I.G. Mr. Amitabh Thakur must not be persecuted on flimsy ground as his integrity is impeccable.


Whether it is justified to punish an honest officer for his honesty.

yogimpsingh@gmail.com

10:13 PM (28 minutes ago)

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I.G. Mr. Amitabh Thakur must not be allowed to be persecuted on flimsy ground as his integrity is impeccable .
15 July 2015
20:33
Hon’ble Sir most surprising that there are several bureaucrats who have amassed huge wealth disproportionate to their known source of income  in this most populous state but Government of Uttar Pradesh remains silent if matter is brought up before it but this honest I.P.S. Why being targeted? by most prominent figures of this state is matter of serious concern . I have seen that there is substantial evidence of siphoning of public fund and indulgence in malpractices against several bureaucrats but representations in regard to them submitted before the accountable public functionaries have been filed in the useless file which are sucking dust. Mr. Amitabh Thakur have drunk the nectar of honesty so dishonesty escapes from his shadow. Those who remained under lock up since 10 months were posted by the state government and plum posting was granted but who served the people with honesty facing the wrath of accountable public functionaries and consequently facing suspension . Whether there is transparency and accountability in the governance of government of India. At least be frightened with the God who is the ultimate judge.
  With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that whether media is not tarnishing the image of this public spirited honest I.P.S. Most surprising that judicial members who don’t think himself less than God are free to comment on any prominent figure in his court as shielded with blanket of independence of judiciary. Whether the anarchy in the state is not because of judiciary where every criminal manages to get bail if he is influential and rich.
उत्तर प्रदेश के हालात चिंताजनक हैं,इसकी एक वजह यहां की नाकारा पुलिस भी है। आप आईजीरैंक के अधिकारी हैंलेकिन समाज के प्रति कर्तव्य निभाने के बजाए इस बात में ज्यादा मशगूलरहते हैं कि कैसे कोई जनहित याचिका दाखिल कर सरकार के लिए निर्देश जारी करवाएं। आप खुदभी उसी सरकार का हिस्सा हैं,लेकिन अखबारों में नाम छपने और लोकप्रियता के लिए पीआईएलदाखिल करते रहते हैं। इस पर  केवल रोक लगनी चाहिए,बल्कि इसे गलत आचरण के रूप मेंदेखा जाना चाहिए।’ 
अनुशासनहीनता के आरोप में निलंबित आईपीएस अधिकारी अमिताभ ठाकुर की एक के बाद एकपीआईएल दाखिल करने पर हाईकोर्ट की लखनऊ पीठ ने पिछले साल यह टिप्पणी की थी। 
न्यायमूर्ति सुनील अंबवानी और न्यायमूर्ति देवेंद्र कुमार उपाध्याय की पीठ ने इस तरह की प्रवृत्तिपर अंकुश लगाने के लिए निर्देश तक जारी किए कि अमिताभ ठाकुर सहित कोई भी सेवारतकर्मचारी सरकार की लिखित अनुमति के बिना पीआईएल दाखिल नहीं कर सकता। 
अमिताभ ठाकुर ने वकीलों के हड़ताल के खिलाफ पिछले साल पीआईएल दाखिल की थी। अदालतने उन्हें कड़ी फटकार लगाते हुए कहा कि,इस मामले से आपका कोई लेनादेना नहीं हैं,अगरयाचिका करनी ही है तो पहले सरकार की अनुमति लेकर आइए।’
अदालत ने कहा कि आईजी अमिताभ ठाकुर समाज की बेहतर सेवा कर सकते हैं लेकिनअपनीलोकप्रियता के लिए वे याचिकाएं दायर करते हैं। एक पुलिस अधिकारी का ऐसा आचरण कोदुराचरण माना जाना चाहिए। अदालत ने कहामहज याचिकाएं दायर कर बिजी दिखने कीकोशिश करते हैं अमिताभ ठाकुर।
कोर्ट ने प्रदेश के मुख्य सचिव और केंद्र सरकार को निर्देश दिए कि कोई भी कर्मचारी सरकार सेअनुमति के बगैर ऐसी कोई यचिका नहीं कर सकेगा,जिसका सीधा संबंध उससे  हो। साथ ही कहाकि केंद्र  राज्य इसकी पूरी पड़ताल करें कि क्या आईजी रैंक के किसी अधिकारी को ऐसीयाचिकाएं दायर करने की अनुमति दी जानी चाहिए जिनमें वे हाईकोर्ट से सीधे या परोक्ष निर्देशलेकर केंद्र या प्रदेश सरकार के कामकाज पर बेजा असर डाल सकते हों।
हाईकोर्ट ने कहा कि आईजी ठाकुर ने 2012 से 2014 के बीच बीस पीआईएल दाखिल कीं। कई मेंसहयाचिकाकर्ता हैं। यही नहीं सरकार से अनुमति लिए बगैर ऐसे मामलों में याचिकाएं कीहैं,जिनका उनसे कोई ताल्लुक नहीं है। 
सरकार की आलोचना नहीं कर सकते अधिकारी
ठाकुर ने कोर्ट में दलील दी कि ऑल इंडिया सर्विसेस (कंडक्टरूल्स 1968 के अनुसार उन्हें प्रदेशसरकार से अनुमति लेने की जरूरत नहीं है। 
इन याचिकाओं के बारे में उन्होंने सरकार को सूचित किया है। लेकिन हाईकोर्ट ने स्पष्ट किया किसरकारी कर्मचारी रेडियोमीडिया,किसी भी प्रकाशित दस्तावेज,प्रेस से बातचीत या सार्वजनिकसंवाद के दौरान ऐसा कोई बयान या राय नहीं दे सकता जिसमें सरकार की नीतियों की आलोचनाहो,या फिर ये बातें केंद्र  राज्य सरकारों के संबंधों पर असर डालती हों। 
यहां तक परोक्ष तौर पर भी वह ऐसा नहीं कर सकता। हालांकि अपना कर्तव्य निभाते हुए कही बातोंया व्यक्त विचारों को इससे अलग रखा गया है।
उस समय हाईकोर्ट ने अमिताभ ठाकुर को नसीहत दी थी कि वे एक सेवारत आईपीएस ऑफिसरहोने के नाते नियमों से तो बंधे हैं ही,उन्हें सम्मानजनक व्यवहार भी करना चाहिए। आईपीएसअधिकारी 24 घंटे ड्यूटी पर माने जाते हैं। उनमें ईमानदारी,समर्पण और सरकार से मिले निर्देशोंका पालन करने का गुण होना चाहिए। सरकार उन्हें ऐसी याचिकाएं दायर करने से रोक सकती हैजिनका उनसे सीधा संबंध  हो।
2-It is submitted before the Hon’ble Sir that if a citizen joins public services his civil rights are blocked/encroached . Whether the Hon’ble Judges are advising not to pursue fundamental duties which is obligatory duty of each citizen. Whether judicial members can debar a public spirited citizen to be instrumental in providing justice to poor and downtrodden section.
Article 51-A of Indian constitution-Fundamental duty of a citizen of  country-
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
7. In this case we are not satisfied with the credentials of the petitioner and the bonafides of the purpose for which this writ petition has been filed. A practicing lawyer at Delhi even if he is permanently residing at Kanpur, would not ordinarily have any business to enquire into the financial affairs of a government agency constructing houses for poor people at Kanpur. Whether this is not fundamental duty of a citizen of this country.  The petitioner is not concerned with the quality of construction and the safety of persons living in the house. Whether these are essential parts to show public spirit if the concerned have siphoned the public fund automatically implies that both quality and and safety has been overlooked.  His entire focus is on the financial irregularities and for that purpose to seize financial powers of the officers of the agency and to recover the amount paid to respondent nos.7 to 11 on the ground that they have been blacklisted and constructions made by them are of sub-standard quality. If a contractor is blacklisted ,then a layman can understand it why he was blacklisted? It is unusual for a lawyer practicing at Delhi to collect the voluminous documents annexed to the writ petition regarding payments made to the contractors, who are alleged to be blacklisted.Here more important is to check the authenticity of the submitted documents submitted by learned counsel .  The petitioner, who is present in person has not been able to explain the source from which he collected all these documents. He admits that this is his first adventure in filing a public interest litigation and that so far he has conducted only a few probono litigations and is associated with old age homes at Delhi. Whether subordinate courts ever ask about the source of public documents submitted ,petitioner’s counsel tells that sought under R.T.I. and petitioner tells to court some public staff of block made available the documents during cross examination but didn’t disclosed the name.
8. We further find that public interest litigation does not aim to redress any genuine public harm or public injury. There is no gravity or urgency to give priority of this matter over other petitions. The petitioner has also not explained as to why rival contractors have not filed any petitions to stop payment to the blacklisted contractors for sub-standard work. Whether such question can be replied by justice seeker which is in the mind of rival contractors.  
9. We are not satisfied that this writ petition filed in public interest by lawyer practicing at Delhi for causing enquiry into the financial irregularities in respect of constructions made at Kanpur has been filed with bonafide purpose. Whether to practice in Delhi debars some one from his fundamental duty . 
10. The petitioner’s gross total professional income in his Income Tax return, also does not satisfy us with his financial means to file this writ petition at Allahabad High Court. Here focus is not on checking the misuse of public fund as raised by public spirited lawyer but more on finding fault in order to dismiss the writ.
11. The writ petition is dismissed.
3-It is submitted before the Hon’ble Sir that 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
?Court No. – 32 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. – 56355 of 2013 
Petitioner :- Dileep Kumar Saxena 
Respondent :- The State Of U.P. And 16 Others 
Counsel for Petitioner :- Chandra Kumar Rai 
Counsel for Respondent :- C.S.C.,Vivek Saran 
Hon’ble Sunil Ambwani,J. 
Hon’ble Surya Prakash Kesarwani,J. 
6. In State of Uttaranchal v. Balwant Singh Chaufal & Ors., (2010) 3 SCC 402 the Supreme Court in a public interest litigation filed by practicing lawyer challenging the appointment of Advocate General on the ground that he had crossed 62 years of age observed that the Court must first consider whether the PIL has been filed for bonafide purpose or for extraneous reasons. The Supreme Court gave following directions as guidelines for entertaining the public interest litigation:- 
“We have carefully considered the facts of the present case. We have also examined the law declared by this court and other courts in a number of judgments. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:- 
(1) The courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations. 
(2) Instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the Rules prepared by the High Court is sent to the Secretary General of this court immediately thereafter. 
(3) The courts should prima facie verify the credentials of the petitioner before entertaining a P.I.L. 
(4) The court should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL. 
(5) The court should be fully satisfied that substantial public interest is involved before entertaining the petition. 
(6) The court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions. 
(7) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. 
(8) The court should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.” 
7. In this case we are not satisfied with the credentials of the petitioner and the bonafides of the purpose for which this writ petition has been filed. A practicing lawyer at Delhi even if he is permanently residing at Kanpur, would not ordinarily have any business to enquire into the financial affairs of a government agency constructing houses for poor people at Kanpur. The petitioner is not concerned with the quality of construction and the safety of persons living in the house. His entire focus is on the financial irregularities and for that purpose to seize financial powers of the officers of the agency and to recover the amount paid to respondent nos.7 to 11 on the ground that they have been blacklisted and constructions made by them are of sub-standard quality. It is unusual for a lawyer practicing at Delhi to collect the voluminous documents annexed to the writ petition regarding payments made to the contractors, who are alleged to be blacklisted. The petitioner, who is present in person has not been able to explain the source from which he collected all these documents. He admits that this is his first adventure in filing a public interest litigation and that so far he has conducted only a few probono litigations and is associated with old age homes at Delhi. 
8. We further find that public interest litigation does not aim to redress any genuine public harm or public injury. There is no gravity or urgency to give priority of this matter over other petitions. The petitioner has also not explained as to why rival contractors have not filed any petitions to stop payment to the blacklisted contractors for sub-standard work. 
9. We are not satisfied that this writ petition filed in public interest by lawyer practicing at Delhi for causing enquiry into the financial irregularities in respect of constructions made at Kanpur has been filed with bonafide purpose. 
10. The petitioner’s gross total professional income in his Income Tax return, also does not satisfy us with his financial means to file this writ petition at Allahabad High Court. 
11. The writ petition is dismissed. 
Order Date :- 25.11.2013 
SP/ 
If the public interest litigation will be really entertained by our courts ,then there will no jungle raj in the system. Here registry of apex court says that you have already knocked the various doors so your P.I.L. can’t be considered and apex court says that why have you not gone to concerned ,first you go to concerned ,then come to me if you are not getting redressed your grievance. Consequently no one wants to solve the problems of common people. 
4-It is submitted before the Hon’ble Sir that please take a glance of tyranny and arbitrariness of judicial members and mockery of criminal procedure code under the shield of blanket of independence of judiciary. I have spent my entire life facing false and fabricated trials instituted in courts of law by manipulating public records.
Subject-Your applicant can’t defend the case as section 244 of Cr. P. C. don’t allow your applicant .
Documents-28/08/2006 is missing from paper book, your applicant can’t ask as case is being processed under section 244 of Cr. P. C. When turn of your applicant will come doesn’t know?
The court order dated 12/06/2008 can’t processed as case at the stage of section 244 of Cr. P. C. After three years when A.C.J.M. First court couldn’t get compliance of its order and your applicant repeatedly requested ,then A.C.J.M/ First Sudhakar Ray told me in his chamber that since D.M. Mirzapur suggested district judge Mirzapur to process the case under section 244 of Cr. P. C. And he also suggested error was done by Judge who entertained your plea at the stage of section 244. Hon’ble Sir whether this was not the violation of Independence of judiciary ?
Government of India forwarded my letter to the court of aforesaid A.C.J.M. First for redressal but according to argument dated 22-May-2015 ,A.C.J.M. First articulated this act as violation of independence of judiciary. Hon’ble Sir whether the Governments which is formed by the mandate of people of this country have no moral rights to defend the legal rights of people by suggesting the court to consider grievances submitted before it to seek justice. Hon’ble Sir independence of judiciary is to shield judicial members from undue pressure of executives and bureaucrats instead of to be tyrant. Ipsofacto obvious that undue pressure was created by D.M. Mirzapur not by your applicant by seeking justice from his government.
Whether in the name of independence of judiciary tyranny can be allowed. Whether it is justified to process a summon case under section 244 of criminal penal code.
                                   
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                           ‘Yours  sincerely
                            Yogi M. P. Singh
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India
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4 comments on I.G. Mr. Amitabh Thakur must not be persecuted on flimsy ground as his integrity is impeccable.

  1. whether media is not tarnishing the image of this public spirited honest I.P.S. Most surprising that judicial members who don't think himself less than God are free to comment on any prominent figure in his court as shielded with blanket of independence of judiciary. Whether the anarchy in the state is not because of judiciary where every criminal manages to get bail if he is influential and rich.

  2. Undoubtedly senior I.P.S. is being harassed so that may not be hurdle in the path of anarchists which is sheer illegal and unconstitutional. Why Government of Uttar Pradesh is not taking action against wrongdoers instead of persecuting honest public functionaries. There is substantial evidence of siphoning of public fund but it seems that there is caucus among the corrupts from top to bottom resulting in no action against wrongdoers. One condition is no information to accountable public functionaries about the siphoned public fund , second condition is information available but don't want to take action but third condition is worst as the public is crying to take action but accountable public function wants to shut their mouth. Today's India is facing the third condition which signal of sheer anarchy and lawlessness.

  3. Whether this action of Government of Uttar Pradesh may be considered as reward of honesty to law abiding citizens working for betterment of society. Most surprising that instead of curbing the grown anarchy those raising the voices against anarchy Government of Uttar Pradesh persecuting them

  4. If we take a glance of events in sequence ,then we observe that there is sheer tyranny of political masters in the state. Most surprising that they don't make their eyes red on Yadav Singh like public functionaries who have amassed huge wealth through wrongdoings but make the target a whistle blower . Whether such things are not showing the intention of our political masters who are promoting lawlessness.

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