Protection of disabilities child Act (1950) and Act (2009)

Protection of disabilities child Act (1950) and Act (2009)

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Nuclear Power Corporation of India Limited /DEPARTMENT OF ATOMIC ENERGY started this petition to Hon'ble President of India and Chief Justice of India

 

Letter No.DR.SR/TMS/ SC.POI -72/2019-4, Dated- 07/04/2019                                                                                              

Through proper channel-complaint is being sent directly as it alleges involvement of higher officials and it is learn that of previous complaints are not forwarded still , my email ID blocked, not responding to my representations, refused appointment by TMS Site director, NPCIL Director (HR) & CMD of NPCIL and DAE Chairman & Secretary ,refused to forward my applications. In view of that direct representations is not a violation of rules, regulations and conduct rules, the concerned authorities are hold responsible an accountability.

Appeal under Article 51A in The Constitution Of India to Fundamental duties It shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, safeguard public property
To

1.     The Hon'ble President of India, Government of India Rashtrapati Bhavan, New Delhi-110004. Ksamresh.nbt@nic.in, W.r.t. PRSEC/E/2016/04017, Dated: 10/03/2016,   

2.      Through the Registrar, Supreme Court of India, Tilak Marg, New Delhi-110 201 (India), Hon'ble Mr. Justice Ranjan Gogoi ,  Chief Justice of India & Patron-in-Chief, NALSA. 5, Krishna,   Menon Marg, New Delhi-110004, 011-O: 23388922-24, 23388943-44, supremecourt@nic.in

3.     Hon'ble Justice Pinaki Chandra Ghose, Chairman of Lokpal, c/o The National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi - 110 001.

4.      Through the Registrar General, Bombay High Court, Fort, Mumbai -32. Email: hcbom.mah@nic.in, W.r.t.  Stamp No.:- WPST/1928/2016, Filing Date: - 01/06/2016, Reg. No.:- WP/1928/2016, Reg. Date: - 01/06/2016. The Hon'ble Chief Justice of Bombay High Court, Fort, Mumbai -32.

 

Applicant/ Petitioner/ plaintiff                                                                                          

Dr.SREERAMAPPA

Medical officer-E, TAPS Hospital, TMS, NPCIL, Employee No.1119320, Qt No: TYPE-IV, H-I, TAPS COLONY, PO: TAPP, VIA-BOISAR, DIST& TALUKA-PALGHAR, Maharashtra PIN: 401504, Ph: 09423982742, E mail id:drsreeramappa@gmail.com

Hon'ble Sir

Subject: - The Chairman, Managing Director and Disciplinary Authority of NPCIL in related harassment and discrimination to my child multiple disability (ADHD with learning disabilities) treatment and child education. The NPCIL CMD has Violated the DOPT order of the person with disabilities (equal opportunities, protection of rights & full participation Act (1950) and right to education Act (2009) for children with recognizable disadvantage, DOPT orderNo.36035/1/2000-Estt (Res) dated-18/02/2000 (posting of government employee who have children with hearing impairment or multiple disability)

      Hence my  Appeal under the Prevention of Terrorism Act, 2002 (POTA), Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–95) / Prevention of Insults to National Honor Act, 1971 [ Corrupt public servants must be declared Anti-nationals recently prompted Justice SM Subramaniam of the Madras High Court to vent against the normalized state of corruption in the country].

References

Letter No.DR.SR/TMS/ SC.PI -66/2018-12, Dated- 03/12/2018
No.27/54/2018-scs/14502, dated 20/11/2018
Ref:1001/1/2018-Power/15478, dated 11/12/2018
ID Note No.DAE/11/162/2016-Power/9003, dated 13/06/2018
Letter No.DR.SR/TMS/ SC.PI -67/2018-13, Dated- 25/12/2018
 

With reference to above subject and in continuation of my previous Letter No.DR.SR/TMS/ SC.PI -67/2018-13, Dated- 25/12/2018, I would like to bring your kind notice as below the few more examples in related irreparable damage to my child due to my SC/ST Association, whistleblower and RTI activities [Exposed many scams].

1.      I, Dr. Sreeramappa s/o Chinnappa, working as a Medical Officer/”E” (after penalty order) of the Nuclear Power Corporation of India Limited (hereinafter NPCIL) and being a member of the Scheduled Caste (SC) community, do hereby solemnly state and affirm as under:

2.      I, Dr. Sreeramappa, employee of Nuclear Power Corporation of India Ltd (NPCIL) have been a relentlessly fighting against corruption and as an RTI activist have raised several issues related to irregularities within Department of Atomic Energy (DAE) and NPCIL including violation of SC/ST reservation norms.  I was shocked to see that instead of addressing the issues raised by me, the concerned authorities of DAE/NPCIL have severally victimized me. The blatant casteist discrimination and hounding of me for raising the question of reservations in the institution which I am part of, led me to approach the National SC Commission. It must be noted at this point that my case has been pending before the Commission since past 14 years i.e., since 2004. It is highly regretful that when I as a Dalit am approaching this constitutional body which is set up to look into matters of discrimination and violations against Dalits of this country is not taking up the matter with the due urgency. Since I began my struggle, I have been facing such discrimination by my senior officials that I had to file a case against them under the provisions SC/ST PoA under desperate circumstances, as it was evident to me and everyone that I was being targeted and discriminated due to my scheduled caste background. Despite I filing an atrocity case against the department officials, but no action has been initiated yet by NCSC as per laid down principles.

3.      Only 7 out of the total 26 organizations under the DAE are classified as R&D (Research and Development) organization, while the remaining 19 are classified as non R&D organization. While in the R&D organizations merit based promotion schemes are being implemented, that is not the case in non-R&D organizations. Therefore the concerned department/ management of these 19 organizations have to implement the reservation and concession policy related to SC, ST and OBC but the same are not being followed by these organizations including NPCIL (non-R&D) of DAE. I have  raised this and several other issues related to violation of the reservation policy including non-representation of SC, ST and OBC on the Board of the DAE/NPCIL; not filling up posts in Grades A, B and C as per norms under the reservation. Despite my repeated attempts to raise this issue with National Commission for SC, I have not been given a fair hearing and the issue has not been investigated as per guidelines with the rigor and importance that it deserves. Instead as a repercussion I have been targeted and harassed in NPCIL because I have been raising these issues persistently and demanding a review of the constitutionally mandated reservation policy and safeguards within the DAE/NPCIL.

4.      I have been raising various issues of malpractices, corruption, violations of rules, irregularities and victimization going on in the department. All my claims are backed by concrete proofs of which I can produce documents to substantiate, hence I request you to convince the Parliamentary committee to order an immediate enquiry to address all the malpractices.

5.      What is more appalling than anything else, when a person has been consistently raising issues in the interest of the organization and country in a constitutional spirit, instead of inquiring into the issues raised by me, I have being inquired upon and being continuously harassed, mentally tortured and unduly punished. Even the inquiry instituted against me was not completed within a reasonable period. This is highly unbecoming of any institution of the stature of DAE/NPCIL. I urge that the issues be addressed without any further delay and all the penalties and punishments instituted against me be withdrawn immediately and my dignity and honor be restored duly.

6.     My child failed in 9th standard, due to irreparable damage done by the concerned authorities of NPCIL/DAE Management since from 2010: - The NPCIL concerned authority has refused/rejected my deputation or transfer in spite of my repeated request three options as per priority my child requirement since from 2010. In the NPCIL/DAE there is no uniform policy, they are following pick and choose policy like a , like, dislike, Caste, religion, community, influences,  using veto power, malpractice, corruption etc . I would like to bring your notice sample proof  how they had harassed , discriminated and irreparable damage done to my child by denying/refusing  my deputation/transfer since from  2010, due to my SC/ST Association, whistleblower and RTI activities [Exposed many scams], whereas other upper castes employees has got transfer/deputation even though there is no vacancy.

6.1         I had requested NPCIL management for my deputation to BARC Hospital Mumbai for 6 month for my child multiple disability (ADHD with learning disabilities) treatment and child education at Mumbai in the year 2010. But the NPCIL management has given temporary transfer to NPCIL head quarter Mumbai for 6 month. The NPCIL management has harassed and discriminated 6 month without giving me any work and any room facilities to sit. As per NPCIL/government lay down principle followed previous many years, I suppose to be posted either BARC hospital or NPCIL head quarter first aid center and I supposed to be in-charge of first aid center as per my seniority. But the management has harassed and discriminated 6 month without giving me any work and room facility to sit.

6.2           With reference to vigilance inquiry report No.NPCIL/HQ/VIG/4(4)/2013/233/216 dated 15.10.2013, please refer point No.8.0, Recommendation for action (8.1-8.9)  and 9.0 Recommendations for system improvements  , as on dated not implemented hence there is lot of corruption ,irregularities and malpractices in the department. Dr.Ajay Dubey medical officer in charge and his wife holding sensitive post of medical officer Kudankulam Nuclear power project. The both medical officers was transferred from RAPS may be punishment due to irregularities and malpractice. In the vigilance inquiry recommended transfer to them in the above mentioned reference, but has on dated not transferred since from 2013?  

6.3             Please refer the NPCIL transfer order No.NPCIL/CMD/DSG/06/2019 dated 22/02/2019, in the order there is lot of irregularities and malpractices due to due to conspiracy, conflict of interest and malafide intention. As per information Dr.Y.P.Nakara is close friend of CMD, hence the CMD of NPCIL to appointed him as Medical Superintendent the same place, due to that forced to transferred other medical officers also. Dr.Jyoti. A. Purandare transfer has not justified within short period two transfer that to female too family responsibility, why they management has not transferred her to KGS Kaiga first time itself. Dr.Amit Kumar transfer is not justified within short period of his appointment. Why Dr.Y.P.Nakara has not transferred? Why the post of Medical Superintendent was not filled many years at KGS Kaiga Hospital and KAPS Hospital? Why both post kept under in charge without posting eligible candidate?

6.4          Please refer the NPCIL order No.NPCIL/CMD/DSG/33/2017 dated 21/12/2017, Dr.P.R.Singh and Dr.[Mrs.] Shilpa Singh has transferred from  Gorakhpur Haryana Anu Vidyut Pariyojana (GHAVP) to NPCIL HQI, but there is no post vacant at NPCIL HQI for Dr.[Mrs.] Shilpa Singh, because already one more medical officer working at First Aid center, the two medical officer at NPCIL HQI is  totally arbitrary, prejudice, malafide intention, conspiracy ,conflict of interest and huge lose to government.  

6.5           Please refer the NPCIL order No.NPCIL/CMD/DSG/25/2015 dated 18/18/2015.The NPCIL Gorakhpur Haryana Anu Vidyut Pariyojana (GHAVP) the total employees around 70, but three doctor posted Dr.P.R.Singh, Dr.[Mrs.] Shilpa Singh and Dr.P.K.Kushva that too Dr.P.K.Singh is general surgeon is  totally arbitrary, prejudice, malafide intention, conspiracy ,conflict of interest and huge lose to government.  

6.6            Please refer the NPCIL order No.NPCIL/CMD/DSG/05/2014 dated 18/18/2015, Dr.Arun Kumar Manuwal Medical Superintendent RAPS 1-8 has transferred to HQI Mumbai without vacant post, it is a  totally arbitrary, prejudice, malafide intention, conspiracy ,conflict of interest and huge lose to government.  It is totally arbitrary, prejudice, malafide intention, conspiracy, influenced, conflict of interest. It may be punishment transfer due to his irregularities, malpractices and corruption, but there is no charge sheet/memorandum, inquiry and penalty because he is not belongs to SC/ST. 

6.7           Please refer the NPCIL order No.NPCIL/CMD/DSG/ib/2006 dated 11/05/2006, and the NPCIL order No.NPCIL/CMD/DSG/ib/2006 dated 29/03/2006, Dr.K.Shringi officiating Medical Superintendent has transferred from RAPS to BHAVINI as medical officer/G, is totally arbitrary, prejudice, malafide intention, conspiracy, influenced, conflict of interest. It may be punishment transfer due to his irregularities, malpractices and corruption, but there is no charge sheet/memorandum, inquiry and penalty because he is not belongs to SC/ST. 

6.8            Please refer the NPCIL order No.NPCIL/CMD/DSG/37/2002 dated 10/23/2002, Dr.K.Shringi corporate Medical Superintendent MO/F transferred from medical division to directorate of health, safety, environment and public awareness, designated as medical in charge [Epidemiological studies] . It is a totally arbitrary, prejudice, malafide intention, conspiracy, conflict of interest and huge lose to government. From the NPCIL corporate Medical Superintendent to medical in charge? It may be punishment transfer due to his irregularities, malpractices and corruption, but there is no charge sheet/memorandum, inquiry and penalty because he is not belongs to SC/ST. 

6.8.1    Dr. [Mrs.] Rashmi Jain reporting to her husband Dr.S.K.Jain Medical Superintendent TAPS Hospital total her carrier. It is a totally arbitrary, prejudice, malafide intention, conspiracy, conflict of interest for reporting her husband.

6.8.2    Dr.P.K.Sinha Medical Superintendent KGS Kaiga transferred NPCIL HQI as Medical officer in charge First Aid center and Dr. (Mrs.) Omawathi Sinha also posted First Aid center without any vacancy. Being a physician and Medical Superintendent. It is a totally arbitrary, prejudice, malafide intention, conspiracy, conflict of interest. It may be punishment transfer due to his irregularities, malpractices and corruption, but there is no charge sheet/memorandum, inquiry and penalty because he is not belongs to SC/ST. 

6.9            Please refer the NPCIL order No.NPCIL/CMD/DSG/28/2004 dated 03/08/2004, Dr.P.K.Sinha medical officer in charge First Aid center, it is totally arbitrary, prejudice, malafide intention, conspiracy, influenced, and conflict of interest Being a physician and Ex-Medical Superintendent. It may be punishment transfer due to his irregularities, malpractices and corruption, but there is no charge sheet/memorandum, inquiry and penalty because he is not belongs to SC/ST. 

6.10  Please refer the NPCIL order No.NPCIL/CMD/DELPW/04/2015 dated 29/09/2015, making medical officer in charge is totally arbitrary, prejudice, malafide intention, conspiracy, conflict of interest that too long duration period instead of appointing eligible persons as Medical Superintendent.

6.11  Please note that Mr.K.C.Purohit Ex-NPCIL CMD and  Mr.S.K.Sharma, NPCIL CMD themselves practicing or practiced without appointing Sr. Principle Private Secretary to the CMD office. Please refer Mr.Sachin Kadale Sr.PS junior most to CMD appointment tract records since from his appointment to PA to Director (HR) as on dated. It is totally arbitrary, prejudice, malafide intention and conflict of interest. Why the post kept vacant senior principle private secretary in CMD office since from after retirement of Mr.U.P.U.Menon?

6.12  Dr (Mrs). Era Jain has transferred from TAPS Hospital to KAPS Hospital on 17.1.2005, she has transferred back to TAPS Hospital 11.02.2005 both times on public interest. Dr. Chowdri medical officer has transferred from KGS Kaiga to KAPS within in a short period of time. How it is possible within a year coming back to TAPS Hospital? How it is justified public interest? It is very much clear Mr.S.K.Jain Ex-CMD of NPCIL has favored his Jain community.

6.13  Deputation or transfer to Bangalore/BARC Hospital/HQ Mumbai under CSR. I requested Deputation or transfer on medical ground but denied my request, where as other castes people like Dr. (Mrs.) Omawathi Sinha and Dr. (Mrs.) S.Sanyal  was deputed to BARC Hospital, it clearly shows that not only caste stigma but also violation of Article 14 of constitution equality before law.

6.14  Dr. Paras Jain, Anesthetist from RAPS, Kota was transferred from RAPS Hospital to KGS, Kaiga Hospital, but within a six months span he had taken transfer back to RAPS Hospital with influence of CMD of same cast, due to that department lost two good couple Doctors one is Surgeon and another is Anesthetist Dr and Mrs Mahapatra, is it not a huge loss to the Department, arbitrary, prejudice, malafide intention, conspiracy, conflict of interest?

6.15  Mr. K K Singh, PD, INRPC [BARC] Tarapur has come from deputation from other department, as per information he is relative of Dr. Jitendra Singh Minister of State for the Department of Atomic Energy, and Department of Space even though many talent employees are present with in DAE. , is it not an arbitrary, prejudice, malafide intention, conspiracy, conflict of interest?

6.16  In the in the DAE and its constituent units many employees are entering with influence of their relatives like wife’s, husbands, fathers, mothers, brothers, sisters, Ex-employees of DAE and uncles working in DAE. Example:-1.Dr.Swetha Sharma has joined as a physician at TAPS Hospital may be due to her husband employee of BARC and within a short period time she left TAPS Hospital and joined at BARC Hospital Mumbai. 2. Dr.Subritha Gupta gynecologist TAPS, Hospital and Dr.Shubhra Gupta Radiologist, BARC Hospital both had may be joined with influence of her father being Ex-DAE employee. 3. One of the patient husband has complained against Dr.Subritha Gupta gynecologist  her serious criminal medical negligence, incompetent, records has been manipulated, serious irreparable damage to patient and violation of all medical ethics, but she has influenced every level due to her father was ex-employee. 4. In the TAPS Hospital there was two dental medical officer post one for BDS qualification another one is MDS qualification, Dr. [Mrs.] Sugnya Patil has joined in place of MDS being a BDS qualification, after completing two years she has promoted as outstanding candidate and now she has occupied dental HOD seat /chamber illegally after retirement of Dr.U.V.Deshpande before arrival of her senior most medical officer. It is all may be due to her husband NPCIL employee influence.5. If proper inquiry done by any extremal agency at BARC Hospital requirement, we can able to find out many employees was entered back door with influence of their relatives like wife’s, husbands, fathers, mothers, brothers, sisters and uncles working.

6.17  It is tip of iceberg examples that too one small medical section out of many sections DAE and its constituent units.

6.18  The above all only possible upper caste employees only, but not for SC, ST and OBS employees.

6.19  In view of the above there is no rules and regulation DAE and its constituent units, pick and choose method has followed according to Caste, religious, community,  Brahminical,  veto power, influence, money power and political power.

6.20  In view of the above they could have been transferred/ deputation to me either Bangalore QA office or RMP Mysore or ISRO Bangalore or any other central government organization, if I could have been upper caste/ Brahmin.    

7.     The DAE/NPCIL being a sensitive organization directly comes under Honorable Prime Minister of India. The DEPARTMENT OF ATOMIC ENERGY Chairman and secretary misleading, misguiding producing false records to Honorable prime minster as an adviser, all government machinery and including Mumbai high court, please refer stereo type reply to my all grievances without proper investigation.

8.     With reference to the above  I would like state that the NPCIL/DAE concerned authorities are doing Caste terrorism/antinational, terrorism against child rights/antinational, religious terrorism/antinational, Brahminical terrorism/antinational, unconstitutional terrorism/antinational, veto power terrorism/antinational, malpractice terrorism/antinational, irregularities terrorism/antinational, corruption terrorism/antinational, influence terrorism/antinational, terrorism against fundamental rights/antinational, terrorism against human rights/antinational, misusing /violation of RTI act terrorism/antinational by DAE and NPCIL concerned authorities regarding .

9.     The concerned management itself provoked me to enter SC/ST Association, whistleblower, redressal grievances and RTI activities, that too mainly two issues 1. Dr.S.K.Jain Medical Superintendent TAPS Hospital harassment and discrimination, particularly in generic drugs implementations in the NPCIL/DAE and 2.  Harassment and discrimination to provide facilities to NPCIL TMS SC/ST Association and NPCIL SC/ST Employees joint coordination committee. Due to my lot of effort both has implemented that means proved  by concerned authorities of management Harassment and discrimination,

Based on the above facts, I Pray to the Honorable President of India and the Hon'ble Courts for the following Relief

 

A.   Requesting to give immediate interim relief to my child without further damage.  My service only 5 years, this is the only short time left for me to look after my child livelihood. My life is high risk the 5 years also no guaranty due to my SC/ST Association, whistleblower and RTI activities [Exposed many scams] the may kill me like more than 50 RTI activist murderer.

B.     Need to recover compensation from those who are harassed and discriminated my child rights, under atrocity act and equality before law.

C.   As per DOPT Order No. 11013/08/2013Estt (A)-III dated 06/06/2013, I have exhausted all channels. I have exhausted all the grievance redressal procedures, such as, in-house inquiry, NCSC, CVC, MCI, CBI, CAG, the Police department, the Cabinet Secretary, the Home Minister, the Parliamentary Committee on Welfare of SCs/STs, Ministry of Social Justice, etc. up to the PM and the President of India. But failed to get justice. In view of that either review or make strict accountability to the all redressal grievances system of the Central Vigilance Commissioner, in-house, President's Secretariat Helpline, Centralized Public Grievance Redress and Monitoring System (CPGRAMS), CBI, MCI, Police, all National commissions, parliamentary committees etc along with my grievances.  In view of that all National commissions need to be convert to courts by appointing of judges instead of political leaders/strict accountability to reduce Burdon to Hon'ble high courts, CAT and Hon'ble Supreme Court on public interest.

D.    Need to review autonomous body under Atomic Energy Act, 1962.

E.   Need to be review whole reservation policy, rules, regulations and constitution violations in the Department of atomic energy (DAE) of its constituting 26 organizations (without caste based victimization to SC, ST, OBC, minorities, transgender, physically challenged and women’s employees, by including SC, ST, OBC, minorities and women’s members in the board / Committees composition) as per laid down procedure.

F.       The constant harassment meted out to me by the DAE/NPCIL has irreparably damage and adversely affected my now 15 year old child, who is suffering from ADHD (Attention Deficit and Hyper-activity Disorder) and learning disability. In light of this I request a deputation to RMP (Rare Material Project) Mysore or Bangalore or any central government organization where facilities for the treatment of my child is easily available.

G.    The Parliamentary Committee should direct the National Commission to pursue the atrocity case filed FIR No.II 1/2016 dated 24/05/2016, at Tarapur Police station under Atrocity case against Mr. K. C. Purohit, NPCIL Ex-CMD and DA and Mr. Sanjay Sanyal, Ex-General Manager (HR) TMS, NPCIL by me in an appropriate and speedy manner.

Or

1)    The live body organs useful for save life to many people are Liver ,Heart, Lung, Kidney, Intestine, Pancreas, Tendons, Valves, Veins, Skin, Bones, Blood and Cornea, but after death all organs waste, hence I would like to sacrifice my life to save many people life without waste of my body organs.

2)    In view of the above Permission to Donate my live valuable body organs before my death because the concerned authorities trying kill me due to my SC/ST Association, whistleblower and RTI activities [Exposed many scams] like more than 50 RTI activist murderer and more than 350 scientist homicide/suicide due to mental agony created by concerned authorities of DAE and its constitute units of management.    It is my body organs my rights/ mercy killing from euthanasia (IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 215 OF 2005, Common Cause (A Regd. Society) ...Petitioner(s) Versus Union of India and Another …Respondent(s) the painless killing of a patient suffering from an incurable and painful disease).

 

 

Applicant

 (Dr. Sreeramappa)

Date-07/04/2019

Annexure-A

 

Reference No.DR.SR/TMS/ Vigilance -23/2014-10                                             Date .02/09/2014 

To

The Central Vigilance Commissioner,

SATARKA BHAVAN, A-BLOCK GPO COMPLEX,

INA.NEW DELHI-110023.

From

APPELLANT  

DR.SREERAMAPPA    

Qt no: Type-IV, G-II, TAPS Colony,

Po: TAPP, Via-Boisar, Dist& Taluk-Palghar,

Maharashtra, Pin: 401504, Ph: 09423982742,

 E mail id: drsreeramappa@gmail.com .  Emp. No. 1119320

  RESPONDENT

The Chairman, Managing Director and Disciplinary Authority,

Nuclear Power Corporation of India Ltd,

NUB, Anushaktinagar, Mumbai-400094.

Respected sir

Sub: -

1.      Grievance against the Chairman, Managing Director and Disciplinary Authority of NPCIL in related harassment and discrimination to my child multiple disability (ADHD with learning disabilities) treatment and child education regarding.

2.      The NPCIL CMD has Violated the DOPT order of the person with disabilities (equal opportunities, protection of rights & full participation Act (1950) and right to education Act (2009) for children with recognizable disadvantage, DOPT orderNo.36035/1/2000-Estt (Res) dated-18/02/2000 (posting of government employee who have children with hearing impairment or multiple disability) .

With reference to above subject I would like to bring your kind notice as below.

I Dr Sreeramappa working as a Medical officer in TMS, Nuclear Power Corporation of India Ltd (NPCIL), Now I am under suspension and memorandum since more than a year, due to my work as a SC/ST association welfare activist, whistleblower, and RTI activist against Corruption, irregularities and malpractices in the NPCIL.

 

Back ground history of the case In brief

1.      The NPCIL management has denied my medical claim, normal promotion, harassed, discriminated and transferred from KGS Kaiga Karnataka to TMS Maharashtra in the year 2004.

2.      The NPCIL management has denied me to grant the study leave for higher education, harassed and discriminated in the year 2005, due to that I suffered from severe depression and suicidal tendency, till now I am under treatment.    

3.      I had requested NPCIL management for my deputation to BARC Hospital Mumbai for 6 month for my child multiple disability (ADHD with learning disabilities) treatment and child education at Mumbai in the year 2010. But the NPCIL management has given temporary transfer to NPCIL head quarter Mumbai for 6 month. The NPCIL management has harassed and discriminated 6 month without giving me any work and any room facilities to sit. As per NPCIL/government lay down principle followed previous many years, I suppose to be posted either BARC hospital or NPCIL head quarter first aid center and I suppose to be in-charge of first aid center as per my seniority. But the management has harassed and discriminated 6 month without giving me any work and room facility to sit.

4.      During the same period the NPCIL CMD had invited me to discuss my pending grievances/complaints on dated, 24/05/2011 at his office & the follows points have been discussed during meeting of about one and half hour.

A.     Facilities to TMS SC/ST association.(harassed and discriminated and transferred two members of association)

B.     Facilities to all India NPCIL SC/ST co-ordination committee.

C.     Arrangement of meeting with CMD along with all India NPCIL SC/ST co-ordination committee, once in a year to resolve SC/ST association grievances. 

D.    Implementation of generic drugs in NPCIL (Quality and economy control of procurement of medicines/ drugs in NPCIL).

E.     Harassment and discrimination by Dr S K Jain Ex-CMS & MS TAPS Hospital.

F.      Harassment and discrimination & irregularities in my promotion and ACR grading.

G.    Harassment and discrimination to grant study leave for my post graduate degree.

H.      Implementation of my project proposal of “HEALTH, EDUCATION, RESEARCH, DEVELOPMENT & TRAINING PROJECT (HERD)” under CSR scheme at TMS site.

I.        Deputation to BARC Hospital Mumbai, for my child multiple disability (ADHD with learning disabilities) treatment and child education at Mumbai.

5.      After about one and half hour discussion with NPCIL CMD, & has agreed to resolve all above issues. The CMD very much impressed my project proposal, hence he advised me to join NPCIL CSR/R&R (Corporate Social Responsibility) at NPCIL HQ and he further advised me to meet director (HR) and chairman of NPCIL CSR/R&R for detailed discussion. The CMD himself has proposed/promised to implement biogas plant and drinking water facilities at my native village under CSR scheme. Because all village people are belongs to schedule caste and suffering flurosis (high fluoride water content).      

6.      As per CMD instruction the meeting had arranged with The Director (HR) and chairman of NPCIL CSR/R&R, on dated 06/06/2011 & it was concluded that,  the above all issues will be resolved as per CMD instructions, under certain condones which are as follows.

A.     You (Dr.Sreeramappa) should not involve with SC/ST association.

B.     You (Dr.Sreeramappa) should not apply any RTI application.

I had agreed above two condones though these were unconstitutional and unethical conditions, because the management had agreed & promised me during meeting to resolve all the issues which were discussed.

After the meeting with CMD, I had attended promotion interview for MO/F after 7 years of service in MO/E grade (supposed to be interviewed and promoted in 5 years of service). The management purposefully/intentionally had nominated Dr.Rashmi Jain, wife of Dr S K Jain Ex-CMS & MS TAPS Hospital as per their preplan.  It was unethical and unconstitutional as per lay down principles, because my complaint of harassment and discrimination was against them (Dr.Rashmi Jain, wife of Dr S K Jain Ex-CMS & MS TAPS Hospital). It was a preplan by management to fail in the promotion interview of MO/F. And I was not promoted during this period.

7.      The term of 6 months temporary transfer period had completed in June 2011. As promised by The CMD on dated 24/05/2011 and The Director (HR) and Chairman of NPCIL CSR/R&R, on dated 06/06/2011, my temporary transfer was supposed to be regularized as “permanent transfer”. But, surprisingly I had received an order vide No. NPCIL/CO/HR-T/3(1)/2011/81(A) dated 13 June, 2011, stating my transfer back to original place i.e. TMS.  

8.      Please refer my letter of willingness to work NPCIL CSR (Corporate Social Responsibility) activity ANNEXURE-A.

9.      Please refer my letter of unwillingness ANNEXURE-B. This was due to harassment, discrimination, blackmail, trapped, cheated and unfaithful by CMD, I had withdrawn my willingness.

10.  Please refer my letter for transfer or Deputation , no objection certificate (NOC) for applying deputation /writing request letter to any of the central govt. organizations / central govt. public undertaking organization at Bangalore regarding clarification of deputation, acceptance and related matters as per Govt. rules and regulations permitted on medical ground. ANNEXURE-C.

11.  Please refer my request letter for Approval for medical treatment at NIMHANS, ANNEXURE-D.

12.  Please refer my reminder/request letter for Approval for medical treatment at NIMHANS, the delay in approval was more than 15 days for obtaining the medical treatment at NIMHANS, my child had suffered & also had lost school, which clearly shows the harassment, discrimination & inhumanity towards me & my child.  ANNEXURE-E.

13.  Due prolong my suspension and memorandum more than one year, I could not take appropriate decision in connection with admission of my child at special school (learning disabilities). Hence it is requested to complete the enquiry at the earliest. ANNEXURE-F.

14.  Please refer my request letter along with ADHD with LD NIMHANS Hospital certificate of my child for appropriate action. ANNEXURE-G.

15.  Please refer my request letter for Deputation/change of HQ from TMS to RMP Mysore on medical grounds enclosures, i.e NIMHANS Hospital & All India Institute of Speech and Hearing Mysore diagnosis and recommendation certificate. I have also submitted my medical certificate from NIMHANS Hospital, recurrent depression due to harassment and discrimination by concerned authorities since from the year 2005. ANNEXURE-H.

16.  Please refer my request letter for alternative option; if it is difficult to change my HQ from TMS to RMP Mysore as per lay down principle, I requested to change my HQ from TMS to Bangalore NPCIL QA office, during my suspension. ANNEXURE-I.

17.  Please refer my reminder No.1, letter ANNEXURE-J.

18.  Please refer my reminder No.2, letter ANNEXURE-K

19.  Please refer my reminder No.3, letter ANNEXURE-L

Grounds of case

1.      In spite of my repeated requests??? CMD appointment???? Since from on dated 09/08/2012, he never corresponded/responded, communicated to my any letters but harassed, discriminated, blackmailed, trapped, cheated and unfaithful by CMD. Finally, he suspended and issued me a memorandum by creating false evidence, surprisingly without any Advance warning, Consistency, Impersonal, action, notice, counseling Etc as per lay down principle of natural justice, by using his veto power.

2.      Please refer my Letter No.DR.SR/TMS/ CMD -152/2014-53,dated: 28/06/2014 ANNEXURE-G, even after lapse of two month also, I didn’t received any acknowledgment, correspondence and communication & it has been  totally ignored and neglected & violated all government lay down principles. It clearly shows harassment and discrimination not only now but since from 2010, in my child multiple disability (ADHD with learning disabilities) treatment and child education.

3.      The NPCIL CMD has Violated DOPT order of the person with disabilities (equal opportunities, protection of rights & full participation Act (1950) and right to education Act (2009) for children with recognizable disadvantage, DOPT orderNo.36035/1/2000-Estt (Res) dated-18/02/2000 (posting of government employee who have children with hearing impairment or multiple disability).

4.      As per lay down principles in the DOPT order Dept. of per. & Trg. , O.M.No.28034/6/2002-Estt. Dated-11/01/2002, the representation supposes to be disposed off within a maximum period of six weeks. But the NPCIL CMD, has totally ignored and neglected & and had disobey the government order.

5.      My suspension and memorandum from NPCIL service arbitrary, illegal, unnatural, unethical, unjustified, prejudice, and unconstitutional due to my work as a whistleblower, SC/ST Association activities and RTI activist against Corruption, irregularities and malpractices in the NPCIL. Being suspended employee either I can not take transfer or deputation, how my child will get justice at present situation? Why my son should suffer?

6.      Please refer above point No.5, due to harassment, discrimination, blackmailed, trapped, cheated and unfaithful by CMD as I was whistleblower, and RTI activist against Corruption, irregularities and malpractices in the NPCIL. Due to my efforts finally procurement of generic drugs (Quality and economy control of procurement of medicines/ drugs in NPCIL) has been implemented in NPCIL, Due to this implementation, about more than 100 crores of rupees per year getting saved to government. But this was rewarded me “Suspension”, is it justified?.

Please refer above point No.5 the concerned authorities could have been taken appropriate action in time, today my child could have not been suffered

7.      Due to my sincere efforts, the CMD NPCIL had forced to conduct the meeting with all Units of SC/ST associations on 25/03/2014 & agreed to provide facilities to TMS SC/ST association and all India NPCIL SC/ST co-ordination committee. I brought the permanent proper system in the NPCIL, first time in the history since from 30 years to get resolved in related to the SC/ST association.

8.      The CMD & Disciplinary authorities decision in related to child is arbitrary, illegal, unnatural, unethical, unjustified, prejudice and unconstitutional as per lay down principles.

9.      Here by I am submitting relevance medical certificate issued by department of psychiatry NIMHANS Hospital to my child, self and wife.  Now whole family under treatment in the department of psychiatry. ANNEXURE-L

 

PRAYER

Therefore, for the reasons stated above, the Appellant humbly prays that this Hon’ble Appellate Authority may kindly be pleased to:-

A.     Requesting to investigate in detail to get natural justice.

B.     Requesting to give immediate interim relief to my child without further damage.

C.     The concerned authorities has harassed, discriminated and humiliated more than 4 years, due to that huge loss to my child and to me.  In view of the above all fact , The NPCIL CMD has disobeyed the government order by delay in decision-making, hence the NPCIL CMD have to be punished under DOPT order of Accountability for delay in decision-making (Dept.of GI.,per.&Trg O.M.No.11013/-Ests. (A) dated-16/02/2004,).

D.    In view of the above the CMD has been violated many conduct rules, DOPT orders and constitution and also kindly refer my all grievances along with disciplinary proceeding more than one year enquiry is prolonging. Under the rule of Accountability for delay in decision-making (Dept.of GI., per.&Trg O.M.No.11013/-Ests. (A) dated-16/02/2004,), whether concerned authority can suspend the NPCIL CMD and issue the memorandum? When I have been suspended and issued me a memorandum mentioning that I have violated the conduct rules. Why not to CMD NPCIL as he is violated all lay down principle & rules? Who is above the law and order?  Whether the rules are not applicable to him?

E.      Is it not an arbitrary, illegal, unnatural, unethical, unjustified, prejudice, veto power and unconstitutional? Whether can rectify the system by severe punishment those who are In the name of management, persons/decision maker/administrator/competent authority representatives are misusing their power and function?

F.     Being a doctor and highly qualified person so much struggling without getting justice, what about ordinary people’s fate in this country?

G.    Is there any independence, equality, fundamental rights, constitutional provisions and justice all employees equally or those who are dominating by practicing Corruption, irregularities and malpractices in the system? Where is the transparency in the system? Whether the concerned authorities of management really working on the interest of organization and nation?.

H.    In the view of above situation only way to get natural justice, as per lay down principles as follows,(Complaints against secretary to the government of India and chief secretary of the public sector and CMDs of the public sector banks and financial institutions).

1.      Please refer DOPT order No.39/40/70-Estt. (A) DATED 09/11/1972.

2.      CVC reference No.010/VGL/008, Circular No.06/03/11 dated 14/05/2011.

3.      CVC reference No.04/VGL/26, Office order No.33/5/2004, dated 17/05/2004.

4.      CVC reference No.09/VGL/067, Office order No.13/3/10, dated 09/03/2010.

5.      As per D.G, P&T, letter No.20/1/71-Disc.1, dated the 9/12/1971, I suspect appointment of IO is biased.

6.      As per D.G, P&T, letter No.201/70/74-Disc.II, dated the 20/05/1976, I suspect appointment of IO is biased.

7.      “Review of decision regarding IO’s appointment on the grounds of bias CCA (CCA) Rules, 1965, at any time” [D.G, P&T, letter No.6/28/72-Disc.I, dated the 2/08/1972]

8.      “Proceeding to be stayed where the charged officer seeks review of IO’s appointment on the on the grounds of bias CCA (CCA) Rules, 1965”. [C.S. ( Dep. of per), O.M.No.39/40/70/ Ests,(A), DATED THE 09/11/1972, read with D.G., P&T. Letter No. 7(28/72-Dic.I dated the 19/03/1973].

9.      “Case of disagreement with IO, as per Supreme Court judgment dated 01/10/1993 in case of managing director (ECIL)”, Hyderabad vs. B.Karunkar (JT 1993 (6) SC.I).

10.  “Communicating tentative reasons for disagreement under rule 15(2) of the CCS (CCA) Rules, 1965”.Kindly refer my previous letters I am already communicated specific reason for disagreement of IO.

11.  “The disciplinary authority is biased even before having considered the representation of the charged officer”. That would be against the letter and spirit of the (CCA) Rules, 1965. [D.O.P.T., O.M.F.No.11012/12/2010/Estt. (A), dated 12/11/2010].       

Hence requesting to investigate as per lay down principle to get natural justice and prevent further damage to me and my family and also on the interest of public and nation.

This is for your kind necessary action please

Yours sincerely

 

(DR.SREERAMAPPA )

Copy to

1.      Mr.Prashant Bhushan, senior advocate Supreme Court, Room No 301, New Lawyer’s Chamber, Supreme Court, New Delhi-1

 

 

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