How can it be justified? whistle blower may be suspended from service without providing opportunity to be heard

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Re: Reg. Harassment and Fake Grave charges related to suspension of Dr S. Sudalai Kumar (OBC) by Director of Geology and Mining Chennai 32
1 message
Sudalai Kumar <ss.kumar1987@gmail.com> 11 August 2019 at 12:43

To: secy-ncbc@nic.in

Bcc: yogimpsingh@gmail.com

Attached the supporting documents.

On Tue, Jul 30, 2019 at 7:14 PM Sudalai Kumar <ss.kumar1987@gmail.com> wrote:
Sir/Madam,

Signed letter posted my me and delivered in NCBC New Delhi by courier on 30th July 2019.

Status Enquiry made on Jul 30,2019 at 19:08:18
Consignment Details
Way No. MAA552178794 View Ref./Folio No
Origin Chennai Destination New Delhi
Delivery Details
Relationship/Designation Self
Signature/Stamp DRS No DDEL12050359 
Date Tuesday, July 30, 2019
Time 12:39
Status Delivered                
      Forwarding Details                               International Consignment: click here for more details.
DATE Location   Activity Delivery sheet
Jul 30 2019 
12:39
DELHI Delivered – Area : BHIKAJI CAMA PLACE DDEL12050359
Jul 30 2019 
11:14
DELHI Out for Delivery – Area : BHIKAJI CAMA PLACE DDEL12050359
Jul 29 2019 
11:53
DELHI Office Time Over – Area : BHIKAJI CAMA PLACE DDEL12050329
Jul 29 2019 
11:37
DELHI Out for Delivery – Area : BHIKAJI CAMA PLACE DDEL12050329

On Sat, Jul 27, 2019 at 11:30 AM Sudalai Kumar <ss.kumar1987@gmail.com> wrote:
Dt.27/07/2019
From
S.Sudalai kumar
Chemist ,Directorate of geology and Mining,Guindy ,
Chennai-32(under suspension) (Other Backward Class-Yadav community)
R/O PLOT NO 40 DOOR NO F8
DAC DELIGHT VENKATESHWARA NAGAR
5TH STREET POLICHALUR.
ph:9994741144.Chennai-600074
To:
The Chairman
National Commission for Backward Classes, 
Sub: Suspension      from chemist by Director of Geology and Mining.(Annexure 2) and Harassment by Police
Sir/Madam,
I am S. Sudalai Kumar belong to the category of Other Backward Class and being harassed by the officials working in department of geology and mining TVK Industrial Estate Guindy, Chennai 32. The director had suspended me from post of Chemist under the contemplation of grave charges by the support of corrupted and other alleged woman and men against me since I was the in charge of CM Cell and PM public grievances in the department and exposed their illegal activities to the government and public. They suspended me without informing the details of the charges. Now they are disturbing through police station and harassing me. I request you to take this case and stop all kind of harassment by police, and goons since it is a administrative case.
 NHRC IS LIKE A CIVIL COURT and given an order in favor of me to the state government but these state government officials are not following it. It may be a contempt of court and therefore I require your intervention to act accordingly in stopping the harassment and cancel my suspension order. The details are as follows.
Copy to Chief Secretary, Principal Secretary of Industries, Secretary of Personnel and Administrative reforms, Director of Geology and Mining.
1. Director of geology and mining dept. has violated Section 17 of Tamilnadu Government conduct, discipline and appeal rules by suspending me without writing the details of the the so called grave offences.
2. He has violated IPC section 166/166A- public servant not doing his duty
3. Action report for corrupt practices under anti-corruption act
4. May I know the reason for delaying action on NHRC order? The delay is contempt of court since NHRC is a civil court. Already the rules were sent to you.
5. Give the information with copies of all corrupt cases including illegal mining cases and sand mafia cases from 2014 in the Department of mining, status as on date, the reason for closing cm cell petitions without taking any action.
6. Give the information of the reason for suspending me without telling charges and rule followed.
7. Give the information of the credentials of all the staff right from Director to supervisors. It is suspected that bogus persons have entered the department by giving false credentials. 
8.Give the information of the reason for not appointing commission to investigate the illegal mining and corruption cases headed by Thiru Sahayam I.A.S who investigated Granite scam in Madurai. The illegal mining was encouraged by Director of mining for ulterior motives and it has caused severe ecological balance, disturbance in water tables and land degradation. The Director Mining was using all staff as a conduit for receiving bribe as can be seen from the way he sent suspension order which is not legally valid. This is the reason for closing all complaints received from cm’s cell.
9.Give the information of the reason for not suspending Director immediately. Otherwise he would destroy all available evidences.
10.Please furnish KPI-KEY PERFORMANCE INDICATORS of different sections of Mining and geology to check the effectiveness of the department. As such the performance of the department is negative and governments money is looted by all under the leadership of Director. I can prove it. I have all evidences. We have seen Indian bureaucrats work without a goal, target and objectives. KPI (Key Performance Indicators) should be built into their daily management information system so that they perform their duties as required by law, policies of government for the welfare of the people. It should be monitored on a day-to-day basis. There should be transparency, openness in their working.
11.Give the reason for not forming a committee to conduct enquiry for my suspension. The committee members should be from departments other than Industry and department of mining. Director of mining should not be involved since he is the main accused.
12. Give the information of the reason for not taking action on Director, Dy.Directors, senior chemist kavitha, assistant kavitha under prevention of corruption for taking bribe from sand mining groups and other contractors.
13. Give the property statement of Director,Dy.Directors,Senior chemists and their families and relatives.
14. Give the information of the reason for not conducting Lie detector test on Director, Dy.Directors,  Chemist Kavitha and others involved in bribery.
14. Sub: Suspension      from chemist by Director of Geology and Mining.(Annexure 2)
Ref: NHRC order 1545/22/13/2019.ANNEXURE 3
I have been forced to resign the job from the post of Chemist in the department of geology and mining by few officials on 16-07-19. Since I have exposed their corruption, prostitution and other illegal activities during mishandling of cm cell petitions to the government and to the public through social media and email. Therefore, they have suspended me on 22-07-19 from the position of chemist in the government department with the fake allegation of grave charges framed by all women in the same department against me without any inquiry or charge memo. I have been disappointed with their threatening of accident, goon attack and fake allegation for informing matter to NHRC and chief secretary before suspension date. I have been recruited by TNPSC for the chemical analysis in the department of geology and mining but the non- availability of lab set up in the said department I have been designated as Section officer by the former director of this department. In this new job I have been handling CM Cell petitions regarding complaint on illegal mining activities in the state of Tamilnadu and obeyed the order of the director without any knowledge in section office works. Since I handled the CM cell petitions honestly for the government and the common public it creates the bad situation in the office environment by some of my officials in the same department. I also don’t sign the document in which I suspect of corruption like tender documents, purchase of items and machineries. I never cooperated with them in closing the petition with wrong information or report to the CM Cell in support of allegation have been put on officials. Many officials requested or threatened me directly or indirectly to close the petitions in biased way to support alleged officials and escape them from the criminal charges like corruption, prostitution and other crimes. But I never do that for them and act in transparent way. I used to examine the petitions on my own and discuss with higher officials to move them in neutral manner to get justice on the grievances.
Petitions received during my tenure as section officer
1. Corruption and Bribery charges
                   Corruption complaint on Deputy Director of Tirunelveli district has been received from the prevention of bribes movement on 03-01-19 is pending for more than six months. The same charges received on AD, Theni district, DD Suresh at Krishnagiri district from the individuals in CM cell and forwarded to concerned district for action report. When I enquire the same grievance for the action report in order to update the CM cell and no cooperation was there from the PA, Deputy directors and Joint directors. PA and his team is advising me to forward the complaint to collector concerned and the CM cell team in my office is advising me to forward it to PA and ADGM for action report. I couldn’t get any reports and wandering from one table to another. In few cases the officials are influencing CM cell in the office and able to close the petitions one by one without proper action report. They say only the file numbers in oral and closed them. The abovementioned charges only are pending and able to mention here for the discussion. I am not able to mention the closed petitions without any proper action as I forgot the details of petitions closed by them already. For example the charges on AG, Ramanathapuram and some others were closed without my concern or proper report.
2. Misbehavior and Prostitution
                   Received one complaint of misbehavior, bribe charges and prostitution on Mrs. J. Kavitha Assistant and G. Kavitha Senior Chemist from the individual for action in CM cell and forwarded to the PA for action report. They have not given me the file or any report in written statement but they closed the petition with support of union head and deputy director chemicals. I appealed this matter to the concerned officers for taking proper action on all petitions received in CM cell and finally they advised me that I am not the decision maker in these files as section officer. Having doubt on my officials in handling cm cell petitions that could create trouble to me and my career growth in government services. Finally I decided to forward the matter to the CM cell and chief secretary for proper action as section officer. Since I am being recruited as Chemist and doing irrelevant works for the department that too different nature will land me in pathetic career situation. I should not take the responsibility of this improper management of cm cell petitions and forwarded the email to the Chief secretary for his kind attention.
DD Muruganantham has interfered in the petition of R. Manikandan and threatened me in filling defamation of FIR in Commissioner of police by the women involved in the complaint against me. Finally he advised me to close the petition by putting some information in the CM cell online and not to convey this matter to anyone including DD chemicals. I informed the matter to DD chemicals.
Bills and purchases documents are given to me for signing the documents but I asked them to follow the procedure and get the signature from assistant level, section officer, AD cadres, then DD level, JD, then ADGM and Director level. They have not followed it and asked me to sign the documents by force of six officers DD chemicals, ADGM, Manager, Assistant, OA and PA. It increases my intuition on something wrong may be corruption and not cooperated with them. 
Amma call centre grievances were handled by me and requested the concerned officers for the action report. The issues are generally the disturbances to the public by the smuggling of stones in the night time, explosion in mining site, harsh driving of mine smugglers, mining activities in the residential places, threatening the whistle blowers and non cooperation of district officers with the public. As usual there was no reply to my email to them for action report. 
3.Grievances regarding illegal mining and theft of river sand
          Received several complaints from the public, association, lawyers and MLAs about the illegal mining activities in different districts of Tamilnadu and I have forwarded to the concerned districts for action report from my side. Generally action reports are not forwarded by them or delayed for more period of time or some vague statements in the reply report were didn’t get accepted by CM cell petitions. I advise them to give proper report in emails, phone calls etc. but failed to get it done from them. The theft of river sand is also reported by public and forwarded to the district offices for action report.  Small-scale industry workers related to brick stone license, lease license for mining, permit issuance are also delayed by district offices and the petitions were not closed by me for long time due to the delay in report. Many citizens have complained about the noise pollution, air pollution, vibration of houses due to heavy explosives in mining were forwarded to the concerned district for proper action but the reply is they forwarded to pollution board for actions. Sand mafias were using the public roads in very rough way and harsh driving to threaten the public in roads are forwarded by me. I many times reminded the higher officials and others for closing the petition in stipulated time with proper action report. None of them are coordinating it and acting against me involving me in fake charges.
The above all government duties caused the disturbances to the many officials in the head quarters and the district offices of the department of geology and mining and finally organized together against me to collect some fake allegation from women working there. They were all signed the letter motivated by women involved in criminal charges and men involved in corruption charges against me and supported the suspension order for me in the department. Since I have been applied for the transfer from the said department for more than one year and honest service in allotted work took me to this stage now against all women. There was no enquiry or charge memo issued to me before the suspension order issued by this department. Whatever charges were framed by the public on those officers in the department they are pending the immediate action on me to suspend from the job is a doubtful thing. Honest investigation of all women in individual manner and cm cell petitions would prove that fake allegation on innocent staff lead to suspension
The Director in collusion with other officials who are involved in corrupt practices have suspended me since they feared they would be caught if I am in the Department. All the corruption cases are attached. Since I was in charge of all corruption cases, they have suspended me.
The letter(Annexure 1) from Shri R.Manikandan clearly proves that G.Kavitha and J.Kavitha are involved in scandals and prostitution.
The Director never enquired me about the charges against before suspending me, which is against rules.
NHRC have given an order in favor of me. NHRC IS LIKE A CIVIL COURT.NHRCs order is to be obeyed by all as can be seen from Annexure 4.
Please remove my suspension order and eliminate corruption in Department of Geology and Mining after conducting thorough enquiry.
Finally I request you to cancel the above suspension order and transfer me to the department where the chemical analysis work is being carried out and give compensation to me for the mental agony suffered for no fault of mine.
S.SUDALAI KUMAR

Best Regards,
Dr. S. Sudalai Kumar M.Sc.,Ph.D.,
Chemist, Chemical Analysis Wing
Department of Geology and Mining

(Government of Tamilnadu)

TVK Industrial Estate

Best Regards,
Dr. S. Sudalai Kumar M.Sc.,Ph.D.,
Chemist, Chemical Analysis Wing
Department of Geology and Mining

(Government of Tamilnadu)

TVK Industrial Estate


Best Regards,
Dr. S. Sudalai Kumar M.Sc.,Ph.D.,
Chemist, Chemical Analysis Wing
Department of Geology and Mining

(Government of Tamilnadu)

TVK Industrial Estate

4 attachments
NHRC Case 1545 linked diary with COP.pdf
107K
kavitha.pdf
1165K
section officer.pdf
1350K
annex.pdf
2429K

3 comments on How can it be justified? whistle blower may be suspended from service without providing opportunity to be heard

  1. 1. Director of geology and mining dept. has violated Section 17 of Tamilnadu Government conduct, discipline and appeal rules by suspending me without writing the details of the the so called grave offences.

    2. He has violated IPC section 166/166A- public servant not doing his duty

    3. Action report for corrupt practices under anti-corruption act

    4. May I know the reason for delaying action on NHRC order? The delay is contempt of court since NHRC is a civil court. Already the rules were sent to you.

  2. Why concerned are not providing sought information when this information is must in wide public interest?
    11.Give the reason for not forming a committee to conduct enquiry for my suspension. The committee members should be from departments other than Industry and department of mining. Director of mining should not be involved since he is the main accused.
    12. Give the information of the reason for not taking action on Director, Dy.Directors, senior chemist kavitha, assistant kavitha under prevention of corruption for taking bribe from sand mining groups and other contractors.
    13. Give the property statement of Director,Dy.Directors,Senior chemists and their families and relatives.
    14. Give the information of the reason for not conducting Lie detector test on Director, Dy.Directors, Chemist Kavitha and others involved in bribery.

  3. Undoubtedly the matter is serious as a whistle blower is being subjected to the mental torture by the corrupt public functionaries of the Government of Tamilnadu and when the whistleblower made complaint to the accountable public functionaries and public functionaries of Central Government then these public functionaries remained a mute spectator and supported silently to the corrupt public functionaries and no reply was provided to the whistleblower which is reflecting rampant corruption lawlessness and Anarchy in the government machinery.

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