Bangalore Mirror: Bangalore: Thursday,
May 26, 2016.
Is it a
mockery of justice when the accused becomes the investigator and jury in his
own case? Certainly!
One
complainant, who for two years had railed against BBMP officials in
Rajajinagar, was in for a shock after he traced his complaint -- to the chief
minister demanding a probe into irregularities - right back to the man he had
accused. Needless to say, the accused promptly had the case closed.
The case
pertains to the Rajajinagar division, where a resident, social activist S
Bhaskaran, filed a detailed complaint citing various building bye-law
violations, irregularities and official inaction to check illegal construction
in the area.
Issues cited
in Bhaskaran's complaint to the CM, dated June 3, 2014, included illegal,
unauthorised construction in the division and vehicle parking areas illegally
used for commercial purposes. He had alleged that BBMP officials including
executive engineer Prabhakar and four assistant executive engineers (Renuka
Swadhi, Nagesh Reddy, Farzana, and S Ganesh) failed to act against illegal
construction.
Citing case
studies that alluded to defaulters being let off scot-free and allowed to
occupy illegal constructions without action, despite the violations being
brought to officials' notice, Bhaskaran also mentioned violations in a
commercial complex (with the property number) and submitted documents too.
Bhaskaran
asked the chief minister to initiate a Lokayukta probe or other high-level
judicial officer-monitored inquiry.
The
complaint trail
In June 2014,
Bhaskaran sought information under RTI on the action taken based on his
complaint. He wanted to know if a probe had been ordered and if so, its outcome.
After receiving no information whatsoever, he filed his first appeal in July
2014. That same month, the CM's office wrote to the BBMP commissioner asking
for information on action taken pertaining to the complaint.
With still no
information forthcoming, he moved the state information commission and the
first hearing was held in June 2015. Meanwhile, the government made the Public
Information Officer (PIO), the CM's office, chief engineer BBMP (west) and
executive engineer, Rajajinagar, respondents in the case before the commission.
The
commission, in its November 2015 order, directed the respondents to provide an
'action taken' report and posted the matter to March 2016, for review.
Officials
wake up
Then
officials finally woke up. The chief engineer in February, 2016, directed the
case to the additional commissioner asking his office to directly inform the
commission on the action taken. As nothing was forthcoming, in its March 2016
order, the state information commission directed the additional chief
secretary, urban development department, to initiate proper action and submit a
report, along with documents on the action taken. The case was again posted to
May 2016. Finally the matter was referred to the executive engineer and from
there to the assistant executive engineer (AEE).
The shock
Then came the
shock. The investigator, who was asked to file a report, was none other than
the same AEE against whom Bhaskaran had sought a probe after leveling charges
two years ago. As expected, in a candid reply, AEE Nagesh Reddy conveniently
gave himself a clean chit with numerous excuses.
"As the
work arrangement is 20-years-old, as per requirements then, an increased work
pressure and additional responsibilities including waste management given to engineers
besides the RTI responsibility, and the office provided with only one first
division assistant (clerk), it has been difficult to effectively deliver.
However, action is being initiated as and how we come across the issue, if not
immediately. The complaint is baseless," Nagesh Reddy stated in the
closure report.
A shaken
Bhaskaran said, "This is mockery of our system. When a complaint is given
and a probe is sought against a set of officials, how can they themselves
become investigators and jury of their case and give themselves a clean chit?
As the matter is serious and the CM's office didn't order a probe as sought, I
will now take up the case with the Lokayukta."
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