| Friends,
It is always a tough life when one chooses to live life as per one's own independent views, keeping one's head high. Yes, it is certainly a very tough life and not at all easy to follow one's heart and mind. In my own life, many a times I feel that if only I had made a few small compromises and had lowered my dignity before a few powerful people, I would have been able to live a much more comfortable life.
But alas, as the saying goes-"Old habits die hard" and now it is becoming more and more difficult for me to traverse a line that I don't find correct or appropriate. Those of you, who might have been witness to my long struggle for study leave, which I got only after eight Court cases, would vouch for the fact that living without salary for two years is not an easy proposition and yet I chose it because of certain principles I hold dear to my heart. One of the most important ones is that all of us must resist any kind of discrimination and must not bow down before illegality.
Now, I have got justice in another case where in Original Application No 177/2010 filed by me in Hon'ble Central Administrative Tribunal (CAT), Lucknow bench, it gave a judgement where it quashed the Charge sheet issued against me as being "in utter violation of rule 24(1) of the All India Services (Discipline and Appeal) Rules 1969".
The matter is related with Rule 10 of the All India Services (Discipline and Appeal) Rules 1969 under which disciplinary proceedings were started against me as SP, Deoria, way back in 1998-2000. Later a Departmental Enquiry was initiated against me on 27/10/2004 which was closed only on 25/05/2007.
Two years after closure of this enquiry, the State government restarted this enquiry on 22/05/2009. Instead of presenting anything from my side, I would like to present what the Hon'ble CAT said in its order. It has not only ordered the quashing of the Charge sheet that the State government had issued on 22/05/2009, as being against Rule 24, but has also said-"After all, a matter should come to an end. It cannot be an unending process for no fault of the applicant (Amitabh) and the sword of Damocles cannot be hung over an officer of the All India Service for an indefinite period on the whims and fancies of the State government, that too in violation of the rules. The matter is of the year 2000 which the respondents have kept pending for the last about more than ten years and nowhere is this delay attributable to the applicant" The Hon'ble CAT mentioned the fact that the applicant (me) himself drafted the pleadings and argued themselves himself before the Tribunal.
On the issue of discrimination, Hon'ble CAT said-"It is therefore difficult to understand that under what circumstances, different yardsticks are being applied for closing disciplinary actions against the aforesaid three IPS officers without consultation with the Union Public Service Commission vis-a-vis the applicant in whose case after the closer of Departmental enquiry, it has been reopened after expiry of stipulated period of one year in utter violation of Rule 24. It only leads to the conclusion that the State government while proceeding under Rule 10 is either not following the prescribed procedure under Rule 10 or is applying these yardsticks rendering the applicant to unfair trial."
I do understand that it is always difficult to choose a long and tough path but possibly, it always makes one feel more happy and satisfied at the end of the day, if his point of view has been vindicated and has been accepted and praised by Independent authorities.
I present my personal cases not to glorify myself in anyway but in an attempt to present live example of how any person can decide choosing an independent and rightful path and try to go on it without choosing shortcuts. I also want to make a point that though it might seem difficult but the pleasure and satisfaction we get in this way in unparallel. Finally, from my own example, I would also like to request all my friends that as long as all of us don't come forward to pursue our respective personal cases, no other agency or authority can give us justice, because every external agency needs the support of the affected person in finally delivering justice. Hence, it would be my humble prayer that instead of searching for external supports, let us each of us decide not to let go any matter just like that but shall follow it on the road of Justice. Yes, the pleasure on this road is immense.
Amitabh
Meerut
# 94155-34526 | 
No comments:
Post a Comment