Corruption in Orissa: Insightful input from Mr. Arun Kumar Upadhyay

If patriotism could be found in form of a man, that man may be anybody in India; but certainly is the one known as Arun Kumar Upadhyay. A brilliant officer of Indian Police Service, he has been enriching Indian culture with his scriptural interpretations and input on socio-philosophical evolution of Indian society; and is a perfect example of how best a conscious citizen could stay active after retiring from government service, specifically in matters of public interest.

He has responded to a posting in these pages on October 3 with input emanating from personal experiences as a top level Police Officer. From the comment section we prefer to bring the same to our main page in view of its insightful relevance to misrule that has afflicted Orissa in the present regime.

He has named certain senior most police officers for the first time in a deeply disturbing scenario of maladministration. Lest that escape attention in the minor area of comments, we confront the concerned officers with the same here with status of a focused independent post.

The officers/persons named by Mr. Upadhyay should respond to it with their explanations, if any.

It is a fit case also for the CBI to take cognizance of, as without finding out the whole gamut of what has created the climate of corruption that it is investigating into, it cannot reach a credible conclusion.

Here is what Mr. Upadhyay has said:

Most clever and complicated methods were designed to loot money without any record or responsibility. Many officers suspected of honesty were kept for long without work. But a parallel fake record was created to give them charge of accounts. Many other officers were given multiple charges, sometimes up to 15 posts-just for making money. For example, I was kept without work at State Police Academy from 2004 to 2011 under orders of Chief Minister taken on a note-sheet which was to be thrown away to avoid any future enquiry. But Office Order No.426/SPA dt.26.8.2003, O/O No.250 dt.22.6.04 of State Police Academy showed that I was in charge of all accounts. To use this scheme, Joint Secretary of Union Home Ministry Sri D S Mishra was brought to my room by sri B N Jha,DIG (Modernization) on 23-7-2005 to take my approval on purchase of 1100 automatic rifles costing Rs 18 crore for which CM had put proposal on 30-6-2004 in State Assembly. The note from Home Secretary Sri Santosh Kumar and speech of CM – both were just removed from Assembly records after details were published in Sambad dated 4 July 2004. I protested that I cannot be consulted without showing me a single official paper or purchase scheme since 2 years. A Proceeding was started by Santosh Kumar on proposal of Prakash Mishra on refusal to sign blind paper. The proceeding records also included a secret order of B B Mishra and Santosh Kumar in file to prevent me from any official work. So called 1100 automatic rifles came on 8-2-2008 at OMP store in Cuttack and all were sent to PTS Nayagarh having only 300 trainee constables – not of armed police. That file also should have come to me – but S Radhika and DGP Gopal Nanda – possibly my fake signature was taken or I was shown consulted. Only 10 rifles were sufficient for them. Within a week Sabyasachi Panda was called to loot on 14-2-2008 and next morning Gopal Nanda visited with Sampad Moahapatra, known for his link with Sabyasachi Panda. After 3 days, 100 old rifles were shown recovered. It was obvious that Sabyasachi Panda was used to loot fake purchase of 18 crores. So he had to kidnap DM Malkangiri and MLA Umerkot to get 50% Share. It is still secret, from which govt fund ransom money had been paid. If I sign purchase proposal, I would be arrested for fake purchase by Santosh Kumar, B B Mishra, Gopal Nanda etc under full knowledge of assembly and govt. If I refuse, result will be proceeding and remaining without duty for very long and without any pension on retirement. Even the next purchases as compensation in 15 and 18 crores never reached any battalion as per Spl AG Audit of March, 2011-Para 1.6.2 Scheme for modernization of Police Force – Though addressing LWE activities effectively was one of the key objectives of the State police in recent times, key performance indicators for measuring the operational efficiency of the police force was neither prescribed nor even attempted in the AAPs. Absence of key performance indicators as well as Perspective Plan made all purchases ad hoc and intuitive rather than scientific. Sophisticated weapons worth 14.80 crore were retained at the central arms store at Cuttack without issuing it to the field units, despite large scale shortages of such weapons up to 61 per cent in eight test checked districts, on the ground that trained manpower was not available. Ref-
http://www.scribd.com/doc/120443912/CAG-Audit-of-Land-Acquisition-for-Projects-in-Odisha-2011

 

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Scribes stress on action against rowdy medicos and IIC of Mangalabag P.S.

Cuttack based scribes belonging to both the print and electronic media, in a signed memorandum to Orissa’s Director General of Police today stressed on action against medicos who kidnapped two reporters of Naxatra News from the medicine indoor of SCB Medical College on June 15 and tortured them in wrongful confinement for more than two hours. They also demanded stern action against the inspector-in-charge of Police of Mangalabag PS for discernible siding with the rowdy medicos.

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Members of the presidium of Media Unity for Freedom of Press (MUFP) Prasanta Patnaik and Subhas Chandra Pattanayak and coordinator of Save the Samaja Forum Pabitra Maharatha accompanied the aggrieved scribes in a major rally to Police headquarters. In absence of the DGP, the memorandum was received by Additional DGP Mr. Sanjib Marik.

tortured journalist briefs the ADGP

The tortured scribes, Chittaranjan Samantray and Debasis Mohanty gave a detail description of how they were shanghaied into wrongful confinement in a hostel of the medical college by a gang of around a hundred medical students and interns and physically tortured. They were forced to kneel down for hours and then forced to proceed to the same medicine indoor for begging apology before the indoor patients before whom on June 14 they had raised objections to what the house surgeons had said about the father of Samantray.

Samantray’s father was admitted into the medicine ward for treatment. The house surgeons pronounced that the senior Samantray had developed damage in both his kidneys and insisted that he should be shifted to a private hospital. Samantray was shocked, because no pathological investigation had indicated about any damage to the kidneys and he protested. This irked the house surgeons and they started rebuking him in filthy language. An embarrassed and shocked Samantray tried to capture the highly atrocious conduct of the medicos; but obstructed, he went to the unit head and professor of medicine, Dr. Siddharth Das and placed before him his grievances. Dr. Das rushed to the spot and investigated into the matter and as all co-patients of the indoor ward corroborated the allegations raised by Samantray, asked the errant medicos not to work in the same ward. This further irritated the medicos.

When next day, June 15, he had come to attend his father, his co-reporter Debasis had also come with him to meet the professor in his indoor chamber in matter of his ailing mother. Seeing them in the indoor corridor, the miscreant medicos jumped on them and whisked them away into the hostel, where they were kept in wrongful confinement and tortured.

The gory part of the incident is that the IIC of Mangalabag Mr. Shariffudin having come to the spot on SOS message from the affected scribe remained a silent spectator of the torture and willfully neglected to register the FIR filed by them and was later seen entertaining the miscreant medicos in his chamber and registering a parallel FIR filed by them in order to create a confusion in course of criminal justice dispensation.

memorandum

About 50 scribes, while collectively presenting their Memorandum, informed the ADGP that the same IIC is terrorizing them and urged upon him to investigate into his conduct and discipline him. Besides the two victims of medico-police atrocity, the memorialists included, amongst others, Pradip Sahu,Navdeep Das,Cittaranjan Mishra, Satchidanand Behera, Gopal Mohapatra, Matrudatta Mohanty,Prasanta Mohanty, Jyotiprakash Rao, Bikash Sharma, Abhi Mohanty, Amardev Nayak, Rajkishore Panda, Pratap Chandra Sahoo, Devi Prasanna Khuntia, Rajkishore Mohanty, Ch. Jagannath Patra, Satyajit Mishra, Saroj Kumar Mallik,Ajaya Kumar Das, Pabitra Maharatha, Prasanta Patnaik and Subhas Chandra Pattanayak.

The ADGP has assured to take suitable action in the matter and expeditiously.

Dismissal of Former IIC of Pipili PS is a Classic Instance of How Naveen is Hoodwinking the People

Subhas Chandra Pattanayak

The Director General of Orissa Police has dismissed the former Inspector-In-Charge of Pipili Police Station, Amulya Champatiray, for serious dereliction in duty that has endangered the life of a Dalit girl and ruined her family. The order is being used to hoodwink the people.

The guilt of Champatiray is discernible to naked eyes. So, people are happy over his dismissal. But the dismissal is discernibly farcical, because it is not legal and cannot survive the test of law.

Champatiray had protected the alleged rapists of Pipili by not registering FIR on receipt of the allegation of gang rape and of attempt to murder that has sent the victim into coma.

So, he deserves the severest of punishment and deserves no sympathy.

But, with the Chief Minister Naveen Patnaik as the Police (Home) Minister, his dismissal is crafted so cunningly that despite his offenses, he shall get back his service by challenging the order of dismissal in appropriate Court of law; because no Court will allow rape of the Constitution by any Governmental authority. Then, the present mass demand for action against him shall stand defeated.

Let us see how.

The DGP has dismissed Champatiray under Article 311 (2) (b) of the Constitution of India. But in doing so, the DGP has gone against this provision.

Willfully?

If yes, then certainly under instruction of the Chief Minister, for it is he, who was eager to hoodwink the people in Panchayat polls, in this matter.

Let us take a cursory look at the scenario before looking at this constitutional provision.

The media exposed the Pipili felony and then only the shocked family members of the victim could resurrect their shattered courage to disclose the names of the rapists, pointing out how the police has protected them because of their area MLA Pradip Maharathi.

Maharathi tried to intimidate the media, threatening media persons for having relied upon the victim’s family members to link his name to the crime.

This threat instantly ignited an unprecedented public rallying with the media, spearheaded by Media Unity for Freedom of Press (MUFP).

Maharathi had to resign from ministership and to beg apology to media, as people of Orissa, through non-BJD political parties, civil societies, NGOs, trade unions et al had woke up to form, for the first time in the history of Orissa, a platform of solidarity, which they named ‘Orissa Gana Samaj’ against the unprecedented misrule.

This mass awakening fidgeted the CM, specifically as he was to face the people in Panchayat electioneering, like never before.

He was eager to show that the fellows involved with the felony were punished.

Champatiray was transferred from the Pipili Police Station and as that was not enough to assuage public wrath, was put under suspension.

Maharathi was asked to resign and his resignation was accepted, keeping the public in dark about the reason of his resignation while allowing him to boast of having taken moral responsibility for the wrong done to the dalit girl in his constituency.

The layer of protection thus shattered, the gang-rapists, whom the police had known from the beginning, were arrested one after another.

Added to the judicial inquiry invented earlier to hoodwink the people, Maharathi’s resignation, arrest of the rapists and Champatiray’s suspension should have pain-killing effect on mass psyche, the Chief Minister must have thought. But pain in mass mind was becoming more acute.

It was urgent for the CM to dazzle the Panchayat voters with a blaze of severe action against officials but for whose protection the criminals could never have escaped the law for so long a time.

Therefore, the government has transferred Puri district Superintendent of Police Amitendranath Sinha and dismissed the then Pipili IIC, Champatiray from service.

No better cover could have been invented to hide the misrule as exposed in Pipili gang rape case. The CM is now equipped with new arsenals to save himself from public wrath in Pipili context. His mouthpieces have already started saying that Naveen’s administration is so clean that provisions of instant dismissal under Article 311 (2) (b) have, for the first time, been used against an IIC of Police for dereliction in duty. A pro-Naveen TV channel was used last evening for this purpose where majority of time was devoted to bit the BJD drums that by dismissing Champatiray the message has been given to salaried employees that whosoever of them neglects implementation of laws would not be spared in the government that Naveen runs.

But the Government knows, so also Champatiray, that the dismissal order is too week an order to survive a legal challenge and by challenging it in an appropriate Court, without prejudice to any other action that future may think prudent, Champatiray will certainly be reinstated in service, as the said article used in his dismissal is misused.

Let us see what is provided for under this Article.

Article 311

(1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him
and given a reasonable opportunity of being heard in respect of those charges.

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply—

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry.

So, the stress of this provision is irrevocably concentrated on the opportunity of self-defense to be given to the officer in course of inquiry on the anvil of dismissal.

Avoidance of inquiry is not permissible except where “it is not reasonably practicable to hold such inquiry”.

Champatiray has not absconded and was never beyond the reach of the police for inquiry. It was never therefore “not reasonably practicable to hold the inquiry” against him. The DGP has not recorded in writing the reason of why it was “not reasonable practicable” to hold the inquiry.

It is noteworthy that simultaneously with dismissal of Champatiray, the Puri SP has been transferred on the same ground of dereliction of duty in Piplili gang rape context. So it is confirmed by the Government that Champatiray was not alone in protecting the criminals. Had there been the inquiry as contemplated in the Constitutional provision cited supra, the SP’s role in keeping the culprits out of police reach could have come to light. Then the IPS officer must have been forced to face the charges of protecting the criminals and for whatever damage has been done to the gang rape victim. And, it would have embarrassed the IPS circle. Probably this is why the inquiry needed under Article 311 (2) (b) of the constitution has been ignored.

This willful conduct of the DGP of Orissa in keeping an IPS officer of national cadre safe from prosecution while dismissing a lower officer of State cadre is a game that the government should have foiled. But,no such step is taken.

It is clear, therefore, that the constitution is raped in dismissing Champatiray and knowingly so.

No court shall approve this rape of Indian Constitution by the DGP of Orissa.

And, by publicly endorsing the action of the DGP in this matter, the executive government including the Home Secretary and the Chief Secretary as well as the political government headed by Naveen Patnaik, and Naveen Patnaik himself, have individually and collectively committed the rape on the Constitution of India having full knowledge of the mischief they have resorted to.

In doing this, they have ensured that Champatiray’s stage-managed dismissal would be nullified by the appropriate court in course of time; and therefore, it is not out of context to suspect that the oder of this illegal dismissal might have been passed in connivance with Champatiray himself.

It certainly is a well planned order – because it certainly is not believable that the DGP as well as the functionaries named above have not understood the language of Article 311 (2) (b) of the Constitution – to provide Champatiray with the environment of service-safety that certainly would come to him as and when he challenges the order and therefore, is not meant for punishing the offender; but is contrived to hoodwink the people at the moment when Panchayat elections are a challenge to the Chief Minister.