Recently S.K.Panda ex Chief Secretary of Tripura joins in Tripura administration as adviser to CM causing serious repercussion in administration. Because his tenure as Chief Secretary is coincided with the scam in IAS nomination from state cadre for 2007-08-09-10 .A promotion case has been decided in favour of the public servant in Gauhati High Court only very recently whose right to promotion was curtailed by Panda for his personal vendetta against the state officer B M Singha from Nov, 2006. So his re – induction in Tripura administration is a subject matter of discussion.
To begin with in a meeting was held on 18.11.2006 for the PH (physically Handicapped) in the state chaired by Sri Manik Dey Labor Minister. S.K.Panda then Principal Secretary, Social Education and Social Welfare Deptt stated in the said meeting that in issuing of certificate to PH the representation from Employment Exchange for PH was not required. B.M.Singha then Director, Employment Exchange and Manpower Planning, Tripura objected to such version of S.K.Panda as that was contrary to Manual of Employment Exchange of Labor Ministry, GOI.
Sri Panda proceeded on leave w.e.f. 22.11.2006 and Banamali Sinha hold the charges of Social Education Deptt in addition to his normal charges. On 6.12.2006 a modified notification from Social Education Deptt was notified incorporating the version of B.M.Singha . This became a prestige cum personal issue as far as Panda was concerned. That was the beginning of rift between S.K.Panda and B.M.Singha in Tripura administration.
On the other hand the hidden enemies of B.M.Singha in administration exploited the situation and a settled issue in May,2004 had been revived in November,2007 in respect of B.M.Singha and from GA(AR) a notification was issued on 19.11.2007 that Govt contemplated a departmental enquiry against B.M.Singha for his tenure as P.D in DRDA Dhalai for his tenure during December 26,2001-to June 15,2002 as PD DRDA(Dhalai).
On receipt of the notice from GA(AR)Department B.M.Singha called on Chief Minister Manik Sarkar on 26th November,2007 and clarified that the design of GA(AR)was a conspiracy and submitted a report to Nirode Chandana Personal Secretary of Chief Minister on 27th November,2007 at around 10.30am. B.M.Singha received charge sheet of proceeding No 137|TCS|08 from S.K.Panda, Disciplinary Authority, on the date at around 12.00 hours.
What is the gist of the proceeding?
B.M.Singha increased the wages of one Smt Saraswati Paul DRW, DRDA from Rs 500|-to Rs 1360|-then to Rs 1680|-per month without approval of DM &Collector (D) and of Finance Department.
The proceeding was based on the report of M.C.Datta DM &Collector (D) dated 11.09.2002. The report has been on the basis of a note prepared by Account’s officer DRDA (Dhalai) and of Narayan Das PD and successor incumbent of B.M.Singha in DRDA (Dhalai) from June 15, 2002.
B.M.Singha sought for personal hearing which Panda denied under plea of being late in the procedure of the proceeding.
After about three years prolong procedure the Inquiry Authority Mr. U. Venkateshralu Principal Secretary concluded the enquiry holding B.M.Singha not guilty of charges and submitted his report to GA (AR)Department on 12.10.2010.
The Inquiry Authority remarked that the prosecution could not produce any original documents on the basis of which S.K.Panda drawn the charges and the prosecution could not produce additional documents sought for by B.M.Singha, the delinquent officer.
Though the inquiry was concluded in October, 2010, the Disciplinary Authority did not close it until 19.01.2011.
The Select Committee meeting held on 31.12.2010 at Agartala. The state Government was represented by K.V.Satyanarayan I|c Chief Secretary and R.P.Meena Pr.Secretary. B.M.Singha called on K.V.Satyanarayan and handed over his letter dated 29.12.2010 that the proceeding was concluded.
Before that he met Manik Sarkar CM in morning and told to see that the Clarence was issued by then when DPC was slated to sit for selection of IAS from state cadre.
They (K.V.Satyanarayan and R.P.Meena) furnished wrong information to Select Committee that:-
1 That the proceeding instituted against B.M.Singha was pending.
2 The integrity certificate issued in favour of B.M.Singha has been withheld by state Government.
In fact on closure of disciplinary proceeding on 19.01.2011 by Disciplinary Authority, the vigilance Clarence was issued on 29.01.2011。
On 03.02.2011 the vigilance Clarence was withheld by state Govt as per order of Authority that during closing the proceeding the Disciplinary Authority did not take approval of Chief Minister as per standing order of January, 2004.
But surprisingly the happenings of February, 2011 has been figured in the minutes of UPSC dated 31.12.2010.As if the deliberate strategy and intention of state Government became evident.
B.M.Singha desperately requested GA(AR)and UPSC to act in such a way so that he could serve as an IAS, but in Notification of DoPT for IAS issued on 13.05.2011 he could not come out successful.
He moved CAT, Gauhati and CAT delivered verdict on 26.11.2012 directing to give consequential service benefit of IAS to B.M.Singha w.e.f 13.05.2011
On the other hand Govt before that asked B.M.Singha to proceed on retirement w.e.f.30.6.2011 at age 58 years knowing full well that his retirement age would be on 30.11.2013 at age 60 years as IAS.
At that time the Govt instituted second proceeding and communicated to B.M.Singha on 18.05.2011. BMSingha replied to G.K.Rao Disciplinary Authority details of the issues raised by 21st June, 2011。
Besides the remark “to be prudent in future while dealing with financial matters” of Disciplinary Authority of first proceeding was challenged in Gauhati High Court in WP226|2011 by B.M.Singha in May, 2011.
On 09.06.2011 Mr Justice Madan Lokur Chief Justice Gauhati High Court passed an order on the remark of Disciplinary Authority. So without getting the result B.M.Singha could not be asked to proceed on retirement. He asked Govt to release his integrity certificate if the remark was not punishment so that he serves as an IAS.
If punishment, as he is contesting in Gauhati High Court he should be allowed to continue in service even he attains retirement age as per provisions of FR 56 C.
But Govt kept mum. B.M.Singha proceeded on leave w.e.f.1.7.2011 until closure of the proceeding, case in courts.
B.M.Singha alleged against S.K.Panda and other conspirators for drawing false charges with fraudulent papers to Chief Justice, Gauhati High Court with copy to Chief Justice Apex Court on 12.04.2011. He made a copy to President of India (as President is appointing authority of IAS).
Neither the Gauhati High Court nor Apex Court did any action on his petition. But the office of President of India through a communication informed that his complaint has been endorsed to Chief Secretary, Assam for taking appropriate action as deemed fit on it. As nothing comes out he inquired the matter from Assam Secretariat and then submitted a comprehensive report to President of India through the Governor Tripura on 19.05.2013 the details of conspiracy by S.K.Panda and others.
The Central Administrative Tribunal, Gauhati Bench delivered verdict dated 26.11.2012 on OA of 2011 of B.M.Singha for giving effect of promotion to IAS w.e.f. 13.05.2011 with consequential service benefit. The verdict of CAT was communicated to Govt by B.M.Singha on 14.12.2012.
The state Govt without implementing CAT verdict challenged it in newly set up Tripura High Court in last part of March, 2013. On 2nd April, 2013 the Tripura High Court stayed the operation of CAT order.
On 3rd June, 2013 B.M.Singha wrote to Chief Justice against the judges of Tripura High Court that the time frame earmarked by Apex Court to complete all IAS promotion within six months (March 2011) has been violated.
The Judges declined to hear the case as B.M.Singha expressed his no confidence by his letter to Chief Justice, Supreme Court the judges held.
B.M.Singha moved Apex Court for disposal of his promotion case. By WP 914 of 2013 between Braja Mohan Singha VS the State of Tripura and others the state was summoned but they did not respond till November, 2014
The Apex Court orders on 02.12.2014 for hearing and disposal of the promotion case in Gauhati High Court transferring from Tripura High Court.
B.M.Singha lodged a complaint at Agartala P.S.on 21.12.2013 against S.K.Panda and others for criminal conspiracy against him to deny or delay his promotion by drawing false charges and thus they are liable to be prosecuted. Conspiracy is not within the ambit of any public servant, Minister or a judge and so no state immunity could be claimed by the persons involved in the conspiracy, B.M.Singha concluded.
In April, 2015 the case was listed for hearing in Gauhati High Court .But state did not represent.
B.M.Singha was grilled by RASMECCC, State Bank of India,Allahabad Bank,Bank of Baroda for liquidating outstanding dues to Banks amounting to lakhs and lakhs of rupees for Home loan, education loan of his two sons.
On the other hand he could not draw pension as per state service when CAT ordered for his consequential service benefit as IAS w.e.f.13.05.2011 till finalization of the case in Gauhati High Court.
Tripura Lok Adalot orders for clearing of dues to SBI by 31st March, 2016.Sri B.M.Singha wrote in November, 2015 to Hon’ble PM to look after this long standing issue .On 14.11.2015 he wrote Registrar, Gauhati High Court to see passing for an interim order in financial terms until finalization of this case in court for his sustainability as well as enabling him to fight for the Case for restoration of his fundamental right guaranteed in constitution of India under Article 16.
The office of PMO informed B.M.Singha that his grievances has been forwarded to Registrar, Gauhati High Court and also DoPT for appropriate action.
On 3.2.2016 the promotion case has been heard in Bench No 03 of Mr Justice T.Baipai and Mr Justice Monojit Bhuiya of Gauhati High Court. The Judges wanted to know from state representative the reasons for noncompliance of CAT verdict.
The state representative stated that on the DPC there was a proceeding pending and that was decided in favour of the public servant.
The Judges then remarked that as per rule he should have been given promotion to IAS.
The State representative sought for one week’s time. Date fixed on 18th February, 2016 for disposal.
To his surprise B.M.Singha observed on 18th February 2016 that the case has been transferred to Bench No 05 and Judges also different from Bench No 03.For paucity of time the case could not be heard on 18.02.2016.
On 22nd March, 2016 the case has been heard in Bench 03 of Gauhati High Court.
The state did not represent. The Hon’ble Gauhati High Court dismissed state WP in default of prosecution.
Interim stay order on operation of CAT passed earlier stands vacated the verdict passed.
Now what Manik Sarkar observed that he has been bewildered by his best counselor Chief Secretary S.K.Panda.
His clean image has been put in a great question mark in High Court?
If the complaint lodged at Agartala P.S. is registered an FIR what will happen to Manik Sarkar the CM?
So to safeguard he brought all officers involved in IAS conspiracy episode, in Tripura Administration
Namely S.K.Panda for drawing false charge against B.M.Singha and misguiding CM in non-implementing CAT order dated 26.11.12.
K.V.Satyanarayan and R.P.Meena for furnishing false statement to Select Committee meeting on 31.12.2010 on pendency of proceeding against B.M.Singha though it was closed by Inquiry Authority on 12.10.2010.
G.K.Rao for allowing to issue an order on 03.01.2013 for 1%cut from pension from B.M.Singha under plea of non-receipt of representation of BMSingha on enquiry report of second proceeding although the representation was received in his office on 06.08.2012.
Thus Tripura will witness the most critical chapter in Manik Sarkar administration in almost two decade how he handles the situation on implementation of CAT order awarding IAS to B.M.Singha when his Govt delays the implementation of CAT order in various pleas and B.M.Singha already crossed sixty years by now.
B.M.Singha in a note in June, 2013 requested Chief Minister to implement CAT verdict and close the second proceeding pending with G.K.Rao Disciplinary Authority.
In August, 2013 in a comprehensive letter to Chief Secretary G.K.Rao B.M.Singha urged for settlement of this issue outside of court. But none paid heed to the prayers and petitions of B.M.Singha.
Ultimately the laws of the land takes into action and settled the issue in favour of B.M.Singha as per law of the land. By this time this episode like a wild fire spread in whole country. He thinks that it was safer to go by laws only. The weapons in the arsenal of Government have been thrown against B.M.Singha and in retaliation his complaint in Agartala P.S. is fatal as much as a bombshell that if registered FIR the politicians if involved may seal their prospect for thirteen years if Election Commission received a charge sheet against any politician.
So this case is very important both for B.M.Singha and the clean chief Minister, Tripura.
So the role of S.K.Panda is crucial and his presence in Tripura is much felt by Chief Minister Manik Sarkar an highly placed source said. The following points are important to note:
1.The report of DM &Collector dated 11.09.2002 was settled on or before 29.05.2004 when B.M.Singha was promoted to Director, Economics & Statistics. Why then the said settled issue had been revived on 19.11.2007 by GA(AR) Deptt ?
- When Inquiring Authority closed the enquiry holding B.M.Singha not guilty of charges duly agreed by Disciplinary Authority on 19.1.2011 the reason for withheld of vigilance Clarence on 03.02.2011 from GA(AR) is not clear as there was no penalty imposed by Disciplinary Authority and obviously he followed Notification of September,2004 that in case of penalty only the Disciplinary Authority needs to process the file to Chief Minister. Then who within the Govt took the decision to withheld integrity certificate on 03.02.2011? S.K.Panda Chief Secretary or Manik Sarkar the CM?
- When CAT verdict dated 26.11.2012 was communicated to GA(AR)and GA(P&T)Deptt on December 14,2012 why the Government killed a considerable time by non-implementing the verdict ?
- The submission of B.M.Singha on enquiry report on second proceeding initiated and communicated to B.M.Singha on 18.05.2011, was received on 06.08.2012 in office of G.K.Rao Disciplinary Authority. Then what was the necessity for playing gimmick that on non-receipt of submission of B.M.Singha a provisional punishment order of 1% cut from pension of B.M.Singha was ordered from GA(AR) Department on 03.01.2013 ?
So the complaint of B.M.Singha dated 21.12.2013 if ordered for a CBI enquiry many untold episodes will be unfolded many highly placed people remarked.
Let us see the legal battle and how it is handled by Manik Sarkar the clean chief Minister of Tripura!