Monday, July 16, 2018

RTI REVEALS BIHAR GOVT MANIPULATED REPORT : Deepak Kumar Jha

Daily Pioneer: New Delhi/Patna: Monday, July 16, 2018.
In a startling revelation accessed through RTI, it has been found that the Bihar Government had ‘manipulated’ an affidavit report pertaining to life threats to a Bihar cadre IAS officer seeking cadre change.
While the State submitted in the court and subsequently Central Administrative Tribunal (CAT) that there is no life threat to the ‘whistle blower’ officer who exposed the nexus between trucks mafia and officers, a joint investigation report by a Senior Superintendent of Police (SSP) level officer says that Dr Jitendra Gupta, Bihar Cadre IAS 2013, face threat to life due to the expose.
Sources in Bihar said in the matter of inter cadre transfer of Gupta the information contained through RTI Act has exposed Bihar Government. The officer concerned, Dr Jitendra Gupta, had filed writ petition in Supreme Court which directed the Central Government to look into his grievances. The Department of Personnel and Training (DoPT) considered Gupta’s representation for cadre transfer and sought comments from Bihar Government.
A report now revealed through RTI, a copy of which is with The Pioneer, mentioned that SSP and Deputy SP (DSP) jointly investigated and submitted their report vide letter no. 7004 dated June 19, 2017 which states that Dr Jitendra Gupta (IAS) was “implicated in a false case of bribery by mafia and there is a threat to Gupta’s life from mafia and anti social elements”. However, the State did the blunder to dump this report and rather submitted a superficial report to DoPT and in judicial documents stating that there is no probable threat to his life.
But during the tenure of the then Chief Secretary Anjani Kumar Singh, the State administration opposed the case of Gupta and said that there is no probable threat to his life and the officer can continue to serve in Bihar ‘fearlessly’.
Singh was issued a contempt notice by CAT for not complying with the orders to issue a No Objection Certificate (NOC) to Gupta within a stipulated time but he superannuated thus sharing the case to ne incumbent Deepak Kumar. Kumar in the capacity of CS has to appear in person in court if Bihar Government still declines the consent during the next hearing at CAT on July 26, 2018.
“Because of this superficial report that did not support the case of Gupta, the Centre denied his cadre transfer. Gupta then approached principal bench of CAT which directed both Centre and Bihar to transfer Gupta to Haryana or send him on a Central deputation. The Bihar Government in order has filed a writ petition in Delhi High Court challenging the CAT order but Delhi HC refused to grant stay against CAT order and the next hearing is scheduled on Monday (July 16),” sources explained.
Gupta was implicated in false cases by the Vigilance Department of Bihar in July 2016, when as the sub-divisional officer (SDO) at Mohania in Kaimur district, he  exposed an organised racket comprising of both bureaucracy and political involved in entry of overloaded trucks and goods carriers without proper permits and papers into Bihar.
The medico IAS was arrested by a team of the vigilance investigation bureau on bribery charges on July 13, 2016 but in October 2016, the Patna High Court struck off the criminal case against Gupta, after it found to be fabricated and held that the process of law can’t be abused. The order of the High Court was upheld by the Supreme Court which directed the Central Government to look into his grievances of young IAS and take appropriate action.
After a legal tussle, Gupta obtained a relief from CAT, which directed the DoPT to either allot a different cadre to Gupta or assign him a Central deputation. The IAS officers’ association of Bihar and Central IAS Association have strongly protested the unlawful action of State Administration against Gupta.