Letter dated 9 Sept 07 sent to GOI

Sun, 9 Sep 2007 08:04:35 -0700 (PDT)
From: "jayashree kumar" <moc.oohay|26eerhsayajnj#moc.oohay|26eerhsayajnj>
Subject: Supression and distortion of facts by Sri P.B.Mahishi,IAS Chief Secretary Of Karnataka in his letter to GOI about Sri M.N.Vijayakumar, IAS
To: ni.cin|pom_yces#ni.cin|pom_yces
CC: ni.cin.br|aidnifotnediserp#ni.cin.br|aidnifotnediserp, "Governor" <moc.lnsv|rlbbr#moc.lnsv|rlbbr>, "lokayukta" <ni.cin.rak|ger-alk#ni.cin.rak|ger-alk>, "kic" <ni.vog.akatanrak|cics#ni.vog.akatanrak|cics>, "Home secretary" <ni.vog.akatanrak|emoh-srp#ni.vog.akatanrak|emoh-srp>, "water" <ni.vog.akatanrak|rw-srp#ni.vog.akatanrak|rw-srp>, moc.oohay|26eerhsayajnj#moc.oohay|26eerhsayajnj

Jayashree JN

w/o Shri M.N.Vijayakumar,IAS (KRN 81)
No. 96, First Floor,RBH Road, KG Nagar
Bangalore 560 019

Re: Letter No DPAR 418 SAS 2007 dated 6/8/07 from Chief Secretary
Government of Karnataka
Dear Sir,
I am Jayashree J.N.wife Sri M.N.Vijayakumar, a 1981 batch IAS officer (Karnataka Cadre). My husband is being harassed , humilated and threatned for reporting corrupt practices of senior officers. Chief Secretary Sri. P.B.Mahishi refused to take action and is brazenly shielding the corrupt. Instead of fighting for justice after losing my husband , I decided to take up his cases independently using RTI Act. (My husband's many repeated requests in writing were ignored by the Chief Secretary and that too to discuss issues of public interest and in particular the serious corrupt practices of senior officers).As my son and myself were also threatened I decided to protect ourselves by making our struggle known to the world. In fact I had much earlier requested the GOI to intervene and the following reference is taken from the file monitoring system of Chief Secretary's office
Letter No. 263/2007-AVD(I)- Sub: Complaint from Jayashree Kumar w/o Shri M.N.Vijayakumar,IAS(81) - Sender name and address: Jugal Kishore, Under Secretary to GOI, Min of Personnel & Pensions, New Delhi (received by Chief Secretary's office between 15/3/07 and 31/3/07)
I had sought information under the RTI Act quoting threat to my family members and after filing a complaint with the Karnataka Information Commission received certain information from the karnataka Government vide letter received from the Chief Secretary's office No. DPAR 483 SAS 2007 dated 3/9/07 on 8/9/07. What is glaring in the remarks made by Sri P.B.Mahishi,IAS while forwarding my husband's distress letter (highlighting fatal threats to us) to the President of India by supressing and distorting facts. I am only giving a few of them below.

1. My entire family has suffered because of Sri P.B.Mahishi's reluctance to refer my husband's case to a committee suggested by the Cabinet Secretary in his letter- D No. 502/2/3/04-CAV issued on 22nd July 2004 to provide a platform to those offficers who take principled stand as they dont have any forum or remedy for such harassment.In fact to an application made under RTI Act, Chief Secretary has directed that my husband's request to refer the matter to a standing committee should be sent to a department which hears citizen's grievances.This clearly shows he does not even make any effort to understand the content and feeling with which the Cabinet Secretary had addressed the letters particularly after the murder of Sri satyendra Dubey. By any stretch of imagination issuing seven transfer orders in nine months can be construed to be done in public interest forget about the interest of the officer.

2. My husband has been harassed with frequent transfers and out of six transfers made after he was promoted as Principal Secretary, four were to such posts that they had to be upgraded. Regarding his frequent transfer to Gulburga even after bringing to the Chief Secretary's notice I found using the RTI that the predecssor of the present Chief Secretary had lied on file stating that there were other officers who worked in Gulburga three or more times. In fact after prolonged delay and supression of facts finally I got the reply from the Government that as per their records only my husband had worked three times in Gulburga. In this connection I want the GOI to set up a committee to conduct a detailed investigation. I have filed a complaint against the previous Chief Secretary as she tried to shield her brother who is involved in a major irregularity reported by my husband and because of this he wrote to a notice issued by the Chief Secretary that she has given him two choices : obey the order and face fatal consequences or disobey and face enquiry for no fault but reporting corrupt practices of senior officers.

3. As though this is not enough when information was sought under the RTI Act in respect of a much junior officer who was posted to Gulburga to the same post but was modified later, the information given was that a less than one year old file is not traceable. What is worse is that while my husband was issued with two notices to report at Gulburga other officers (Sri Aravind Jannu and Sri Rajeev Chawla - both much junior to my husband-got their transfer modified without being issued any notices and were not compelled to report at Gulburga. If the area was important there is no reason why no direct posting is made to that post for more than one year. This highly discriminatory, illogical and irrational decisions can never be interpreted as being done in public interest.

4.Regional Commissioner Posting: Facts of legal and administrative problems that would arise as the officer making orders under certain provisions of the ACT and the officer to hear appeal were of the same grade has been totally supressed by the Chief Secretary and has only highlighted and distorted my husband's suggestion to remove the legal hurdles. The truth behind this transfer is that my husband tried to bring in transparency and offered to support all honest officials. These have been suppressed by Sri P.B.Mahishi. Karnataka being branded as the fourth most corrupt State in the country has to have more corrupt officers understandably. Even though Prime Minister and President ask IAS Probationers to fight corruption head on, even my effort to fight corruption has been questioned and I have taken up the matter with the Women Commission. Unfortunately, even the Women Commission has not been spared by the Chief Secretary.

5.If Government posted him as Regional Commissioner , Bangalore after taking his consent then why his consent was not asked when he was sent on deputation to a closed company with no staff, no facilties and no salary and that too held by a non-IAS officer of such a rank that my husband would be of his grade 15 years back. If consent was taken before posting why no wating period was sanctioned to my husband? Why now my husband has been given a post occupied by Engineers only (out of last 22 officers who held my husband's present post 20 were Engineers and two IAS officers were posted in their personal interest.)

6. Regarding my husband's efforts to bring in transparency : Eveyrone knows that because of the bureaucracy's vested interest RTI Act had to be brought in to make them more accountable and responsible and in turn this is the only weapon available today against corruption.My husband's circular regarding allowing citizens to see file on certain days in a month can be got legally examined and it should not surprise any one that they are strictly allowed under the law with or without the RTI Act.Sri P.B.Mahishi , IAS whose dislike for transparency and the RTI Act is well known among the RTI Activists who in fact came together demanding apology from him for distorting facts about my husband .My husband created the first computerised information booth as early as in 1992 itself when no one was talking about RTI Act. More details are available in my website

7.I used the RTI Act to get certain information from the Department of Public Enterprises,Nearly 15 files containg information about corrupt practices and all less than a year old were reported as not traceable.Further it would be too simplistic to assume that the DPAR was unaware of the fact that the person who was retained had only three months to retire. In fact the file notings show that it is an after thought. Any person with average intelligence can find out the real intention by reading the file notings.Under these circumstances the cancellation of my husband's posting to that office shows that Sri P.B.Mahishi is supressing facts and distorting facts to shield the corrupt (In fact on 23.5/07 when I accompanied my husband to meet Sri P.B.Mahishi he refused to discuss specific case of corrupt practices reported by my husband and in fact threatened my husband and clearly told that he shields the corrupt, he refuses to take action against the corrupt and that he could report to the Lokayukta the same- My husband followed his advice and lodged complaint against him with the Lokayukta whatever was admitted by him. As I am a witness to this both my husband and myself have been harassed). Even before listening to the issues of corruption my husband wanted to discuss , Sri P.B.Mahishi comes to the conclusion that they are baseless allegations even without knowing the case.

8. As for as assuming chagre of Mysore Lamps is concerned there is enough one way correspondence made by my husband with the Government and I again request some group to study these letters written by my husband. As for quoting references , the State Act allows assuming charge under special circumastances and the so called seven letters quoted by my husband in the CTC establishes the special circumstances.Chief Secretary has supressed each and every fact in this regard.It is not clear as to how standard terms and conditions of deputation can be issued to a closed company

9. Regarding the so called security arrangements made my various letters to various authorities (in particular to the Hon'ble Lokayukta, The Chief Information Commissioner , the Home Commissioner can be examined), I have given photos of the recordings made by the police in the beat-book when I was away for more than 16 days (as my mother -in-law passed away on 24/8/07 - if my husband had supported the corrupt practices of Sri.P.B.Mahishi , my husband would have been given a good posting in Bangalore itself and it is quite possible that my mother-in-law would have survived for some more time) and the house was locked and how farce this arrangement is can be made out.

10. I totally agree that my husband is being harassed and humiliated with the sole intention of forcing him to quit the Service. Now I feel if he leaves the job his and our lives would be under immediate peril (In fact a retired Chief Secretary told (warned, threatened ?) my husband and me on 5/4/07 that the people against whom we are fighting would decimate us and that is when the website route was used by me to protect our family). So I am pressurising my husband not to quit the Service and this is also the views of hundreds of well-wishers across the world

11. I want the GOI to order a detailed enquiry by forming a committee with officers of high integrity into the entire matter before some irreversible fatal damage happens to any one of us in the family.I will be too willing to furnish information over and above what is already made available in my website
http://fightcorruption.wikidot.com. An urgent action is needed in this direction whether GOI contemplates to bring an act to protect whistle-bnlowers(as strongly recommended by the Administrative Reforms Commission) immediately or not. I also request the GOI to examine my husband's contention that the requirement under AIS Rules that every officer should work with absolute integrity at all times already makes it mandatory for any IAS officer who comes across any corrupt practices any where to report and act upon.

12. If GOI also feels that the AIS Rules requiring every officer to work with absolute integrity at all times is not to be insisted upon then it is not worth continuing in the IAS and I will ask my husband to retire and take that issue itself to mobilise people across the country to fight corruption. The one and only demand made by husband is that he be allowed to work with absolute integrity and even this has been supressed to by Sri P.B.mahishi.

I quote below from GOIs own letter (sent to all Chief Secretaries in the Country) and I request the GOI to withdraw this letter if my husband has to quit the Service.

..improvement of efficiency in the delivery of services by Government and its agencies depends on the morale of the officials working to provide those services. Government constantly strives to improve its system of incentives and disincentives as an ongoing exercise in administrative reform. However, it appears that there is an urgent need to build in a regular system of interaction where officials can ventilate their genuine grievances. Officers often feel frustrated in the absence of an appropriate forum for ventilating these. The grievances may be in the nature of being marginalised for taing principled positions, not being empanelled despite merit,having to forego promotions and other such situations symptomatic of an unfriendly work environment. These frustarations build up to give Government the image of an insensitive employer which we need to correct… I am also endorsing a copy of this letter to the Chief Secretaries of the State Governments for their information and appropriate action.

I hope that the GOI at least understands the extreme seriousness of the situation and act quickly before some serious fatal damage happens to any one of us. I also request this to be brought to the notice of H.E. the President who being a woman will understand my plight.

Thanking You ,
Yours Sincerely,
Jayashree JN

Sri Satyananda Mishra,
Secretary, Ministry of Personnel
North Block, New Delhi

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