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After FM cleared Bhave extension, advisor stepped in to roll it back

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P. Vaidyanathan Iyer

Posted: Apr 23, 2011 at 0220 hrs IST

New Delhi When stock market regulator C B Bhave stepped down as Securities and Exchange Board of India chairman on February 17 this year, it was seen as a routine event, the end of his three-year term. Behind the scenes, however, the chain of events was anything but routine.

Records available with The Indian Express reveal that more than a year before his term was to end, Bhave was cleared for another two years by Finance Minister Pranab Mukherjee. This, after Mukherkee asked for — and got a positive recommendation from then Finance Secretary Ashok Chawla —on his performance.

Sources said a section in the Finance Ministry had concerns regarding Bhave’s earlier stint with National Securities Depository Ltd (NSDL) and his very public spat with Multi-Commodity Exchange of India Ltd (MCX), an electronic exchange that offers trading services in commodities.

But after the Finance Ministry formally wrote to Bhave seeking his consent, Bhave sent a letter to Chawla saying he was willing to accept a two-year extension. Until the intervention of Omita Paul, Advisor to Finance Minister.

It was her note suggesting that no action was needed so early that, records show, was the tipping point: Mukherjee put on hold the process for eight months. The Finance Ministry called back the proposal on tenure extension sent to the Appointment Committee of the Cabinet in January 2010.

In August 2010, or six months before Bhave’s term was to end in February 2011, the Department of Economic Affairs again moved a proposal seeking his extension. This time, though, in a U-turn, Mukherjee said action for “fresh selection” may be initiated.

When contacted, Paul said she would not like to comment.

But sources close to her office said that the NSDL and MCX matters were “unresolved issues that had put the Ministry in a spot.” When Bhave was CMD of the country’s largest depository NSDL, Sebi served it a show-cause notice in April 2006 for its alleged role in the fake demat IPO scam. After Bhave was appointed the stock market regulator, the Sebi board (excepting Bhave, who recused himself from the decision making) cleared NSDL of all charges in February 2010. But the Supreme Court is still to clear NSDL in the case.

Sebi, under Bhave, did not give MCX Stock Exchange Ltd (MCX-SX), promoted by MCX and Jignesh Shah-founded Financial Technologies Ltd, the licence to offer trading services in equity and derivatives despite repeated requests. MCX-SX was allowed to trade only in currency derivatives since it did not conform to public shareholding norms specified by Sebi in letter and spirit.

Bhave declined to comment on his standoff with the MCX — it has taken SEBI to court after waiting for over two years for a green signal from the regulator to offer equity and derivatives trading — and the matter is sub judice. Asked about his extension, he confirmed to The Indian Express that he was sounded out and did agree to accept. “It’s strange that after seeking my willingness (to continue for two more years) nobody got in touch with me on this issue,” he said.

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reply to post by commodity tips on 14 Jun 2011

Lot of global tensions is going on at this time. Japan is expected to pull out its money from the global market as they want to revamp their country now. In current scenario anything can happen in the Share market Investors are advised not to panic and stay invested only safe traders and Stock Tips investors should exit their long positions on every high and one can use every decline as an opportunity to enter market again. Regards Commodity Tips

Strange by ashok on 23 Apr 2011

Strange indeed would it be for a bureaucrat to decline an extension.

CBB by C2 on 23 Apr 2011

The system does not allow honest officers to stay put. Why should Omita Paul interfere on behalf of a private company and influence a public appointment. Now SEBI has stated undoing all things that CBB did so well. The same thing happened when GV Ramakrishna was replaced as Chairman of SEBI by Nadkarni. SEBI became overnight a darling of the broking community, which was shown its place by GV Ramakrishna and CBB, who was then Senior ED at SEBI. Post GVR, brokers were never investigated and were let scott free. One thing is clear - if your have people at right places in Delhi, you can have your say and way in anything and everything you want. For one Anna hazare, there are thousands of corrupt bugs in Delhi and other power centers which crop up like Paul. May be a PIL should be made to investigate the role of MCX in deciding the regulator and the role of Paul

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