Now It Is The Time To Review The Constitutional Safeguards To
The Scheduled Castes And Scheduled Tribes With Particular
Reference To Their Working In STC -----
1. I Pray For Parliamentary Debate on This Issue in The Interest of SC/STs. My 25 Years
Sufferings in STC Should Not Go On Waste. Refer Page Nos-69 to 74 for Solutions.
2. Apply SC/ST Atrocities Act on STC for Cheating, Non-Clearing Backlogs, Denial of
Opportunities to MBA (ST) and Imposing Conditions on Employment to M.Com &
M.Phil (SC) Degrees-Holders to Non-Managerial Posts under Rajiv Gandhi
Government Launched SRD, Exploitation by Keeping Me on Probation for 11 Years.
3. MMTC Treated M.Com On Par With CA (Inter)/ICWA (Inter) under This SRD. But
Director (SKS) Counters saying “Every organization has its own Policy for Recruitment
keeping in view the organizational requirements etc. Thus, it cannot be compared
with other PSEs”. If STC disobey government directives saying they have their own
policy for recruitment then what for elected governments exist? It Amounts sedition,
treason, subversion and incitement.
4. The STC lie to NCSC saying “It is submitted that the Government Directives on
Reservation Policy are implemented in the Corporation in Letter and in Spirit. Thus
the Averments made by the Petitioner are denied”. I am stagnated since2006. OK.
Let STC tell which SC is promoted to Manager (Finance) post under normal channel
during interviews held on 30.08.2010, 31.01.2011, 17.12.2012 & 24.06.2013.
5. To Director (SKS) except Me Everyone In STC Including PEONs, SSCs, HSCs, BAs,
B.Com are Professionals & can Become Deputy Managers To Chief General
Managers. But I with M.Com & M.Phil should ROT as Deputy Manager.
6. STC Sacked Scheduled Caste for Bogus Medical claim of Rs 10000 but Exonerated
Brahmin for bogus LTC claim of Rs 26080. It Reduced 1 increment to Officials in Rs
725 crores loot and reduced 2 in Rs 550 crores loot. Only SCs were fixed. Joke of STC
jurisprudence is Chief Managers & above was fixed and the Marketing Manager who
is counterpart of finance is promoted as Chief Manager superseding 17 seniors.
7. Adding Insult To Injury Shri A.P.Gautham of NCSC Defended STC Asking Me “You Are
Only Being Discriminated In This Country”, Thereby Confuses Me Whether NCSC
Represents Victims or Culprits. He Also Echoed Director (SKS) To Take Stern Action
Against Me For Sending Grievances To Ministries. He also defended Director (SKS)
saying Government Directives is Not Binding on STC to Relax Qualifications.
[2]
8. To NHRC: Save Unguarded Souls. Protect Human Rights Including SC/ST Employees.
Apathy& Institutional failures led to 3.5 crore backlogs in Supreme Court. Prayer
submitted to Dr P L Punia is attached at page-30 to 74.
---------
To 23.11.2015
Shri Narendra Modi
Hon'ble Prime Minister of India
New Delhi-110011
Hon'ble Prime Minister,
1. Honourable Prime Minister you asked government departments to keep in mind 3 ‘T’s - timeliness, transparency and trouble-free approach - while replying RTI applications as that would help in reducing errors in governance. 16.10.2015.
2. Honourable Prime Minister you launched Digital India on July 1, 2015 to ensure Government services are made available to citizens electronically.
3. I add something here to improve RTI ACT: It is naive to expect corrupts to furnish information on their corrupt practices. CPIO is neither cinematic hero nor anti-corruption crusader. For Example: How CPIO of STC dare to furnish information on corrupt practices of Director when his CRs/APARs are written by the Director. Again how Director being an Appellate Authority will ORDER his CPIO to furnish information on his misdeeds. Further they harass officers who file RTIs like me.
4. Timeliness, transparency and trouble-free approach is possible ONLY when we entrust this work of furnishing information to a third party, like (for example) PMO/DOPT. The PMO/DOPT will get information (for example) from STC and pass it on to RTI Applicant. This way backlogs in CIC can be reduced drastically. Many CPIOs/FAAs are deliberately rejecting information advising Applicants to go to CIC.
5. Further instead of shunning responsibility, Government Department should follow (1)Core Banking System and allow citizens to approach Government from any Government Department (2)Bombay High Court directive to police to accept citizens complaint irrespective of jurisdiction. (In Core Banking system, Banks allow its customers to operate their accounts from any of its branches without necessarily going to parent branch)
6. Delivering his 10th Independence Day speech from the ramparts of the historic 17th-
century built Red Fort, former Prime Minister Dr. Manmohan Singh said: “Through
the RTI Act, the common man now gets more information than ever before about
the work of government. This legislation is being used on a large scale at all levels.
The Act frequently brings to light irregularities and corruption and opens the door
[3]
for improvements. I am sure that the RTI will lead to further improvements in the
way the government functions". ANI -15.08.2013.
7. The Ministry of HRD says to CIC: “The basic aim of RTI act is to empower the citizens, promote transparency and accountability in the working of government, contain corruption and make our democracy work”. TOI 31.08.2012.
8. Justice Ajit Prakash Shah, former Chief Justice of Delhi High Court says: “biggest contribution of our Parliament towards...accountability...is enactment of Right to Information...RTI (is) a veritable ‘Brahmastra’ in the hands of the Indian public”.
“RTI is a powerful tool...to bridge the democratic deficit created by increasing inequality and differences in access to opportunities. RTI has made state machinery more accessible...especially for the poor and vulnerable sections of society”. TOI 27.10.12
9. “The main responsibility of the Ministry of Labour & Employment is to protect &
safeguard the interests of workers in general and deprived and disadvantage
sections of the society in particular. Its vision is employability through employment”.
But see how the CPIO of Ministry of Labour & Employment replied rejecting my RTIs:
“your kind co-operation...will ensure efficient utilisation of govt machinery...(to)
serve people better”.
1) Does it mean, Being a SC, I am outside the definition of PEOPLE.
2) STC is persecuting me for 25 yrs. How the CPIO will define this. Does it due to
efficient utilisation of govt machinery.
3) Why the same outreach is not shown by CPIO to RESOLVE my pain.
4) What is meaning of CPIO marking copies to CIC, NHRC, D/O Commerce.
10. Department of Social Justice and Empowerment act as Nodal Department for matters pertaining to Scheduled Castes. But see how the CPIO replied me:
1) As per Article 338 of the Constitution of India powers to enquire into cases of atrocities against Scheduled Castes and deprivation of rights of Scheduled Castes lies with Commission.
2) This Department does not conduct any such enquiries and also cannot interfere with working of NCSC.
Shri JP Dutt, Deputy Secretary and First Appellate Authority of Department of Social Justice and Empowerment against my RTI appeal no-MOSJE/A/2014/60150 passed ORDER saying “If there is practice of untouchability and caste based discrimination in
[4]
the STC as alleged by you in your RTI application, then you may lodge a formal complaint with the National Commission for Scheduled Castes”.
11. Department of Public Enterprises is Nodal Agency to keep a watch on Public Sector Enterprises in implementation of reservations in Direct Recruitment/Promotion. DPE is responsible for reservations and other matters pertaining to SC/STs in PSU. But See how the CPIO of DPE replied me: For any grievance in matter of recruitment /promotion / vacancy etc you may write to concerned administrative ministry / department.
Against my Appeal, Appellate Authority replied me: F.No.DPE (GM)/0053/2015-GM/FTS – 4581 dated 9.10.2015, the responsibility for implementing directives of reservations lies both in Administrative Ministries &Concerned Public Enterprises, quoting OM No.6/19/89-BPE(SC/ST Cell) dated 25.04.1991. Shri A. K. Pavadia, Joint Secretary & FAA against appeal no –DPENT/A/2014/60064 passed ORDER “The applicant is advised to approach department of commerce, for redressal of his grievance. CPIO is directed to forward the RTI application and appeal order to the department of commerce for necessary action at their end”
12. Shri Krishan Kumar, Director& FAA of PMO against PMOIN/A/2014/60205 dated
10.10.2014 passed ORDER “14 pages is a detailed description of alleged mental
torture to you by STC, by denying promotions during your career of 25yrs...blatant
violation of Constitutional Provisions. Through endorsement of a copy of this letter,
CPIO, PMO is hereby directed to transfer your RTI application to D/o Commerce
within five working days of issue of this letter”
13. But see how Shri Samir Kumar, Additional Economic Adviser &CPIO of the Ministry
of Commerce &Industry is replying “By filling your RTI applications/appeals to the
Ministry of Commerce & Industry and various other Public Authorities, you are
wasting time of the government employees and also the public money”.
While FAAs of PMO and DPE are sympathetic to my issues and directing their CPIO to
forward to Ministry of Commerce &Industry for necessary action, Shri Samir Kumar
is just forwarding my RTIs to STC and sending back my Appeals without making any
attempts towards redressal of grievances. He even is advising me to go to CIC. It
means he doesn’t want redress my grievances.
14. Adding insult to injury Shri A.P.Gautham, Research Officer, NCSC vehemently
defended STC on 25.06.2015 meeting sarcastically questioning me: you are only
being discriminated in this country, thereby confusing me whether NCSC represents
victims or culprits. When Director (SKS) says he was asked to take action against me
for my sending grievances to ministries, with knee-jerk he echoed stern action.
[5]
15. The Department of Personnel & Training (DoPT) is coordinating agency in personnel
matters, especially in respect of issues concerning recruitment, training, career
development and staff welfare.
This Ministry provides & aids a large network of staff welfare programmes, thereby
underlining the fact that improvement in the working and living conditions of the
employees and their families, leads to efficiency and high morale amongst them.
Then my only point is when STC kept me on probation for 11 years against DOPT rules, why DOPT is not taking action against STC and protecting me from the Atrocities perpetuated by STC against me. But see how DoPT ill-treating me by giving stunning and humiliating replies. Against my RTI application-DOP&T/R/2015/81211/1 dated 15/10/2015 Shri M.M.Maurya has given reply saying the information sought does not pertain to the charge of the undersigned. My point is if it does not pertain to him he should have forwarded to the dealing CPIO. Another shocking is address area in the online reply is empty. It is something like magic: address is visual as soon as it is opened and shows blank immediately. I don’t know this mischief. The FAA replies also contain same magic. Earlier Shri Raju Saraswat, Under Secretary &CPIO of DoPT even sent intimidating RTI replies by quoting Conduct Rules and Disciplinary Proceedings in almost all his replies which are unrelated to queries. When filed following appeals, the FAA hasn’t taken any action against Shri Raju Saraswat. The FAA simple reply is “disposed of”, without attaching any reply. DOP&T/A/2014/60677, DOP&T/A/2014/60678, DOP&T/A/2014/60679, DOP&T/A/2014/60680, DOP&T/A/2014/60681, DOP&T/A/2014/60686, DOP&T/A/2014/60687, DOP&T/A/2014/60688, DOP&T/A/2014/60736, DOP&T/A/2014/60737, DOP&T/A/2014/60738, DOP&T/A/2014/60739, DOP&T/A/2014/60740, DOP&T/A/2014/60741, DOP&T/A/2014/60742, DOP&T/A/2014/60743, DOP&T/A/2014/60744, DOP&T/A/2014/60745, DOP&T/A/2014/60747, DOP&T/A/2014/60748, DOP&T/A/2014/60749, DOP&T/A/2014/60750, DOP&T/A/2014/60751, DOP&T/A/2014/60752, DOP&T/A/2014/60753,
16. NHRC refused intervention saying mine is service matter; even though there are
clear-cut Human Rights violations.
17. On 12.11.2015 a CPIO telephoned me saying: RTI is not for grievances &
enlightened me about Department of Administrative Reforms & Public Grievances.
But the CPIO should know how the STC persecuted me for approaching NCSC
[6]
1) L.N.Kataria threatening letter 25.07.1994: “Your services were liable to have
been terminated after 2 years of appointment. However this was not done
and instead your probation has not been cleared for want of this”
Horrific is without fulfilling its contractual obligation of conducting
departmental exams, STC gave this threat for writing to NCSC
2) N.K.Tandon demeaning reply to NCSC 20.09.2002: “With sole objective of
extracting un-due favour from STC through National Commission for SC/ST”
3) Vijay Bhushan letter 01.04.2011. I am literally intimidated to offer my
comments by A.K.Mahajan for petitioning to President of India.
4) R.L.Kaushal humiliating letter 21.05.2012 to NCSC: “The Corporation could
have discharged him from service on his not achieving requisite
qualifications, but extended maximum flexibility to him after taking a
sympathetic view as Sh. Rao belonged to SC community”
5) S.K.Sharma RTI reply 21.08.2013: “He has in most of cases endorsed copies of
his various communications to outside authorities without obtaining prior
approval from STC. The action on part of Shri Rao to write directly to any
constitutional authority, where specific approval of competent authority in
STC is required, warrants action. It is proposed we call him (to Delhi)”.
18. The CPIO who telephoned me on 12.11.2015 should also know how STC persecuted
me for approaching NCSC
1) M.M.Sharma & Co treats this M.Com & M.Phil degrees-holder as beggar.
What is the use of my specialisation in “Working Capital Management” and
what is the use of my dissertation on “Working Capital Trends in Indian
Corporate Sector”? Should they go unrecognised in STC?
2) Criminal Neglecting Rs1014 crores Mumbai sales tax authorities demand,
Director (Finance) Manoj Mishra shown special interest to spoil my 3years
CRs.
3) More than 60 employees have surpassed me & reached either as Deputy
General Managers or minimum of Chief Managers
4) Nightmare Provident Fund loan. While sanctioning CPF loan to others, STC
rejected my loan. After 4 and half months sanctioned.
[7]
5) Nightmare Home loan. Harassed me at every release of instalment. Carried
out PV for releasing every instalment. But nothing of this sort for others.
6) Humiliated me to surrender my telephone.
The trio of Messrs A.K.Mahajan, R.Ganesh and P.N. JOBANPUTRA made me to
surrender my telephone facility. As per rules they were not allowed to use
dormitory telephones over and above rental charges. As I have recovered
from their salaries for this above rental for making STD calls to their home-
towns they reasoned that my making local calls to my residence is also not
allowed. Hence I surrendered my office phone facility.
7) Menial work order allotted to me displayed on notice board.
8) 13 work allocation orders issued within the span of 3 years from 03.02.2010
to 30.07.2013 speaks volumes of how I am being ill-treated by my superiors.
It means on an average they issued office orders for every three months.
Sometimes kept me without work for 6 months
9) Four times I appeared for Manager (F) interviews but denied me promotion
by promoting all my juniors
10) In the name of Personal Hearing I am called to New Delhi on 09.01.2012. But
sent back after being fooled. Instead of grievances they were discussing
nonsense. Suddenly CGM (SKS) was summoned by M.M.Sharma & meeting
abandoned& I was asked to come next day @ 4.00 P.M. to have another cup
of tea. When asked purpose of calling me, CGM (SKS) says to exchange views.
Meantime SC/ST Liaison Officer (promoted as General Manager 30.11.2012)
expressed his inability to attend next day meeting. But how SKS instinctively
agreed to Liaison Officer is a moot point when my 2 days tour is fixed by STC
in advance. Entire episode is well-scripted with criminal intent to intimidate
me for filing RTIs on M.M.Sharma frauds. I returned back after being fooled.
Inviting starved person to food & making fun of him is cruelty. Only ghosts
can enjoy this type of cruelty.
Saddened by Barbaric Abuse of power by STC public servants, I filed RTI in
PMO for copy of Competent Authority Approval proposing me to call to Delhi.
Against this S.K.Sharma the CPIO of STC sent UNSIGNED fabricated COPY. This
copy is opposite to fax dt 22.11.2011 & 03.01.2012 sent to me inviting Delhi
[8]
11) In the name of redressing my grievances STC called me to New Delhi by
arranging to and fro Air Tickets from Mumbai to New Delhi on 08.05.2014 by
constituting a Committee of Ex-joint secretaries of DOPT & DPE &other. But
later on informed me saying my grievances are devoid of any merit. But the
STC consciously avoided positive findings of the committee which find faults
with STC.
12) When P.N. JOBANPUTRA, Chief Manager (Marketing) case can be resolved
without constituting any committees, why such committees are required in
resolving my issues. His CRs were re-written & promoted with retrospective
effect after holding special meetings in New Delhi at the instance of officers
association
13) STC promoted S.A.Pawar to Manager(Marketing) without any interview after
vacancy caused by superannuation of manager who was promoted as
Manager after converting to all-India cadre from local cadre when left with
one month service
From Director (SKS) point of view S.A.Pawar (B.A) and P.N. JOBANPUTRA
(B.C.om) are Marketing Professionals
P.N. JOBANPUTRA and S.A. PAWAR were promoted for arranging 5 star
facilities at CMD camp house and for arranging leased office accommodation
running into 12cr till February 2016
Before shifting to this leased office, we were working in 4500 sq ft office.
Why need 10000 sq ft when we are literally bleeding. Why advt of miniscule
size restricted to lower parel area given for lease is to be investigated by
Authorities
14) STC awarded Rs.13.72 lakhs contracts to UTI which in turn awarding to
private parties. When S.A.Pawar& P.N. JOBANPUTRA recommended payment
to third party, I raised objections. This led to Vigilance Circular dated 19th
December 2012 based on my highlighting
15) In the name of using unparliamentarily language against my superior on
07.04.2014 the STC instituted an investigation against me by air-dashing G.R.
Datta ex-GM of BHEL from New Delhi to Mumbai for three days
See its commitment in its Criminal Conspiracy to persecute me. As if some
Governor of a State is visiting STC, it sent detailed itinerary of STC appointed
[9]
investigator Shri G.R.Datta regarding his Air Travels, stay arrangements and
arrangement of staff car for pick and drop and local travel came on
16.05.2014 in form of fax message.
See the travesty of justice system in STC, it investigated based on complaint
lodged against me by Messrs D.Jayant and V.P.Bendre who are charge-
sheeted in multi-crore business lootings. Filing RTI tantamount to crime in
STC and leads to several persecutions.
16) When literal fight witnessed by entire branch on 04.04.2014 between
R.Madhusudhan and Raghvir Rudakia, why no investigation initiated
17) J.J.Surve attacked A.S.Diwakar Rao (SC) in the presence of A.K.Mahajan, why
no investigation.
18) Why no such investigations were initiated against V.P.Bendre when not
attended 2004-05, 2005-06 and other sales tax assessment meetings which
lead to Ex-Parte Orders amounting to more than Rs. 1000 crores demand
from Maharashtra government sales tax authorities.
See the assessment orders to know the shocking revelations. Facilitators of
public money LOOT are being glorified as workaholics and bread-earners in
STC. How workaholics and bread-earners can consciously work against STC
interest resulting in Ex-Parte Orders.
19. On 12.11.2015 while enlightening about public grievances cell through his
telephone call, the CPIO told me: I am wasting CPIO time filing many RTIs, whether
filing appeals in STC or not. But none bothered about my 25yrs pain
STC is still using cunning tactics in furnishing information. Compare the information
furnished by STC with those my RTI applications. I asked following information
through National Commission for Scheduled Castes (NCSC) and National Commission
for Scheduled Tribes (NCST):
1) Against 4 SCs and 1 ST Back-logs, ask STC to furnish the names of SC/STs that were recruited for Office Manager (A/C) posts by STC under Rajiv Gandhi Government launched SRD in 1989
2) Also ask STC to furnish the names of the places where these selected SC/STs
were posted after their recruiting
3) Also ask STC to furnish the present designations of these selected SC/STs
[10]
4) In the light of the above kindly refer STC constituted Grievance Redressal Committee to redress my grievances Report page no-3 to know more
20. STC mislead NCSC saying: “It is submitted that Govt Directives on Reservation Policy
are implemented in Corporation in Letter and in Spirit. Thus Averments made by
Petitioner are denied. STC letter 21.05.2012 to NCSC”
As a Victim I ask STC to furnish who among Scheduled Castes got selected for
Manager (F) post during interview held 3030.08.2010, 31.01.11, 17.12.12, 24.06.13
21. My SIMPLE query to CPIO is: Where I am empowered through RTI?
22. Adding insult to injury Shri A.P.Gautham, Research Officer, NCSC vehemently
defended STC on 25.06.2015 meeting sarcastically questioning me: you are only
being discriminated in this country, thereby confusing me whether NCSC represents
victims or culprits. When Director (SKS) says he was asked to take action against me
for my sending grievances to ministries, with knee-jerk he echoed stern action.
23. Director (Personnel) Shri S K Sharma says STC is different from other PSUs and
Government Directives are not binding. To him except me everyone in STC including
Matriculate, Higher Secondary, BA, and B.Com are professionals.
24. To him 10th class employees and peons can become Deputy Managers and Chief General Managers but I with M.Com & M.Phil qualifications should ROT as DM.
25. Before the Honourable Member Smt. P. M. Kamalamma, NCSC on 25.06.2015, Shri S
K Sharma says Manager (Finance) is professional post indirectly sanctifying denial of
promotion to me saying i am not professional. If that is the logic how he accepted
Director (Finance) post without FINANCE Qualifications. Different yardsticks.
26. STC offered me Office Manager (A/C) post equating my M.Com & M.Phil to B.Com
with a condition saying “He will have to acquire CA(Inter)/ICWA(Inter) or pass Dept
Exam within 2yrs” under Rajiv Gandhi Government launched SRD.
1) But MMTC treated M.Com on par with CA (Inter)/ICWA (Inter) under this
drive.
2) I even attended Assistant Manager (A/Cs) interview in RITES under this SRD
relaxed educational qualifications.
3) I also attended for Deputy Director (Finance) post interview in National
Airports Authority of India under this drive.
[11]
27. When asked conduct departmental exams STC replied me try for other options of CA (Inter)/ ICWA (Inter). Since STC failed to fulfil its part of contractual obligation, condition of my appointment stands fulfilled/ cancelled & is null and void contract. Right to Choose among the given options& Dignity is guaranteed by Art21 of the Constitution.
28. The STC denied me all my annual increment arrears after clearing my probation after
11 years of my service saying “no arrears on this account should be allowed to him
for the period prior to the date of confirmation,” by quoting FR 26 (6);
And the point of contrast now is: STC has paid two additional increments to staff
cadre employees (SOM II) with retrospective effect from 01.01.2015 under their new
promotion policy for staff 2014. I just want to know which FR rule says to give this.
But Clause 3 of my appointment letter says: “However on acquiring one of the said
prescribed qualifications all annual increments that may be due to him will be
released”. It is not respecting its own terms and conditions of appointment.
29. STC kept me on Probation for11years linking to acquiring prescribed qualifications.
30. In this way STC exploited weaker sections of society by keeping on probation for 11 long years by denying increments, promotions.
31. If Probation clearance is linked to acquiring prescribed qualification, how STC fixed
my probation (Refer Clause-4) for1yr, when acquiring same is not possible within
1yr. Imposed impossibility.
32. STC acted against DoPT Rules:
1) Hon’ble Minister Dr. JITENDRA SINGH’s Reply in Rajya Sabha on 07.08.2014: probation should not be extended for more than a year and in no circumstance an employee should be kept on probation for more than double the normal period.
2) DOPT Rules says: probation should not be extended for more than a year and in no circumstance an employee should be kept on probation for more than double the normal period.
3) DOPT Rules says: If during period of probation, a probationer has not, passed requisite departmental examinations, period of probation may be extended, subject to condition that total period of probation does not exceed double the prescribed period of probation.
33. POSITIVE FINDINGS of STC constituted Grievance Redressal Committee consisting of
Ex-Joint Secretaries of DoPT and DPE: My QUESTION is how STC ignored following
salient features in deciding my case is a moot point.
[12]
1) “Having given Departmental Examination clearance as one of options, (STC)
could have conducted departmental examinations in 1991, 1992 and 1993 as
well, which they did not do”.
2) “His annual increments linked to acquiring qualification but probation
clearance was given as a separate point. Sh Rao’s probation extended six
months. Subsequently Rao was advised linking probation clearance acquiring
qualification”
i. Committee highlighting subsequently gives meaning earlier not
linked.
ii. Committee highlighting but probation clearance given as a separate
point gives meaning probation not linked acquiring qualification.
3) “Shri Rao appointed SC category under SRD, STC should have arranged
special training to acquire qualifications, which STC did not do”.
4) “Shri Rao further stated that when he had pointed out wrong bills, his work
was restricted. He was not able to contribute because he was not allowed
to contribute”.
5) As per grievance redressal committee report I topped empanelled list of OM
(A/c) under STCs 1989 SRD, a merit of which STC ignored.
34. It is sad that STC is attaching more value to useless part-time and correspondence
course degrees rather than full-time regular course degrees while giving promotions
to Promotee Managers. Refer G.S.Pandey case. Every effort is made to rationalise
Brahmin upliftment in STC. Married Ms Megha DM (L) shown door when requested
transfer. But Ms Shubham Sharma DM (L) was considered transfer to Delhi.
35. AM (Local) were given retrospective promotions ranging from 4-5 years. My point is:
When STC can consider retrospective promotions of four to five years to local cadre
Assistant Managers how it can deny similar treatment to me.
36. My point is when pay can be fixed with retrospective effect by taking annual
increments notionally, what is wrong in giving me promotions with retrospective
effect on similar lines. When STC considered notional increments to fix my pay, how
it failed to consider my notional promotions?
37. The New Promotion policy for staff signed in December 2014 has opened one-time
exercise of offering direct promotions to Deputy Manager Posts to staff employees
who are willing to opt. It conducted interviews to them in the month of March 2015.
STC has constituted grievance redressal committee to resolve my issues. In its report
it says “The retrospective promotions are also linked to retrospective probation
clearance. Promotion could not be considered without probation clearance”. Before
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the Deputy Manager Post there is Assistant Manager Post. How STC promote staff
employees directly to Deputy Manager violating redressal committee report.
38. Landmark judgments: STC sacked Scheduled Caste for Bogus Medical claim of Rs10,
000. But exonerated Brahmin for bogus LTC claim of Rs 26080/-. CVC has
recommended initiation of major penalty against STC officials TOI 17.06.2012; but
STC reduced 1 increment to its officials on Rs 725cr. In another case STC awarded 2
increments reduction to its officials on Rs 550 cr loot.
But No action on those who have drawn TA/DA based on inflated bogus New Delhi
hotel stay bills. For exposing this scam my work of authorising NEFT payment is
restricted to one working day from five.
39. Heart-killing Joke is every year we paste on walls computer printout vigilance week
poster 'Be the eyes and ears of vigilance' but sum up everything in 5minutes reading
pledge and messages from President, Vice-President, PM, Chief Justice of India, CVC.
40. They forced me to vacate my 2BHK Official Accommodation on 17.10.2012 In the
name of Demolishing and Construction of New Office Building. Forget the
Construction still Demolition has not taken place. For not Co-operating in Corrupt
Practices my Reallocated Flat was handed over to new applicant by Mr. R.Ganesh.
Plagiarism: STC Stealing My Ideas without Giving Me Any Credit.
Patent/copyright infringement
1. This year’s Vigilance Awareness Week theme is “Preventive Vigilance as a tool of
Good Governance” is observed in our State Trading Corporation (STC) from
October26-31, 2015.
2. Kindly see the resemblance of above theme with my suggestions at page 23-24,
Points 5-9.
On Thu, Jan 15, 2015 at 8:15 AM I sent the following to our Director (Personnel) Shri S.
K.Sharma through email copies to [email protected], [email protected], [email protected],
"[email protected]" <[email protected]> Topic title is: Some of My Suggestions Which STC Followed.
1. Kindly permit me to bring the following objectionable comments made by Dr. Nandi,
Convenor, during today’s “Workshop on Training & Handholding for implementation
of Performance Management System (PMS) for Managers held in Mumbai on 12-
13th of January, 2015” for your kind notice.
[14]
2. While delivering his lecture, he suddenly and irrelevantly said, to quote “don’t
criticize too much. Some communities are in the habit of criticizing too much. They
have extra secretions in their abdomen. Theirs is physiological problems. I have
many reputed friends in Ayurvedic medicine. They all said this”. Afterwards he
started talking of film critiques, sports critiques and others. I doubt whether he is
referring these critiques while referring communities.
3. Sir secondly kindly tell me how this PMS is different from my earlier suggestions
submitted to various authorities including to yourself regarding improving the
conditions of SC/STs as well as STC and containing the corruption through opening
employee portals in STC website. Irony is one side STC is using many of my
suggestions and on the other end it is stamping me as useless and persecuting me to
no end without promotions and by instituting disciplinary proceedings against me
based on the complaints lodged by the multi-crore charge-sheeted persons.
Below are few such files wherein I suggested measures.
1. Refer Page no- 7. The sub-title - Open the portal of all employees in STCs official
Website to open the Pandora box of corrupt practices and the human rights
violations. In the file named - Revival of STC to its golden past. Addressed to Your
Excellency, Smt. Pratibha Devisingh patil, President of India, dated 20th March
2011. Email sent on: Sun, Mar 20, 2011 at 7:40 PM
2. Refer Page no- 19. The sub-title - The real salvation to SC/ST employees lies in
bringing transparency of their work. In the file named - Lies, Cheatings And
Treacheries – Everything Is A Big Mockery In STC. The Machiavellians Of STC Have
Surpassed Machiavelli In The Art Of Machiavellianism. Addressed to Shri SK Sharma,
dated 12th February 2012. Email sent on: (RTI-No-56) Sun, Feb 12, 2012 at 10:00
PM, (RTI-38) Sun, Jan 15, 2012 at 2:40 PM, (RTI-41) Wed, Jan 18, 2012 at 12:04 AM,
(RTI-47) Tue, Jan 24, 2012 at 12:06 AM, (RTI-50) Fri, Jan 27, 2012 at 12:47 AM, (RTI-
51) Sun, Feb 5, 2012 at 7:30 PM,
3. Refer Page no- 48. The sub-title - Therefore the need of the hour is. In the file
named - How The Chairman And Managing Director Shri N.K.Mathur And Director
(Personnel) Shri M.M.Sharma Subjecting This Scheduled Caste Manager And His
Dependent Family Members To Mental Traumas For The Last Three Years. Addressed
to Shri SK Sharma, dated 15th August 2012. Email sent on: (RTI-No-82) Tue, Aug 28,
2012 at 9:02 AM, (RTI-No-81) Mon, Aug 27, 2012 at 10:57 AM, (RTI-No-80) Sat, Aug
4, 2012 at 8:04 PM,
[15]
4. Refer Page no- 57. The sub-title - The real salvation to the SC/STs lies. In the file
named - The Director (Personnel) Shri M.M.Sharma Is Subjecting Me and My
Dependent Family Members to Various Mental Traumas Since 2009. Addressed to
Shri J. S. Deepak I.A.S., Chairman & Managing Director, dated 16.06.2013. Email sent
on: (RTI-No-170) Sun, Jun 16, 2013 at 6:10 PM
In the above FOUR files I suggested following measures:
The Real Salvation To The SC/STs And The Real Solution For The Corruption-Free
Society Lies More In The Transparency Of The Peoples Work.
1) What I understood from my 23 years of service in STC is that without giving
work they stamp the sincere and honest managers as useless and unworthy.
Sensitive people without work sitting idle feel guilt as if they have done
something wrong to the nation. Added to that colleague from down to top
look at them with contempt for sitting idle with no work. By basic and the
fundamental submission undoubtedly is that employees are recruited for
getting the work done and not for sitting them idle. Hence superiors should
be punished for not getting the work done from their subordinates.
Otherwise it will be a National waste.
2) For not cooperating in the corrupt practices of my superiors I was removed
from the two divisions which I was holding. Before to this the then head of
the finance had kept me for six and half months without work for similar
reasons. Normally people do not like SC/STs. Added to that if SC/STs talk
about the rules they get enraged and shunt them out unceremoniously. Caste
factors, loyalty factors (that is always clinging to them to praise), ready to do
whatever boss says (even at the cost of STC and the Nation), regional factors
etc work heavily in shaping the careers of the employees.
3) The real salvation to the SC/STs lies more in the transparency of their work.
Transparency is the key to eliminate many evils. The valuable contribution of
the SC/STs is always going unnoticed. There is no proper recognition to their
work. They are the victims of false propaganda by the upper castes. They are
the victims of caste prejudices. They are the victims of open and day light
discriminations. They are the victims of divisive politics. They are the victims
of high-handedness. They are voiceless and speechless victims of caste
brutalities.
4) Therefore the need of the hour is: The STC should open the portals of all
their employee’s in their official Website mentioning the name, designation,
[16]
qualifications, date and mode of appointment, details of their promotions
right from joining, nature of duties assigned, date of current duties assigned,
date of completing the assigned duties, time taken to complete the assigned
duties, the reasons for non-completion of the work, details of debtors,
reasons for non-realisation and so on.
5) This should be made the basis for employee ratings, performance related
pay and promotions. Otherwise the ruse of intimidating the SC/STs in the
name of merit and other preponderant virtues will go unabated.
6) This will also be the best and right tool to fight corruption. This will open the
Pandora box of who is working what? Who is getting what work? For how
many years an employee is working in the same division? What is the
productivity of each employee? This will give a death-blow to favouritism and
nepotism.
7) Altogether and once for all we should give up confidential reporting system
as it leads to favouritism and caste prejudices. Confidential reporting system
invariably breeds corruption and corrupt practices.
8) We should apply the Principles of Collective Responsibility to the STC’s
Board of Directors, Fix the Accountability to the STC’s Vigilance and Open the
Portals of all the STC’s Employees in STC’s official website to know what each
one is doing?
9) These are the sure and definite measures to contain the Corruption and the
Human Rights Violations.
Similar “Revival of STC to its golden past” suggestions were sent to the following
S.N Topic To whom sent Time and date
1 Suggestions to revive STC to its golden past & Measures to stop Human Rights Violations in STC
To: presidentofindia <[email protected]> [email protected], [email protected] [email protected]
Sun, Mar 20, 2011 at 7:40 PM
2 Save the Scheduled Castes by Reviving STC to its golden past. The Careers and the lives of the Scheduled Castes are in the complete danger by its open and daylight suppression and discrimination.
[email protected], [email protected], [email protected], [email protected]
Sat, Apr 16, 2011 at 11:10 PM
3
Criminal negligence and insensitiveness to the sufferings
[email protected], [email protected], [email protected]
Sun, Apr 24, 2011 at 6:01 PM
[17]
of the scheduled castes are the chief virtues of STC. Its utter inaction against my 50 petitions running into more than 1000 pages shows volumes of its bigotry. The STC doesn’t believe either in the Constitution of India or in the Democratic principles or in the Government directives.
4 Save the Scheduled Castes by Reviving STC to its Golden past. The Lives and the Careers of the Scheduled Castes are in complete danger by its open and daylight suppression and discrimination.
[email protected] presidentofindia <[email protected]>, [email protected], [email protected], [email protected]
Sat, May 7, 2011 at 10:03 AM
5 Save the Scheduled Castes by Reviving STC to its Golden past. The Lives and the Careers of the Scheduled Castes are in complete danger by its open and daylight suppression and discrimination
[email protected] Mon, May 9, 2011 at 11:05 PM
6 Revival of STC - The Need of the Hour. To Shri N.K.Mathur, CMD, STC
Tue, Oct 11, 2011 at 12:23 AM
7 Revival of STC - The Need of the Hour. To Shri M.M.Sharma, Director (Personnel),STC
[email protected] [email protected], [email protected], [email protected], [email protected]
Tue, Oct 11, 2011 at 10:18 AM
8 Revival Of STC To Its Golden Past. To Shri Khaleel Rahim, CMD, STC
[email protected], "[email protected]" <[email protected]>
Thu, Jan 8, 2015 at 8:14 PM
On Fri, Nov 18, 2011 at 8:54 AM, I sent following to Dr.P.L.Punia, Hon’ble Chairman, NCSC
with copies our cmd, dirfin, cvo, dir.pers, cvc through email Topic title is: Removed me from
my two divisions’ work of A&E and GAD and transferred to insignificant division literally
with no work for my non-cooperation in corrupt practices.
Therein I suggested same as above measures at page no-5 sub-titling “Transparency is the
key to overall development”
On Tue, Feb 21, 2012 at 10:35 PM, I sent 14 page emails to Shri M.M.Sharma, Director
(Personnel) copies to presidentofindia <[email protected]>, [email protected],
[email protected], Panna Lal Punia <[email protected]>, [email protected], [email protected],
[email protected], [email protected], and many others. Topic title is: Cronyism And Crony
[18]
Capitalism in STC At The Cost Of Scheduled Castes and Scheduled Tribes and National
Exchequer.
Therein I suggested following measures at page no-11 sub-titling “Introduction of
Video Conferencing system to Branch Managers Conference and Employees Union
and Officers Association Meetings”
By conducting regular morning video conferences with the district collectors the former
Andhra Pradesh chief minister Shri N.Chandra Babu Naidu brought out remarkable
improvements in the state administration. He used to conduct regular video conferences
sharp in the morning hours.
Because of this the district collectors were forced to be in their seats neatly dressed. In this
way punctuality and discipline was forced otherwise lethargic bureaucracy. Secondly since
the entire district collectors were interconnected, rest of the district collectors can listen
what others are being asked and replied. In this way he brought out transparency and speed
in the state administration.
Now my point is why we can’t introduce the system of video conferences for Branch
Managers meetings as well as Employees Union and Officers Association meetings. We can
save money as well as time in this way. In the following ways we waste time and money:
1. Before every meeting either of branch managers or union or association
consultations in the form of meetings is held within the branches to prepare the
presentations.
2. After every meeting either of branch managers or union or association meetings is
held within the branches to share the out comings of the meetings.
3. One or two days before the dates of the actual meetings, people leave from the
places of their postings to attend the meetings.
4. One or two days after the dates of the actual meetings, people leave the places of
their meetings.
5. Absence of transparency. Others than the participants, rest of the employees do not
have the access to know what is being discussed in the meetings. After all every
employee has the right to know and right to share about their organisation and their
policies.
[19]
6. TA/DA expenses of the Directors and other Top Officials representing the
Management and employees and managers of the corporate office as well as the
branches representing the Employees Union and Officers Association.
7. Loss of man-hours of the Directors and other Top Officials representing the
Management and employees and managers of the corporate office as well as the
branches representing the Employees Union and Officers Association.
8. Hotel and Conference hall charges.
9. Still I do not understand the rationale behind holding two separate and altogether
different types of meetings either by the Employees Unions or by the Officers
Association. One sort of meetings is held among themselves (called AIC meetings) in
some part of the year and another sort of meetings is held between themselves and
the Management (called JCC meetings) in another part of the year.
10. Wastage of time and money could be easily avoided by holding the Employees’
Union or Officers Association meetings with and without management at one and
the same time. That is holding AIC and JCC meetings in time only with one day gap.
This way we can reduce the expenditure to half.
11. Directors along with the top officials all the way travelling to the places of the
Employees Union or Officers Association meetings to host curtsey dinner in case
meetings are held in the corporate office jurisdiction.
12. In case the meetings are held in the branches jurisdiction the respective Branch
managers travel to the places of meetings to host curtsey dinners.
13. What I fail to understand is the rationale behind holding meetings in the Hill Stations
and Holiday Homes of various branches? Why the meetings cannot be held in
corporate office of New Delhi?
14. Does one needs to go to Hill Stations and Holiday Homes of various branches to
discuss the problems of employees and STC?
15. Do the employees of the Corporation have no right to listen what the management
and leaders representing the Employees Union and Officers Association are actually
doing and discussing?
The possible benefits are as follows:
[20]
1. Instead of meeting the branch managers once or twice in a year the Board of
Directors can regularly discuss the matters face to face with the branch managers
and updates the developments by video conference.
2. The fear of regular conference will exert pressure on the branch managers and key
officials. It will lead to increased performance levels.
3. Since video conferencing is interconnected other branch managers also will come to
know what is happening in other branches and can offer their suggestions for
overall development of STC.
4. If possible we can also allow the employees to view the proceedings and offer their
on the spot suggestions. In this way we can fulfil the Constitutional goal of ‘Workers
Participation in Management’ as enshrined in the directive principles of state policy.
5. We can bring increased transparency levels with the video conferencing system.
Since all video conferences are recorded and stored we can easily fix responsibility
for any wrongs. In this way we can avoid charge-sheeting the innocents.
6. We can derive the same benefits when video conferencing system is introduced to
the Employees Union and Officers Association meetings
On Fri, Jan 27, 2012 at 12:27 AM, I sent 98 pages (RTI-No-48) email to Shri S.K.Sharma,
CPIO, STC copies to presidentofindia <[email protected]>, [email protected],
[email protected], Panna Lal Punia <[email protected]>, [email protected], [email protected],
[email protected], [email protected], and many others. Topic title is: Suppression, Persecution
and Annihilation of Scheduled Castes and Scheduled Tribes in STC
Therein I suggested SAME as mentioned above measures at page no-95 sub-titling
“Introduction of Video Conferencing system to Branch Managers Conference and
Employees Union and Officers Association Meetings”
On Wed, Mar 14, 2012 at 12:42 AM, I sent 98 pages (RTI-No-63) email to Shri S.K.Sharma,
CPIO, STC copies to presidentofindia <[email protected]>, [email protected],
[email protected], Panna Lal Punia <[email protected]>, [email protected], [email protected],
[email protected], [email protected], and many others. Topic title is: Perish To Flourish – The
Mantra of the STC to Suppress, Persecute and Annihilate the Scheduled Castes and
Scheduled Tribes.
Therein I suggested SAME as mentioned above measures at page no-39 sub-titling
“Introduction of Video Conferencing system to Branch Managers Conference and
Employees Union and Officers Association Meetings”
[21]
On Mon, Apr 30, 2012 at 8:35 PM, I sent 70 pages email to Dr. Manmohan Singh, Hon’ble
Prime Minister of India. Topic title is: The STC Is Actively Working against the National
Interests As well As the Interests of the Scheduled Castes and Scheduled Tribes.
Therein I suggested SAME as mentioned above measures at page no-64 sub-titling
“Introduction of Video Conferencing system to Branch Managers Conference and
Employees Union and Officers Association Meetings”
On Wed, May 15, 2013 at 12:13 AM, I sent 98 pages email to Shri S.K.Sharma, CPIO, STC
with copies to our cmd, dirfin, cvo, dir.pers, cvc Topic title is: RTI Application No - 139.
What Sins I Have Committed For STC Spoiling And Devastating My Career? How The STC Can
Take Away My Right To Information?
Therein I suggested following measures at page no-49 sub-titling “When The Government
Of India Can Telecast The Live Proceedings Of The Parliament What Is Wrong In STC
Adopting The Same In The Interest Of The Organisation And The Nation.”
1. The STC should introduce the Video Conferencing System to The Branch Managers
Meetings and Employees Union and Officers Association Meetings. This Will Help Us
Not Only Fulfilling The Constitutional Goals Of “Workers Participation In The
Management”, “Panchayati Raj” (bringing power to the people) And “Right To
Information” But Also Help Us To Bring Speed And Total Transparency In The
Administration And Curb Corruption And Unwanted Expenditure on Tours &Travels
And Boarding &Lodgings.
On Sun, Sep 15, 2013 at 11:57 PM, against Shri Surender Kumar circular asking suggestions
from employees I sent following to him through email with copy to [email protected]:
1. How the Fast-Track and Super Fast-Track double Promotions for every two years to
the Campus Recruits at the cost of regular employees and at the cost of poor
people’s money benefitted STC?
2. When the Government of India can telecast the live proceedings of the Parliament
what is wrong in STC adopting the same in the interest of the organisation and the
Nation.
3. The Real Salvation To The SC/STs And The Real Solution For The Corruption-Free
Society Lies More In The Transparency Of The Peoples Work.
4. All circulars should be uploaded in the STC Website.
5. Reaching the employees directly will yield better results.
6. Routing through various channels may or may not reach. Also result in delay.
7. Bring maximum transparency in the administration. This will solve problems.
[22]
On Mon, Oct 21, 2013 at 10:04 AM, I sent following to our CMD Shri Shri Khaleel Rahim
through email with a copy to Vijay Bhushan <[email protected]>
1. Debar Branch Managers/Heads of Divisions wasting their time on personnel and GAD
matters. Let them fully concentrate exclusively on trading activities. Personnel and
GAD matters do not generate any revenues. It is crime wasting their valuable time
on silly and petty matters. Instruct them to respect delegation of powers. I am not
denying the necessity of controlling the expenditure. STC is incorporated for trading
activities and not personnel and GAD matters. In particular debar Finance heads in
entangling too much in personnel and GAD matters.
2. My sincere request is upload the work of what all employees are doing. Distribute
work equally among the employees without excuses. Make this as the only criteria
for promotions and performance related pay. Do not go by APARs as criteria for
rewarding/awarding the employees. Because they are not true pictures. They are
biased. Do not give promotions simply because some are professionals.
3. If possible bring video conferencing system for Branch Managers meeting. In many
of my RTIs I have mentioned need of video conferencing. It not only drastically
reduces the expenditure but also brings monitoring the people on regular basis.
Many corporate giants started adopting this to curtail expenditure on TA/DA during
this recession. Even our President of India started using this system and curtailed
expenditure. Like this MSRTC also started.
4. If you want I will elaborate further.
On Fri, Feb 28, 2014 at 12:28 PM, I sent following to Shri Vijay Bhushan Director (Staff
Grievances) through email with copy to [email protected]:
1. Scrap the system of present day APAR system as it breeds and encourage corruption
and corrupt practices. The ratings are given based on the chmchagiri and give and
take modus operandi. I can prove this with empirical evidences.
2. In its place bring transparency system of rating the employee based on actual
performance by uploading employees allotted work and completed work in STCs
web portal.
3. Instead of focussing on trade and other business matters why people in STC are
focussing on GAD and Personnel matters? Why there is no delegation of powers? By
concentrating the powers they are showing favours based on their relations. This
type of operating system breeds give and take modus operandi.
[23]
On Mon, Mar 31, 2014 at 1:23 PM, I sent following suggestions to our CMD Shri Shri Khaleel
Rahim through email
1. The recent two circulars from GM (RLK) regarding review of APARs and submission of
annual property returns to personnel division instead of to vigilance are excellent
initiatives.
2. Sir STC is a trading house. Our main focus should be trade only. Everything should
come second. See the deployment of manpower in marketing, personnel, general
administration, and others. It is less in marketing. We are engaging employees more
in spending and expenditure activities and less in income and revenue generating
activities.
3. Replace CHARITY mindset with DUTY in the administration. Service divisions should
deliver services. Bring total transparency in the administration. Reduce the strength
of manpower in these service divisions to bare minimum. The banks in their notice
boards mention minimum time for DD making and others. Likewise we should fix
minimum time for every work failing which explanation should be sought. I have
introduced NEFT system for reimbursement of OPD to retired employees. Copy
enclosed.
4. Many works can be overhauled and reduced drastically. In medical reimbursement
much paperwork and many employees are involved. Either STC should pay fixed
amount through salary OR directly pay against medical cash receipts without filling
medical forms and others. Not only reduced paperwork and reduced manpower this
will eliminate discrimination, favouritisms, discretions, harassments and other ills in
the system.
5. Sir utilise the services of vigilance division exclusively for business development.
Don’t allow vigilance to waste their valuable time and energies on matters
concerning employees. Vigilance consists of intellectuals. Use them for intellectual
activities of gathering inputs on business associates credentials on day to day basis.
6. Sir in the interest of STC and the Nation we should stop corrupt and fraudulent
activities in the beginning itself instead of carrying out post-mortems at the later
stage of loot which is of no use as lost money cannot be gotten back. Our approach
should not be like “Marry in haste, repent at leisure” or “Act in haste repent at
leisure”.
7. Deal the frauds and corrupts with iron hand as a deterrent for future. Prevention is
better than cure. Our sole and whole concern should be to protect the STC money
from dubious and murkier business transactions.
[24]
8. That’s why utilize the vigilance division services on parallel lines during and after
entering business deals to prevent corrupt and fraudulent activities by way of
carrying out market research on credentials of business associates on regular basis
and immediately reporting deviations if any to stop the deals.
9. Stop overzealously entertaining the government audit part (GAP), internal auditors,
statutory auditors, and others. By that way they help us highlighting the wrongs if at
all if we are committing any. When we entertain them they cover up the wrongs
which later on cost us heavily leading to deathblow. My point is that the STC should
make them all equally responsible for losses caused by dubious and murkier business
transactions for not stopping them and for dereliction of their assigned duties.
10. Finally my fundamental doubt is how charge-sheeted superiors in their jealousy and
frustrated moods can write APARs of their honest juniors in unbiased ways. Ensure
display of all corporate office circulars in the branch notice boards as well as in the
STC website
On Tue, Dec 16, 2014 at 8:25 PM, I sent following to our CMD Shri Shri Khaleel Rahim
through email
1. Today I happen to see our STC website wherein tenders are invited for "Request for
Quotation (RFQ) for Implementation and Support of Video Conferencing Solution on
Turnkey Basis". I am delighted for accepting my suggestion. I wish you will also
implement other my suggestions as well in the interest of our STC, in the interest of
our country and in the interest of our SC/STs.
Some of My Contributions Unrecognised By STC
1. I Can Proudly Say That I Am Not A Corrupt. I Never Purchased Disposed Scrap Like
Motor Vehicles to Draw Monthly Bogus Motor Car Conveyance Reimbursements or
To Claim Tax Deductions. I Never Submitted Bogus Hotel Stay Bills To Claim Tour
DAs. I Never Thought Of Looting STCs Money By Any Corrupt And Fraudulent Means.
2. I Never Claimed Out Of Pocket Expenses During My Tenure In Gandhidham. I Never
Ate Even Snacks During The Closing Of Accounts Work At The Cost Of STC During My
Tenure In Gandhidham. I Never Claimed Any TA/DA Claim During My Tenure In
Gandhidham. I Reduced Closing Of Accounts Expenditure From Lakhs To Few
Thousands During My Tenure In Gandhidham. I Signed Final Accounts As Head Of
Finance For Two Years During My Tenure In Gandhidham.
[25]
3. In Mumbai Retired Employees Were Paid OPD Medical Reimbursements through
Individual Cheques. It Involves Personnel Division Receiving Claims First, Then
Sending Recommendations To Finance. It Involves Tedious work Of Preparing
Vouchers and Sometimes Partialities in Forwarding the Claims to Finance. Then
Finance Division Preparing Three To Four Hundred Individual Cheques Along With
Covering Letters and Sending Them by Couriers. Added To That Sometimes There
Are Complaints of Not Receiving Cheques.
4. Then I Introduced National Electronic Funds Transfer (NEFT) Mode Of Payment. Here
No Scope for Favouritisms. All Retired Employees Will Receive Payments Directly Into
Their Accounts At Fixed Intervals.
Finally I conclude by repeating some of my suggestions which STC, CVC, DOCOM followed:
1. The STC introduced Performance Management System (PMS) for Managers by
replacing the earlier ACRs system. This PMS is nothing but replica of my suggestion
of opening employee portals in STC website to measure employee ratings.
Compare PMS contents with the following my suggestion to know how they
copied: Therefore the need of the hour is: The STC should open the portals of all
their employee’s in their official Website mentioning the name, designation,
qualifications, date and mode of appointment, details of their promotions right from
joining, nature of duties assigned, date of current duties assigned, date of
completing the assigned duties, time taken to complete the assigned duties, the
reasons for non-completion of the work, details of debtors, reasons for non-
realisation and so on.
2. Video-conferencing system to save time and money and to monitor branch heads on
regular basis instead of meeting them once or twice in a year in the name of Branch
Managers meeting in New Delhi corporate office.
3. Online NEFT medical payments to retired employees (I initiated in Mumbai branch)
4. Delinking annual property returns from vigilance to personnel divisions. (refer GM-
RLK circular)
5. Reviewing of APARs. (refer GM-RLK circular)
6. Directly submitting medical claims without involving personnel (refer GM-RLK
circular)
[26]
7. CVC circular and STC Vigilance Circular dated 19th December 2012 is issued based on
my highlighting fraudulent activities of STC awarding Rs.13.72 lakhs contracts to UTI.
UTI without competitive tendering mechanism and without any significant value
addition awarded contract to a private party.
In fact the demolition of STC residential apartment and construction of office
building in its place is actually given to UTI. Since I exposed above fraud it was
abandoned. One day the UTI officials came to our building where I was staying to
take building measurements saying Mr Amit Raha entrusted the work to them. On
paper it was now given to CPWD. Building is vacant since 17.10.2012. It is Loss to
National Exchequer due to loss of rental income. Higher-ups tried to loot STC in the
name of constructing offices like the way it was done in Chennai and Bangalore. STC
has not furnished details of constructions cost of above offices so far.
8. Implementation of two tier system for CSR Projects. Office order dated November
21, 2013 issued by Shri T.Kerketta, JGM is based on my highlighting the irregularities
in the CSR. If we analyse total amount of money spent on CSR by STC, we will come
to know shocking revelations. It is said that the STC officials even made pilgrimage to
Lord Tirumala temple in Tirupati as part of CSR.
9. But the sad is STC never recognised me instead it persecuting me to no end.
My achievements during my tenure at the Kandla Branch
1) I have stopped illegitimate payment of Rs.1.62 crores to a party which was
recommended by the corporate office and which was duly endorsed by the
Ahmadabad Branch Manager and Ahmadabad Head of Finance when I was
working at the Kandla branch of STC.
2) I have refused to accept the Bank Guarantee of Rs.1.60 crores which was
issued by the SBI for Mumbai branch Edible Oil operations. And the party
finally made payment to such an extent for Kandla Edible Oil operations as a
guarantee.
3) I have refused to sign the “C“form even when I was pressurised to do so by a
team from Delhi.
4) I refused to contingent liability provision of around Rs 1.5 crores to
Bangladesh operations without documentary evidence.
[27]
5) For my closing of accounts work at Kandla branch I was given appreciation
letter by none other than the then Finance Director.
6) During my two years tenure at Kandla I never have drawn any out of pocket
expenses. I felt every work including closing of accounts work is part of our
work and salary covers everything.
7) Our Kandla auditors at that time sit in the Bhavnagar. At the instance of the
then Director (Finance), I left in the middle of night along with my team to
get the accounts audited and signed by our auditors. For this tour also I have
not drawn anything.
8) Though the then Director (F) has given me the blanket approval to hire a
private vehicle to go to the Bhavnagar, I managed with our office car thereby
saving around Rs.30000/-.
9) The audited accounts during those two years show how I have reduced
expenses on auditors when compared to previous years. From the lakhs, I
have reduced the expenses to few thousands.
10) For working in the interest of STC even my family members received threatening telephone calls.
My achievements in the Mumbai Branch
1) From the financial year 2002-03 the tax on non-monetary perquisites is to be
borne by the employees themselves. Only a rebate in the form of average tax
is available, which is to be borne by the STC. When I have taken over the
charge of Salary Division in September 2004 I have calculated income-tax
accordingly despite of strong protest from employees. Earlier, ignorantly my
predecessor Mr. D.Jayant had been paying STC money on behalf of
employees. In this way I have saved STC’s money.
2) I have never drawn STC’s money in the form of bogus motor car conveyance.
3) For refusing to give reply as per the directions of Shri S.K.Sarangi the then
branch manager in the bogus LTC claim of Union leader, my annual reports
were spoiled. I stood by values rather than the benefits.
4) For implementing the corporate office framed Dormitory rules to Ms. Valarie
D’ Silva, she spoiled my annual reports when taken over the charge of branch
manager ship.
[28]
5) Though approval was given by the corporate office for reimbursing mobile
telephone expenses with immediate effect to Ms. Valarie D’ Silva, Shri
S.K.Sarangi the then branch manager has approved reimbursement with
effect from date of her joining the branch. For taking objection, my relations
were further spoiled.
6) For not showing favouritism and for strictly implementing the existing LTC
rules to the claim of our Head of Finance Shri Pawan Gupta (DGM), my
annual reports were spoiled by him.
7) Again for not showing favouritism and for strict implementation of existing
medical rules to the claim of our Head of Finance Shri Pawan Gupta (DGM),
again my annual reports were spoiled by him.
8) I have exposed the wrongs in performance related pay calculations for which
I was appreciated. Of course later on they have removed me from that
division.
9) I have highlighted the non-payment of VAT. As a penalty we have paid
around Rs.100000/- for delayed payment. Had I not highlighted we would
have attracted more penalty.
We in STC celebrate Vigilance Week every year by taking pledge against
corruption. But see what we do instead.
1) For implementing cafeteria based perks I was removed from salary & GAD
divisions by the then branch manager Shri A.K.Mahajan and the then head of
finance Shri R.Ganesh as they suffered heavy losses due to my implementing.
2) They forced me to vacate my 2BHK Official Accommodation on 17.10.2012 In
the name of Demolishing and Construction of New Office Building. Forget the
Construction still Demolition has not taken place. For not Co-operating in
Corrupt Practices my Reallocated Flat was handed over to new applicant by
Mr. R.Ganesh.
3) Afterwards I was posted by them in cash and banking division. One day while
authorising NEFT payments I noticed GAD Finance clearing inflated bogus
hotel stay bills against TA/DA claims of finance personnel and others. When I
brought these episodes to notice of then head of finance Shri R.Ganesh, he
restricted my work of authorising payments from five day week to one day
week.
[29]
4) Shocking is he neither removed finance manager from GAD division nor taken
disciplinary action against him for bogus claims. Later on when another
finance manager from SC brought similar bill to the extent of Rs.75000/- for
17 days hotel stay in Delhi for inquiry against charge-sheet, he forced him
and another employee to retreat from claim and advised them to claim all-
inclusive claim of Rs.2000/- per day. Shri Ganesh shared me this information
saying he started containing corrupt practices and saved STC money Rs.
54000/- in this way from each one.
5) Now I am completely removed from work of NEFT authorisation by the
present dispensation so that I will not be able to see any future malpractices
when i noticed paying full day DA for local tours. There is a concept of
conglomeration in FRSR rules. Ghaziabad is treated as part of New Delhi for
paying DA. For local tours 50% of eligible DA is to be paid. If they consider X
place away from Mumbai, then they should pay X place DA and not Mumbai
DA.
6) Shocking is ultimately STC removed computer from my table. No Rule of Law
in STC.
7) In STC Workaholics are those who facilitate loot of Public Money.
STC has not furnished following information since MM Sharma Director (Personnel)
tenure:
1. Names of Managers recruited,
2. Names of Newspaper Advertised,
3. Total applications received, Why applications called by ordinary post,
4. Names of Campus Recruits inducted, Names of Campus Recruits resigned,
5. Names of Managers Promoted including those left 2days service,
6. Chennai, Bangalore office construction cost including details of contractors, sub-
contractors and patterns of tenders called/invited,
7. Why Mumbai office construction plan give-up, 16th road STC residential apartment
was vacated in the name of demolishing and construction of office in its place. But
nothing happened. So furnish amount of Loss caused due to keeping the building
vacant since 17.10.2012,
8. Details of money spent on CSR,
9. Details of Business Losses and
10. Details of Legal Cases Lost.
[30]
Constitutional Frauds In STC The STC Is Subverting The Constitution Of India Against The
Interests Of SC/STs.
“Dr B.R. Ambedkar, while introducing the draft constitution in the Constituent Assembly,
spoke about constitutional morality and remarked “….it is perfectly possible to pervert
the Constitution, without changing its form by merely changing its form of administration
and to make it inconsistent and opposed to the spirit of the Constitution.”
“Roman legalist Julius Paulus (B.C. 204) says: "One who does what a statute forbids
transgresses the Statute; one who contravenes the intention of a Statute without
disobeying its actual words, commits a fraud on it."
“While Dr B.R. Ambedkar warned the people of India about the possibility of subverting
the Constitution without changing its form, Roman legalist Julius Paulus (B.C. 204) said
that a fraud on a statute could be committed without disobeying its actual words”.
-------
To 02.08.2015
Dr. P.L.Punia.
Honourable Chairman, National Commission for SCs,
5th floor, Lok Nayak Bhawan, Khan Market
New Delhi – 110 003
Hon’ble Chairman,
SUB: harassment and Discrimination in Promotion. File No.Y-2/Commerce-4/2012/SSW- I
REFERENCE: NCSC Director Shri Kanhaiya Lal letter dated 20.07.2015 received on 31.07.2015
asking me to submit detailed rejoinder against the proceedings of the discussion held on
25.06.2015 in the Chambers of Hon’ble Member Smt. P.M.Kamalamma.
At one point of time the Director (Personnel) Shri S.K.Sharma submits about me before the
Hon’ble Member Smt. P.M.Kamalamma National Commission for Scheduled Castes on
25.06.2015 to quote “Since the Present CMD Took over the Charge, He and Me are Sincerely
Trying Maximum to Help Him out Resolve All His Grievances”.
[31]
Again when the topic of STC keeping me on probation for eleven years came up before the
Hon’ble Member Smt. P.M.Kamalamma on 25.06.2015 the Director (Personnel) Shri
S.K.Sharma says to quote “The Best Thing the STC Should Have Done is discharging Him from
the Services after Two Years for Not Acquiring the Prescribed Qualifications”.
My humble submission to Hon’ble Chairman is ultimately what the STC is trying to tell the
National Commission for Scheduled Castes through the Director (Personnel) Shri
S.K.Sharma? Instead of accepting its wrongs and repenting for illegally keeping me on
probation for 11 long years the STC is inhumanly and remorselessly supporting its actions.
This is the way the STC wants to helping me out under Shri Khaleel Rahim CMD leadership?
Even though my Probation clearance is not linked to acquiring prescribed qualifications I am
kept on probation for 11 years. My point is how STC can keep an employee on probation for
1 year when acquiring prescribed qualifications is not possible within 1 year. Enforcing the
impossibility is unethical, cruel, illegal and unconstitutional. It reflects STC mind-set towards
SC/STs and also shows its disobedience and disrespect to government special directives and
the Constitution of India.
Instead of filling all backlogs with available SC/STs who possessed prescribed qualifications
of ICWA (Inter), STC filled half the backlogs with SC/STs who do not possessed prescribed
qualifications of ICWA (Inter) under Rajiv Gandhi government launched Special Recruitment
Drive. Secondly instead of offering appointments to SC/STs who possessed prescribed
qualifications of ICWA (Inter), STC preferred to offer conditional appointments to SC/STs
who do not possessed the prescribed qualifications of ICWA (Inter) only to harass them later
on. Thirdly the STC offered managerial posts to MBA and ICWA (Inter) candidates on other
occasions. But under the Rajiv Gandhi government launched SRD the STC did not consider
MBA even as equivalent to ICWA (Inter) and offered conditional appointment to staff cadre
post of OM (A/Cs). Even my qualifications of M.Com and M.Phil are considered inferior to
ICWA (Inter) and I was also offered conditional appointment to the post of OM (A/Cs)
Let STC furnish copy of Rajiv Gandhi govt launched SRD directives received by STC against
which STC issued SRD employment notification in 1989 and against which I was recruited.
Till 2010 promotions in STC up to the rank of Manager from Assistant Manager are based on
seniority. But in the name of interviews under the new promotion policy 2010 it denied me
promotion to post of Manager (Finance). All my three juniors were promoted within 4 years
of their service as Deputy Managers. But I am working as Deputy Manager for last 9 years.
The minimum marks required in the interview for being eligible for promotion for open
candidates and SC/ST candidates are one and the same. On par with open candidates the
SC/STs also required to get same minimum marks in the interviews for being eligible for
[32]
promotion. But only after the intervention of NCSC the STC amended the promotion policy
2010 in the month of June 2015 by relaxing minimum marks to SC/STs by 5%.
The STC constituted Grievance Redressal Committee is glorifying the findings of DPC and in
turn the NCSC Research Officer Shri A.P.Gautham and the STC Director (Personnel) Shri
S.K.Sharma glorifying the Grievance Redressal Committee member Shri K.G.Verma as a
leading authority in India in the service matters. They are glorifying each other.
And in its report at page no-17 the Grievance Redressal Committee says “Even the courts do
not intervene with the findings of the DPC”. If the committee reports are considered as
Bible by the NCSC Research Officer Shri A.P.Gautham and the STC Director (Personnel) Shri
S.K.Sharma, how the STC relaxed the minimum marks required in the interview for being
eligible for promotion by 5% to SC/ST candidates by amending the new promotion policy
2010 in June 2015 after 5 years of adopting the promotion policy.
It simply means there is something is seriously wrong with the promotion policy 2010 as
well as with STC.
1. I submit the following Constitutional Frauds Perpetuated by STC for your kind and
immediate intervention.
1) Denial of Rightful Opportunities to SC/STs in the Rajiv Gandhi Government
Launched Special Recruitment Drive in 1989
2) Denial of Rightful Opportunities to SC/STs in the STC New Promotion Policy
2010.
3) Filling only two out of five Backlogs as if there is dearth of B.Com/M.Com
candidate under the Rajiv Gandhi Government Launched Special Recruitment
Drive in 1989.
4) Backlogs within the Backlogs. Backlogs Become Backlogs Again Since 1989.
5) Restricting the Entry of SC/STs by Enforcing Conditions upon their
employment under the Rajiv Gandhi Government Launched Special
Recruitment Drive in 1989 and
6) Exploiting the defenceless SC/STs recruited under the Rajiv Gandhi
Government Launched Special Recruitment Drive in 1989 by denying annual
increment arrears and due promotions with retrospective effect after
clearing probation after 11 years of service.
[33]
2. Keeping on probation for eleven (11) years against the DOPT Rules which says
“probation should not be extended for more than a year and in no circumstance an
employee should be kept on probation for more than double the normal period.”
“If during the period of probation, a probationer has not undergone the requisite
training course or passed the requisite departmental examinations prescribed
(proficiency in Hindi, etc.), if any, the period of probation may be extended by such
period or periods as may be necessary, subject to the condition that the total period
of probation does not exceed double the prescribed period of probation”.
“The Appointing Authority may, if it so thinks fit, extend the period of probation of a
Government servant by a specified period but the total period of probation does not
exceed double the normal period. In such cases, periodic reviews should be done
and extensions should not be done for a long period at one time”.
But without doing any periodic reviews the STC kept me on probation for 11 years
against the Rules of DOPT.
3. Denied me annual increment arrears by quoting FR 26 (6) clause “no arrears on this
account should be allowed to him for the period prior to the date of confirmation.”
But Clause 3 of my appointment letter says: “However on acquiring one of the said
prescribed qualifications all annual increments that may be due to him will be
released”.
The STC is not respecting its own terms and conditions of my appointment.
4. Void contract: clause 2 of my appointment letter says: the qualifications prescribed
under the rules of the corporation for the post of Office Manager (A/Cs) are CA
(Inter)/ICWA (Inter). He has not acquired any of the said prescribed qualifications. He
will have to acquire one of the said prescribed qualifications or pass the
departmental examination within a period of two years or within such extended
period as the corporation may allow failing which his/her services would be liable to
be terminated.
To fulfil the condition of my appointment I requested STC to conduct departmental
exams as other two options are not feasible to me. Further selecting the given
options is my prerogative. STC cannot enforce which options I should select among
the given options. But it turned down my request sent by Mumbai branch dated
23.12.1991 saying departmental exams are not conducted regularly but based on
requirement. If exams are not conducted regularly why pass in departmental exams
[34]
given as one of the options to clear condition of appointment. Instead it advised me
to take exams of CA (Inter)/ICWA (Inter). Kindly refer STC reply dated 17.01.1992.
Since STC refused to conduct the exams the condition of my appointment stands
cancelled and it becomes null and void as it is breach of contract.
Afterwards when I first appeared for departmental exams in 1994 I failed in all the
four papers due to my complaining to National Commission for SC/STs. Shocking is I
failed even in elements of book-keeping and English paper. Those people who
copied in front of me passed the exams and become my seniors now. Results are
pre-determined in STC. Shri S.K.Sharma has endorsed me saying he heard from RLK.
5. My submission is that this conditional appointment is against the government
directives. Secondly my qualifications of M.Com and M.Phil were not fully
considered while giving me appointment. The minimum required qualification for
taking this conditional appointment is B.Com. Thirdly MMTC considered M.Com on
par with CA (Inter) and ICWA (Inter) and offered unconditional appointment to the
same post of Office Manager (Accounts). Fourthly RITES also relaxed educational
qualifications and I attended Assistant Manager Interview.
6. Conscious, Calculated and Continuous Persecutions against me by STC for my filing
635 RTIs on STCs Illegal and Unconstitutional Activities.
7. All my three juniors were promoted under the new promotion policy 2010. I am
being evaluated inferior to SSC and HSC based managers. By using my scheduled
caste superior Shri D.Jayant Chief Manager (Finance) my APARs are being spoiled
with adverse and unacceptable remarks. From head of finance, branch manager and
Director (Finance) everyone endorsed his ratings. For 2012-13 Shri D.Jayant Chief
Manager (Finance) has given me Very Good rating but Director (Finance) has
reduced the rating to mere Good.
8. Among the FOUR Deputy Managers (Finance) I am not only the senior most but also
the only one scheduled caste. In the interviews held on 30.08.2010 for promotion to
the post of Manager (Finance) the undersigned, Smt. B.K. Meera and Shri Srinivas
attended. As the fourth one Shri Rajiv Mathur was short of six months to the
qualifying period of 4 years service he was not called. In this both my juniors were
promoted and I am not.
9. When fourth one Shri Rajeev Mathur acquired the qualifying period of four years,
we two were called for interview held on 31.01.2011. And he got promoted and I
was denied promotion for second time.
[35]
10. But the Director (Personnel) Shri S.K.Sharma is justifying Shri Rajeev Mathur
promotion before the Hon’ble Member Smt. P.M.Kamalamma saying the post of
Manager (Finance) is professional. He is indirectly saying Shri Rajeev Mathur is
professional with ICWA (Inter) and I am not with M.Com and M.Phil.
11. Smt. B.K. Meera joined STC as JR. ASSISTANT on 06.06.88. She got five promotions
so far. Shri Rajeev Mathur joined STC on compassionate grounds as OM (A/Cs.) on
20.03.95. He got three promotions so far. I joined STC as OM (A/Cs.) under the Rajiv
Gandhi government launched special recruitment drive on 19.02.1990. In more than
25 years service I got just two promotions.
12. My submission is let the Director (Personnel) Shri S.K.Sharma explain to the Hon’ble
Member Smt. P.M.Kamalamma the following:
a) Whether Smt. B.K. Meera and Shri Rajeev Mathur got promoted as Manager
(Finance) under professional channel OR normal channel.
b) Does one can become professional by passing departmental examinations
conducted by the STC? Does Smt. B.K. Meera is CA / ICWA?
c) Can one become a professional with a pass in CA (Inter) and ICWA (Inter)
exams without completing the CA / ICWA course? Can CA (Inter) and ICWA
(Inter) practice profession? Can CA (Inter) and ICWA (Inter) be called as
professionals? Can CA (Inter) and ICWA (Inter) be called as professional
degrees?
d) Does the Director (Personnel) Shri S.K.Sharma confirming that I am being
denied promotions to the post of Manager (Finance) because neither had I
passed the departmental exams nor I am professional like Smt. B.K. Meera.
e) During the earlier regimes I was eligible to the promotions to the professional
posts of Assistant Manager (Finance) and Deputy Manager (Finance). But
now during the present regimes I become ineligible to the professional post
of Manager (Finance).
f) Let the Director (Personnel) Shri S.K.Sharma confirm do all employees of STC
working in Finance, Marketing and Personnel are professionals except me.
13. The Director (Personnel) Shri S.K.Sharma argues that Shri SUKHDEV SINGH Chief
Manager (Finance) who joined STC along with me under the Rajiv Gandhi
[36]
government launched special recruitment drive on 14.05.90 is professional and he
will object to my promoting me to the rank of Chief Manager (Finance).
a) Let the Director (Personnel) Shri S.K.Sharma explain why my name was
appearing first in the merit list of candidates empanelled for OM (A/Cs.)
under Rajiv Gandhi government launched special recruitment drive. Kindly
refer page no-3 of the grievance redressal committee report. Attachment-12.
b) Why Shri SUKHDEV SINGH name is appearing in 5th position in empanelled
merit list despite of possessing professional degree of ICWA (Inter).
c) Why Shri Pradeep Kr. Chouhan standing in 2nd position in the merit list of
candidates empanelled for OM (A/Cs.) didn’t join STC. Why Shri SUKHDEV
SINGH standing in the 5th position joined STC.
d) Why Shri Purushottam Dass standing in 3rd position in the merit list of
candidates empanelled for OM (A/Cs.) resigned STC with ICWA (Inter). Why
Shri SUKHDEV SINGH standing in the 5th position continuing in STC with ICWA
(Inter).
e) Why Shri Gurappa standing in the 4th position in the merit list of candidates
empanelled for OM (A/Cs.) resigned STC with M.Com qualification. Why Shri
SUKHDEV SINGH standing in 5th position continuing in STC with ICWA (Inter).
f) Despite of Shri Bimal Kumar Saha (standing in the 7th position) possessing the
prescribed qualification of ICWA (Inter) he was not offered post saying “since
five candidates joined, no offer issued”. Instead STC offered CONDITIONAL
POSTS to FOUR candidates who do not possess the prescribed qualifications.
Is it not clear Constitutional Frauds perpetuated by STC?
14. Denial of Promotions Apart, the STC Used the Weaponry of Fooling, Insulting and
Humiliating to persecute me on each and every count.
Three times my interview dates were cancelled in the eleventh hour (24.02.2012,
30.10.2012, 24.03.2014). Onetime grievance redressal committee meeting was
cancelled. All these cancellations and postponements were done at the behest of
the then Director (Personnel) Shri M.M. Sharma with a criminal intent to insult, ill-
treat, harass, humiliate and intimidate as an act of a revenge for my filing RTI
applications to expose his corruption deeds.
[37]
15. On 09.01.2012, corporate office intimated our branch manager to depute me, Ms.
Mrinalini Nag and Ms. Shubham Sharma to attend interviews on 24.02.2012. But on
21.02.2012, corporate office intimated branch manager regarding postponement of
interviews. By removing my name, within one week, corporate office intimated
branch manager to depute Ms. Mrinalini Nag & Ms. Shubham Sharma to attend
interviews. And both were promoted as Deputy Manager w.e.f. 01.01.2012 which is
retrospective date. The STC should give answer to this humiliation and insulting act of
removing my name from the earlier list & not calling along with them.
16. Afterwards on 17.12.2012 I was called back for interview to the post of Manager
(Finance) only to fool me and sent me back without selecting me even though I was
the only one candidate appeared for the interview as all other my juniors were
promoted. Finally on 24.06.2013 I attended the interview to the post of Manager
(Finance) for the fourth time but again I was denied promotion.
17. To Know the Gravity of Discrimination, My case should not be viewed in Isolation.
It should be compared from the favouritism shown in other cases.
Without interviews Shri S.A.Pawar was promoted to the post of Manager. Employees
who were at the verge of retirement and who were left with no more than two days
or two months service were promoted. This space is insufficient to enumerate each
and every case of favouritisms given to other employees by STC.
The Director (Personnel) Shri S.K.Sharma says before the Honourable Member Smt.
P. M. Kamalamma on 25.06.2015 that Shri Rajiv Mathur was promoted whereas I am
denied because I am not professional. But People who joined as Peons, clerks,
stenos, etc can reach higher positions and discharge the duties of professionals.
Open the seniority list of managers to know many more wonders of peons’ growth.
Statement of Clerks, Stenos, OMs, MTs, AMs Who Reached To Chief General Managers
and General Managers
Sl. No
Name
S/Shri/Ms.
Date of joining STC
Position held on joining STC
Present position
1 R.L. BATRA METRIC Chief General Manager
2 L.N.KATARIA Junior clerk Chief General Manager
3 SURENDER KUMAR 27.08.76 OM Chief General Manager
4 B.K. TULI 01.02.77 Asstt. System Chief General Manager
5 NAN JAYAKUMAR 04.11.88 OM Chief General Manager
6 BALDEV RAJ DHAWAN 16.10.85 OM Chief General Manager
7 LAKPA SHERPA 05.03.90 AM (T) Chief General Manager
[38]
8 SAMIR KAUL, 14.03.77 DMM-II Chief General Manager
9 PRAKASH CHAND 01.09.75 STENO General Manager
10 AS DIVAKAR RAO 29.04.81 EISA General Manager
11 NAGESHWAR RAO 15.10.81 OM General Manager
11 A K MAHAJAN 07.04.77 STENO General Manager
12 H K DUTTA 21.01.83 Comm.Artist General Manager
13 ROHSAN LAL KAUSHAL 28.12.78 Steno General Manager
14 VIVEK MATHUR 19.06.89 MT General Manager
15 D P MISHRA 17.07.86 MT/AM General Manager
16 R C MALHOTRA 11.08.76 Steno General Manager
17 VIJAY BHUSHAN 20.10.76 Steno General Manager
18 HARI SINGH 08.07.87 DMM-II General Manager
19 Ms. S L JOHRI 01.09.76 DMM-II General Manager
18. The STC air-dashed Shri G.R.DATTA from New Delhi instituting investigation against
me based on the complaint lodged by two scheduled castes managers Messrs
D.Jayant and V.P.Bendre who are charge-sheeted in multi-crore business lootings.
The then Director (Personnel) Shri M.M.Sharma against whom I filed RTIs instituted
false, malicious and vexatious investigations against me on 19.05.2014 and
20.05.2014 even without giving me intimation causing mental traumas to me and my
family members. To avenge for my filing RTIs Shri M.M.Sharma reopened this dead
issue which was resolved by our branch manager.
19. Lies, Cheatings and Treacheries. Everything is a big Mockery in STC. The
Machiavellians of STC have surpassed Machiavelli in the Art of Machiavellianism.
20. I am called to New Delhi in the name of redressing my grievances twice. First time I
was told that I am called to exchange views and second time I was told that my
grievances are devoid of any merit. When I filed RTI I received reply filled with lies.
See their treachery only covering letter was signed by CPIO and attachments which
are in the nature of warnings against the rules signed by unknown. Copy attached.
21. To Transfer Shri R.Ganesh Deputy General Manager (Finance) from Mumbai to his
Home-Town Chennai, Shri S.K. SINGHAL Joint General Manager (Finance) from New
Delhi was posted in Mumbai. But he managed to Kolkatta. Then Shri MOHD. S.
ZAHEER ABBASI Deputy General Manager (Finance) from New Delhi was posted In
Mumbai. But he also managed.
22. Ultimately Shri V.P.Bendre Chief Manager (Finance) was anointed as Head of Finance
of Mumbai branch who facilitated the loot of several hundred crores of STC, who
was charge-sheeted twice or thrice, who was awarded two-increments reduction
punishment for facilitating the multi-crore loot and who is solely answerable,
[39]
responsible and accountable for more than Rs.1014 crores demand from
Maharashtra government sales tax authorities. These all are ex-parte orders.
23. Shri RAJESH KUMAR PRASAD Chief Manager (Finance) was posted in Mumbai. His
transfer was delayed against His Request and Ultimately Cancelled to Mumbai.
24. When I first attended the Meeting on 29.04.2015 the Director (Personnel) Shri
S.K.Sharma told me that two Managers were posted Exclusively for Sales Tax matter
in Mumbai. But nowhere were they seen. Then again when I attended the meeting
after two months on 25.06.2015 I am told by the Director (Personnel) Shri
S.K.Sharma that Shri LALIT KUMAR JAIN Deputy General Manager (Finance) will be
relieved in a day or two who has been posted Exclusively for Sales Tax matter in
Mumbai. But he is also seen nowhere.
25. He also told me in the presence of General Managers Messrs R.L.Kaushal and
Mahapatra Samit that Shri JATIN who has been posted to Mumbai for exclusive sales
tax matters is unable to join Mumbai as his wife is not well. Earlier Shri RAJESH
KUMAR PRASAD Chief Manager (Finance) who was posted in Mumbai also took
same excuse to evade transfer to Mumbai.
26. They say how we can forcefully relieve someone when they are in Troubles and
Mental Traumas. I totally agree. But my humblest point is why this Benevolence is
not extended to me.
27. Scared of going to Gandhidham with my family consisting of children of 4 and 5 years
age during the peaks of 2002 Gujarat communal riots, I requested STC to transfer to
some other place preferably to my home-town Guntur.
28. But I was forcefully mercilessly relieved from the branch in 2002 by the then acting
branch manager Shri Amit Raha when the branch manager Shri B.R.Meena was on
tour to New Delhi and when I was waiting reply from NCSC.
29. I was asked to vacate my family accommodation by giving one day advance notice by
the trio of Messrs Amit Raha, S.K.Sarangi and R.M.Parate. They made me and my
family sleepless by sending courier and registered post letters with the captions of
‘Top Most Urgent’ on the envelops.
30. The cruelty is that this trio was staying in the same building where I am staying, but
even by slip of tongue also they have not divulged about these impending courier
and registered letters to me.
[40]
31. Even municipal authorities give one month notice before demolishing the
unauthorized structures. STC does not have even curtsy towards its own colleague.
How the public servants of STCs stature can nurture cruelty of this sort towards a
scheduled caste colleague.
Positive Observations Made by the Grievance Redressal Committee
Another distressing point is the STC did not consider the FOUR positive observations made
by the grievance redressal committee at Page -16 in its report. Here also the STC could have
given me benefit of doubt based on these positive observations made by the committee
1. “It is felt that having given the Departmental Examination clearance as one of the
options for confirmation on appointment, the management could have conducted
departmental examinations in the year 1991, 1992 and 1993 as well, which they did
not do”. Is it not a slap on the face of STC?
2. “The committee also observed that as per Shri Rao’s appointment, orders of his
annual increments were linked to acquiring the required qualifications but probation
clearance was given as a separate point. Shri Rao’s probation was extended for six
months by STC vide its letter dated 22.02.1991. Subsequently, Shri Rao was also
advised in writing clearly linking the probation clearance with acquiring the required
qualification”.
3. (1) the committee highlighting the point of, Subsequently, means, it gives the
meaning that earlier it is not linked.(2) the committee highlighting the point of, but
probation clearance was given as a separate point also gives meaning that
probation clearance was not linked with acquiring the required qualification.
4. “It is also observed that as Shri Rao was appointed against SC category under SRD,
STC should have arranged for some special training for him to equip himself to meet
the required standards, to acquire the qualifications, which STC Management did
not do”. Is it not a SLAP on the face of STC?
Some Other Observations of the Grievance Redressal Committee Which Needs Serious
Attention by Authorities
1. What action the STC has taken against the grievance redressal committee report at
Page -13 mentioning “Shri Rao further stated that when he had pointed out the
wrong bills submitted by some persons in the branch while holding the charge of
Cash and Banking, his work was restricted to one working day in a week and the
[41]
same work was allotted to four other persons for the other four days in a week. He
was not able to contribute because he was not allowed to contribute”.
The irony is for highlighting these fraudulent activities I was punished by restricting
my work to one day from five day week and the person who has committed and
facilitated these frauds was unmoved from work. What is then vigilance week for?
2. The grievance redressal committee in its report at Page -8 says “Pay against a post
cannot be paid to an officer for the period he did not hold such post”. It also means
pay should be paid when he holds such post. Pay includes increments. I hold the post
of Office Manager (Accounts) for 11 years but I was not paid annual increments.
Hence as per grievance redressal committee observations I am entitled to draw
annual increments arrears.
3. As per the list of candidates empanelled for the post of Office Manager (Accounts)
under STCs SRD at page no- 3 of the grievance redressal committee report my name
is appearing first, see Attachment-12. Then why those candidates who possessed
the prescribed qualifications of ICWA (Inter) not topped the merit list of candidates
empanelled.
4. At the page no- 3 of the grievance redressal committee report at point no-7 it is
stated “It may be seen that four of the above candidates did not possess the
qualification of CA (Inter) or ICWA (Inter). They were, therefore, offered conditional
offer of appointment”.
5. As per the list of candidates empanelled for the post of Office Manager (Accounts)
under STCs SRD at page no- 3 there are FOUR candidates possessing the prescribed
qualification of ICWA (Inter). The backlogs under this SRD are FIVE.
6. My point is: Why STC preferred/ empanelled FOUR candidates who did not possess
the prescribed qualification of ICWA (Inter) and put them under conditional
appointment. Why STC did not preferred/ empanelled those FOUR candidates who
possessed the prescribed qualification of ICWA (Inter).
7. Another travesty of justice system in STC is do the qualifications of B.Com, M.Com,
M.B.A possessed by only one Scheduled Tribe candidate Shri Ramavathula Cheena
at serial number 8 also need conditional appointment under the Rajiv Gandhi
Government Launched Special Recruitment Drive in 1989.
8. M.B.A is also a professional qualification. Do the STC mean to think that M.B.A is less
than CA (Inter) and ICWA (Inter)?
[42]
9. Further my qualifications of B.Com, M.Com, and M.Phil also need conditional
appointment under the Rajiv Gandhi Government Launched Special Recruitment
Drive in 1989.
10. My humble prayer is compare these candidates’ qualifications with those employees
appearing in STCs seniority list of Managers to know many more Wonders of the
World in STC.
11. The Grievance Redressal Committee Report at page no-17 says “The committee
does not find any justification for clearing his probation period with retrospective
effect. The retrospective promotions are also linked to retrospective probation
clearance. Promotion could not be considered without probation clearance”. In
accordance with this report the STC has to clarify the following:
a) While giving retrospective promotions of three to four years to union people
who opted Assistant Managers (Local) in 2006 and 2007 the STC said it is a
onetime exercise and this cannot be taken as a precedent. People who
missed this opportunity since then demanding another opportunity as they
feel humiliated to work under their juniors.
b) Hence the new promotion policy for staff signed in December 2014 has
opened one-time exercise of offering direct Deputy Manager Posts who are
willing to opt after meeting eligibility criteria.
c) Now my point is: when STC agreed to the Grievance Redressal Committee
Report in my case, which says that “The retrospective promotions are also
linked to retrospective probation clearance. Promotion could not be
considered without probation clearance”, how STC can offer direct Deputy
Manager Posts to its staff cadre employees is a moot point.
Before the Deputy Manager Post there is Assistant Manager Post. When STC
accepted my grievance committee report says “The retrospective
promotions are also linked to retrospective probation clearance. Promotion
could not be considered without probation clearance”, how STC can offer
Deputy Manager Posts to the staff cadre unionised employees without
probation clearance of Assistant Manager Posts.
d) It seems that’s why to overcome this hurdles the STC is conducted interviews
in the month of March 2015 to those who have submitted their option for
direct promotion to deputy manager post before announcing the promotions
[43]
list. It will say the excuse of selection and it is not promotion. But the process
of selecting everyone whoever applied will expose the STC.
e) The STC denied me all my annual increment arrears after clearing my
probation almost after 11 years of my service saying “no arrears on this
account should be allowed to him for the period prior to the date of
confirmation,” by quoting FR 26 (6); now it is giving two additional increment
arrears to SOM II retrospectively from 01.01.2015 under their new promotion
policy for staff 2014. My point is which FRSR rule says to give this.
12. Since it wanted to promote some Powerful People in the Union with Retrospective
Effective of Four to Five years it promoted all the people who happen to be with
them in the queue. Kindly refer attached Assistant Managers (Local) Retrospective
promotions order dated 27.10.2006 and Assistant Managers (Local) Retrospective
promotions order dated 01-11-2007.
13. But when asked similar treatment of retrospective effect promotions to me when
cleared my probation after eleven years of service it turned down my request saying
that those promotions were given as per the agreement between federation of
employees union and management and I cannot be given similar treatment.
The STC actions are against the fundamental rights. Then what is the need of judicial
system. The very existence of judicial system is meant to check the wrongs or misuse
of power by the executive and legislative. None have absolute powers in a
Democracy. Everything is subject to public scrutiny in a Democracy. People have
right to know. In a Democracy the ultimate power lies with the people.
But the STC needs to clarify the following:
a) Can laws or rules be framed/made for exclusive interests of certain powerful
people?
b) Can illegal contracts between two vested interest groups with ulterior
motives when public money is involved is valid? It is illegal because it is
framed to benefit the interests of certain employees. Further how the STC
can say that this cannot be taken as a precedent? Law is precedent. The law
is based on precedent. The agreement is neither in the interest of Nation nor
in the interest of all employees in general. The agreement is intended to
benefit certain union leaders and others who happened to be with them in
queue.
[44]
c) When my probation was cleared after eleven (11) years I was in the union
cadre only. Then why it cannot be extended to me? Mine is more fit case
than theirs.
14. Since it wanted to please another Union Leader Shri RAVINDER GOYAL with
unconventional methods of promotion it called applications internally and appointed
him as Deputy Manager (Legal) on 15.02.07. To avoid attracting the peoples glare it
announced two vacancies and also selected another person Shri V RAJENDIRAN
(Scheduled Caste) to the same position.
15. My point is when it is the case of Shri RAVINDER GOYAL OR when it is the case of
retrospective promotions to Assistant Managers (Local) in 2006 and 2007 OR when it
is the case of NOW directly promoting staff cadre unionised employees to deputy
managers OR when it is the case of Shri Prakash joban putra OR when it is the case
of Shri S.A.Pawar, the STC is having ways and means to do so. But when it is the case
of mine STC have another set of ways and means to deny anything and everything.
STC tried to mislead the Hon’ble Member Smt. P.M.Kamalamma
The STC tried to mislead the Hon’ble Member Smt. P.M.Kamalamma through the General
Manager Shri R.L.Kaushal who is also a scheduled caste. The STC is represented by Shri
S.K.Sharma Director (Personnel), Shri R.L.Kaushal (General Manager) and Shri Shri
Mohapatra Samit (General Manager).
1. Shri R.L.Kaushal tried to mislead by saying that I appeared twice in the departmental
exams conducted by the STC, though I appeared only once and failed in all the four
papers.
2. But he did not mention about my requesting STC to allow me appear for both Part-I
& Part-II exams simultaneously. Departmental exams consist of two parts. As there is
inordinate delay in conducting exams I requested STC to allow me clear both parts in
one sitting but it bluntly refused by quoting agreement with union. Copies attached.
3. Shri R.L.Kaushal tried to mislead by saying that I am M.Com whereas my
qualifications are in fact M.Com and M.Phil.
4. Shri R.L.Kaushal tried to mislead by saying that the minimum marks required in the
interview for being eligible for promotion for open candidates is 60% whereas it is
50% for to all.
[45]
In the month of June 2015 the STC amended the promotion policy 2010 by relaxing
minimum marks to SC/STs by 5%.
5. Shri R.L.Kaushal earlier misleads the commission by saying “It is submitted that the
Government Directives on Reservation Policy are implemented in the Corporation in
Letter and in Spirit. Thus the Averments made by the Petitioner are Denied” in a
letter Dated 21.05.2012 Addressed To Shri Y.K.Bansal, Research Officer, NCSC.
I am the victim of denial of promotions. Let him explain wherein he implemented
reservations. Who got selected under normal channel to the posts of Manager
(Finance) during the interviews held on 30.08.2010, 31.01.2011, 17.12.2012 and
24.06.2013?
Shri S.K.Sharma Director (Personnel) Doublespeak:
“Since the present CMD took over the charge, he and me are sincerely trying maximum to
help him out resolve all his grievances” says Shri S.K.Sharma Director.
1. Our Director (Personnel) Shri S.K.Sharma is submitting before the Honourable
Member Smt. P. M. Kamalamma on 25.06.2015 that the Rajiv Gandhi Government
Launched Special Recruitment Drive in 1989 is not something special; there are many
such Special Recruitment Drives. He is trying to downplay its importance. But I know
how it is different and important to the lives of SC/STs.
2. On the one hand the Shri S.K.Sharma Director (Personnel) is submitting before the
Hon’ble Member Smt. P.M.Kamalamma saying “Since the present CMD took over
the charge, he and me are sincerely trying maximum to help him out resolve all his
grievances”. Is this the way of helping me by presenting wrong information before
the Hon’ble Member Smt. P.M.Kamalamma.
3. On the other hand Shri S.K.Sharma Director (Personnel) is arguing before the Hon’ble
Member Smt. P.M.Kamalamma saying that relaxing the educational qualifications
to the post of Office Manager (for which I was recruited on 19.02.1990 under the
Rajiv Gandhi government launched Special Recruitment Drive) at this juncture is
unconstitutional under Art.14. He says that it tantamount to discrimination and
favouring me and denial of opportunities to others who have not applied for it.
4. His arguments are ill-founded and unsustainable. If relaxing the educational
qualifications to my post of Office Manager after 25 years is unconstitutional from
his point of view, how relaxing the minimum marks to SC/STs in the interview for
[46]
being eligible for promotion by 5% after 5 years of adopting the promotion is
justified. Here also same logic and explanation applies.
5. Recently the STC amended the New Promotion Policy 2010 by relaxing the minimum
marks to SC/STs in the interview for being eligible for promotion by 5%. According to
Shri S.K.Sharma Director (Personnel) this relaxing 5% marks should also be illegal and
unconstitutional as this act deprived the earlier employees like me who have
appeared for interviews since the adoption of new promotion policy in 2010 as this is
beneficial to the newcomers.
6. His argument is unconstitutional. Before the introduction of the Constitution of
India, Untouchability is widely practiced in our country. But with the adoption of the
Constitution of India the Practice of Untouchability is prohibited in India under
Art.17 of the Constitution. Will he then say it is against the Art.14 of the Constitution
as this is discriminatory as the benefit has not gone to earlier generations and it is
favouring the existing ones only?
7. For time being assume the situation of STC giving employment notification under
special recruitment drive for SC/STs with illegal bonded labour terms and conditions
of employment. For time being also assume some people like me took these
employments under these bonded labour terms and conditions.
8. When on exposing these constitutional frauds will STC still maintain that it will not
repeal these bonded labour terms and conditions and perpetuate the same saying it
tantamount to discrimination and favouring those who took employment and denial
of opportunities to others who have not applied/joined STC? Secondly will it not pay
compensation for exploiting the weaker sections after repealing the bonded labour
terms and conditions.
9. The Condition of my appointment should be scrapped with Retrospective Effect as it
is Unethical, Illegal and Unconstitutional. My Submissions are based on the
following:
My humble submission is “Wrongs are Wrongs, and Wrongs are to be corrected at
any point of time”. Acceptance of Wrongs cannot become Rights. Wrongs cannot
become Rights over a period of times. We have corrected many historical blunders
of Barbarian age. We have abolished the Untouchability. We have abolished the Sati
system. We have abolished the Child marriages. We have amended the constitution
of India for around hundred times.
[47]
a) Bonded Labour is illegal and punishable act even when agreement is entered
with the mutual consent.
b) Child Labour is illegal and punishable act even when agreement is entered
with the mutual consent.
c) Sexual intercourse with minors is illegal and punishable act even when
agreement is entered with the mutual consent.
d) An illegal contract cannot be enforced. With their Might the British ruled
India for about 200 years. But that didn’t prevent our freedom fighters to
fight for freedom.
e) Did the Father of the Nation not broke the law of British, disobeyed the
British Rule and questioned the British Suzerainty for the cause of Indian
Independence?
f) Sir how it looks if British hypothetically asking our freedom fighters in this
way: After having accepted British suzerainty for about 200 years, how you
are now asking purna swaraj / independence?
10. When confidential reports of upper caste manager Shri Prakash Jobanputra were
spoiled by the scheduled caste Gandhidham branch manager Shri Rati Ram, they
were re-written and promoted with retrospective effect after holding special
meetings in New Delhi at the instance of officers association. There was thriving
cronyism between the then Director (Personnel) Shri M.M.Sharma & officers
association. It is not me but records speak on its own.
Afterwards disciplinary proceedings were instituted against Shri Rati Ram in other
issues and severely punished. This is the power of cronyism in STC. The moral of this
issue is that SC/ST officials cannot have right to spoil the reports of upper and higher
castes. If so they will have to face music and punishments.
11. My contention is that when it is possible to reopen Shri Prakash Jobanputra’s case,
why it is impossible in my case. I was told during personal hearing meeting in New
Delhi by the then CGM (Personnel) (SKS) who is the present Director (Personnel) that
my past cannot be reopened.
12. Shri Rajesh Kumar Prasad, chief manager (F) was inducted on 23.12.96 into STC as
AM (F) (Assistant Manager Finance) with M.Com and ICWA (Inter). But for OM (A/Cs)
post also the STC insisted ICWA (Inter) or CA (Inter) that too under the Rajiv Gandhi
[48]
government launched Special Recruitment Drive. My point is how can there be same
qualifications for AM (F) and OM (A/Cs) post.
13. With B.Com Shri Dipankar Chakravarthy was inducted as Marketing Manager. But for
denying me promoting to the post of Manager (Finance) the Director (Personnel)
Shri S.K.Sharma justifying saying I am not professional. From his point of B.Com is
professional and more qualified than M.Com and M.Phil.
14. With B.Com Shri Subroto Mukherjee was inducted as OM under compassionate
grounds. The designation and pay scales of OM and OM (A/Cs) are one and same.
But STC imposed condition upon my appointment treating my qualifications of
M.Com and M.Phil as less than B.Com.
15. Facilitators of loots are being glorified as workaholics and bread-earners and I am
being witch-hunted as if I am a criminal for:
a) filing 635 RTIs so far
b) exposing the frauds of Director (MMS)
c) implementing cafeteria based perks
d) exposing the bogus/inflated hotel bills in TA/DA claims
e) mentioning Rs.3000 crores loot of STC written and displayed on the notice
boards by Shri Raman Thapliyal Officers Association Secretary-General New
Delhi
f) Mentioning more than Rs. 1014 crores demand on STC from Maharashtra
sales tax authorities.
16. There is Sub-Nationalism tendencies are growing strongly in STC which is dangerous
to the Nation. From Director (Personnel) Shri S.K.Sharma points of view exposing the
wrongs and bringing to the notice of constitutional authorities regarding STC affairs
is WRONG. He says this before the Hon’ble Member Smt. P.M.Kamalamma on
25.06.2015. He thinks STC is separate entity from Government of India.
17. I am tortured mentally by STC in the name of investigation leading to spoiling of my
health. I pray for the application of SC/ST atrocities act in this regard to deal with this
matter.
There are NO takers to my complaint against my superiors’ harassment BUT the
same STC instituted investigation against me based on the same of my superiors’
complaint who were charge-sheeted for facilitating several hundred crores public
money loot.
[49]
The STC Is Glorifying Its Acts of Disobeying the Rajiv Gandhi Governments Specific
Directives
1. The STC not only Blatantly Disobeyed Rajiv Gandhi Governments Specific Directives
but also Shockingly still Glorifying its acts of Disobedience saying “Every organization
has its own Policy for Recruitment keeping in view the organizational requirements
etc. Thus, it cannot be compared with other PSEs”. Kindly refer attached then CPIO
Shri S.K.Sharma reply dated 17.02.2014.
2. If the PSEs disobey government directives saying they have their own policy for
recruitment then what for elected governments exist?
3. The CPIO is forgetting the fundamentals: PSEs are neither sovereign bodies nor
autonomous institutions nor separate entities nor extra-constitutional bodies. PSEs
are units of the government and they are parts and parcel of the government. They
are LIMBS OF THE GOVERNMENTS. They cannot hold opposite view of the
government. Otherwise it amounts to sedition, treason, subversion and incitement
to rebellion. How can PSEs DISOBEY government’s specific directives and Restrict
the entry of SC/STs by imposing conditions upon their employments?
4. Did the STC receive altogether DIFFERENT DIRECTIVES from the then government of
India to give conditional appointments to SC/STs? Who the authority in the then
government of India asked STC to impose conditionalities upon the employment
while clearing back-logs? Who the authority in STC approved imposing
conditionalities on SC/STs? In what capacity the STC imposed conditionalities upon
my employment. This needs to be answered by STC.
5. Even popularly elected state governments can be dissolved by the central
government under Art. 356 when they act against the constitution of India. Likewise
there should be stringent mechanism to hold the errant PSEs answerable when
failed to implement government directives pertaining SC/ST people. No law, no act,
no ordinance works automatically on its own without teeth and fear of punishment.
The real Intensions of STC are Exposed Now
1. From above misleading of STC before the Hon’ble Member Smt. P.M.Kamalamma
against me it is crystal clear that its real intentions behind inviting me to New Delhi
twice (09.01.2012 & 09.05.2014) in the name of grievance redressal are doubtful.
2. What is more disgusting is that I was called to New Delhi on 09.05.2014 to present
before grievance redressal committee but even by slip of tongue also I was not told
[50]
that there was an investigation waiting against me on 19.05.2014 and 20.05.2014 in
Mumbai against complaint lodged by multi-crore charge-sheeted Messrs D.Jayant
and V.P.Bendre. The officer shared me many things but not shared this.
3. The heart-killing joke is that I was told by Shri S.K.Sharma on 09.05.2014 (that is
minutes before the starting of grievance redressal committee meeting) “had I been
stayed back one more day (on 10.01.2012 during the second day of first grievance
meeting) something would have definitely happened”.
4. My point is the same thing could have been done then also (10.01.2012 and
09.05.2014) and now also. What is stopping them now to do the same something?
5. Further for the last one year I am saying that I am not comfortable with sales tax
work and for the last one year I am submitting with documentary evidences saying
that Shri V.P.Bendre is harassing me and persecuting me. After mutely watching
keeping their stoic silence for one year they moved me from him on 06.07.2015.
My point is: Is this the way of helping me out from my problems as was assured by
Shri S.K.Sharma Director (Personnel) before the Hon’ble Member Smt.
P.M.Kamalamma saying that “Since the present CMD took over the charge, he and
me are sincerely trying maximum to help him out resolve all his grievances”?
6. I requested change based on the hardships/difficulties of (1) local language in sales
tax office/consultants (2) never worked in sales tax division (3) never worked in trade
divisions to know the intricacies involved in trade and sales tax matters. But it has
turned out to be an unkept promise for one year.
The STC has No Respect either to the Government of India or the Constitution of India is
clearly reflected in the following.
1. STC says “Every organization has its own Policy for Recruitment keeping in view the
organizational requirements etc. Thus, it cannot be compared with other PSEs”.
a) If STC has its own policies wherein then the Government of India implement
its policies and promises given to the citizens.
b) By implementing its own policies where STC is standing on the parameters of
profit and wealth maximisation.
2. Minimum marks required in the interview for being eligible for promotion for open
and SC/ST candidates are fixed one and same under the new promotion policy 2010.
[51]
a) But on the intervention of Hon’ble Chairman NCSC that the minimum marks
for SC/STs was reduced by 5% by amending the new promotion policy 2010 -
Says Shri S.K.Sharma Director (Personnel) before the Hon’ble Member Smt.
P.M.Kamalamma on 25.06.2015.
3. Clause 2 of my appointment letter says: the qualifications prescribed under the rules
of the corporation for the post of Office Manager (A/Cs) are CA (Inter)/ICWA (Inter).
But instead of filling the posts with FOUR available ICWA (Inter) candidates, the STC
offered conditional appointments to M.B.A candidate and to me with M.Com and
M.Phil qualifications and to other M.Com candidates.
The New Promotion Policy Is Totally Against the Interests of SC/STs
1. The latest Amendment in June 2015 to the New Promotion Policy 2010 relaxing the
minimum marks to SC/STs in the interview for being eligible for promotion by 5%
amply proves that there is something seriously wrong.
2. When the nature of work and the nature of duties and the nature of responsibilities
and pay-scales are same/similar and nowhere different from each other how the STC
can divide its managerial force into three and categorise them as professional
cadres, normal cadres and local cadres and discriminate them one against the other
in their promotions and transfers.
3. Among many, one of the clauses says “the candidates will have to secure minimum
marks in the interview for being eligible for promotion”. The minimum marks fixed
ranged from 50% - 70% depending on cadres.
4. Another deadly clause says “mere fulfilment of eligibility criteria will not confer any
right for consideration for promotion”.
5. By promoting all my three juniors I am being denied promotions continuously for
the last five years starting from 2010. While all my juniors got promoted as
Managers (Finance) within four years of their service as Deputy Manager (Finance),
I couldn’t get promoted even after completing more than nine years of service as
Deputy Manager (Finance). Since 16.06.2006 I am working as Deputy Manager
(Finance). Even though I am the only candidate in the interviews held in 2012 and
2013, it denied me promotion.
[52]
6. Among the FOUR Deputy Managers (Finance) I am not only the senior most but also
the only one scheduled caste. In the interviews held on 30.08.2010 for promotion to
the post of Manager (Finance) the undersigned, Smt. B.K. Meera and Shri Srinivas
attended. As the fourth one Shri Rajiv Mathur was short of six months to the
qualifying period of 4 years service he was not called. In this both my juniors were
promoted and I am not.
7. When fourth one Shri Rajeev Mathur acquired the qualifying period of four years,
we two were called for interview held on 31.01.2011. And he got promoted and I
was denied promotion for second time.
8. Earlier promotions were effected based on the seniority. They are now replaced
with “promotions through the selections” and decided by the following four traits:
9. Interviews (45 marks), (the candidates will have to secure minimum marks in the
interview for being eligible for promotion. From the post of Assistant Manager up to
the position of chief manager it is fixed at 50%, from chief manager to chief general
manager it is fixed at 60% and chief general manager to Executive Director it is fixed
at 70%).
10. The Problem is: the candidates will have to secure minimum marks in the interview
for being eligible for promotion. How can SC/STs get minimum marks?
11. Ratings/CRs/APARs (30 marks), (Marks are awarded in the following manner. For
outstanding-10 marks, for very good-8 marks, for good-6 marks, for fair-4 marks and
for poor-0 (zero) marks. Total marks obtained shall be reduced / increased on pro-
rata basis so as to work-out marks from the prescribed maximum marks of 30
whenever required.
12. Qualifications (15 marks) (marks given for graduation is-6-marks; for post-
graduate/relevant professional qualification-10 marks and; for post-graduate (+)
professional qualification-15 marks).
13. Seniority (10 marks) (2 marks shall be awarded for every completed year of service
beyond the eligibility period of service subject to a maximum of 10 marks)
14. Merit list will be prepared on the basis of aggregate marks secured in the above four
traits of seniority, qualifications, APARs and interview. And promotions will be
effected on the basis of merit list and number of vacancies.
[53]
15. With 75 (30+45) marks in the STCs hand one doesn’t require any crash courses to
know what will happen to the fate of sincere, honest and SC/STs? This means a
highly qualified and more senior person can be set aside by the STC in favour of
sycophants and nepotism. This is what is happening now in STC.
16. Under the new promotion policy the SC/STs are finding it increasingly difficult to get
promotions. The STC evolved this new promotion policy with a clear criminal intent
to curtail the growth of SC/STs as well to eliminate totally from the promotions. The
SC/STs are LOSERS in all the ways.
17. The SC/STs who have opted All-India cadre promotions in expectations of bright
future before the introduction of new promotion policy have already underwent
compulsory transfer in their first promotion.
18. Now by replacing the earlier time-scale promotions with “promotions through
selections” the new promotion policy introduced “interview system” and “rating
system”. This resulted in a death-blow to SC/STs.
19. Now the SC/STs are stagnated in their present posts due to the suppressive
techniques of interviews and APAR ratings adopted under the new promotion policy.
The condition upon My Appointment Is Totally against the Constitution of India
Art.15 of the constitution prohibits any sort of discrimination by the STATE. While some
units of the STATE like MMTC and RITES offering PUBLIC EMPLOYMENT with relaxed
educational qualifications under the government launched special recruitment drive, the
other unit of the STATE namely STC is enforcing restrictions upon the SC/STs by imposing
conditions upon PUBLIC EMPLOYMENT without relaxing the educational qualifications.
1. Art.14 of the Constitution provides “The State shall not deny to any person equality
before the law or equal protection of laws within the territory of India”.
While other units of government MMTC/RITES relaxed educational qualifications
STC enforced restrictions by imposing conditions upon the employment.
2. ‘Equal Protection’ is a guarantee of equal treatment in equal circumstances. It is the
right to equal treatment in similar circumstances. The guarantee of equal protection
includes absence of any arbitrary discrimination by the laws themselves or in the
matter of their administration.
[54]
While other units of government MMTC/RITES relaxed educational qualifications
STC enforced restrictions by imposing conditions upon the employment.
3. Our Constitution guarantees equality and prohibits any sort of discrimination by the
State (Art.15). It says that no citizen shall be subject to any disability, liability,
restriction or condition with regard to access to (employment).
While other units of government MMTC/RITES relaxed educational qualifications
under SRD, STC enforced restrictions by imposing conditions upon employment.
4. Our Constitution guarantees Equality of Opportunity in matters of Public
Employment (Art.16). It says that no citizen shall be made ineligible for any office
under the State. It bars discrimination not only in the matters of initial appointment
but also of promotion and termination of the service itself.
While other units of government MMTC/RITES relaxed educational qualifications
under SRD, STC enforced restrictions by imposing conditions upon employment.
5. The Constitution of our India also says “Enforcement of any disability arising out of
Untouchability shall be an offence punishable in accordance with law.’’ Subjecting
any person to any disability with regard to access to (employment) is an offence
when done on the grounds of untouchability (Art.17).
While other units of government MMTC/RITES relaxed educational qualifications
under SRD, STC enforced restrictions by imposing conditions upon employment.
6. Our Constitution safeguards the individual against arbitrary or illegal action on the
part of the Executive (Art.21). No person can be deprived of his liberty except
according to law. No man can be subjected to any physical coercion that does not
admit of legal justification. The Supreme Court has observed that “those who feel
called upon to deprive other persons of their personal liberty in the discharge of
what they conceive to be their duty, must strictly and scrupulously observe the
forms and rules of the law.” It further says that a law made by the state must not be
arbitrary, unfair or unreasonable.
While other units of government MMTC/RITES relaxed educational qualifications
under SRD, STC enforced restrictions by imposing conditions upon employment.
Finally from the above the way the STC is presenting and trying misleading before the
Hon’ble Member Smt. P.M.Kamalamma against me shows that the management is really
not interested in helping me out to resolve my issues as was assured by Shri S.K.Sharma
[55]
Director (Personnel) before the Hon’ble Member Smt. P.M.Kamalamma saying “Since the
present CMD took over the charge, he and me are sincerely trying maximum to help him
out resolve all his grievances”? But I trusted and developed hopes and aspirations with the
enclosed CMD circular dated 02.09.2013.
Thanking you
Yours faithfully
Y.S.V.Prasada Rao
Address
Flat no – 14, Ratnadeep Apartment,
Juhu Tara Road, Juhu,
Mumbai – 400049
Continued in page no - 56
[56]
Constitutional Frauds In STC -----
To 02.08.2015
Dr. P.L.Punia
Honourable Chairman, National Commission for SCs,
5th floor, Loknayak Bhawan, Khan Market
New Delhi – 110 003
Hon’ble Chairman,
I submit following incidences of Subverting the Constitution without changing its form by
STC for your kind and immediate intervention:
Dr B.R. Ambedkar warned the people of India about the possibility of subverting the
Constitution without changing its form. Roman legalist Julius Paulus (B.C. 204) said that a
fraud on a statute could be committed without disobeying its actual words.
Shri S.K.Sharma Director (Personnel) Double Standards
Why Grievance Redressal Committees Are Required Only In My Issues But Not In Others?
1. When Shri P.N. JOBANPUTRA, chief manager (marketing) with B.C.om qualifications
case can be resolved without constituting any committees, why such committees are
required in resolving my issues.
The only difference is he was having blessings of Officers Association and the then
Director (Personnel) Shri M.M.Sharma.
When confidential reports of upper caste manager Shri Prakash Jobanputra were
spoiled by the scheduled caste Gandhidham branch manager Shri Rati Ram, they
were re-written and promoted with retrospective effect after holding special
meetings in New Delhi at the instance of officers association. There was thriving
cronyism between the then Director (Personnel) Shri M.M.Sharma & officers
association. It is not me but records speak on its own.
Afterwards disciplinary proceedings were instituted against Shri Rati Ram in other
issues and severely punished. This is the power of cronyism in STC.
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2. When wanted the STC promoted Shri S.A.Pawar with B.A qualifications to Manager
(Marketing) without any interview after vacancy arises caused by superannuation of
manager who was promoted as Manager (Marketing) after converting to all-India
cadre from local cadre when left with one month service.
On 24.06.2013 interviews were conducted for promotions to the post of Manager
(General/Finance) at corporate office, New Delhi. From Mumbai undersigned, Mr
S.A.Pawar and Mrs Suman Sathe attended the interviews. The results were declared
on 02.07.2013. None of our three names were there in the list. To be specific that
time Shri S.A.Pawar’s name was not there in the list. The promotion orders Shri
S.A.Pawar to Manager (Marketing) were issued on 02.08.2013.
Why Investigations Are Instituted Only Against Me But Not In Others?
1. In the name of using unparliamentarily language against my superior Shri D.Jayant,
the STC instituted an investigation against me by air-dashing Shri Datta ex-GM of
BHEL from New Delhi to Mumbai for three days at the cost of public money.
Hon’ble Chairman humble my point is: why no such investigations were initiated
when there was a literal fight on 04.04.2014 just two days before my incident
between Messrs R.Madhusudhan (DGM) and Raghvir Rudakia (DM) catch-holding
each other’s neck pushing each other’s which was witnessed by entire branch
employees.
2. In Another incident a group of managers led by then officers’ association general
secretary Shri J.J.Surve attacked the then Scheduled Caste Hyderabad Branch
Manager Shri A.S.Diwakar Rao when he came on official tour to Mumbai office in the
presence of Shri A.K.Mahajan, then BM of Mumbai, but why no investigation was
initiated.
3. In the name of abusing my superior Shri D.Jayant, the STC instituted an investigation
against me by air-dashing Shri Datta ex-GM of BHEL from New Delhi to Mumbai for
three days at the cost of public money.
Hon’ble Chairman humble my point is: why no such investigations were initiated
against Shri V.P.Bendre when not attended 2004-05, 2005-06 and other sales tax
assessment meetings which lead to Ex-Parte Orders amounting to more than Rs.
1000 crores demand from Maharashtra government sales tax authorities. See the
assessment orders to know the shocking revelations. Facilitators of public money
LOOT are being glorified as workaholics and bread-earners in STC. How workaholics
[58]
and bread-earners can consciously work against STC interest resulting in Ex-Parte
Orders.
4. Recently Employees were awarded “compulsory retirement” punishment for
unauthorised absence. Then what action the STC has initiated against Shri
V.P.Bendre for his unauthorised absence since 06.07.2015.
Without Any Prejudice I Swear And Submit The Following THREE Incidents.
A. “Since the present CMD took over the charge, he and me are sincerely trying
maximum to help him out resolve all his grievances” says about me the Director
(Personnel) Shri S.K.Sharma before the Hon’ble Member Smt. P.M.Kamalamma.
During the meeting on 25.06.2015 the Director (Personnel) Shri S.K.Sharma
submitted before the Hon’ble Member Smt. P.M.Kamalamma to quote “Since the
present CMD took over the charge, he and me are sincerely trying maximum to
help him out resolve all his grievances” unquote.
But the way the Director (Personnel) Shri S.K.Sharma and other STC officials
submitted before the Hon’ble Member Smt. P.M.Kamalamma contradicts his
submission of “Since the present CMD took over the charge, he and me are
sincerely trying maximum to help him out resolve all his grievances”
1) To support his argument and to convince the Hon’ble Member Smt.
P.M.Kamalamma that there were no injustices were done to me, the Director
(Personnel) Shri S.K.Sharma referring to the constituting of Grievance
Redressal Committee and their report of my issues devoid of any merit.
2) To defeat the purpose and to weaken my issues Shri S.K.Sharma is glorifying
the STC constituted Grievance Redressal Committee member Shri K.G.Verma,
Ex-Joint Secretary, DOPT, Govt. of India saying he is leading authority in India
in the service matters indirectly saying that my issues are devoid of any merit.
3) To further support his argument and to further convince the Hon’ble
Member Smt. P.M.Kamalamma that there were no injustices were done to
me, the Director (Personnel) Shri S.K.Sharma saying, to quote “our accounts
are audited by the CAG and if any wrongs were done by STC they would have
immediately highlighted in their reports” unquote.
4) The very attendance of three STC officials headed by the Director (Personnel)
Shri S.K.Sharma before the Hon’ble Member Smt. P.M.Kamalamma against
[59]
me proves beyond any doubt that they have come with clear conviction of
defeating my case.
5) Among the FOUR Deputy Managers (Finance) I am not only the senior most
but also the only one scheduled caste. In the interviews held on 30.08.2010
for promotion to the post of Manager (Finance) the undersigned, Smt. B.K.
Meera and Shri Srinivas attended. As the fourth one Shri Rajiv Mathur was
short of six months to the qualifying period of 4 years service he was not
called. In this both my juniors were promoted and I am not.
When fourth one Shri Rajeev Mathur acquired the qualifying period of four
years, we two were called for interview held on 31.01.2011. And he got
promoted and I was denied promotion for second time.
a) But the Director (Personnel) Shri S.K.Sharma is justifying Shri Rajeev
Mathur promotion before the Hon’ble Member Smt.
P.M.Kamalamma saying the post of Manager (Finance) is professional.
He is indirectly saying Shri Rajeev Mathur is professional with ICWA
(Inter) and I am not with M.Com and M.Phil.
b) Smt. B.K. Meera joined STC as JR. ASSISTANT on 06.06.88. She got five
promotions so far. Shri Rajeev Mathur joined STC on compassionate
grounds as OM (A/Cs.) on 20.03.95. He got three promotions so far. I
joined STC as OM (A/Cs.) under the Rajiv Gandhi government
launched special recruitment drive on 19.02.1990. In more than 25
years service I got just two promotions.
c) My point is whether Smt. B.K. Meera and Shri Rajeev Mathur got
promoted as Manager (Finance) under professional channel OR
normal channel.
d) During the earlier regimes I was eligible to the promotions to the
professional posts of Assistant Manager (Finance), Deputy Manager
(Finance). But during the regimes of Messrs M.M.Sharma Director
(Personnel) and Manoj Mishra CGM (Finance) elevated to Director
(Finance), I become ineligible to the professional post of Manager
(Finance).
e) Do all employees of STC working in Finance, Marketing and Personnel
are professionals except me. Hon’ble Chairman refer the seniority list
of managers where peons reached from where to where. Also refer
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the seniority list of managers to know from where 10th class, 12th class
and clerks, stenos and assistants reached from where to where.
f) It means Shri P.N. JOBANPUTRA, Chief Manager (Marketing)
qualifications of B.C.om are fit for taking marketing professional job of
Chief Manager (Marketing) and my qualifications of M.Com and
M.Phil unfit for taking finance professional job of Manager (Finance).
g) It means Shri S.A.Pawar, Manager (Marketing) qualifications of
B.C.om are fit for taking marketing professional job of Manager
(Marketing) and my qualifications of M.Com and M.Phil unfit for
taking finance professional job of Manager (Finance).
h) With B.Com Shri Dipankar Chakravarthy was inducted as Marketing
Manager. From the Director (Personnel) Shri S.K.Sharma point of view
B.Com is professional and more qualified than my M.Com and M.Phil.
i) With B.Com Shri Subroto Mukherjee was inducted as OM under
compassionate grounds. The designation and pay scales of OM and
OM (A/Cs) are one and same. But STC imposed condition upon my
appointment treating my qualifications of M.Com and M.Phil as less
than B.Com.
j) My point is: Is this the way of helping me out from my problems. Is
it not a blatant lie to say “since the present CMD took over the
charge, he and me are sincerely trying maximum to help him out
resolve all his grievances”.
B. “Had I been stayed back one more day (on 10.01.2012 during the second day of first
grievance meeting/Personal Hearing) something would have definitely happened”
says the Director (Personnel) Shri S.K.Sharma to me when I met him on 08.05.2014.
1) Through fax message dated 03.01.2012 and fax message dated 22.11.2011
the STC invited me to New Delhi for two days in the name of personal
hearing. Accordingly on 09.01.2012 I presented myself before the personal
hearing committee consisting of Messrs B.K.Tuli, S.K.Sharma, R.L.Kaushal and
Hari Singh.
2) Instead of discussing my issues it was discussing irrelevant. In the meantime a
messenger came up there and informed Shri S.K.Sharma that the then
Director (Personnel) Shri M.M.Sharma wanted him immediately. And the
[61]
meeting was abruptly cancelled and I was told by Shri S.K.Sharma to come
tomorrow at the same time of 4.00 P.M to have another cup of tea.
3) And Shri Hari Singh the SC/ST liaison officer in the mean time expressed his
inability to attend next day meeting.
How this could happen unless entire episode is pre-planned and conspired
with a criminal intent to insult, ill-treat, harass, humiliate and intimidate as
an act of a revenge for my filing RTI applications to expose the then Director
(Personnel) Shri M.M.Sharma corruption deeds.
Kindly refer Shri R.L.Kaushal, JGM fax message dated 22.11.2011 inviting me
to New Delhi for personal hearing on the grievances where it is mentioned
“He may, therefore, be advised to visit New Delhi on tour for a day or two
after confirming the date of his visit to the undersigned so that the
concerned officials could be informed accordingly”.
4) Confused by this attitude I asked Shri S.K.Sharma the purpose of my
attending the meeting and to my shock I was told to exchange views. Shri
B.K.Tuli also got confused with his attitude. Then I requested Shri S.K.Sharma
that if purpose of coming next day is meant for having a cup of tea and also
exchanging of views I may please be allowed to leave station as I was not
well. Totally fooled me in a scripted way.
5) On 08.05.2014 I attended the Grievance Redressal Committee meeting at
New Delhi corporate office. To congratulate Shri S.K.Sharma on his selection
as Director (Personnel) I went to his chambers before the Grievance
Redressal Committee meeting started. During that time Shri S.K.Sharma told
me “had I been stayed back one more day (on 10.01.2012 during the second
day of first grievance meeting/Personal Hearing) something would have
definitely happened”.
6) My point is, the same “SOMETING” could have been done then also
(09.01.2012, 10.01.2012 and 09.05.2014) and now also. What is stopping
him now to do the same “something”?
7) CMD Shri Khaleel Rahim took over charge some two years back after working
as Director (Marketing) in STC and Shri S.K.Sharma took over charge as
Director (Personnel) one year back after joining STC on 21.06.2011 as CGM
(Personnel).
[62]
8) Hon’ble Chairman it is said we can fool all the people sometimes, some
people all the times, but not all the people all the times.
9) Hon’ble Chairman carefully analyse the strategy of STC’s cancellation of my
meetings or interviews and the way of intimation. For example see Shri
R.L.Kaushal 13.05.2014 intimation after attending the meeting on
08.05.2014 regarding postponement of Grievance Committee meeting from
30.04.2014 to 08.05.2014. Their intension is to fool me and frustrate me
maximum.
C. Another saddening and discouraging thing was either by mistake or by slip of
tongue also I was not told by Shri S.K.Sharma when I met him on 08.05.2014 about
the impending investigation against me on 19.05.2014 and 20.05.2014 against the
complaint lodged by Messrs D.Jayant and V.P.Bendre. Within a week’s time even the
joy of attending the Grievance Redressal Committee meeting faded away, the STC
appointed investigator landed in Mumbai on 18.05.2014 with all STC Honour.
STC tried to mislead the Hon’ble Member Smt. P.M.Kamalamma
The STC tried to mislead the Hon’ble Member Smt. P.M.Kamalamma through the General
Manager Shri R.L.Kaushal who is also a scheduled caste. The STC is represented by Shri
S.K.Sharma Director (Personnel), Shri R.L.Kaushal (General Manager) and Shri Shri
Mohapatra Samit (General Manager).
1. Shri R.L.Kaushal tried to mislead by saying that I appeared twice in the departmental
exams conducted by the STC, though I appeared only once and failed in all the four
papers.
2. But he did not mention about my requesting STC to allow me appear for both Part-I
& Part-II exams simultaneously. Departmental exams consist of two parts. As there is
inordinate delay in conducting exams I requested STC to allow me clear both parts in
one sitting but it bluntly refused by quoting agreement with union. Copies attached.
3. Shri R.L.Kaushal tried to mislead by saying that I am M.Com whereas my
qualifications are in fact M.Com and M.Phil.
4. Shri R.L.Kaushal tried to mislead by saying that the minimum marks required in the
interview for being eligible for promotion for open candidates is 60% whereas it is
50% for to all.
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In the month of June 2015 the STC amended the promotion policy 2010 by relaxing
minimum marks to SC/STs by 5%.
5. Shri R.L.Kaushal earlier misleads the commission by saying “It is submitted that the
Government Directives on Reservation Policy are implemented in the Corporation in
Letter and in Spirit. Thus the Averments made by the Petitioner are Denied” in a
letter Dated 21.05.2012 Addressed To Shri Y.K.Bansal, Research Officer, NCSC.
I am the victim of denial of promotions. Let him explain wherein he implemented
reservations. Who got selected under normal channel to the posts of Manager
(Finance) during the interviews held on 30.08.2010, 31.01.2011, 17.12.2012 and
24.06.2013?
Thanking you
Yours faithfully
Y.S.V.Prasada Rao
Address
Flat no – 14, Ratnadeep Apartment,
Juhu Tara Road, Juhu,
Mumbai – 400049
MOBILE - 9833509780
Continued in page no - 64
[64]
Subverting The Constitution Of India By STC
To 02.08.2015
Dr.P.L.Punia
Honourable Chairman, National Commission for SCs,
5th floor, Loknayak Bhawan, Khan Market
New Delhi – 110 003
Hon’ble Chairman,
I submit following incidences of Subverting the Constitution without changing its form by
STC for your kind perusal:
1. The STC not only blatantly Disobeyed Rajiv Gandhi Government’s Specific directives
to clear SC/ST backlogs under relaxed standards but also shockingly Glorifying its
acts of Disobedience saying “Every Organization has its own policy for recruitment
keeping in view the Organizational requirements etc. Thus, it cannot be compared
with other PSEs”. Refer attached then CPIO Shri S.K.Sharma reply dated 17.02.2014.
2. Not only had that it also misled National Commission for Scheduled Castes by
submitting utter lies.
Without implementing the reservations (I Am the Victim) the STC submitted total
lies saying “It is submitted that the Government Directives on Reservation Policy are
implemented in the Corporation in Letter and in Spirit. Thus the averments made by
the petitioner are denied”. Kindly refer STC letter from Shri R.L.Kaushal dated
21.05.2012 addressed to Shri Y.K.Bansal, Research Officer, NCSC Point No - 7 Page
No- 4. (Attachment – 9f)
Let The STC Come Out And Explain To The Nation Who Among The Scheduled Castes
Was Selected To The Post Of Manager (Finance) Under The Normal Channel During
The Interviews Held On 30.08.2010, 31.01.2011, 17.12.2012 and 24.06.2013?
3. Other ghastly incidence of Subverting the Constitution without changing its form by
STC is engaging the SC/STs by STC to persecute the SC/STs.
While helping their own caste and community officials the power-wielding higher-
ups in STC using SC/ST people to persecute the SC/STs through inducements and
other pressure tactics.
[65]
So far I filed 635 RTI applications on STC. My 25 years efforts should not go on waste.
I suffered and experienced Mental, Psychological, Emotional and Monetary Harm as a result
of the Commission of Offences by STC. The STC is persecuting me to no end by subjecting
me to Various Mental Traumas for the last 25 Years. For details refer attached letter to
CMD dated 16.5.15 titling ”The STC Belittled The Spirit Of The “Welfare State” And Brought
Shame And Disrespect To The Constitution Of India As Well As To The Fathers Of The
Constitution”.
I firmly believe and sincerely pray the Hon’ble Chairman ‘Now it is the Time to Review the
Constitutional Safeguards to the Scheduled Castes and Scheduled Tribes with Particular
Reference to Their Working in STC’.
In the interest of SC/STs I pray for high-level investigations into the affairs of STC at least
from the tenure and extended tenure of Shri M.M.Sharma the then Director (Personnel). He
subverted the constitution and constitutional guarantees.
1. The STC inducted campus recruits in a major way with NO publicity at all. Secondly
the STC recruited middle, higher and top ranking executives WITHOUT giving
adequate publicity to the appointment advertisement.
2. In the light of below mentioned two scams all sorts of recruitments that were made
in STC during the tenure and the extended tenure of the then Director (Personnel)
Shri M.M.Sharma should be thoroughly investigated by the CBI from criminal
conspiracy angle in the appointment process for not giving publicity to the
appointment advertisement.
a) Vyapam scam: massive admission & recruitment scam involving politicians,
senior officials and businessmen in the state of Madhya Pradesh in India and
b) Bokaro Steel Plant Recruitment Scam. “The CBI on Tuesday busted an
appointments racket in Bokaro steel plant and conducted raids at 36 places in
10 cities for alleged irregularities in appointments in the middle and junior
management level in which a former executive director of the plant and
other former senior officers have also been named as accused. Officials of the
steel plant entered into a criminal conspiracy in the appointment process by
not giving adequate publicity to the appointment advertisement”. The Times
of India Mumbai January 29, 2014 Page: 13
3. Honourable Bombay High Court says campus recruitments are illegal and
unconstitutional. Copy attached.
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a) In the light of the Honourable Bombay High Court judgement a thorough
investigation should be ordered as meritorious SC/STs must have missed the
opportunity of public employment without public advertisements.
4. A scheduled caste manager from Hyderabad branch of STC Shri Venu Babu was
terminated from the services for the bogus medical claim of Rs.10, 000/-. It is said
that the then scheduled caste branch manager fully extended his help in his
termination.
An upper caste union leader Shri P.Manoharan from Mumbai branch of STC was
exonerated for the bogus LTC claim of Rs. 26080/-
See Shri M.M.Sharma’s the then Director (Personnel) amusing judgement on the
union leader Shri P.Manoharan “He returned the LTC amount with penal interest
thereon to the corporation. Further he has unblemished track record of 28 years and
a small incident ought not to be made the basis for imposing harsh penalty.”
The STC should have extended same logic in scheduled caste manager Shri Venu
Babu’s case.
5. The Central Vigilance Commission (CVC) has recommended major penalty against
STC officials involved in Rs 725.09 crores loss besides interest and other charges
without chances of recovery from the associates or insurance companies (TOI
Mumbai dated 17.06.2012 copy enclosed).
a) But it is understood that the STC awarded one increment reduction in its
landmark judgement.
b) But my only plaint is if Rs 725.09 crores loot is equivalent to one increment
reduction, who will be held accountable for the loot of Rs 725.09 crores
public money.
c) Rejecting the bail plea of five policemen, said to be members of a team that
shot dead a businessman in a fake encounter, a Bench of Justices Markandey
Katju and Gyan Sudha Misra said:
Policemen won’t be excused for committing murder in the name of fake
encounter on the pretext that they were carrying out the orders of their
superior officers or politicians. If a policeman is given an illegal order by any
superior to do a fake encounter, it is his duty to refuse to carry out such an
illegal order, otherwise he will be charged for murder.
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6. The STC instituted false, malicious and vexatious investigation against me based on
the complaint lodged by two Scheduled Caste officials on 19.05.2014 and 20.05.2014
even by air-dashing Shri G.S.Datta from New Delhi without giving me intimation
causing mental traumas to me and my family members.
The real reasons behind instituting investigation might be:
a) By deleting a letter (a) from my email id someone created new email id in my
name and sent abusive email to authorities saying STC inducted POs from
third class institutions by taking bribes by pinpointing the names of Shri
M.M.Sharma the then Director (Personnel) and Shri S.K.Sharma the then
CGM (Personnel).
I got this information through RTI when someone whose name also appeared
in this malicious email asked me whether I wrote this email. Shocked when I
requested STC to initiate inquiry, it sent negative reply of try on my own.
The writer of email must be wanted to kill two birds with one stone. His aim
must be to turn everyone against me by writing against the officials.
b) For my filing RTIs on various matters of STC (1) campus recruitments and
later on giving them fast-track promotions for every two years when STC is
literally bleeding with its worst ever financial crisis. Bombay High Court held
Campus recruitments are illegal and unconstitutional (2) Inducting middle
higher level executives without giving adequate publicity (3) Regressive
promotion policy 2010 against SC/ST (4) misuse of public money under
Corporate Social Responsibility (CSR) (5) STC giving flats repairs contract to
UTI and UTI in turn giving to others without competitive bidding (6)
contractor and sub-contractor details on Chennai & Bengaluru new office
buildings (7) inflated hotel stay bills of Mumbai officials (8) Misuse office
vehicles.
7. In the Mumbai branch EXIM BANK business lapses the then Director (Personnel) Shri
M.M.Sharma charge-sheeted ONLY scheduled caste managers. But there was no
charge-sheet against Shri V.V.Mandovkar who is part and parcel of EXIM BANK
operations and who is their marketing counterpart. Instead Shri V.V.Mandovkar was
promoted to Chief Manager by superseding seventeen of his seniors.
This is nothing but travesty of justice system in STC. Before the constitution of India
every person from honourable prime minister down to the humblest peasant is
equal and answerable to their actions. But the then Director (Personnel) (MMS) has
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given new definition to the Art.14 of the constitution by framing charge-sheets only
against the chief managers and the above. Below the level of chief managers were
exempted from giving charge-sheets in consultation with Officers Association. It
means they can go to any extent against the Constitution of India.
8. It is said including EXIM BANK there are more Rs.1680 crore business lapses in
Mumbai. Still Managers attending CBI. As effective deterrent retired officials were
terminated, existing officials punished with two increments reduction. Govt should
outsource STC for clearing 3.5 crore pending court cases based on this jurisprudence.
STC LEXICON SAYS: Rs.10,000 bogus medical claim is equivalent to termination of
service, Rs. 26,080 bogus LTC claim is equivalent to exonerate, facilitate several
hundred crores public money loot is equivalent to one or two increment reduction.
9. I am working as Deputy Manager since 16.06.2006. Messrs Akshat Bhargava and
Sunil Kumar Bishi who joined as management trainees on 29.11.2006 and
05.07.2006 respectively and who become Deputy Managers on 10.09.2010 have
become Managers on 20.02.2013 and 16.04.2013 respectively. In 6 (six) years period
Messrs Akshat Bhargava and Sunil Kumar Bishi have reached the positions of
Manager. But in my 25 (twenty five) years service with M.Com and M.Phil
qualifications I could reach only up to Deputy Manager a position
10. It offered me conditional appointment to the staff cadre non-managerial post of
Office Manager (Accounts) by equating my qualifications of M.Com and M.Phil with
B.Com under the Rajiv Gandhi government launched special recruitment drive on
07.02.1990.
11. But the STC recruited just an ordinary B.Com graduate Shri DIPANKAR
CHAKRABORTY as Manager (Marketing) on 16.08.07. It is three cadres above the
cadre of Office Manager. On what basis a B.Com graduate Shri DIPANKAR
CHAKRABORTY is appointed as Manager on 16.08.07?
In the second incidence a B.Com graduate Mr. SUBROTO MUKHERJEE is inducted as
Office Manager (General) on 04.12.87. Whether it is Office Manager (Accounts) or
Office Manager (General) the pay scale are same in STC. Both are same cadre and
both are supervisory in nature. When STC can induct Office Manager (General) with
B.Com, how it is impossible to STC to give Office Manager (A/Cs) post to a scheduled
caste with M.Com and M.Phil under Rajiv Gandhi Govt. Launched SRD in 1989?
Continued in page no - 69
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Major Impediments to the Dalits Growth
Relevance Of Independence And Relevance Of Republic To The Dalits Of This Nation As Far As Their Growth, Dignity And Social Status Is Concerned.
A Secular State Is Founded On The Idea That The State Is Concerned With The Relation Between Man And Man And Not With The Relation Between Man And God Which Is A
Matter For Individual Conscience.
I always wonder how these highly religious and God fearing gentlemen of STC behave in
such a cruel way when the topic of Scheduled Castes and Scheduled Tribes comes to them.
Persecutions, cheatings, lies are no sin to them. On our visit to them we get confused
whether we are living in the Secular State or Theocratic State after seeing a Pantheon of
Gods and Goddesses and naked Babas sitting in various postures in their Office Cabins.
During the 200 BC – 300 AD there is a social upheaval caused by the influx of foreigners,
inter-mixer of varnas, revolutions brought out in the religious spheres both by the Buddhism
0and Jainism, refusal of the Vaishyas to pay the taxes to the kings, refusal of the Sudras to
offer free service to three varnas of Brahmins, Kshatriyas and Vaishyas. Ultimately it leads to
the introduction of Bhagavad-Gita as an addendum of the Mahabharata. The essence of
Bhagavad-Gita is ‘obey the order, obey the Dharma, and obey the king. The present birth is
decided by the past deeds. If we behave well, we will be elevated in the next birth’. The
social order was restored in this way.
How the followers of the Hindu religion will uplift the Dalits, when Dalits were cursed by
the God?
Majority of the humanity is religious. Majority of Hindus are religious. The followers of the
Hindu religion will follow the religion in totality. A follower of Hindu religion will not follow
the religion in pick and choose manner. A follower of the Hindu religion will never question
the scriptures of the Hindu religion.
My point is: how then the followers of the Hindu religion will act against the orders of the
Hindu scriptures when they say that ‘present is decided by the past.’ It means humans have
no role to play in the destiny of the individuals. It means blessed higher births cannot
change the destiny of cursed lower births. It means the follower of the Hindu religion cannot
question the birth and re-birth orders of the supreme God. It will tantamount to questioning
the authority of the God. And it will attract the wrath of the God and will be pushed down to
Sudra status in the Varna order or pushed out of the Varna order in the form of
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untouchables or pigs in the next birth. In this background how the followers of the Hindu
religion will uplift the Dalits, when Dalits were cursed by the God?
French Revolution engulfed the entire world with the noble ideals of justice, liberty and
equality. We have imposed these nobles on our unequal social order. The rift is caused by
this. They are anti-theses. It is purely a conflict between the religious protagonists and
Constitution of India. It is a conflict between Rule of Law and Manusmriti in its Brahminical
Order. It is a conflict between Equality guaranteed by the Constitution and Inequality
propounded by our Hindu scriptures.
During the age of Enlightenment, Renaissance and Reformation people have questioned the
authenticity of everything including the Bible. In the similar way can we dare to question our
Hindu scriptures? Definitely Not. It was the age of Reason. It was a movement of
intellectuals who sought to mobilise the power of reason in order to reform society and
advance knowledge. It promoted science and intellectual interchange and opposed
superstition, intolerance and abuses in church and state.
When Galileo invented the astronomical telescope and informed the world that the earth is
not static and not flat it was considered to be repugnant to Holy Scriptures. The church had
silenced him as a heretic and imprisoned him in his own home for “having held and believed
a doctrine which is false and contrary to Scripture, that the Sun is the center of the world
and does not move, that the Earth is not the center of the World and does move. We
condemn you to formal imprisonment, in this Holy Office, at our pleasure.”
We do not like the Dalits questioning the injustices meted out to them. We do not like Dalits
demanding the Equality and Equal Treatment. We do not like Dalits demanding justice on
par with others. We do not like Dalits demanding equal opportunities on par with others.
We do not like Dalits occupying higher positions. We do not like Dalits progressing in their
lives. We do not like Dalits civilized in the modern ways of thinking and living.
From the stages of living outskirts in the exclusive ghettos, the Dalits were brought into the
mainstreams of the Indian society at the costs of persecutions, intimidations, humiliations
and harassments. This is the only striking difference between pre-independent India and
post-independent India and pre-republic India and post-republic India as far as their
Growth, Dignity and Social Status is concerned.
Reservations are a total farce. Back-log vacancies prove that. It is not a cosy life even to
those who took the jobs under reservations. They are being pushed down and down in the
name of falsification of merit. They have no ways and means other than mutely watching
when their upper caste juniors are being promoted. There is no value to their life and
liberty. They are being treated as beggars waiting with a big bowl. They are being treated as
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uninvited and unwanted aliens from the other world. They are being treated as parasites
preying on the wealth created by the higher castes. They are being treated as antonyms of
merit and synonym to beggars. Upper castes want to maintain master and slave relation
with them. Upper castes do not want to treat them as stake-holders of this great nation.
Unless and until the guardians of Scheduled Castes and Scheduled Tribes become proactive
the curse of being Scheduled Castes and Scheduled Tribes will continue to haunt them
forever unabatedly. It is nothing but sickness of the Mind.
If Religions Are True, If Followers To Their Religions Are True, We Need No Police, We
Need No Prisons, We Need No Judicature And We Need No Military At All.
But what are the reasons for the wars, crimes, killings, murders, tortures, terrorism,
poverty, untouchability, exploitation, bonded labour, child labour, kidnapping, illiteracy,
corruption, unemployment, dowry deaths, hunger, malnutrition, starvation deaths,
atrocities, farmers suicides, footpath-dwelling, food adulterations, black-marketing, etc?
Lastly I also always wonder how the God, the supreme primordial eternal cosmic soul can
discriminate his own children.
Even when an ordinary soul, the creature of the God doesn’t differentiate and discriminate
his children, how the heavenly God curse some of his own creation as beggars, lepers,
untouchables, mentally challenged, physically challenged, crippled, destitute, menial
workers, etc?
People say everything is written on our foreheads by the God. People also further
emphatically say that even if we put maximum efforts and all our energies we will get back
what is written on our foreheads by the God. But it is not understood by me. Then do they
mean to say that criminals, murders, terrorists, kidnappers, corrupts, black-marketers are
the result of the God’s will/wish or predetermined by the God? Then none of them should
be held guilt or responsible for their actions. We should hold God answerable for their
actions/crimes as their crimes are predetermined by the God himself.
Humans are more kind than the Gods. The maximum life imprisonment we award to any
convicts is not more than 14 years. If the convicts repent and bring change in their
behaviour we reduce the tenure of even life imprisonment and release them to lead a new
lease of life.
But the God is not as liberal as humans. His punishments are irrevocable. His punishments
are for entire life. Humans’ award punishment from the date of conviction of crime,
whereas God award punishment from the date of the birth to date of death. A Person who
has born in the family of untouchable must live and die as untouchable.
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The Real Salvation To The SC/STs And The Real
Solution For The Corruption-Free Society Lies More In
The Transparency Of The Peoples Work. ------
1. The real salvation to the SC/STs lies more in the transparency of their work.
Transparency is the key to eliminate many evils. The valuable contribution of the
SC/STs is always going unnoticed. There is no proper recognition to their work. They
are the victims of false propaganda by the upper castes. They are the victims of caste
prejudices. They are the victims of open and day light discriminations. They are the
victims of divisive politics. They are the victims of high-handedness. They are
voiceless and speechless victims of caste brutalities.
2. Therefore the need of the hour is: The STC should open the portals of all their
employee’s in their official Website mentioning the name, designation,
qualifications, date and mode of appointment, details of their promotions right from
joining, nature of duties assigned, date of current duties assigned, date of
completing the assigned duties, time taken to complete the assigned duties, the
reasons for non-completion of the work, details of debtors, reasons for non-
realisation and so on.
3. This should be made the basis for employee ratings, performance related pay and
promotions. Otherwise the ruse of intimidating the SC/STs in the name of merit and
other preponderant virtues will go unabated.
4. This will also be the best and right tool to fight corruption. This will open the
Pandora box of who is working what? Who is getting what work? For how many
years an employee is working in the same division? What is the productivity of each
employee? This will give a death-blow to favouritism and nepotism.
5. Altogether and once for all we should give up confidential reporting system as it
leads to favouritism and caste prejudices. Confidential reporting system invariably
breeds corruption and corrupt practices.
6. We should apply the Principles of Collective Responsibility to the STC’s Board of
Directors, Fix the Accountability to the STC’s Vigilance and Open the Portals of all the
STC’s Employees in STC’s official website to know what each one is doing?
7. These are the sure and definite measures to contain the Corruption and the Human
Rights Violations.
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There Should Be an Autonomous, Constitutionally
Established Central Authority Responsible For Filling
All SC/ST Reserved Vacancies. -----
1. It is foolish to expect a step mother/father to take care of her/his foster children at
the cost of her/his biological children. Likewise it is foolish to expect the upper castes
who authored the four Varna system, who doctrine the inequality of births and who
are responsible for denial and suppression of SC/STs for centuries together to uplift
them at the cost of their kith and kin. We need to keep the goats NOT in the custody
of a butcher? What we need is a shepherd to take care of goats.
2. Judging the people rationally and rational interpretation of laws is possible only
when citizens have common identity of one caste, one religion, one region or when
we are above the prejudices. But when we are deeply divided underneath and
identify with castes, sub-castes, region, religion there is always ample scope for
prejudiced judgements and biased interpretation of laws.
3. We are witnessing full representation of SC/STs only in political arenas: whether it is
in Parliament or in State Assemblies. Similar representation is need of the hour in
the rest of fields like education, employment and other socio-eco-cultural fields.
Even after 67 years of Independence we are still lagging behind and far away from
the expectations in these fields.
4. Therefore we should bring changes and amend the constitution. We should remove
IFs & BUTs and all discretionary powers as far as matters concerned to SC/STs. We
should not leave the SC/STs at the mercy, charity and discretion of the people. If we
are true to the goals of our constitution and if we have any respect to the
constitutional fathers we should evolve an automatic mechanism without human
interference to give with dignity what is due to SC/STs. We should evolve a
transparent mechanism.
5. On par with Union Public Service Commission (UPSC), Comptroller and Auditor
General of India and Election Commission of India there should be an autonomous,
constitutionally established central authority responsible for filling all the
reservations. And the National Commissions for Scheduled Castes and Scheduled
Tribes will continue to function as it is.
6. No Humanity Can Be Rational. Even the Learned Men Also Cannot Be Rational All the
Times. One Side We Guarantee Freedom of Expression a Fundamental Right and the
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Other Side We Suppress It In The Name Of Social Order. What Is Meant By “Hurting
The Sentiments Of Others”? When A Person Or A Political Party Have The Right To
Criticize The Prime Minister Or Any Other Political Party Why People Are Denied
Similar Rights To Criticize The Wrongs Of Any Other Culture/Religion. Why The Later
Only Comes Under The Umbrella Of “Hurting The Sentiments Of Others”? Does It
Mean Others Do Not Have Sentiments? Should Women Be Beaten Up For Visiting
The Pubs? Who Has Given Whom The Monopolistic Or Patent Rights To Defend Any
Culture/Religion?
7. Science Says Smoking Is Injurious To Health. Then Should We Interpret It As “Hurting
The Sentiments Of Smokers”? Your Right To Dislike Something Is As Important As My
Right To Like Something. Your Right To Criticize Something Is As Important As My
Right To Glorify Something. No Social Change Is Possible Without “Hurting The
Sentiments Of Others”. When The Issues Of Sati, Child Marriage, Widow Remarriage,
and Untouchability Came Up There Were Rebellions Against The Social Reformers.
8. It Reminds Me A Childhood Story. There Was A Quarrel Between Two Persons, One
Saying Tur Dal Dish Is Tastier And Another Saying Meat Dish Is Tastier. Then The Two
Went To King. After Listening Their Quarrel the King Pronounced That the Latter’s
argument is Correct as He Tasted Both the Dishes and He Knows Better.
9. The STC follows three-pronged policy of fool, frustrate and ignore in tackling RTI
applicants. It first tries to FOOL the RTI applicants through its irrelevant replies. In
the second stage it tries to FRUSTRATE the RTI applicants through its frustrating
replies. If the RTI applicants continues to file applications even after withstanding to
these two techniques of fool and frustrate then the STC applies the third technique
of IGNORE the RTI applicant. They stop giving any replies.
Thanking you
Yours faithfully
Y.S.V.Prasada Rao
Address
Flat no – 14, Ratnadeep Apartment,
Juhu Tara Road, Juhu,
Mumbai – 400049