Implementation of reservation policy in the DAE as per constitutional provisions

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MOST URGENT ACTION PLEASE

Through proper channel-complaint is being sent directly as it alleges involvement of higher officials and it is learnt that of previous complaints are not forwarded still, my email ID blocked, not responding to my representations,  refused appointment by TMS Site director, the NPCIL CMD, director (HR) and refused to forward my application by Dr.Daniel.M.S. Hence direct representations is not a violation rules and concerned authorities are held responsible.

 

Letter No.DR.SR/TMS/ PCSCST -54/2018-11                                              Dated: 16/12/2018  

To

The Hon’ble Chairman for standing committee on social justice and empowerment, (Shri Madhu Bhutani, Deputy Secretary) Lok Sabha Secretariat, standing committee on Social justice and Empowerment Branch w.r.t.No.LSS U.O No.8/1(iii)(a)/CSJE/2017 dated 11.05.2018.

 

To

The Hon’ ble Chairman,

National commission for Scheduled caste,

Khan market, Lokanayak Bhavan, New Delhi-110003. w.r.t.No. No.S-58/AE-5/2011/SSW-I, dated 27.02.2018

 

Subject: Violation of Reservation policy in the Nuclear Power Corporation of India Ltd (NPCIL), Department of atomic energy (DAE) and casteist victimization regarding.

 

Respected Sir

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.

 

I would like to bring the following aspects to your notice with the request that the said matter may be raised for the Parliamentary Committee’s perusal in an appropriate manner.

1.      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.

2.      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.

3.      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.

  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.

       Kindly refer that 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, now the said case is pending in Mumbai high court. The suspension, memorandum of charges and inquiry proceedings done by them during service period of Mr. K. C. Purohit, NPCIL Ex-CMD and DA and in relation to the memorandum of charges record also he has submitted in the high court. In such a case Mr.S.K.Sharma, CMD & DA NPCIL penalty order is not justified when case is subjudice.

     When my grievance against the Secretary DAE and Chairman AEC, NPCIL CMD, NPCIL board of directors, NPCIL CVO, DAE Chairman & secretary and DAE CVO, forwarding Petitioner grievance to Respondents for appropriate action is lapses such as gross or willful negligence, recklessness, causing undue loss to the organization and flagrant violation of systems and procedures as below few sample proof.

       The constant harassment meted out to me by the DAE/NPCIL has irreparably 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.

1.      Principles of natural justice-bias, Krishnanarayan Shivpyare Dixit vs. State of Madhya Prades, 1985(2) SLR MP 241, “No person can be a judge in his own cause and no witness can certify that his own testimony is true. Anyone who has a personal stake in inquiry must keep himself aloof from the conduct of the inquiry”

2.      Principles of natural justice-bias, Shyamkant Tiwari vs. State of Madhya Prades, 1986 (1) SLR MP 558, Accuser or witness cannot himself be a judge. Order of dismissal of a police constable on charge relating to shouting of slogans against Disciplinary authority violated principles of natural justice.

3.      The DA has taken time for prosecution 11 months 3 days ,hence the case fall under  corrupt practice, delay in decision making and not taking merit of decision under the Prevention of Corruption Act, 1988 and also vigilance angle. I have given in detailed report in my replay to inquiry report and appeal to board.

4.      The DoP&T’s O.M.No.399/33/2006- AVD.III dated 06.11.2006, Adherence to time limit for grant of sanction for prosecution

5.      Government of India Ministry of Heavy Industries and Public Enterprises Department of Public Enterprises No. 15(l)/2010-DPE (GM) Dated: 11 th December, 2017, Complaints against CMDs/Chief Executives/Functional Directors/Non official Directors (NoDs) etc. of Central Public Sector Enterprises (CPSEs)1Public Sector Banks (PSBs)1 Financial Institutions (FIs)1 and Public Sector Insurance Companies (PSICs).

6.      CVC No.007/VGL/054 (circular No.12/10/16) dated 24/10/2016, lapses of authorities exercising judicial or quasi-judicial functions

7.      CVC Office Order No.74/12/05 Dated the 21st December, 2005, Vigilance angle – definition of (partial modification regarding)

8.      Whistle Blowers Protection Act, 2011.

9.      THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015 NO. 1 OF 2016

10.  DOPT order No.35014/2/89-Ests.(A), dated 10.10.90, in relation to the disciplinary action against the office bearers of the staff Associations/Unions etc.( CLASSIFICATION, CONTROL & APPEAL  RULES 1965, Appellate Authority 24 (3)        “A Government servant may prefer an appeal against an order imposing any of the penalties specified in rule 11 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such Government servant in respect of his activities connected with his work as an office-bearer of an association, federation or union, participating in the Joint Consultation and Compulsory Arbitration Scheme”.

11.  The NPCIL Board of directors have violated/exceeded their power without following   Procedure for HANDLING OF COMPLAINTS AGAINST BOARD LEVEL OFFICIALS. Please also refer Vigilance Manual 2017 seventh edition Chapter III, HANDLING OF COMPLAINTS AGAINST BOARD LEVEL OFFICIALS point No.3.7. With reference to said rules when my grievance are against board level members in such a case the NPCIL board members exceed their power (conflict of interest).  The NPCIL Board of directors have not scrutinised / examined/ investigated each point of evidence or facts submitted by me till date.

12.  The NPCIL Board of directors have violated/exceeded their power without following   Procedure for (CVC Circular No. 06/03/11 dated 14.03.2011). (subject gist)

13.  The NPCIL Board of directors have violated without following Procedure or passing Self-contained speaking and reasoned order (CVC Circular No. 02/01/09 dated 15.01.2009 regarding need for self-contained speaking and reasoned order to be issued by the Authorities exercising Disciplinary powers) (DoPT O.M No. 134/11/81-AVD-I dated 13.07.1981 regarding the need for issuing ‘Speaking orders” in disciplinary cases).

14.  The NPCIL Board of directors have violated without following   Procedure NPCIL APPEALS, REVISION AND REVIEWS/ Rule 23 of CCS (CCA) Rules, 1965./ REVISION (Rule 29, CCS (CCA) Rules, 1965), the board has failed to communicate me to appeal for REVISION AND REVIEWS.

15.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following Procedure for ADHERENCE TO TIME LIMIT IN CONDUCTING DEPARTMENTAL INQUIRIES (DOPT vide their Notification No. G.S.R. 548 (E) dated 02.06.2017, Circular No. 8(1) (g)99(3) dated 03.03.1999, CVC Circular No. 02/01/2016 dated 18.01.2016-Timely completion of disciplinary proceedings. The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure Model Time Limit for Investigation of Complaints & Departmental Inquiries.

16.  The Overall time limit for conclusion of disciplinary proceedings. D.O.P.T. vide OM No. 372/3/2007- AVD-III (Vol. 10) dated 14.10.2013 and also prescribed as laid down by Hon’ble Supreme Court in the case of Prem Nath Bali Vs Registrar, High Court of Delhi &Anr (Civil Appeal No. 958 of 2010), a time limit of 18 months for completion of major penalty proceedings against Government servants from the date of delivery of charge-sheet and till the date of passing of final orders. The NPCIL Board of directors have ignored time bound to investigate.

17.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure of CVC Circular No. 000/VGL/18 dated 03.03.2003-Delay in Implementation of Commission’s advice.

18.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure of RIGHT TO INFORMATION ACT, 2005. ( RTI Documents cannot be used for legal defense to take action under disciplinary proceedings)

19.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure of VIGILANCE ANGLE. There are, however, other irregularities where circumstances will have to be weighed carefully to take a view whether the officer’s integrity is in doubt. Gross or wilful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible public interest is evident; failure to keep the controlling authority / superiors informed of required transactions and issues in time; cause of undue loss or a concomitant gain to an individual or a set of individuals / a party or parties;  Any undue / unjustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case. (CVC Office Order No. 74/12/05 dated 21.12.2005.

20.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure lapses of officers exercising quasi-judicial powers, should examine critically whether the criteria laid down by Hon’ble Supreme Court in K.K. Dhawan’s. (CVC F.No.007/MISC/Legal/04(Pt.) Circular No. 39/11/07 dated 01.11.2007) Further, in a recent judgment dated 12th July 2016 in R.P. Parekh Case (Civil Appeal Nos. 6116-6117 of 2016), The NPCIL Board of directors have ignored/ neglected/ violated/ exceeded their power without following   Procedure of The Supreme Court in R P Parekh case has laid down the following conditions / procedure to be followed to determine as to whether an act of a judicial officer has been actuated by an oblique motive or corrupt practice (CVC Circular No.12/10/16 dated 24.10.16).

21.  The NPCIL Board of directors have ignored/neglected/violated/exceeded their power without following   Procedure of Accountability for delay in decision making.No.11013/2/2004-Estt.(A)dated the 16th February, 2004.

22.  The NPCIL/DAE Board of directors have ignored, neglected, violated, exceeded their power without following   Procedure for Representation of SC, ST, OBC, Minorities and the Women on Selection Board/Committees F.No.42011/2/2014-Estt. (Res), dated the 13" February, 2014. In NPCIL Board of directors’ meeting there is no scheduled caste representative hence the board of directors’ decision are not in line with the laid guidelines.

Due to SC/ST welfare association activist, RTI activist against Corruption, irregularities and malpractices in the system as whistleblower, many system has improved in the department and crores rupees government money saved by me as below. 

The Major issues

1.      Due to my complaints/suggestions Date: 16th July, 2010 the injection room has been converted to casualty only during working hours on dated 05/06/2013, finally fulltime 24 hours causality has started from 15/07/2017, due to my consistence efforts. There was no casualty in TAPS Hospital since from beginning of plant site (more than 50 years) it is mandatory during any disaster management particularly in nuclear plants.

2.      Due to my complaints the vigilance enquiry report letter No.NPCIL/HQ/VIG/4(4)/2013/233/216 dated 15/.10/2013, the Ex-NPCIL chief medical superintendent (Dr.S.K.Jain) & Ex-NPCIL TAPS Hospital Medical superintendent (Dr.Rashmi Jain) have been punished  for their irregularities, malpractices and corruption in the TAPS Hospital, but not as per rule committed offence by them.

3.      Due to my lot of effort writing representation on Dated: 01st July, 2010 to NPCIL CMD, indented of generic medicines has been implemented NPCIL, HQI-3009 (R-2) dated 13/08/2013, the investigation letter No.NPCIL/HQ/VIG/4 (4)/2013/233/216 dated 15.10.2013 but, still malpractices are going on by prescribing branded medicines, due to non-availabilities of generic medicines (in the TAPS Hospital less than 10% medicines available) in NPCIL Hospitals. 

4.      Due to my lot of effort writing representation on the NPCIL, HQI pharmacopeia has been implemented the year 2013, NPCIL, HQI-3009 (R-2) dated 13/08/2013.

5.      In the NPCIL, RAPS, Hospital more than 3 crores medicine indent scam:- The CVC after investigated the vigilance enquiry report letter No.NPCIL/HQ/VIG/4(4)/2013/233/216 dated 15/.10/2013 , the CVC has recommended penalty  to Mr.J.P.Gupta, Ex-RAPS, Site director, Mr.Vinod Kumar, Ex-RAPS, station director, Mr.Dheeresh Jain, Ex-AGM (CMM), Dr.A.K.Manuwal, Ex-medical superintendent, RAPS Hospital, Mr.V.K.Rishi, Ex-AGM (F&A) and Mr.S.K.Jain, Ex-DGM (F&A).

6.      I have exposed in my representation to CVC &CBI, letter No.DR.SR/TMS /CVC -26/2013, Dated; 12/11/2013 more than 1000 crores LTC scam/rocket in NPCIL & DAE, on based on evidence on records CBI & CVC has investigated the scam the CPIO information letter No.NPCIL/ CPIO /MUMBAI-HQ/556/2017/1517/1574/468, dated 27/10/2017.

7.      Due to my lot of effort representation/grievance to the CVC, the in house vigilance has recommended to review of all NPCIL, HQI once in 2-3 years by committee of officers representing various discipline, but surprisingly still pending many HQI for review since from many years. 

8.      My grievance represented to CBI, CVC & police Reference No.DR.SR/TMS/ DSP Boisar -11/2015-02 Date 03/01/2015 against corruption in contributory health service scheme (CHSS) in the department of atomic energy (DAE), making loss to government approximates Rs.1000 crores every year. The CBI (ACB) has take-up to investigation reference No. CBI Ref. No.DP/CE/026/2011/A/1685/382 dated 20/02/2012, after screening of my records, but DAE/NPCIL (CVO) concerned authorities have influenced/mislead the CBI without further investigation, due to high level official’s involvement in the huge scam, the CBI/ACB investigation may be closed further any investigation without any communication to me.

9.      Due to my lot of efforts first time in the NPCIL history, the system has been created 25//03/2014 to resolve SC and ST employees grievances, once in three months local liaison officer meeting, once in 6 months NPCIL chief liaison officer meeting with joint coordination committee of NPCIL SC/ST welfare association and once in year NPCIL, CMD meeting with all units of joint coordination committee of NPCIL SC/ST welfare association the minutes of meeting No.NPCIL/HRIS/NCSC/VSB/2014/77 dated 29/05/2014 .

10.  My grievance represented to CBI, CVC & police Reference No.DR.SR/TMS/ DSP Boisar -11/2015-02 Date 03/01/2015 against corruption in contributory health service scheme (CHSS) /ECCS Pharmacy malpractices was investigated by TMS Management, found nearly Rs. 7 lakhs misappropriation, but the TMS management did not lodged FIR in police station as per procedure for further investigations under corruption Act, due to many high-level officers involvement without referring to in house vigilance department for investigations.

11.  Due to my RTI activities in relation to the insecurity/unsafe of Nuclear power projects in NPCIL , my representations Reference No.DR.SR/TMS/ CBI -17/2016-2,dated: 16/05/2016 to CVC, CBI, in-house vigilance and management,  the security lapses have been rectified in all units and strict biometric attendance system has been implemented.

12.  Due to my grievance  against the sensitive posts are not rotating duties or transferring, those who are holding sensitive posts in NPCIL, the vigilance has been recommended to implement in the vigilance enquiry report letter No.NPCIL/HQ/VIG/4(4)/2013/233/216 dated 15/.10/2013, but not implemented as per CVC recommendations.

13.  I have also been suggested/proposed many things for the improvement of hospitals and NPCIL proper functioning system including HQI for NPCIL Hospitals, the vigilance has been recommended to implement in the vigilance enquiry report letter No.NPCIL/HQ/VIG/4(4)/2013/233/216 dated 15/.10/2013, but not implemented as per CVC recommendations.

14.  Due to my lot of efforts through representations in the year 2011 I have succeeded to extend CSR activities/service at TMS site and also other units of NPCIL targeting the nearby villages including the including the BPL population and tribal population in relation to health care sectors.

15.  After my representations and RTI activates, Letter No.DR.SR/TMS/ RTI, NPCIL (CPIO)/209/2016-29, Dated-24/03/2016, The HQI guidelines are reviewed and displayed in the NPCIL website to keep transparency procedures.

16.  After my representations the NCIL CMD meeting was held on 25/03/20214, minutes of meeting No.NPCIL/HRIS/NCSC/VSB/2014/77 dated 29/05/2014, the summary of SC, ST  & OBC reservation roster have been displayed in the NPCIL intranet web site.

17.   Due to my complaints/suggestions/RTI activities the NPCIL has forced to implement reservation for SC, ST  & OBC  being a NPCIL non R&D organization of DAE, but in the DAE other 18 non R&D organizations may or may not be implemented.  

The other issues

1)      Due to my complaints/suggestions Dated: 18th, June, 2012, the TMS management has recovered two LCD TVs theft in TAPS Hospital after valance enquiry , but not punished those who are theft the LCD TVs.

2)      Due to my complaints/suggestions Date: 30th December. 2012, plant site female nursing staff getting helper at night duty to prevent sexual harassment to female nursing staff and safety since  from 2013.

3)      Due to my complaints/suggestions Date: 05/07/2011, the 3&4 dispensary improved the facilities.

4)      Due to my complaints/suggestions the TAPS hospital has been provided AC facilities to paediatric ward.

5)      Due to my complaints/suggestions the facilities has been provided to duty doctor’s room.

6)      Suggestion for improvement of uniformity in systems in NPCIL Hospital Date: 21st March, 2011

7)      Due to my RTI application on 16/08/2010 and complaints wrong system of ACR/E-APAR has been rectified in the department.

8)      Due to my RTI application dated 15/06/2012, the DAE AECS schools has implemented RTE for the benefit of BPL. But still there huge malpractices are going on in the admission of RTE Act.

9)      Due to my complaints against malpractices in attendance register has been staffed, and rectified.

10)  Due to my complaints   the TMS IT sections concerned officials have been punished for their irregularities and malpractices.

11)  In TAPS Hospital only three doctors were getting transport facilities to attend official duties, after my complaints MO/F doctors are getting transport facilities since.   

12)  In view of the above due to SC/ST Associations activist, RTI activist and whistle-blower activities against irregularities,  malpractices and corruption in the DAE/NPCIL, the many systems improved, wrong system has rectified ,the new systems has been brought and the crores of rupees government money has been saved by me. Due to my all activities whether the system has been improved or damaged? Whether my activities are my personal interest or public/organizational/national interest? 

13)  Etc   

14)  In view of above the NPCIL/DAE concerned authority’s action/attitude in related my suspension, memorandum and penalties is premeditated, predetermined,  veto power, arbitrary, prejudice, malafide intention, prejudice, caste stigma, conspiracy and conflict of interest.

 

In light of the above mentioned points, I would like to place a charter of demands. The demands are as follows:-

 

(a)   The Parliamentary Committee and national should take immediate cognizance and initiate a policy review of the constitutionally mandated reservation policy in the DAE/NPCIL to the effect that it ensures the due fulfillment of the affirmative policy.

(b)   The Parliamentary Committee should kindly ensure that the continuous targeting of me through the internal institutional mechanisms of the DAE/NCPIL should cease. I request that the punitive disciplinary actions in the form of penalty against me be withdrawn.

(c)     The constant harassment meted out to me by the DAE/NPCIL has irreparably 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.

(d)   The Parliamentary Committee should direct the National Commission to pursue the atrocity case filed by me in an appropriate and speedy manner.

 

I hope that the Parliamentary Committee for SC and ST Welfare will pursue this matter in all its seriousness and urgency to uphold the spirit of the Indian Constitution.

 

In Anticipation

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          

 

 

 

 



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