.  The issue was discussed in the MC Meeting on 5th Feb 2014 and, rightly, it was agreed that it will be included in the agenda of the GBM scheduled to be held on 2nd March 2014. However, the decision of the MC was circumvented and the construction commenced with shortage of water being used as a subterfuge. 

NOTICE BOARD BATTLES

1.         Please refer to letter dated 1^st Feb 2014 addressed to members by Shri LC Tomar (Placed opposite).

2.         There are three issues that have repeatedly been mentioned in various Notices and letters by Shri LC Tomar; these are:

            (a)        Rana case details; and

            (b)        Increase in penalty for wastage of water.

            (c )       Performance of Society Lawyer.

3.         Rana Case. The case is in final stage of culmination in the High Court and details of the same have been more than adequately covered in GBMs and letters to members by the previous MC. Suffice to say that any blame game at this stage will only create an atmosphere of belligerence in the Society. Since we have no control over the outcome of the case, there is hardly any merit in throwing mud on each other.

4.         Water Wastage Penalty. While there is no argument against imposition of a penalty on those who waste water, such increase in the penalty should have been taken by the MC. Since the Secretary had taken the decision, it should have been validated by the MC in its meeting and a record thereof made.

5.         Performance of Society Advocate. The Society’s advocate, Shri DS Patial has successfully fought the following cases:

(a)        Anil Sharma Vs AK Malpani and Ors in the Court of Shri Sanjay Jindal in District Courts, Dwarka.

(b)        AK Malpani and Ors Vs Anil Sharma in the Court of Shri NK Kaushik in District Courts, Dwarka.

(c )       (Anil Sharma Vs DIN CGHS Ltd.) in the court of the Financial Commissioner.

(d)       Amrit Kaur Vs DIN CGHS Ltd in the Court of Ms Anu Grover Baliga in District Courts, Dwarka.

6.         In addition, Shri DS Patial has given invaluable advice in the following cases:

(a)        Chand Case*. It was his advice that we negotiate with Chand Construction Co. rather than continue fighting a futile case. The Society saved Rs twelve lacs.

(b)        Jeet Raj Sethi Case*. The advice by Shri DS Patial was responsible for an out of court settlement of the case.

*          The Society was clearly at fault in both the cases and was fighting the cases only to delay the inevitable outcome. There is no record of the amount paid to the lawyer hired to fight these cases in various courts.

7.         It should best be left to judgments pronounced by various courts in the cases listed above to gauge the competence of Shri DS Patial; differing personal opinions on his performance notwithstanding.

8.         Any controversy on above issues is unnecessary and totally avoidable. It is a waste of time and just not worth the trouble. There are bound to be differences of opinion on any decision by the MC. It is recommended that such differing opinions be discussed in MC meetings and a common response presented.

                                                                                                                       

Sd/xxxx

(Col Jagdish Madan, Retd)

                                                                                                            02 Feb 2014

Shri VS Nagar

Shri Ashok Emani

Shri Vinod Dangi

Smt  Vaishali Chitre

Col RD Sharma, Retd

Shri K Ramachandran         -           Vice President

Smt Swapna Ghose               -           President