corruption of social welfare department uttar pradesh - an example

BY E-MAIL
BEFORE THE HON'BLE STATE INFORMATION COMMISSION UTTAR PRADESH
Case no. : S-1 / 3921/C/2007
Petitioner : URVASHI SHARMA , F-2108 ,RAJAJIPURAM ,LUCKNOW - 226017
Vs.
Respondent :PIO / CHIEF SECRETARY , U. P. GOVERNMENT , LUCKNOW
==========================================
To.

Hon'ble State Chief information Commissioner
Utter pradesh State Information Commission
VI th floor , Indira Bhavan , Lucknow- U. P.

Subject: Objections against the information provided by the respondent vide letter no. SU.AA.-22/26-1-2008/2(15)/2006 lucknow dated 11th february 2008 and application under RULE 7(2) of UTTAR PRADESH STATE INFORMATION COMMISSION (APPEALPROCEDURE)RULES2006

Hon'ble sir,
With due respect the abovenamed petitioner wants this to bring to your kind notice that -

1} The petitioner, to obtain inormation on 6 points regarding her letter dated 02-04-07 addressed to the mahamahim president of india sent by speed post no spee 706581739 in dtd 02-04-07, made a request under section 6 of the "RTI act 2005 " to the pio of president house secretriate , new delhi on 21 May 2007 .The application was accompanied with indian postal order no. 57 E 211816 and was sent by speed post no. SPEU 948719246 IN dtd.21/05/2007.

2} The receipt of my letter dated 02-04-07 was acknowledged and I was informed by the rashtrapati bhawan that my letter dated 02-04-07 was forwarded to to the government of uttar pradesh vide letter no. p2-1228366 dated 11 april 2007 . Regarding my letter sent under RTI act , the rashtrapati bhawan sachivalaya vide letter no. E-6/DPS/40/05/2007 DATED 28 MAY 2007 directed me to contact the chief secretary of u. p. to obtain the required information.

3} Then I sent application under section 6 of RTI act to pio , office of the chief secretary with IPO no. 57E 211819 vide speed post no. speu 948183055 in dtd. 08-06-07.

4} as even after 30 days no information was sent to me so I moved first appeal u/s 19(1) of the rti act to the chief secretary of u. p. on 09-07-07 vide speed post no. speu 948197187IN dtd. 09-07-07.

5}as even after next 30 days no information was provided to me and I was compelled to move second appeal u/s 19(3) of the rti act on 09 august 2007 ( reference receipt no. 29624 dtd 09 august 2007 of SIC U.P. ).

6}Thru Letter no. 2655/43-2-2007 dtd. 25 october 2007 of administrative reforms deptt. I came to know that my case has been transferred to them with incomplete file and I was asked to furnish copies of all my letters once again to them which I sent to sri vijay kumar mishra pio admin reforms deptt vide speed post no. speu 497306698 in dtd 31-10-07 ( 435grams - total 94 pages )

7}Administrative reforms department did not provide me any information and transferred my letter to pramukh sachiv social welfare department u.p. vide letter no. 2806/43-2-2007 dtd 02-11-2007.

8} The hearing of the case was fixed on 05-11-2007 but nobody from respondent's side turned up.

9} in next hearing dated 24-12-2007 , the respondent sent his ADVOCATE with the clear intention to kill the time and asked for a copy of my letter dated 21-05-07.

10} I don't understand how many times I have to furnish the same paper to get the information ? This is not only violation of the act but exploitation of the petitioner also.

11} Next hearing was scheduled on 12-02-08 and the respondent issued letter no SU.AA.-22/26-1-2008/2(15)/2006 lucknow dated 11th february 2008, just on the eve of the hearing with the malafide intention so that I should not be able to submit my objections before SIC U.P.

12} Since the petitioner was being continuously threatened & harassed by sri A. K. Bajpai , Sri K. K. Srivastava and sri Pawan Kumar Mishra ( all are representatives of the respondent ) , she was not able to reach the SIC U.P. and attend the hearing dated 12-02-08.

13} My husband sri sanjay sharma is lecturer in G. B. Pant polytechnic and because I am using RTI to expose the nexus among the corrupt officials of social welfare department and sri A. K. Bajpai , Sri K. K. Srivastava and sri Pawan Kumar Mishra , my husband is also being targeted by the corrupt officials of social welfare department alongwith sri A. K. Bajpai , Sri K. K. Srivastava and sri Pawan Kumar Mishra . All these persons are trying to destroy my husband's career and his life is also in danger. Many baseless letters have been issued to my husband by A. K. Bajpai at the behest of the respondent.

On one side Pawan kumar mishra is being paid four extra increments illegally , K. K. Srivastava has been paid duty pay for the period when he was in police and judicial custody for more than 48 hours on the other hand my husband is being shown absent for the period when he was in the institute and has performed official work which is in the records of the institute .All this is being done to demoralise me so that I should not use RTI against Social welfare deptt. Of U. P.

14} Even after many months the respondent has not
provided required information as per section 7{9} of the act on my letter ( sent under section 6 of the act )
dtd.21stmay2007 & letter dated 08-06-07. The respondent has sent only one letter no su.aa.22/26-1-2008-2(15)/2006dtd. 11 -02-08 .

15} It's extreme painful and tragic that the information sent by the respondent is not the information required by the petitioner.Thus the respondent is guilty of not only wasting the precious time of Hon'ble commission and the petitioner but of protecting the corrupt officials and corrupt practices prevailing in the department also .Its even more henious that wrong information is being sent deliverately with the intent to safeguard the culprits at the cost of public money.


16} my objections regarding the information provided vide letter no. su.aa.-22/26-1-2008-2(15)/2006 lucknow dated 11th february 2008 are as given below ->

OBJECTIONS ->
a} Point no. 2 , 3 , 4 & 5 -> Instead of providing me the required information as per section 7(9) of the act , the respondent has clearly denied the discharge of information which is gross violation of the act . The respondent has written that "enquiry on complaint " does not fall within the purview of the rti act .I want to know under which section of the act the respondent is denying the information ? or else I should know if whatever the respondent says is a rule. The plea taken by the respondent is is false baseless and contrary to the provisions of the RTI act .

Its very painful to see the quality of work of uttar pradesh social welfare department. The letters issued by the government should be a class of its own , but the reality is far far far away from what is expected. A bare perusal of page 1 point 2 would reveal the true picture of quality of work of uttar pradesh social welfare department. Here the respondent has written that if the petitioner has some specific complaint on some specific points she can bring it to the notice of pramukh sachiv. When no action is being taken on letter forwarded my hon. President of india that too when asked under RTI what else should I expect from the corrupt and indifferent officials. This statement of the respondent is only an excuse to kill time and portrays that even today wrongs done in the past are being safeguarded and
either
- incompetent persons having no knowledge and aptitude to understand the rti act were involved in the process of issuing of this letter , which is very serious matter and should be dealt with immediately. Please ask the respondent to provide them the necessary training so that in future they should not commit such blunder and also to punish them as per law and official procedures of the department .please ask the respondent to provide me the names of all employees and officers concerned
or
- Misleading information is provided to me deliberately with a malafide intention to safeguard the corrupt officials , persons and practices of the department which is a crime vis-a-vis the responsibilities of a government servant and clearly shows that something wrong is still prevailing in the department. Please punish the respondent for providing me misleading information.

As desired by the respondent , I have complaints on certain points which I am writing below and sending herewith through the respondent for enquiry and necessary action at appropriate level of the government ->

- pawan kumar mishra and k. k. srivastava were not holding the requisite qualifications of the posts they joined @ Rs. 40/- per lecture means their initial appointment was illegal and ultra virus to the constitution of india.but no action has been taken so far . Why ?
- K.k.srivastava was a diploma holder in feb 92 and took payment of degree holder and this financial irregularity is not ever seen by the officials of the department. I ask why ? why no recoveries made so far?
-In wp 2566/ss/95 pawan kumar mishra and k. k. srivastava used false/fabricated/misleading / manipulated annexure nos 2 ,3,4, & 5 and no pains were taken by the officials who were responsible for bringing the facts to the knowledge of hon. High court , I ask why ? suppression of facts with a malafide intention is a crime but who cared.Why ?
-k. k. srivastava and p. k. mishra were paid 5 months' salary from january 2001 to may 2001 without doing any work and against the order of hon. High court lucknow bench dated 17-10-2000 passed in regarding wp 2566/ss/1995 and defying the principle of no work no pay.
- Social welfare u. p. government prepared g.o. no. 4747/26-1-2002-9(40)/2002 lucknow dated 28 october 2002 against the reservation policy of the state government which is a crime but instead of punishing the culprits , the all corrupts are enjoying the good time. This was done only to help k. k. srivastava in his contempt petition which he did also.
- Pawan kumar mishra was illegally adjusted on the post of Workshop Superintendent under political pressure which is evident from g.o. no. 4709/26-1-2007-6(41)/2007 lucknow 23 october 2007 point 1& 3 , g. o. no.479(aa) /26-1-2008-6(41)/2007 lucknow dated 18 february 2008 and notesheets of files.
- P. k. mishra did not possess three years' experience , a must qualification for the post of workshop superintendent.even then the corrupt regularization committee comprising of many I. A. S. officers regularize services of p. k. mishra which was cancelled by the hon. High court in his order dated 24-02-2006.instead of complying the court order the height of corruption is evident from the fact that executive order for grant of promotional pay scale to pawan kumar mishra is released against the said hon high court order dated 24-02-06 and lakhs of rupees are drained out as arrears to pawan kumar mishra.this is a landmark example of how corrupt our officers are and how they are exploiting the system for their vested interests and going scot-free . they are clearly misusing the power vested in them for the good of the masses but they have become parasites and are feeding on blood of the masses. The order of cancellation of regularization was dittoed in review petition no. 80 / 2006 final order of hon. High court and special leave to petition cc no 1083/2008 order dated 01-02-2008 by hon. Supreme court.as per rule 8 of rugularization rules and rule 5 of uttar pradesh ordinance no.26 of 2001 no. 2922(2)/xvii-v-1-2(ka)35-2001 lucknow dated 24december 2001 servises of pawan kumar mishra were to be terminated but the corrupt officials are so much engrossed in their vested interests that they have not only retained pawan kumar mishra in service but by giving the free hand to the principal of the institute sri ashok kumar bajpai they have rewarded pawan kumar mishra with four extra increments .not only this pawan kumar mishra though legally not an employee of the department has been given the charge of store officer and incharge of board exams.this is the height of irregularity and all officials at government are responsible for this.but who cares when everyone is getting his share.now honesty is only a word often used by the most dishonest officials during meetings and seminars .u.p. social welfare department is a den of corrupt or indifferent officials.

- K.k.srivastava was regularised on the post reserved for scheduled caste in the guise of hon high court order. I want social welfare department to quote me a single example where court has ever ordered the executive to work against the law but I have many examples where the executives distort the court order on their own. K. k. srivastava's regularization is also a class example of the same.
- Pawan kumar mishra , k. k. srivastava , and s.k.s.gaur were awarded promotional pay scale without directorate's proposal which is illegal and the fact has itself been admitted by the government in g.o.no.479/26-1-2007-6(41)/2007 lucknow dated 4 january 2008 but no steps are taken by the government to mend the things done against the rules in the past.
- k.k. srivastava was in custody for more than 48 hours but he has not been suspended and duty pay has been given to him even for the period when he was in police lock-up and in district jail on 09-04-06 &10-04-06 .this is height of malpractices of social welfare department. since right from section officer to commissioner , everybody is getting his share so what's the need to investigate the matter and follow rules.make money and live happy is the slogan of social welfare department.
If my complaints are baseless , false and objectionable , the respondent is free to take any legal action against me as per law but refusing to provide information / enact enquiry on my applications is gross violation of the act for which the respondent should be punished under section 20 of the act.

b} point no. 6 -> The respondent has once again not only taken the attitude to safeguard all past , present and future corrupt practices prevailing in the department vis a vis illegal appointments of g. b. pant polytechnic ,but to safeguard the prevailing wrongs in the department the respondent , who is dutybound to provide the information is beating about the bush and passing the time only to safeguard his personel interests at the cost of loss to the state exchequer also . The principal of g. b. pant A. K. Bajpai alonwith K. K, Srivastava and Pawan kumar mishra are working as agents of the respondent to harass me and my family . I want a high level enquiry in this matter but all my efforts are ruined as all the papers are being sent to social welfare department of u.p.
please get me provided all relevant papers, of actions taken to safeguard the life of mine and my family.

Henceforth your goodself is requested to
A}direct the respondent to go through my letters sent under section 6 of the act seriously and to provide information sought by the petitioner on all points strictly as per provisions of section 7(9) of the act.
B} The respondent be punished for not complying the act in spirit and for unnecessarily delaying the discharge of information and thus shielding the CORRUPT officials / practices of the department.

C} The petitioner be exempted from personally appearing in next hearing of the case as she is continuously getting life threats from a. k. bajpai , k. k. srivastava and pawan kumar mishra ( all representatives of the respondent ) and appropriate order be passed based on this letter and material on record as per RULE 7(2) of UTTAR PRADESH STATE INFORMATION COMMISSION ( APPEAL PROCEDURE ) RULES 2006

Date : 09 march 2008

Thanks and regards.
Petitioner

{URVASHI SHARMA }
F - 2108, RAJAJIPURAM , LUCKNOW - 17

Copy to the undermentioned to give them an overview of working of government offices and for necessary action :
1. The president of india , president house ,new delhi
2. The governer , uttar pradesh government , lucknow -u.p.
3. The chief justic of high court of uttar pradesh , allahabad-u.p.
4. Sri prashant kumar mishra , The chief secretary , u. p. government , lucknow . u. p.
5. Sri R. K. Mittal , The apellate authority and the commissioner
,Social Welfare ,department , uttar pradesh government , Lucknow ,Uttar Pradesh
6. Sri N. N. upadhyaya , principal secretary , administrative reforms department , u. p. government , lucknow - U. P.
7. Sri Ram Ganesh , The PIO and joint secretary ,Social Welfare
,department , uttar pradesh government , Lucknow , Uttar Pradesh

{URVASHI SHARMA }
F - 2108 , RAJAJIPURAM , LUCKNOW - 17