Whether a whistle-blower may be targeted as being done by director? whistle-blower policy

India is a democratic republic not a banana republic so director of geology and mining department might had to meditate on it before serving a suspension order  whether show cause notice was issued to the employee who was being arbitrarily victimised already because of the influential people who were wreaking vengeance as aggrieved being whistle-blower consequently suffering losses in the hand of aggrieved. Whether our constitution allows to take action against any individual   before giving him proper  opportunity to be heard?  Whether principle of natural justice was followed in the process issuing suspension order against the whistle blower if followed then why opportunity was not provided to whistle-blower to justify his stand? Whether the director has guts to speak against corruption and the action of director is to achieve its ulterior motives as whistle-blower sounded the whistle against the draconian and arbitrary circular issued by the same department which is promoting corruption in the department? Undoubtedly action of the director of geology and mining department is unconstitutional, draconian, vindictive and arbitrary therefore liable to be quashed by the senior rank officer.

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Reg. Ref Letter dated 24-07-19
1 message
Sudalai Kumar <ss.kumar1987@gmail.com> 24 July 2019 at 19:22

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

Dt.25/07/2019
From
S.Sudalai kumar
Chemist ,Directorate of geology and Mining,Guindy ,
Chennai-32(under suspension)
R/O PLOT NO 40 DOOR NO F8
 DAC DELIGHT VENKATESHWARA NAGAR
 5TH STREET POLICHALUR.
ph:9994741144.Chennai-600074
To:
Public information officer
o/o Principal secretary
Industries department
Secretariat
Chennai-9
Sub: RTI Query for Suspension      from chemist by Director of Geology and Mining.(Annexure 2),
Ref: My letter dt.24/07/2019
Sir
Give the information for the following as per RTI Act:
1.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.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 with out taking any action.
3.Give the information of the reason for suspending me with out telling charges and rule followed.
4.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. 
S.SUDALAI KUMAR

Dr. Sudalai Kumar, Chennai 32

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Reg. Suspension order from department of geology and mining 17(e)
3 messages
Sudalai Kumar <ss.kumar1987@gmail.com> 22 July 2019 at 21:58

To: cs@tn.gov.in, Bala <balasubramanian.energyaudit@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>, supremecourt@nic.in, hcourt@tn.nic.in

Cc: cgmchennai32@gmail.com, geomine@nic.in

Sir/madam,

Received the suspension order under 17 (e) from director of geology and mining department today evening at 5.40 pm for some grave charges from Union of women against me Sudalai Kumar chemist Ref Rc no.4552/pm1/2019 dated 22-07-19. 
I wanted to appeal for this unfair suspension order and irregularities in the cm cell investigation by the department. Unfair means there is no charge memo issued to me and no enquiry was held before me. This department has not revealed any details of those grave charges even to me and some ladies joined together to collect allegations against me. I have not favoured for them in the prostitution case given by the public. It was proceed further to my suspension and changed my position from section officer to chemist. This can’t be done just by the director and it’s department as  per following order in the judgement.

In Union of India v. K.V. Janakiraman, [AIR 1991 SC 2010], the Hon’ble Apex Court has taken the view that the pendency of preliminary investigation prior to that stage will not be sufficient to enable the authorities to adopt the sealed cover procedure.

The said judgment makes it very clear that unless otherwise the petitioner was issued with a charge memo and an enquiry into the same is pending, a Government servant cannot be placed under suspension. In the case on hand, as stated already, it is not even the case of the respondents that the petitioner was issued with a charge memo and the same is pending against the petitioner.”

I would request you to reinvestigate all cm cell petitions and the action reports given by district officers for more clarity.

Attached the suspension order.

Dr. Sudalai Kumar, Chennai 32


This Whistle Blower Policy has been formulated to enable all employees to raise concern against any malpractice such as immoral, unethical conduct, fraud, corruption, potential infractions of the Code of Conduct of the Company, breaches of copyright or patent and alike. This policy also outlines the reporting procedure and investigation mechanism to be followed in case an employee blows the whistle for any wrong-doing in the Company. Employees are given protection in two important areas – confidentiality and against retaliation. It is ensured that Employees can raise concerns regarding any violation or potential violation easily and free of any fear of retaliation, provided they have raised the concern in good faith. An ombudsperson has been appointed to receive the complaints through email or letters who would investigate the complaints with an investigating team. The final decision would be taken by the Ombudsperson in consultation with the Audit Committee. This Policy would help to draw the Company’s attention to unethical, inappropriate or incompetent conduct which has or may have detrimental effects either for the organisation or for those affected by its functions.
Whether government will not provide such protection which is accountable to the citizenry?

Sudalai Kumar ss.kumar1987@gmail.com

22 July 2019 at 21:59

To: cs@tn.gov.in, Bala <balasubramanian.energyaudit@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>, supremecourt@nic.in, hcourt@tn.nic.in

Cc: cgmchennai32@gmail.com, geomine@nic.in

[Quoted text hidden]


New Doc 2019-07-22 17.39.28.pdf
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Sudalai Kumar <ss.kumar1987@gmail.com> 22 July 2019 at 22:44

To: cs@tn.gov.in, Bala <balasubramanian.energyaudit@gmail.com>, Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>, supremecourt@nic.in, hcourt@tn.nic.in

Cc: cgmchennai32@gmail.com, geomine@nic.in

Complaint / Case Status
National Human Rights Commission

Case Details

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Diary No 7947/IN/2019 Case / File No 1545/22/13/2019
Victim Name SUDALAI KUMAR S Registration Date 17/07/2019
Action List (Click on Action given in blue color to view details)
Action No. Action Authority Action Date Due Date Completion Date
1 Disposed with Directions THE CHIEF SECRETARY GOVERNMENT OF TAMIL NADU, CHENNAI 22/07/2019 22/07/2019 22/07/2019

Expand All Action List

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Action : Disposed with Directions(Action No 1)

Action Date 22/07/2019 Due Date 22/07/2019 Completion Date 22/07/2019
Authority THE CHIEF SECRETARY, GOVERNMENT OF TAMIL NADU, CHENNAI
Procceeding
These complaints be transmitted to the concerned authority for such action as deemed appropriate. The authority concerned is directed to take appropriate action within 8 weeks associating the complainant/victim and to inform them of the action taken in the matter.

Diary No 7947/IN/2019 Section SB-3
Language ENGLISH Mode HRCNET/ONLINE
Received Date 10/07/2019 Complaint Date 10/07/2019
Gist
Victim Name SUDALAI KUMAR S Gender Male
Religion Hindu Cast General
Address
District State
Address R/O PLOT NO 40 DOOR NO F8 DAC DELIGHT VENKATESHWARA NAGAR 5TH STREET POLICHALUR
District KANCHEEPURAM State TAMIL NADU
HRCNet   HRCNet   HRCNet   HRCNet   HRCNet   HRCNet   HRCNet   HRCNet   HRCNet   HRCNet  
Name SUDALAI KUMAR S
Mobile Email
Address R/O PLOT NO 40 DOOR NO F8 DAC DELIGHT VENKATESHWARA NAGAR 5TH STREET POLICHALUR
District KANCHEEPURAM State TAMIL NADU ( 600074 )
Incident Place CHENNAI Incident Date NA
Incident Category OTHER SERVICE DISPUTES
Incident District CHENNAI Incident State TAMIL NADU
Incident Details
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Yogi
1 year ago

This Whistle Blower Policy has been formulated to enable all employees to raise concern against any malpractice such as immoral, unethical conduct, fraud, corruption, potential infractions of the Code of Conduct of the Company, breaches of copyright or patent and alike. This policy also outlines the reporting procedure and investigation mechanism to be followed in case an employee blows the whistle for any wrong-doing in the Company.Whether government will not provide such protection which is accountable to the citizenry?

Arun Pratap Singh
1 year ago

Sir/madam,
Received the suspension order under 17 (e) from director of geology and mining department today evening at 5.40 pm for some grave charges from Union of women against me Sudalai Kumar chemist Ref Rc no.4552/pm1/2019 dated 22-07-19. Why the suspension order was issued without giving the aggrieved proper opportunity to be heard?

Beerbhadra Singh
1 year ago

Think about the gravity of situation that a whistle blower has been suspended from the service because he had raised voices against growing corruption in the department. which explicitly shows that in this largest democracy in the world no one has right to speak against the the growing lawlessness and Anarchy in the government machinery otherwise he will have to face the same consequences. Whether it is reflection of good governance if not why government is not taking initiative in this direction for the betterment of government machinery.