How the corruption made the transparency act without teeth and nail in this largest democracy?

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Reg. Second appeal from Dr. Sudalai Kumar for the refusal of information under RTI act 2005
1 message
Sudalai Kumar <ss.kumar1987@gmail.com> 8 October 2019 at 16:28

To: cs@tn.gov.in
Bcc: yogimpsingh@gmail.com

Sir/ Madam,

The Right to Information Act, 2005

Appeal before

State Information Commission
Appeal No. ———————– Dated ————————
[For office use only]
As I am aggrieved by decision/no decision of Central/State Public Information Officer and/or First Appellate Authority, I hereby file this appeal for your kind decision.

1.  Details of appellant:

1.1 Full Name: ———S. Sudalai Kumar————————————-
1.2. Full Address: ———-Plot No 40 Door No F8 —DAC Delight——-
—-Venkateshwara Nagar 5th Street——-Polichalur————————–
———Chennai ———600 074——————————————
1.3 Phone/Cell No.: ———9994741144——————————
1.4 Email ID: ——-ss.kumar1987@gmail.com——————————-

2.  Details of Central/State Public Information Officer (CPIO/SPIO):

2.1 Name/Designation: ————Mr.R.Vijayakumar/SPIO/PA to DGM 
2.2 Full Address: —————Department of Geology and Mining——-
————-TVK Industrial Estate———Guindy——————
————-Chennai————–600 032—————————————-
2.3 Name of Public Authority:  ———-Mr. R.VijayaKumar—————-

3.  Details of First Appellate Authority [FAA]:

3.1 Name/Designation of the FAA: ——-Appellate Authority———
3.2 Full Address of FAA: ———–Department of Geology and Minig
————-TVK Industrial Estate———Guindy—————————-
————-Chennai————–600 032———————————


4.  Dates of RTI application/first appeal:

4.1 To CPIO/SPIO: —-From 22-07-19 to 09-09-19——– &  mailed on: ——23-07-19 to 09-09-19—-
4.2 To  FAA: 06-09-19 and 19-09-19 & mailed on:06-09-19 and 19-09-19

5.  Particulars of Decisions:

5.1 Reference No & Date of CPIO/SPIO’s Decision: —4842/PM1/2019 dated 29-08-19———————
5.2 Reference No & Date of FAA’s Decision: —–No reply—–
5.3 Date/s of personal hearing by FAA: ——-No intimations by FAA—

6.  Dates of receipt of replies by appellant from:

6.1 CPIO/SPIO: ————-05-09-19———————————
6.2 FAA: ———-No reply———————————————

7.  Details of information sought:  ——

The information (25 nos.) requested is listed in Annexure I with detailed explanation.

Explanation:

Since I am being suspended by the director of geology and mining for the fake grave charges in petition given by all women in the same department, I have requested certain information under RTI act 2005. I have been appointed as corruption in-charge for various petitions and not cooperated with the mining scam and corruption of looting government money. Due to my sincerity in government service and objection on various scandals like bribe, prostitution and illegal mining activities in the department, they forced me to resign first and then suspended me from Chemist post without any valid reasons and evidences. To prove my innocence and corruption in the department for the larger public interest I have asked certain information under RTI act 2005. They are not giving any information asked in 7 to 10 RTI applications posted in the month of August and September 2019. Information were refused even by PIO and FAA of Chief Secretary office, Industries department and geology and mining department. ATTACHED 15 Pages Annexure I

 

8. Brief facts of the case: National Human Rights Commission-NHRC has given direction to Chief Secretary for the action to revoke my suspension and the case no. 1545/22/13/2019 which is not followed by Chief Secretary Office, Industries department and geology and mining department. Instead they start harassment with Guindy police Inspector and disturbed me further. In the mean time they all joined together and refused to give information asked in RTI applications. ATTACHED 15 Pages Annexure I .

9.  Reasons/grounds for this appeal:

RTI information were refused by PIO, FAA of CS, Industries dept, P and AR dept and Geology and mining dept for the purpose of looting government money and continuing the corruption in mining scam. They are all misquoting the RTI act section for the refusal of information overrides the law with ulterior motives of looting government money. They all do these corruptions in large network of government servants and fooling us by refusing information asked in RTI application.
10. Any other information in support of appeal:
PIO of department of Geology and mining has not given any reply to RTI queries within one month time and FAA replied with the refusal of information by quoting section 2f. FAA of industries department did the same thing. It means they all are mocking the RTI act and supporting the corruption in larger network.


10.  Prayer/relief sought for:

Since the information requested in RTI are in the larger public interest, it over rides section 2f ,2 g ,etc. of the RTI act. All information are needed for the transparency in government administration and required to support my stand against corruption and revoke suspension order given by the director o geology and mining department. The PIO and FAA should be fined Rs. 25,0000 PER RTI QUERY for the refusal of information in all RTI applications and it should be deducted from their salaries. and they should pay me the adequate compensation for the suspension order under fake charges. They should revoke my suspension order and reinstate me in government service with proper promotion and transfer as per the procedure for my highest qualification -in view of the fake charges framed against and refusing to give explanation fearing that they would be caught red handed.

11.  Grounds for prayer/relief sought for:

Due to the delay in reply to my RTI queries and refusal of information landed me in the long suspension of three months period without committing any mistakes. This is also mainly in the interest of the nation since lakhs of crores of government funds were looted. These three months were difficult for me to survive without proper salary to manage my loan EMIs, personal life and family. This is now the life and death issue for me now to survive without job and salary.  I request the State information commission to take up the case immediately and give information so that all my false allegations against me will be cleared. I require adequate compensation for the disappointment caused by this office and the public for misunderstanding me with fake charges.

13. Personal Presence at hearing: YES / NO: ————-YES—-

14. Declaration:
I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.
Place: ———Chennai———————————
Date: ——–09-10-19———————————–
image.png
Signature of appellant
Note: Strikeout whichever not applicable
Select either CPIO (Central Public Information Officer) or SPIO (State Public Information Officer) in your application


INDEX OF APPEAL
of Mr ——-SUDALAI KUMAR S—- dated—–09-10-1– with CIC/SIC
1.  Particulars Page Sr. No. from/ to Annexure I 1-15
2.  Original second appeal
3.  Chronology chart of RTI application
4.  Copy of RTI application dated——— 22-07-19 to 09-09-19 10 RTI applications —–with its enclosures.
5.  Copy of proof of mailing RTI application——-Courier receipts—-
6.  DD/IPO/PS/Cash receipt for filing fees and other charges. Rs. 10 Court fess stamp
7.  Copy of first appeal dated—————- 06-09-19 and 19-09-19——with its enclosures
8.  Copy of proof of mailing first appeal—Courier receipt—
9.  Postal A.D. card/Acknowledgement letter, received from CPIO/SPIO & FAA—NIL—
10.  Copy of decision of CPIO/SPIO dated —–Attached 29-08-19-
11.  Copy of decision of FAA dated —-No reply——————–
12.  Proof of mailing complaint/second appeal to CPIO/SPIO and FAA—Postal receipt—
13.  Other documents in support of second appeal—Annexure I 1-15
Place: Chennai
Date:08-10-1
image.png
Signature of appellant/complainant


CHRONOLOGICAL CHART OF RTI APPLICATION

of Mr.——-S. Sudalai Kumar——— dated ——-22-07-19—
1. Action Date: ——-23-07-19—————————————-
2. Application mailed to ACPIO/CPIO or ASPIO/SPIO on: —–23-07-19 to 09-09-19—————
3. Application received by ACPIO/CPIO or ASPIO/SPIO on: -24-07-19 to 13-09-19———-
4. Date of receipt of letter for paying charges: ——–No reply—-
5. Date of remitting charges to CPIO/SPIO: ——–NIL—-
6.  Date of decision of  CPIO/SPIO: —————-29-08-19—–
7. Date of receipt of decision of CPIO/SPIO by appellant/complainant: ———-05-09-19——————
8. First appeal mailed to FAA on: ————-06-09-19 and 19-09-19—-
9. Date of receipt of appeal by FAA: ————-09-09-19 and 20-09-19-
10. Date/s of personal hearing by FAA: ——-No reply——-
11.  Date of decision of FAA: ——————No reply————
12. Date of receipt of decision of FAA by appellant/complainant:No reply
13. Date of Second Appeal/complaint:  ————-09-10-19———
14. Date of mailing copy of second appeal/ complaint to CPIO/SPIO & FAA: ——09-10-19———————
15. Date of mailing Second Appeal to CIC/SPIO: —-09-10-19—–
Place: Chennai
Date: 08-10-19
image.png
Signature of appellant/complainant
ANNEXURE I
Details of information sought under RTI act 2005 from 22-07-19 to
09-09-19 in 10 RTI letters (Seven posted by courier and others submitted in CS, Industries, Geology and Mining and P and AR dept) WITH EXPLANATION ARE GIVEN BELOW:
1. Give the information for suspending me without writing the details of the so called grave offences.
2. Give the information of the Action report for corrupt practices under anti-corruption act
4. May I know the information of 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.
15. Give the information of the action on NHRC order 1545/22/13/2019. Revoke Suspension      of chemist by Director of Geology and Mining and reinstatement in service.
16. Give the information of the action on the harassment done to me by the Gundy J3 police inspector. 29-07-19
17. Give the information of the action on the charge sheet filled on the Director of geology and mining for the following reasons, 30-07-19
a. Director has violated Section 17 of Tamilnadu Government conduct, discipline and appeal rules by suspending Sudalai Kumar Chemist without writing the details of the so called grave offences. No charge memo or enquire held for it.
b. He has violated IPC section 166/166A- public servant not doing his duty on NHRC order.
c. Supporting for corrupt practices under anti-corruption act by not taking effective actions on corruption complaints.
d. Giving false information to SRC without doing any chemical analysis in the lab.
e. Reporting false information about the status of CM cell petitions to the minister meeting as NIL pending.
f. Encouraging the officials in bribery and corruption by not warning them in the office.
18. Action on the following matter submitted. 09-08-19
In a nutshell all the charges are frivolous, and baseless, nonsensical and are made with malafide intention of removing me from service to achieve their objective of looting government money by illegal ways. Since I was standing in their way. This will be proved in court.
I have gone through the charges framed by the officials of the department of Geology and mining carefully and given my statements as replies for each charge one by one in the attachments of Annexure 1 (six charges), 2 (five charges) and questionnaire form for the reinstatement of my position in the said department. I would request you to consider those points also for the investigation and submit them before the committee. I have attached other documents which I have requested the department through RTI act 15 queries and also transferred by Chief Secretary and Principal Secretary , Office of Industries department for the replies.
NHRC have given an order 1545/22/13/2019 in favor of me. NHRC IS LIKE A CIVIL COURT.NHRC’s order has to be obeyed by all. Please revoke 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.
Finally I would like to say “Dharma only will win” Since you are writing like Gandhi’s and Buddha’s ,why you should be afraid to form a committee under Mr.Sahayam IAS to investigate the mining scam. Be aware that Dharma won in the case of Sasikala Natarajan. I assure you this will happen soon. At least then you try to change. This is told in your interest only. Wait and see. God is great.
19.Give the information of the action on following matter submitted 09-09-10.
NHRC has given direction to Chief secretary of Tamilnadu for the action on case no1545/22/13/2019 on 22nd July 2019 within 8 weeks of time. 8 weeks are going to be over and the state government has been delaying the process and supporting the mining scam for ulterior motives. 
Police harassment was done by DGM after bribing Inspector of Police , Guindy . D.C, Adayar himself has accepted this in his RTI reply and the matter was informed to NHRC. 
All information asked is readily available in DGM office database and they have to give all the information as asked for in the interest of larger public. What is the secrecy there?
All the charges against me are false and frivolous without any proof. DGM is refusing to give evidences to support his allegations against me. The action of DGM is unbecoming of an IAS officer. Why he is afraid to conduct enquiry even after 47 days of suspension? It is suspected that lakhs of crores of rupees are involved in the looting of mining scam by Geology and mining staffs including DGM. 
This might have exceeded the granite scam in Madurai. It is not a personal grievance. DGM can ask their legal advisors if he does not know the law. We are only asking for facts and want their credentials. If they refuse they are all punishable under IPC 166 and 166A –Public servants disobeying law and act to cause injury to public and under Prevention of corruption act.
Finally I request you to advise the Chief Secretary of Tamilnadu to take action on NHRC order and revoke my suspension after paying adequate compensation. The DGM should also be instructed to provide the information in public interest and stop looting of government funds.
20. Give the information of the action on Details of case given
I have been forced to resign the job from the post of Chemist in the department of geology and mining by few officials on 10-07-19. 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. Give information on the 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. Give information of Misbehavior and Prostitution in DGM
                   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.GIVE THE INFORMATION OF THE 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 a 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.
21. GIVE THE INFORMATION OF The Action on the replies submitted to the director for enquiry.
Statement of charges framed against S. Sudalai Kumar, Chemist and the replies are given here for reinstatement of Chemist in government service.
1.     Thiru. S. Sudalai Kumar, Chemist has been instructed to assist the Deputy Director (chemicals) in the day-to-day administration of this office. He has been given the subject of CM cell petition files as per the office order No. 28/2018, dated 14.12.2018. He has to process all the files confidentially and submit them to the Deputy Director (chemicals)/ Director of Geology and Mining for taking further action. He has failed to take appropriate on the petitions received from CM cell. He has also failed to maintain the registers related to these petitions properly. Thereby he has violated the instructions of the higher officials/ office procedure prescribed in the proceeding of DGM (Mail.2).
>>>>>>Reply.1
Yes. I have been instructed to assist the Deputy Director (Chemicals) in day-to-day administration of the DGM office. I have been given not only the subject of  CM Cell petition files but also Amma call center files, purchase files, tender files and store items files. I used to clarify the parliamentary and legislative matters also with the DGM office. I have also been posted as section officer for all the above matters and maintain PM office, central and state minister and Governor Office petition files as per the order 28/2018 dated 14-12-18 and 17/2018 dated 27-04-18. I denied the statement of allegation that I failed to take action on the CM cell petitions and I forward the entire petitions to the concerned officers for necessary actions on time by email from cgmchennai32@gmail.com to them with CC to my email id ch09ph38@uohyd.ernet.in , letters and phone calls. I denied the statement of second allegation of failing to maintain the registers to these petitions. The register of CM cell petitions were not maintained properly by the previous persons worked in this section and I returned to them with the instructions of filling details of petitions up to December 2018 on 4th Jan 2019. I informed this matter to DD chemicals and she said that allotted Assistant will maintain it. I maintained my own dairy for petitions received during my tenure. Apart from that I used to visit ELCOT and TANSI as per the oral instruction of DD chemicals for quotations without any entry in OD register and refused to give me OD register by PA office. For all these jobs I use my own vehicle and petrol for getting quotations. Therefore the officials have violated the office procedures.
>>>>Attached the office order.
2.     Thiru. S. Sudalai Kumar, chemist has communicated the official information classified in violation of Rule 10 of the Tamil Nadu Government Servants Conduct Rues, 1973.
 >>>>>>Reply.2
Yes. I have communicated the information of petitions only to the higher officials and law supporters to take action on the pending petitions. This is because of misleading me from my government duty by my higher officials and lack of genuine investigation in the petition on department staff. I required some law awareness from others to support my investigation of petitions. I am sure that I have not communicated any confidentiality of the government matters to any one in my life.  Please give evidence to prove your allegation and also you should reply to all charges in my four letters written to you, Chief Secretary, Industry Principal Secretary and RTI queries which you have conveniently avoided to reply fearing you and your assistants who are helping you will be exposed.
3.     Thiru. S. Sudalai Kumar, Chemist has made false complaint/derogatory remarks including prostitution against some ladies working in this office by recording in his facebook account and thereby violated the provisions of Rule 20-B of the Tamil Nadu Government Servant Conduct Rules, 1973.
>>>>>>Reply.3
I denied the statement of third allegation that I made false complaint of prostitution on some ladies. I received the complaint of prostitution on some lady staff members from R. Manikandan in CM cell petitions and requested DD chemicals for action. Manikandan has made a serious complaint against both Kavithas’s which has to be proved by Lie detector test and their oath on their children and father and mother. All in office think that they can escape by giving false complaint. She said that this petition is true and those ladies are doing this flesh trade from several generation in their family. Then I took the matter to Joint Director (Now ADGM) for enquiry and his assistant confirmed that it is true. He said that matter will be called for enquiry and he will take care of it. I just left the matter and concentrated on other petitions. One day DD Muruganantham called me and blackmailed me for defamation case on me in commissioner of police with the support of those alleged women. He wanted me to close the petition on the support of her side without informing anyone. I said I can’t do that and informed the matter to DD chemicals. Then they all approached DD chemicals with the support of Union association Head and closed the petition without my involvement, which is a great offence for which all should be punished. It is a matter of deep regret that DGM has failed to take note of this to protect his coterie. I have shown my objection but nobody listened to me.
This matter disturbed me for some months. Then some officials disturbed me for signing the store documents such as tender documents, purchase bills and purchased items. I have not cooperated with the doubt of corruption and heavy work load on me. I requested them Assistant level and assistant director level staff to support all the above files but refused by this office. It increased my intuition of corruption in the department and received so many corruption complaints also in CM cell. Then they forced me on 10-07-19 to resign the job of chemist to go out free and continue their looting and submitted my resignation letter on the same date.
As I disappointed with the above all matters and resignation I wrote my feelings of resignation and failure of professional life in government service on my facebook account. I wrote corruption, inefficiency and prostitution in government department landed me for job searching. I requested my friends for new job and shared the consequences of my resignation. I have not focused only on ladies working in the department and I said the facts behind the quitting Job. Office ladies used my personal message in my personal FB account against me as vengeance for my suspension due to non-cooperation with them in closing petition for their favor. It is crystal clear now that DGM also is in all these illegal things. One example of their nervousness is DGM made a false complaint against me in Guindy Police station to come for enquiry in NHRC by bribing Police inspector who was warned by A.C/D.C.
4.     Thiru. S. Sudalai Kumar, Chemist has made false and frivolous complaint/derogatory remarks against his higher officials, evaded his responsibility of excising the legitimate duty prescribed for him and thereby violated the provisions of rule 20(3) of the TN Govt. Servant Conduct Rules, 1973.
>>>>>>Reply.4
I have denied the fourth statement of allegation that I have made false and frivolous complaint against higher officials. In fact I have obeyed the order of the director without knowing or any training on section office works related to CM cell, PM office, Governor Office and minister office petitions. I worked on stores maintenance without any assistance from office assistant, Store assistant, store superintend and higher official assistant director rank officer.  There is no assistance from the department for my official visit to get urgent quotations and sign the OD register sometimes without higher official help. They give oral instructions but not helping in finding OD register sometimes. For my personal representations were also denied by this department. For example 1. My passport certificate was denied by them for long time.  2. Health insurance card was not given even after two years. 3. Endorsement certificate for foreign trip was denied by them. 4. Every year annual increment was delayed by them. 5. PhD increment was not supported by them.
All these above mentioned points may show that they are not in good official relationship with me. But I never deviated myself from the oral and written orders from the higher officials. I have gone to Adayar sweet stall in officer hours by the just the oral instruction of higher officials for the celebration of international women’s day. This will show my respect on women and their credibility in service.
5.     Thiru. S. Sudalai Kumar, Chemist has abused his official position by making derogatory statements on the conduct of the women staff in the department and thereby violated the provisions of rule 20 of the TN Govt. Servant Conduct Rules, 1973.
 >>>>>>Reply.5
I denied the fifth statement of allegation that I made derogatory statements on conduct of women. When women abuse each other in office hours by saying derogatory words and filthy words against each other, we were unable to digest and ran away from office to tea stalls. They are all senior officers exchanging filthy words in angry mood in office hours and informed to the Director office personally by the chemists. If anyone listens to those words think that even god don’t include them in women category. As if I make wrong statements on women I don’t go to celebrate women’s day with all women in the office by bringing kilograms of sweets on my hand without OA help.
6.     Thiru S. Sudalai Kumar, Chemist has not maintained absolute integrity and devotion to duty and thereby violated rule 20 of the TN Govt Servant Conduct Rules, 1973.
 >>>>>>Reply.6
            I denied the statement of sixth allegation that I have not maintained the integrity and devotion to duty. In fact I have adjusted all the above irregularities in the department for the functioning of government and no loss caused to government. At the same time I have never been adjusted with corruption, prostitution and other crimes for the integrity and devotion to the government service. I could have not landed this stage of suspension if government suspended the persons working in this office immediately after receiving petitions of corruption, prostitution and other crimes from CM cell office.  They were all interfered my duty of CM cell petitions and closed them with coordination of officers. I might have violated the higher official oral orders for corruption issues but I have not violated the government procedures. I request the government to give proper protection, safety and security to the persons handling petitions on officials. Serious investigation in closing all the corruption cases is required which DGM failed to do for ulterior motives. The records of Kavitha’s are to be checked in Police and other places.
National Human rights commission which has Supreme Court judge as Chairman by looking at the case has given directions within 3 days to remove suspension. DGM’s action of removing my suspension is only contempt of court for which soon orders will come from NHRC. Please Wait and see. Dharma will win.
Annexure II
STATEMENT OF ALLEGATIONS, NAMELY IMPUTATION OF MISCONDUCT OR MISBEHAVIOR IN SUPPORT OF THE CHARGES FRAMED AGAINST THIRU. S. SUDALAI KUMAR, CHEMIST.
Charge. 1
Thiru. S. Sudalai Kumar, chemist has failed to process the CM cell petitions as per the proceedings of DGM office order. 28/2018, dt.14.12.2018 and failed to take appropriate action on them.
Reply. 1
I have denied the statement of allegation that I have failed to process the CM cell files. Since I have been instructed to assist the Deputy Director (Chemicals) in day-to-day administration of the DGM office I did that. I have been given not only the subject of  CM Cell petition files but also Amma call center files, purchase files, tender files and store items files. I used to clarify the parliamentary and legislative matters also with the DGM office. I have also been posted as section officer for all the above matters and maintain PM office, central and state minister and Governor Office petition files as per the order 28/2018 dated 14-12-18 and 17/2018 dated 27-04-18. I denied the statement of allegation that I failed to take action on the CM cell petitions and I forward the entire petitions to the concerned officers for necessary actions on time by email from cgmchennai32@gmail.com to them with CC to my email id ch09ph38@uohyd.ernet.in , letters and phone calls. I denied the statement of second allegation of failing to maintain the registers to these petitions. The register of CM cell petitions were not maintained properly by the previous persons worked in this section and I returned to them with the instructions of filling details of petitions up to December 2018 on 4th Jan 2019. I informed this matter to DD chemicals and she said that allotted Assistant will maintain it. I maintained my own dairy for petitions received during my tenure. Apart from that I used to visit ELCOT and TANSI as per the oral instruction of DD chemicals for quotations without any entry in OD register and refused to give me OD register by PA office. For all these jobs I use my own vehicle and petrol for getting quotations. Therefore the officials have violated the office procedures.
>>>>Attached the office order.
Charge.2
Thiru. S. Sudalai Kumar, Chemist has communicated certain information relating to this office to his friends through email.
Reply. 2
Yes. I have I communicated the information of petitions only to the higher officials and law supporters to take action on the pending petitions. This is because of misleading me from my government duty by my higher officials and lack of genuine investigation in the petition on department staff. I required some law awareness from others to support my investigation of petitions. I am sure that I have not communicated any confidentiality of the government matters to any one in my life.  Please give evidence to prove your allegation and also you should reply to all charges in my four letters written to you, Chief Secretary, Industry Principal Secretary and RTI queries which you have conveniently avoided to reply fearing you and your assistants who are helping you will be exposed
 Charge.3
Thiru. S. Sdualai Kumar, chemist has made false complaint/ derogatory remarks including prostitution against some ladies working in this office by recording in his face book.
Reply. 3
I denied the statement of third allegation that I made false complaint of prostitution on some ladies. I received the complaint of prostitution on some lady staff members from R. Manikandan in CM cell petitions and requested DD chemicals for action. Manikandan has made a serious complaint against both Kavithas’s which has to be proved by Lie detector test and their oath on their children and father and mother. All in office think that they can escape by giving false complaint. She said that this petition is true and those ladies are doing this flesh trade from several generation in their family. Then I took the matter to Joint Director (Now ADGM) for enquiry and his assistant confirmed that it is true. He said that matter will be called for enquiry and he will take care of it. I just left the matter and concentrated on other petitions. One day DD Muruganantham called me and blackmailed me for defamation case on me in commissioner of police with the support of those alleged women. He wanted me to close the petition on the support of her side without informing anyone. I said I can’t do that and informed the matter to DD chemicals. Then they all approached DD chemicals with the support of Union association Head and closed the petition without my involvement, which is a great offence for which all should be punished. It is a matter of deep regret that DGM has failed to take note of this to protect his coterie. I have shown my objection but nobody listened to me.
This matter disturbed me for some months. Then some officials disturbed me for signing the store documents such as tender documents, purchase bills and purchased items. I have not cooperated with the doubt of corruption and heavy work load on me. I requested them Assistant level and assistant director level staff to support all the above files but refused by this office. It increased my intuition of corruption in the department and received so many corruption complaints also in CM cell. Then they forced me on 10-07-19 to resign the job of chemist to go out free and continue their looting and submitted my resignation letter on the same date.
As I disappointed with the above all matters and resignation I wrote my feelings of resignation and failure of professional life in government service on my facebook account. I wrote corruption, inefficiency and prostitution in government department landed me for job searching. I requested my friends for new job and shared the consequences of my resignation. I have not focused only on ladies working in the department and I said the facts behind the quitting Job. Office ladies used my personal message in my personal FB account against me as vengeance for my suspension due to non-cooperation with them in closing petition for their favor. It is crystal clear now that DGM also is in all these illegal things. One example of their nervousness is DGM made a false complaint against me in Guindy Police station to come for enquiry in NHRC by bribing Police inspector who was warned by A.C/D.C.
 Charge.4
Thiru. S. Sudalai Kumar, Chemist has made false and frivolous complaint/derogatory remarks against his higher officials and evaded his responsibility of excising the legitimate duty prescribed for him.
Reply. 4
I have denied the fourth statement of allegation that I have made false and frivolous complaint against higher officials. In fact I have obeyed the order of the director without knowing or any training on section office works related to CM cell, PM office, Governor Office and minister office petitions. I worked on stores maintenance without any assistance from office assistant, Store assistant, store superintend and higher official assistant director rank officer.  There is no assistance from the department for my official visit to get urgent quotations and sign the OD register sometimes without higher official help. They give oral instructions but not helping in finding OD register sometimes. For my personal representations were also denied by this department. For example 1. My passport certificate was denied by them for long time.  2. Health insurance card was not given even after two years. 3. Endorsement certificate for foreign trip was denied by them. 4. Every year annual increment was delayed by them. 5. PhD increment was not supported by them.
All these above mentioned points may show that they are not in good official relationship with me. But I never deviated myself from the oral and written orders from the higher officials. I have gone to Adayar sweet stall in officer hours by the just the oral instruction of higher officials for the celebration of international women’s day. This will show my respect on women and their credibility in service.
Charge.5
Thiru. S. Sudalai Kumar, Chemist has abused his official position by making derogatory statements on the conduct of the women staff.    
Reply. 5
I denied the fifth statement of allegation that I made derogatory statements on conduct of women. When women abuse each other in office hours by saying derogatory words and filthy words against each other, we were unable to digest and ran away from office to tea stalls. They are all senior officers exchanging filthy words in angry mood in office hours and informed to the Director office personally by the chemists. If anyone listens to those words think that even god don’t include them in women category. As if I make wrong statements on women I don’t go to celebrate women’s day with all women in the office by bringing kilograms of sweets on my hand without OA help.
FORM OF QUESTIONAIRE
S.No
Questions
Answers
1.
Have you any objection to the form of any of the charges?
Yes. They are fake charges and all fraudulent statements, which can be proved in the court of law. Whether DGM and DD’s are ready to discuss in court or with DVAC.
2.
In addition to the written statements of your defense which you are now required to submit, you are entitled to continue your defense on the following methods.
(a)    An oral enquiry held in your presence
(b)   To be heard in person without an oral enquiry
Both.
Do it quickly and bring your evidences and the enquiry should be conducted by other department officials not by DGM whose credibility is doubtful. Sahayam IAS should be appointed as chairman of enquiry committee to dig out all sand mining cases just like he has dug out granite mining case in Madurai.
Please share in the column opposite whether you require either method to be adopted.
NOTE: If you choose method (a), the following witnesses will be recalled to prove the charges.
(i)                 Witnesses examined in your presence at the preliminary enquiry.
(1)
(2)
(3)
(4)
(ii)               Witnesses not yet examined in your presence:
(1)
(2)
(3)
(4)
NOTE: The evidence recorded from (i) at the preliminary enquiry will be read out at the regular enquiry and your will be given an opportunity to cross examine the witnesses again.
Any evidence recorded from (ii) at the preliminary enquiry will also be read out at the regular enquiry unless your prefer that any of that witnesses be examined in chief before you will be given an opportunity to cross examine them.
3.
(i) Do you wish to give evidence yourself?
(ii) If so, on what points?
Yes, on all the points written in this letter and other 3 letters forwarded by industries Principal secretary and Chief Secretary.
4.
(i) Do you wish to have any witnesses examined on your behalf?
(ii) If so, state their names and note briefly the matters to which they are called to depose.
All including DGM, DD’s, Kavitha’s are to be interrogated by me. You should bring evidences.
NOTE: After the completion of enquiry, you may, if so desire put in a further written statement of your defense.
5.
Do you desire to be supplied with copies of any records or the deposition of witness or the report of the enquiring officer?
If so, give particulars of records, copies of which are required.
Yes. All the records in the office are to be examined by me since many were closed after getting bribe. Police should be brought in.
I am even prepared to face you all in Madras High court since I am convinced I will not get justice with this set up in Geology and mining. Many more will follow.
            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 controlling the mining scam in the state and cancel my suspension order. The details are as follows in RTI queries.
The letter(Annexure 5) 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 revoke 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.
                                                                            
             
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                                                                         SUDALAI KUMAR S

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
Guindy, Chennai-32


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Yogi
1 year ago

RTI information were refused by PIO, FAA of CS, Industries dept, P and AR dept and Geology and mining dept for the purpose of looting government money and continuing the corruption in mining scam. They are all misquoting the RTI act section for the refusal of information overrides the law with ulterior motives of looting government money. They all do these corruptions in large network of government servants and fooling us by refusing information asked in RTI application.

Arun Pratap Singh
1 year ago

Why are they not providing the sought information even when such information will promote transparency and accountability in the office of public authority.
a. Director has violated Section 17 of Tamilnadu Government conduct, discipline and appeal rules by suspending Sudalai Kumar Chemist without writing the details of the so called grave offences. No charge memo or enquire held for it.
b. He has violated IPC section 166/166A- public servant not doing his duty on NHRC order.
c. Supporting for corrupt practices under anti-corruption act by not taking effective actions on corruption complaints.

Beerbhadra Singh
1 year ago

Right to Information act 2005 was brought up by the government of India to promote transparency and accountability in the working of public authorities in order to to remove the corruption from the government departments so that government schemes may reach to the needy people and the good governance may be provided to the citizenry. From this post it is quite obvious that concerned corrupt government functionaries are only torturing the whistleblower and it is most surprising that these corrupt public functionaries are not providing any information to the whistleblower under Right to Information act 2005.