I exhausted all channels all channels as per F. No. 11013/08/2013-Estt(A-III) Dated August 31, 2015,

Through proper channel under Article 51A in The Constitution of India

Letter No.DR.SR/TMS/ SC/HC.POI -75/2020-1                                  Dated- 20/10/2020                                                                                             

To

1.      Through the Registrar, Supreme Court of India, Tilak Marg, New Delhi-110 201 (India), Hon'ble Chief Justice of India, NALSA. 5, Krishna, Menon Marg, New Delhi-110004, W.r.t.  Diary No.15793/SCI/PIL(E)2019, 15793, 21480, 57874/2018,23268, 23286/SCI/PIL(E)2019, hcbom.mah@nic.in,

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

3.      Mr. R. Subrahmanyam SECRETARY (Department of Social Justice & Empowerment).

      Smt.Shakuntala Doley Gamlin SECRETARY (Department of Empowerment of PWD)
      Room No. 622, A-Wing, Shastri Bhawan, New Delhi - 110 001, secywel@nic.in, secretaryda-msje@nic.in, officeofmin-msje@gov.in, Mos3-msje@gov.in, 23382683, 23389184, 24369055, 23381656, 23381657, 23018975, 23018978

 

Applicant 

DR. SREERAMAPPA, Medical Officer/F,

NPCIL Employee No.1119320, Rare Material Project (RMP/BARC) township,

Type D-Spl-13, Yamuna building, 75, Adichunchanagiri Road,

 Kuvempu Nagar 2nd Stage, Mysore, Karnataka 570008;  

Ph: 09423982742, E mail id: drsreeramappa@gmail.com

Respondent

1.      The Mr.S.K. Sharma Chairman & Managing Director Disciplinary Authority, Nuclear power Corporation of India Limited, Nabhikiya Urja Bhavan, 3rd floor, Anushaktinagar, Mumbai- 400094. cmd@npcil.co.in, sharma_sk@npcil.co.in, Phone-02225565176, 9757001959, 9413356509.

2.      The Shri Kamlesh Nilkanth Vyas Chairman and secretary, Department of Atomic Energy, Government of India. Anushakti Bhavan, Chhatrapati Shivaji Maharaj Marg, Mumbai - 400 001, chairman@dae.gov.in,  vigilance@dae.gov.in, jsim@dae.gov.in   

 

Subject: -

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).

 

Reference No: - W.r.t. OM No.19016/03/2017-SCD-VI dated 17.05.2018.

 

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

1.      I Dr Sreeramappa working as a Medical officer/F, The Nuclear Power Corporation of India Ltd (NPCIL), comes under DAE present posting at Rare Material Project (RMP/BARC). Due to my work as a SC/ST association welfare activist, whistleblower, and RTI activist against Corruption, irregularities and malpractices in the NPCIL/DAE, targeted my innocent son by Violating/refused/denied to posting as per 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) since from 2009-2010, due to that my son gone to irreparable damage now.

2.      I had requested NPCIL management for my deputation to BARC Hospital Mumbai for 6 months 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 months. The NPCIL management has harassed and discriminated 6 months 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 months without giving me any work and room facility to sit.

3.      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 and the same has agreed implement.

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.

4.      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 belonging to schedule caste and suffering fluorosis (high fluoride water content).      

5.      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.

6.      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.  

7.      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.

8.      W.r.t my Letter No.DR.SR/TMS/ CMD -152/2014-53, dated: 28/06/2014, even after lapse of two month also, I didn’t receive 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.

9.       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).

10.  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 of within a maximum period of six weeks. But the NPCIL CMD, has totally ignored and neglected & and had disobey the government order.

11.  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.

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

13.  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).

Please refer DOPT order No.39/40/70-Estt. (A) DATED 09/11/1972.
CVC reference No.010/VGL/008, Circular No.06/03/11 dated 14/05/2011.
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/ Est’s, (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].       

14.  Hence requesting to investigate as per lay down principle to get natural justice and prevent further damage to

 

1.      Due to Multiple penalties/Punishment by NPCIL/DAE concerned authorities of Management leads to sever mental agony and financial crisis as below.

1)      Harassment and discrimination to provide facilities to TMS SC/ST association and NPCIL SC/ST, e-JCC

2)      Harassment and discrimination of normal promotion from MO/D to MO/E

3)      Harassment and discrimination of normal promotion from MO/E to MO/F

4)      Harassment and discrimination of normal promotion from MO/F to MO/G

5)      Harassment and discrimination of forwarding my application outside employment.

6)      Harassment and discrimination of medical reimbursement at KGS Kaiga

7)      In KGS Kaiga Harassment and discrimination of medical leave against medical advice.

8)      Harassment and discrimination of considering non practicing allowance for PF calculation.

9)      Harassment and discrimination of higher education leave

10)  Harassment and discrimination of Downgraded ACR/APAR since from 2004

11)  Harassment and discrimination of medical leave by Dr. Uma Gupta against medical advice.

12)  Harassment and discrimination by Transfer from KGS Kaiga to TAPS Hospital.

13)  Harassment and discrimination of my eligible phone reimbursement

14)  Harassment and discrimination rectification of wrong EOL entry

15)  Harassment and discrimination of vehicle to attend duty at KGS Kaiga when had major accident. 

16)  Harassment and discrimination by Transfer from TAPS Hospital to KAPS (withhold)

17)  Harassment and discrimination of my child ADHD & learning disability rights leads to irreparable damage to my son.

18)  Harassment and discrimination of vehicle for official tour

19)  Interrupted Harassment, discrimination, humiliation and defamation.

20)  Harassment, discrimination humiliation and defamation by 3-year suspension and 3-year penalty.

21)  Harassment, discrimination humiliation and defamation during 6 months posting at NPCIL HQ without work and without official consolation room of penalty/punishment.

22)  Harassment, discrimination humiliation and defamation After 3-year suspension and 3-year penalty joined duty, but no work has been allotted for 3 months as penalty/punishment

23)  Again, restarted Harassment, discrimination humiliation and defamation by issuing the illegal memorandum No. NPCIL/HR-DC/2 (35)/2020/31 dated 16/06/2020, that too my submission of revision/review application dated 15/11/2017, against penalty imposed vide Order No. NPCIL/HR/-DC/2 (16)/2016 dated 21/12/2016.

24)  As per DOPT order representation from Government servant on service matters. DOPT order N0.1101310812013-Estt. (A)-Ill, Dated the 6'h June, 2013, if it is anticipated that an appeal or petition cannot be disposed of within a month of its submission. My application dated 15/11/2017 as per DOPT order an acknowledgement or interim reply should be sent to the individual within a month. Accountability for delay in decision making DOPT OM No. 11013/2/2004-Estt. (A) Dated 16.02.2004, so that the memorandum is unconstitutional, violation of fundamental right, violation of human rights, Caste stigma, anti-national, inhuman, veto power, arbitrary that too corona virus-19 pandemic National/world disaster period and I am being essential service medical officer. But also, contempt of court because in related the same issue my atrocity case is pending in Mumbai high court since from 2016 against Ex-NPCIL CMD FIR No. II 1/2016 dated 24/05/2016, (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) {Mumbai high court W.r.t.  Stamp No.: - WPST/1928/2016, Filing Date: - 01/06/2016, Reg. No.: - WP/1928/2016, Reg. Date: - 01/06/2016}

25)  Pending disciplinary case, the decision to transfer to BARC needs explanation. When pay scale grade restored from MO/E to F, how new disciplinary case is initiated. When was the decision taken to initiate new disciplinary case, when outcome of old disciplinary case itself is not conveyed to the accused regarding action taken, when old case is pending or inconclusive? When court case is pending over FIR against NPCIL authority, a new case over grievance representation is belittling the legal proceedings of the old case, which is contempt of court. New disciplinary case against activist confirms that NPCIL is prejudiced in its caste-based discrimination, harassment and created severe mental agony.

26)  The Nemo judex in causa sua (or nemo judex in sua causa), "no-one is judge in his own cause." It is a principle of natural justice that no person can judge a case in which they have an interest. The rule is very strictly applied to any appearance of a possible bias, even if there is actually none: "Justice must not only be done, but must be seen to be done". 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” not only present memorandum issued to me but also my suspension and penalty also against to the principle of natural justice and veto power.

27)  The NPCIL board of directors rejection of my appeal is 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, arbitrary, conflict of interest, conspiracy, caste stigma, veto power, created severe mental agony and created financial crisis. please refer “government of India ministry of heavy industries and public enterprises department of public enterprises no. 15(l)/2010-dpe (GM) dated: 11th December, 2017, complaints against CMD’S/Chief executives/functional directors/non official directors (nods) etc. of central public sector enterprises (CPSES)1public sector banks (PSB’S)1 financial institutions (FIS)1 and public sector insurance companies (PSICS)”. “CVC No.007/VGL/054 (circular no.12/10/16) dated 24/10/2016, lapses of authorities exercising judicial or quasi-judicial functions” “CVC office order no.74/12/05 dated the 21st December, 2005, vigilance angle – definition of (partial modification regarding)” is not violation of the said order?

28)  Please refer constitution PART III FUNDAMENTAL RIGHTS, Right to Freedom 20. Protection in respect of conviction for offences.—(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.  (2) No person shall be prosecuted and punished for the same offence more than once. Not only present memorandum issued to me but also my suspension and penalty also against to constitution. Etc.

The DAE/NPCIL concerned authorities trying to kill/murder/homicide indirectly by issuing unconstitutional memorandum to SC/ST activists, that too corona virus-19 pandemic National/world disaster period, by creating mental agony like more than 350 scientist suicide/homicide in the DAE and like Mr. Rohit Vemula and Dr. Payal Tadvi. The intention is very much clear due to memorandum we will get mental agony/depression that leads less intake of food due to that immunity will reduce we will get COVID-19 and die without any proof of murder.  

With reference to the above Multiple injustice, harassment and discrimination by concerned authorities in my service period I had faced and still now also facing lot of problems like, I am under depression medication since from 2005, attempted suicide 3 times, irreparable damage to my son. My son has told Councillor at All India institute of speech and hearing at Mysore tried attempt suicide 3 times, the same has been told to us.  

 

In light of the above-mentioned points, I would like to place a charter of demands. The demands are as follows: - I am under   severe/intolerable continues mental agony due to Irreparable damage to my son injustice of 3-year suspension and 3-year major penalty

A.    The NPCIL CMD/DAE Chairman & secretary (its constituting 26 organizations) are influencing, interfering with outside investigation agency, producing false records and information to not only the Prime Minister of India, courts, but also whole government machineries by   Misusing powers and functions in the name of sensitive organization, the autonomous Atomic Energy Act, 1962, and the DAE Chairman & secretary being adviser to Prime Minister of India. 

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

C.      I am not against department, government and system I am against those who are in the name of management, persons/decision maker/administrator/competent authority representatives are misusing their power and function, hence need to rectify the system by severe punishment those persons.

D.     The concerned authorities have harassed, discriminated and humiliated more than 10 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 concerned authorities have to be punished those who are involved in my case under DOPT order of Accountability for delay in decision-making (Dept.of GI., per.&Trg O.M.No.11013/-Est’s. (A) dated-16/02/2004,).

E.     I humbly request your kind self; restore the justice by exonerating me from suspension, memorandum of charges and penalty order with immediate effects unconditionally.

F.      I also request to consider and declare the entire period of my suspension as “on duty” and reimburse me the arrears.

G.    Irreparable damage done to my son concerned authorities of NPCIL. JUSTICE TO MY SON/ compensation UNDER 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).

H.    The compensation awarded from those individual misused powers and functions in the name of management.

I.        Out of the above best option: -Permission Donate my live valuable body organs before my death either suicide or homicide under 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)). In the department of atomic energy more than 350 scientist suicide due to depression, as per my practical experience it was not a suicides case it is homicide. The concerned authorities indirectly killed them by creating severe mental agony due to veto power, severe harassment and discrimination by concerned authorities. The same method using against me.  

Thanking you.

Yours faithfully,

(Dr. Sreeramappa)

1.      The General Secretary All India NPCIL SC&ST Employee’s association Co-ordination committee.

2.      The General Secretary NPCIL TMS SC/ST welfare Association.