TRANSPARENCY INTERNATIONAL INDIA
(KARNATAKA CHAPTER) NGO
NON-GOVERNMENTAL, NON-PARTY, PEOPLES COALITION AGAINST CORRUPTION AND FOR TRANSPARENCY. INTEGGRITY AND ACCOUNTABILITY
A CHAPTER OF TRANSPARENCY INTERNATIONAL INDIA, NEW DELHI ACCREDITED TO TRANSPARENCY INTERNATIONAL, OTTO-SUHR-ALLEE 97-99 D-10585, BERLIN, GERMANY
A-6 Casa Lavelle – 3, Lavelle Road, Bangalore – 560 001 – India Tel: 91-080-2211789, E-mail: firstname.lastname@example.org
BY REGD. A.D. / SPEED POST
“PRIORITY MOST URGENT”
06th February 2012
The Deputy Commissioner,
M/s. Transparency International is a highly respected global institution which inter-alia fights corruption and mal-administration, and in India, it investigates and acts through the State and Central Governments, the Lokayuktas and the Courts in combating malpractices in the public domain. This body has earned National and Global repute for having investigated and redressed cases of corruption where public servants have mis-conducted themselves resulting in corrupt practices and break-down of the Law and Order situation. One of the principles that is followed is that the public servant concerned is confronted with the Heads of the Charges, given an opportunity to defend, and after a careful evaluation, the action follows.
There has been serious concern with regard to the break-down of the Law and Order situation particularly in the city of Mangalore as also in different parts of the District, particularly after you have taken over as the D.C. The charge against you is that you are not only close to but are actively mixed up with communal elements who are instigating hatred and violence and that you have now emboldened yourself to the extent of appearing in public at all important functions organized by these Groups. This is not permissible as far as a public servant holding a responsible position is concerned. There is a lot of media coverage as far as this charge goes culminating in two very serious instances. The first of them is when you prominently appeared at a function organized by one of these Groups and wore a saffron shawl which is proof of your total alignment. This was followed up by another very serious incident where a van selling hate literature was positioned outside your office for the whole day and thousands of copies of this material was distributed. There is photographic evidence to establish these two incidents and if there is anything that you wish to point out in your defense, you are entitled to do so.
Whereas the first charge relates to active collusion and connivance, there is an allied charge against you that despite 27 public demands from individuals and organizations spread over the last several weeks, to take action for extradition of the guilty individuals under the Police Act that you have done nothing up to the present point of time. This action is mandatory and not discretionary and the non-action is conclusive proof of total collusion with the law-breakers. This patronage from the DC has openly encouraged the persons involved in these unlawful activities to instigate violence and communal hatred and they are 100% confident that the authority who is statutorily empowered and required to act against them will not do so.
This constitutes showing of favor to persons who are on the wrong side of the Law and constitutes an offence punishable under the Prevention of Corruption Act. There is a file full of material under this Head of Charge including videos and audio C.Ds. It is open to you to put forward your defense in respect of this Head of Charge.
Incidents of extreme seriousness had occurred with regard to malafide, vicious and vindictive action directed against a Kannada Publication by the name of ‘Karavali Ale’. Anti-social elements were used to attack the Press and to interfere with the circulation and it was found that the Police and the Administration were co-conspirators in these offences. At the instance of some highly placed individuals, the Editor was arrested on false and untenable charges shifted from place to place and even produced in Court in chains. These incidents shook the conscience of the State of Karnataka, the sub-continent and came in for condemnation by the global media. The Karnataka High Court passed severe strictures against the State Government and the individuals involved and even ordered the payment of heavy compensation. There is a very strong Report from the Press Council of India in respect of these incidents which is under consideration by a host of International bodies. The State Human Rights Commission has condemned every one of these actions and has recommended stringent steps to the Government of India. Regardless of this background, it is reported to Transparency International India, that you have issued fresh Summons to the Publication and are trying to reopen the matter inter alia to harass and blackmail. In the background of charges (1) and (2) the irresistible conclusion is that this action which bristles with malafides is at the instance of the various communal elements whom you are heavily mixed up with. This automatically and totally disqualifies you from taking any steps in the matter not because they are completely and totally unjustified but more importantly because you have a personal animus against the Publication. It is reported that merely because they have carried news and photographs in relation to charges (1) and (2) which have also been carried by the rest of the media and TV channels that you are not only biased but motivated. If the Law permits any enquiry to be held, it will have to be done by an authority other than yourself as it is well settled Law that no proper or fair enquiry can be conducted if the Enquiry Officer is himself tainted. Also, there is a well defined principle which has to be observed namely that there has to be valid factual and legal justification for initiating such a step, it is required to be stated as to under which Provision of Law, the proceeding is being initiated and if these ingredients are satisfied, a valid Show-cause Notice setting out the Heads of Charge and the material in support have to be served on the affected party. If the allegations are disputed, a proper enquiry will have to follow in keeping with the rules of Natural Justice resulting in an Order that passes legal scrutiny. The Law also postulates that if the Order is adverse that it cannot be given effect to until a reasonable period of time for filing an Appeal or challenging it in Court as elapsed. On the facts of the present case, in spite of what has been pointed out to you, if you insist on conducting the enquiry for yourself, the proceeding will be rendered void, apart from the fact that it will be added proof of malafide action and will invite a strong Order from the High Court, in addition to disciplinary action. Also, it is well settled Law that if such a proceeding is instituted without there being valid and cogent justification, that the Law prescribes heavy penalty on the official concerned.
This notice is being formally served on you and considering the fact that you hold a responsible position, reasonable time of Four Weeks is accorded to you to put forward whatever reply / defense you may desire to adduce. If no reply is received within the prescribed period of time, it will be presumed that you have nothing to say by way of defense and that the Heads of Charge stand admitted.
Finally, it is in your own interest to STAY any further steps in the enquiry until these issues are decided.
For TRANSPARENCY INTERNATIONAL INDIA,
(JUSTICE M.F. SALDANHA)
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