Move to promote tainted officers in Madhya Oradesh
Posted September 26, 2013on:
The following is the slightly edited version of the Open Letter written by Dr Sunilam, Convener, Jan Sansad Abhiyan Samiti, to the Chief Secretary of the Madhya Pradesh Government
In the whole of India in the administrative circles, you cannot find a case where an employee can be promoted even as a disciplinary inquiry and a criminal case (for bungling hundreds of crores of rupees) is pending against him. But this is done in the case of S R Mohanty IAS (1982 batch) in Madhya Pradesh. Then MD of the MP Industrial Development Corporation (MPIDC), Mohanty is charged with bungling hundreds of crores of rupees as loans in connivance with some industrialists. The Economic Offences Wing (EOW) of the MP Police investigated it and registered a Case No. 25/2004 against him. The State Government issued him a charge sheet and after finding his explanation unsatisfactory, instituted a disciplinary inquiry against him. At the same time the State Government sent his file relating to sanction of prosecution to the Government of India on 28/6/2011.
The same State Government, however, promoted him to no less a position than the Principal Secretary to the State Government looking after a huge budget as Secretary, State Planning Commission and Principal Secretary Non-Conventional Energy Department (a department facing severe charges of corrupt practices in land allotment for solar parks).
Disciplinary inquiry against him is still on, his criminal case is still pending for sanction of prosecution and his general reputation in the State is dim. Nothing did change in the last 6 years. Yet Mohanty got the promotion. The second para of his “conditional promotion” order reads: “This promotion is subject to the final outcome of the petition 267/2010 filed in the Central Administrative Tribunal by Shri Mohanty against issuing him a charge sheet and institution of disciplinary inquiry, final decision in disciplinary case, any other court order, final outcome in future of the proposal sent to Govt. of India Department of Personnel and Training on 28/6/2011 regarding criminal case 25/2004″
You cannot find a parallel anywhere in the country.
Secondly, the Government of India has returned the proposal of Government of MP (to exonerate Mohanty in the criminal case and not to accord sanction of prosecution).
This happened after his promotion, as Government of India DOPT did not agree with the proposal as the State Government had failed to convince the GOI that it had followed the orders of the Supreme Court regarding such cases. With this return, the promotion order, though illegal ab initio, fell flat as void. Yet the State did not revert Mohanty.
It appears that everything is ready forMohanty’s second promotion –this time as Additional Chief Secretary (in the rank and pay scale of Chief Secretary of a State). General Administrative Department (GAD) is all set to hold the Departmental Promotion Committee (DPC) meeting and Mohanty will receive his final promotion as an IAS officer in the rank and pay scale of Chief Secretary of a State shortly.
As if this was not enough, the State Government wishes to promote along with Mohanty two more officers illegally so that Mohanty is not alone in the band to receive the fire. K. Suresh, IAS (1982 batch), facing a prosecution in a CBI case (for illegally allowing berthing to a foreign ship in Indian territory as Chairman of Vizag Port Trust) was made Principal Secretary General Administrative Department (GAD) a few days back to manage the files. He is also going to be the beneficiary as he handles Mohanty’s files on prosecution and as a senior colleague in the same department to persuade the Secretary Personnel, Ashwini Rai, who looks after the IAS promotions. So all is well set.
If K. Suresh facing the CBI prosecution gets the promotion as Additional Chief Secretary, this will be another feather in the cap of State Government. Another one to get the share of loot will be Rakesh Agrawal. Facing adverse CR written by Chairman of Human Rights Commission (an Ex Justice of the Supreme Court) Rakesh Agrawal’s case will also be a test case for the chief minister who had earlier concurred with the adverse CR. Will he now reverse his own opinion against that written by a retired Supreme Court Judge? All three are likely to get the rank of ACS, equal to that of the Chief Secretary.