In Haryana, you are punished if you fight
corruption!<http://www.toxicswatch.blogspot.in/2012/06/in-haryana-you-are-punished-if-you.html>
 *In Haryana, you are punished if you fight
corruption!<http://www.rediff.com/news/special/in-haryana-you-are-punished-if-you-fight-corruption/20120629.htm>
*
June 29, 2012 15:08 IST

Sanjiv Chaturvedi, an officer of Indian Forest Service in Haryana, has been
forced to go on leave for unearthing several scams worth several cores in
the forest department of the state. Gopal Krishna reports.
<http://2.bp.blogspot.com/-BI8dHWK-ogQ/T-2JjCZ6hOI/AAAAAAAAAR0/nnXhJxhIpoI/s1600/SANJIV%2BCHATURVEDI.jpg>
Sanjiv Chaturvedi, a Haryana cadre officer of Indian Forest Service, been
forced to proceed on earned leave from June 3. Chaturvedi is a
whistleblower who tried to resist and expose corruption in the Congress-led
government in Haryana.

It all started when Chaturvedi stopped the destruction of Saraswati
wildlife sanctuary, Kurukshetra, at the hands of influential contractors of
the state irrigation department in violation of Supreme Court orders and
provisions of the forest and wildlife laws. The destruction would have
happened due to construction of an irrigation canal through the sanctuary
without statutory clearance. It is noteworthy that Haryana's share of
forest cover is the lowest in the country. The Saraswati sanctuary is home
to about 200 hog deer. It is believed that Saraswati, the mythical river,
flows beneath the surface of the sanctuary.

Chaturvedi has been fighting back while remaining within the system but it
seems he is tired now. He has been forced to go on leave in spite of his
work getting support from many quarters.

The ministry of environment and forest said in March: "Having regard to the
advice of the Central Vigilance Commissioner and facts of the case…the
issues raised (by Chaturvedi) …are worthy of an independent probe by an
investigating agency."

The CVC has said on December 16, 2011, that, "The Central Bureau of
Investigation has now informed… that issues raised by Chaturvedi are worthy
of an independent probe." Even, CBI says, it is "willing to take over the
investigation of the matter… "

Chaturvedi's allegations against the Bhupinder Singh Hooda-led government
are worthy of investigations but still he has been transferred. Chaturvedi
received a new appointment order on March 26, for the post of deputy
secretary, All India Institute of Medical Sciences, New Delhi, with
instruction for immediate relieving from Haryana.

When Chaturvedi was not relieved, the Union ministry of environment and
forests sent a telegram on May 7 to the state chief secretary for immediate
relieving of the officer. This has not been complied with till date.

The ministry sent yet another reminder on May 21, but the chief secretary
still did not for relieve him. On May 31, secretary, Union ministry of
health, wrote a DO letter to the chief secretary for immediate relieving of
the officer in view of the urgent works to be undertaken at AIIMS as per
the recommendation of a parliamentary committee despite this the Haryana
government has chosen not to relieve Chaturvedi. Thus, the officer has
chosen to go on leave. The Haryana government doesn't want to relieve him
due to fear that once he goes out of the state he may speak out on the
issue.

>From Kurukshetra, Chaturvedi was transferred to Fatehabad on May 30, 2007.
Here Chaturvedi stopped the illegal expenditure of public funds, in
creating private assets in the name of a herbal park on the private land of
Prahlad Singh Gillakhera, an influential Congress politician, who was very
close to then Haryana forest minister Kiran Chaudhary and is now chief
parliamentary secretary, Haryana.

The state government had proposed to build herbal parks for
eco-preservation seven years ago. These plans have run into trouble. The
government has been busy investing crores of rupees on private land in the
village of the Congress leader although government land was available.

Chaturvedi was placed under suspension by the Haryana chief minister
without citing any reasons in the order on August 3, 2007. He was punished
for resisting corruption. In April 2008, a voluntary organisation Ekta
Parishad moved court in the herbal park case. In August, 2008 the Prime
Minister's Office sought a reply in the matter from the state but Hooda
government did not respond.

The state government transferred the management of the private land to the
forest department in February 2009 unmindful of the fact that transfer of
management under Section 38 of the Indian Forest Act, 1972, does not affect
ownership of the land.

Continuing its harassment of this honest officer, the Haryana government
issued a departmental charge-sheet to the officer for dismissal/removal
from the service on September 14, 2007. In a major embarrassment, the
suspension order of officer was revoked by the government of India on
January 3, 2008. It passed severe strictures against the state government.
Despite this, the Haryana government did not withdraw the chargesheet
because then forest minister Choudhry returned the file for further
comments which remained there till Choudhry was minister.

After the November 2009 assembly polls, Captain Ajay Singh Yadav succeeded
Choudhry as the state forest minister but nothing changed. An inquiry
officer was appointed in May 2010 -- three years after the charge-sheet to
ensure that Chaturvedi is not promoted, not sent on deputation or not even
be allowed to quit the service at a time when his next promotion was due.

Chaturvedi has been framed in concocted cases like stealing a Kachnar tree,
abetment to suicide and he was referred to as a 'person of a dubious
character' in the charge-sheet. After the suspension was lifted, Chaturvedi
was put in a non-cadre post which was stayed by the Central Administrative
Tribunal. He was finally posted as divisional forest officer, Jhajjar, in
January 2009.

Within one month in Jhajjar, he unearthed a fake plantation scam worth
several crores. A charge-sheet was served on 40 forest staffers, and 10
were suspended. Suspecting involvement of senior officers, Chaturvedi
insisted on a vigilance probe. Instead, the chief minister's office had him
transferred to Hisar in August 2009.

In Hisar, Chaturvedi unearthed yet another plantation scam and confronted
his seniors by repeatedly seeking permission to initiate criminal
proceedings for the embezzlement of public funds. In January 2010 when he
sealed a large plywood unit that had in collusion with senior forest
officers deposited Rs 26,000 instead of Rs 22 lakh as licence fee. The CMO
responded by declaring his post vacant when he was away on official
training in a foreign country for 18 days in March 2010.

Chaturvedi reported about large scale embezzlement of government funds
worth crores of rupees in the name of fake plantation, in Jhajjar division
in February, 2009. On the orders of the state information commission, the
office of principal secretary (forest), Haryana had to pay compensation to
Chaturvedi and had to concede in writing that he was framed wrongly in a
charge-sheet in April 2009.

In August 2009, the officer was transferred abruptly from Jhajjar to Hisar
(territorial) Division at the written direction of the chief minister, with
the order being officer specific, clearly showed that he was being removed
to soft-pedal the inquiry into the multi-crore plantation scam. In this
scam, 40 field staff, including five range officers
suspended/chargesheeted, on the report of Chaturvedi but no senior officer
was touched.

When his harassment continued, Chaturvedi submitted a detailed
representation on August 16, 2010 to the cabinet secretary, government of
India, about his harassment. This included 12 posting orders in five years,
illegal suspension, false police cases, a fabricated charge-sheet kept
pending for more than three years to deny promotion, deputation, etc. He
reported about the corruption and violation of rules cases exposed by him.
He made a submission to the President under Rule 25 of All India Services
(Discipline & Appeal) Rules, 1969 as well on August 30, 2010. As a result a
two member inquiry committee was constituted by the Union ministry of
environment & forest on the directions of cabinet secretariat on September
15, 2010.

The inquiry report of December 2010 found that the allegations made by
Chaturvedi were true and recommended quashing of fabricated charge-sheet
against him. The report recommended CBI inquiry into corruption/violation
cases in view of the direction involvement of chief minister's office,
certain ministers and senior bureaucrats including the younger sister of
the then Haryana chief secretary.

On January 9, 2011, based on the inquiry committee report, the departmental
charge-sheet issued to the officer by the state government was quashed by
the President. It was second such extraordinary intervention in just three
years and perhaps the first case in the history of independent India when
the President had to quash the charge-sheet, once again with severe
strictures.

It was observed that the officer was charge-sheeted for implementing the
orders of Supreme Court and upholding the rule of law and that the
charge-sheet was deliberately kept pending to block the promotion,
deputation, etc. Earlier, the President has quashed the suspension of the
officer. Thus, the Hooda government remains unashamed despite having been
snubbed twice by presidential orders.

When the charge-sheet was quashed, Chaturvedi applied for central
deputation in January, 2011. His case was forwarded by the state
government. Following this the Secretary, MoEF wrote a DO letter to chief
secretary for protection of the officer and for sending his case for
central deputation in September, 2011. .

Pursuant to MoEF reference, the CVC issued an advisory for protection of
Chaturvedi and stopping his harassment on July 13, 2011 but no protection
has been provided to him till date. On August 8, 2011, the CVC referred the
case of Saraswati wildlife sanctuary to the CBI for opinion. The CBI found
the case fit case for investigation on November 1, 2011.

The CVC approved the CBI's opinion on December 16, 2011 and asked the MoEF
to take up the issue of registration of the FIR and subsequent transfer of
case to CBI. The MoEF asked the Haryana government to register an FIR on
March 1, 2012 and issued the notification regarding the CBI investigation.
The corruption cases are likely to involve Hooda's office, his cabinet
colleague Choudhry and about a dozen IFS and IAS officers.

Underlining Chaturvedi's growing stature as an anti-corruption crusader, he
was invited by the prestigious National Police Academy, Hyderabad to
address the IPS probationers and to act as a resource faculty on
anti-corruption strategies on May 4, 2012.

In the meanwhile, Minister for Department of Personnel and Training V
Narayanasamy informed the PMO as per a confidential note dated on February
16, 2012 that Centre does not have jurisdiction to intervene in violations
of central acts in states or to protect whistleblowers even if the officers
belong to the all-India services. This note was cited by the Haryana forest
minister in the state assembly on March 6, 2012 in its defence against a
CBI probe ordered by the MoEF into the multi-crore forestry scams and
violations of forest and wildlife laws in the state.

The whistleblower, who has been facing harassment since 2007, has demanded
a CBI probe. The MoEF and CVC have conceded merit in the demand and
recommended a probe.

There seems to be more than mere questionable legal wisdom behind the DoPT
note that was leaked, found its way to the assembly, and ended up saving
the day for the Hooda government. On March 7, when the state wrote to the
MoEF arguing against the CBI probe, it defended its indefensible acts by
using the legally and constitutionally questionable DoPT note to stall the
imminent an CBI probe.

Is it not quite obvious as to why Hooda government is not relieving
Chaturvedi to take up the central assignment?

Revealing the current situation, the CVC asked the MOEF in March to update
it about the actions being taken. MoEF in its reply of March 23 observed,
"the action of the government was in the manner of regularising the
violation, ex-post" and dismissed Hooda government's claim. Prior to
Chaturvedi's move to go on leave in June, the PMO sought a report from MoEF
on May 3 about the implementation of the recommendations of the two-member
inquiry committee.

Chaturvedi in a letter on June 9 to Ajit Seth, Union cabinet secretary
wrote, "Because of the continuous harassment, victimization and witch
hunting being faced for past five years not only my personal life has been
devastated but it has also severely affected mental health of my aged
parents ,who are residing alone in Lucknow, and finally, I had to proceed
on leave from June 3,in view of my inability to sustain the torture
unleashed on me.

"Sir, this is the worst kind of witch-hunting and if the government of
India is sincere to the words delivered in the above mentioned speech at
civil services day, you are requested to immediately intervene to issue
appropriate directions to the Haryana government for my relieving and to
get entire episode enquired into by the CBI, as per the recommendations of
CVC, to fix the accountability in this case."

This officer's life and efforts appears to be in danger zone. Will it be
too late before the CBI concludes its probe and the PMO wakes up from its
slumber?
*
http://www.rediff.com/news/special/in-haryana-you-are-punished-if-you-fight-corruption/20120629.htm
*

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