The Times of India: New Delhi: Saturday, June 02, 2012.
Documents revealed under RTI show that minister of personnel and training V Narayanasamy argued that the Union government could not intervene when a central service officer complained of and sought inquiry into corruption in the state where he was posted, or claimed victimization.
Writing to the PMO in the case of the "whistleblower" Haryana forest officer Sanjiv Chaturvedi who had sought a central probe into a forestry scam in the state, Narayanasamy contradicted the recommendations of the Central Bureau of Investigation, Central Vigilance Commission, earlier orders of the home ministry and the department of personnel and training (under his charge) and the environment ministry.
Narayanasamy's contention disapproving an inquiry by the environment ministry into alleged forest scams in Haryana, as well as Chaturvedi's complaints of harassment by the state government for blowing the lid on these illegalities, are part of the confidential note sent to the PMO by the DoPT.
The note, which has come handy for Haryana authorities, reached the state government without the environment ministry, which asked for a CBI probe into the forest scam, getting to know about it.
Haryana has since used the 'confidential report' in its defence, presenting it to defend the state government's position against a CBI inquiry, and to deny relief to Chaturvedi. The CVC had said the official was under possible threat and needed to be protected.
Narayanasamy wrote in his recommendation, "The charges leveled by Shri Sanjiv Chaturvedi primarily fall within the jurisdiction of the state government and hence, the central government is not competent to order an inquiry into a representation received from the member of service working in connection with the affairs of the state... therefore, institution of an inquiry in the matter by the ministry of environment and forests was ultra-vires of their powers and hence devoid of any force of law."
He then ordered, "Para 2 and 3 (referring to his views) may be suitably incorporated in the reply proposed to be sent to the PMO." The note sent to the PMO advised that the Centre was not competent to intervene in particular cases of central service officers posted in states but could only draw policy decisions.
RTI documents show that unlike what Narayanasamy advised, the home ministry and the DoPT has in the past acted upon other cases of 'presidential memorials'. The home ministry had accepted two out of 11 received by it over six years from IPS officers. Chaturvedi had also used the same route, writing a 'presidential memorial' to the central government on the corruption cases and his harassment.
The CBI and CVC recommended investigation into the cases Chaturvedi had raised. The environment ministry agreed to the advice and also quashed the charge-sheets the state government had made against Chaturvedi, expunging the adverse comments from his confidential report.
While the environment ministry, CBI and CVC continue to stick to their stand and want investigation into the matter by the central agency, the state continues to deny the need for one and the PMO has now asked the environment ministry to tell what future action it plans to take on the matter.
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