The Hans India: Guwahati: Tuesday,
April 11, 2017.
The very
purpose of the RTI Act is to empower a citizen to question the inaction in the
form of seeking information. It is clear from his applications and
representations that something is seriously wrong and a kind of mini “Vyapam”
scandal might have happened in the public authority. The Commission is
surprised to know that no action was initiated to probe this Munnabhai filmy
type of impersonation scandal in spite of detailed RTI requests along with
relevant copies in at least 11 cases.
Over 2,000
people have been arrested in connection with the Vyapam scam, which is an
admission and recruitment scam involving politicians, senior officials and
businessmen in Madhya Pradesh, facilitated by thousands of educated persons
receiving money to impersonate to write employment-selection-examination for
some others.
The Madhya
Pradesh Professional Examination Board (MPPEB), popularly known by its Hindi
acronym Vyapam (Vyavsayik Pariksha Mandal), is a self-financed and autonomous
body incorporated by the state government responsible for conducting several
entrance tests in the state.
These
entrance exams are held for recruitment in government jobs and admissions in
educational institutes of the state. The multi-crore rupee scam involved a collusion
of undeserving candidates who bribed politicians and MPPEB officials through
middlemen to get high ranks in these entrance tests.
Police say
scamsters employed imposters to write papers, manipulate sitting arrangements
and even supply forged answer sheets by bribing officials between 2012 and
2013. Thousands of candidates selected through this scandalous process are
working in various departments of Madhya Pradesh, seriously affecting the
efficiency of the government work.
The
irregularities have snowballed into a massive multi-layered scam that has
claimed the lives of 25 whistleblowers, accused and witnesses with others
saying they received death threats as the top leaders find themselves embroiled
in the scandal. Unofficial reports put the toll at 41.
In response
to the demand of resignation by several opposition parties, the CBI said: “CBI
wishes to reiterate that the investigation is still continuing in
Vyapam-related cases and has not been finalised. Any news report indicating
that any conclusion has been reached during investigation is speculative and
presumptuous and hence, is strongly denied.”
The Congress
party alleged many high profile persons including Governor Ram Naresh Yadav’s
son Shailesh Yadav, Officer on Special Duty (OSD) to the Governor, Dhanraj
Yadav, Chief Minister Shivraj Singh Chouhan’s OSD Prem Prasad, former Higher
Education Minister Laxmikant Sharma and his OSD OP Shukla, Vyapam Controller
Pankaj Trivedi, Vyapam Chief System Analyst Nitin Mahindra and several others in
the FIRs related to the scam.
This is
current status of mysterious impersonation scam that rattled the administration
of a big northern state in India. There are several such scams, small in size,
one of which is exposed by a series of RTI applications. Here is an example.
Impersonation
scam in ESIC
Harish
Dhingra sought copies of admit card and attendance sheet of Nityanand, for
appearing in an examination conducted by ESIC (Employee State Insurance
Corporation) or its authorised agency for employment as LDC or UDC in ESIC. He
also demanded the number of marks obtained by Nityanand in computer skills test
and minimum qualifying marks. The CPIO in his reply dated 09.03.2016 informed
the appellant that Nityanand was not selected for the post of UDC. Unsatisfied,
the appellant approached the Commission.
Explaining
the background of the demand for information, he alleged that there is a
scandal behind the test for selection of LDCs conducted at Faridabad by ESIC on
20th September, 2009. The appellant told the Commission the following:
“The
undersigned was shocked to find that signatures on admit card of &
Attendance Sheet of abovementioned successful candidates in written test, who
were appointed as LDC in the said exams are quite different to the signatures
of persons who appeared for said examination on 20th September 2009.
To a lay man
like undersigned who is not a handwriting expert the difference is quite
evident. It is evident that abovementioned candidates who applied and were
appointed LDC in ESIC were not the ones who appeared for examination. It was a
la Munna Bhai MBBS (Hindi Film) movement.
The
undersigned also got signatures of admit card & signatures of said
candidates in Attendance Sheet of Computer Skill Test under RTI Act, 2005 and
that too were different meaning thereby that here in Computer Skill test also
people who were appointed as LDC in the said test were not the ones who took
Computer test. Here again it was a la Munna Bhai (Hindi Film) movement. (He
gave eight names who signatures did not tally.)
It is quite
evident that at-least eight successful candidates who were appointed LDC in
ESIC & later may have been promoted to UDC etc etc got the appointment
through illegal unfair & unfair & mala-fide means.
It is prayed
that through investigation may be carried out to know the truth in undersigned
above submissions & if found true then appropriate action be taken against
all those responsible in the sordid Scam.
It is also
pertinent to mention here that this is only tip of iceberg; the undersigned has
sought information about Social Security Officer (also known as ESIC Inspector)
of Delhi region and shall be complaining with all relevant details in due
course of time.”
Though the
CPIO of the Employees State Insurance Corporation provided documents, but it
could not provide the thumb impression of the candidates because they were not
procured at the time of the examination.
Dhingra
alleged though the information provided ‘as available’, it has not taken into
cognisance the serious scandal pointed out in his various RTI applications. The
very purpose of the RTI Act is to empower a citizen to question the inaction in
the form of seeking information.
It is clear
from his applications and representations that something is seriously wrong and
a kind of mini “Vyapam” scandal might have happened in the public authority.
The Commission is surprised to know that no action was initiated to probe this
Munnabhai filmy type of impersonation scandal in spite of detailed RTI requests
along with relevant copies in at least 11 cases.
He explained
the size of possible scam alleging that around 800 candidates were appointed to
various posts by conducting different examinations at different regional
offices of the public authority, and he suspects hundreds of impersonations.
He also
claimed that he had repeatedly represented this matter to various authorities,
but there was no response. It is not just the issue of ineligible candidates
being appointed, but the problem of ineligible candidates working in ESIC for
many years, which will adversely affect the performance of the duties of the
employees that might result in en masse violation of rights of workers.
He presented
various papers he obtained through different RTI applications to explain to the
Commission that eight members impersonated and wrote examination for other
candidates and helped ineligible candidates secure employment wrongfully. He
expressed confidence that he could prove this allegation and also stated that
if this is probed further, it could reveal a scandal of impersonated
selections.
His complaint
is that there was no action at all on his comprehensive complaint along with
relevant documents to various authorities including the Vigilance Officer of
the ESI Corporation.
It is
surprising that the ESI Corporation could not discover such a serious issue of
impersonation from the documents submitted by the applicant and the files
available with their own office. There
is a huge public interest in the batch of RTI applications filed by the
appellant. There is an urgent need to probe into this impersonation scandal
with required speed to prevent inefficient and ineligible candidates violating
rights of the labour.
Order of
CIC
The Central
Information Commission directed the public authority headed by Director General
to consider the RTI applications of the appellant and this appeal as formal
complaint and inform him and the Commission, the action taken on this complaint
within two months. The office of this Commission is directed to mark a copy to
the Hon’ble Minister for Labour and Employment, and Principal Secretary of the
Ministry, along with the copy of the complaint filed by the appellant for necessary
and immediate action. (Based on decision in Harinder Dhingra v. PIO, ESIC,
Faridabad CIC/BS/A/2016/001489 on 23.3.2017)