Confidential

Memo No: ADGP Prov/ Con/ 01 Date 18-02-2013

To

Mamata Banerjee,

Honourable Chief Minister, West Bengal,

Writers’ Buildings, Kolkata-700001.

Through

1 The DG&IGP, WB Police Directorate, Writers’ Buildings, Kolkata-700001.

2 The Additional Chief Secretary, Home Department, Writers’ Buildings, Kolkata-

700001.

Ref: Her Letter Dated 03-02-2013.

Sub: Her wish on my birthday for my ‘happy, prosperous and long life’ and my

continuation ‘with meaningful contribution to the society through’ my ‘services’.

Madam,

On 03-02-2013 I received madam’s letter, mentioned above; and felt very bad;

because I had to pay a very high price for honouring her wish, as follows:-

Her Unexpected Call

It was in the Month of May 2009. I was returning to my residence from Writers’

Buildings, where I was posted as Additional Director General of Police on compulsory

waiting though more than one posts of ADGP (ADGP, CID; ADGP, EB etc) were lying

vacant.

Why was I posted as ADGP compulsory waiting while more than one posts of

ADGP were lying vacant?

That had a long history.

1

I pleaded for transparency and impartiality in the functioning of the Police

Administration of the state. It antagonised the then main ruling party, CPI(M). I was called

by the then Additional Chief Secretary, Home (Police) Department (better known as Home

Secretary) and was told that, being in the government service, I could not criticise the

policy of the government. I politely stated, “I did not criticise the ‘niti’ (policy) of the

government. I only objected to the ‘durniti’ (corruption) of the government. If government

declares that corruption is its policy, I am ready to face any penalty.” The government

could not declare so. It also could not prove that, I criticised the policy of the government.

But they were dissatisfied with me.

So they hatched a conspiracy to harass me.

The WB Vigilance Commission of the Government of WB under Buddhadeb

Bhattacharjee initiated an ‘inherently illegal inquiry’1 against me to teach me a lesson for

my pleading for impartial and transparent Police Administration. They were not disclosing

what the charge against me was. They were asking me to appear before the Vigilance

Commission. They were sending teams to my Kolkata residence, to my Murshidabad

residence, to my banks and other places. The members of the teams were telling the people

around that, they had come to conduct vigilance inquiry against me. There were news items

about it in both print and electronic media.

When I went to the court, Honourable Justice Tapen Sen of Calcutta High Court

passed an order that the State Government would furnish if there was any material against

me, through Home Secretary, and then I should explain it to him.

I submitted prayer to the State Government to furnish me the material, if anything

was there against me. About two years passed after the judgement. I did not get any

response. I submitted my second writ petition to the Honourable Calcutta High Court in

the month of February 2008.

The copy of my writ was served on respondents on 27-02-2008 and on 08-04-2008

their counsel stated in the court of Honourable Justice S P Talukdar that, the government

1 The Honourable S P Talukdar of Calcutta High Court, in his judgement, termed the inquiry started against me as ‘inherently illegal’.

2

had closed the inquiry against me. He submitted a copy of order dated 07-03-2008 of Mr P

R Ray, IAS, the then Additional Chief Secretary, Home (Police) Department.

In his order dated 07-03-2008, Shri P R Ray, IAS, then Additional Chief Secretary,

Home (Police) Department) specifically stated that, the starting of the inquiry was not as

per law, and there was no material to continue the inquiry.

In his judgement dated 25-06-2008, Honourable Justice S P Talukdar of Calcutta

High Court ordered to pay me, as a symbolic recognition of wrong done to me, a token cost

of rupee one and asked to deduct the amount from the salary of the person responsible for

initiating the ‘inherently illegal inquiry’.

They paid me one rupee in cheque, but went in appeal against the order. The

Division Bench of Honourable Chief Justice S S Nijjar and Justice S Banerjee disallowed

their appeal and their prayer for stay of the order.

Immediately I was transferred to more insignificant post of IGP, Welfare.

As I usually do, I joined my new place of posting immediately on 14-04-2008. The

post was of a staff officer to DGP. But the office was situated at Santiniketan Building, 8

Camac Street, Kolkata-700017, far away from the office of DGP at Writers Buildings,

Kolkata-700001. Moreover, the office of DIGP, Welfare was in Writers’ Buildings. Thus all

the files of welfare were being endorsed to him and he used to put up the files to DGP,

through some ADGP in the Writers’ Buildings. The only work left to the IGP, Welfare was,

if directed by the DGP, to attend the wounded police personnel in hospital and the

bereaved families of police personnel who died on duty. This was more problematic

because, the family members of the dead or wounded police personnel would contact IGP,

Welfare for all type of payment and appointment of near relative on compassionate

ground. But IGP, Welfare had no power to expedite those, except only requesting the

dealing staff. He had also no personal staff like PS/ Steno. This was humiliating. Yet I was

transferred to that post, though I was about to be promoted to the post of ADGP, very

soon.

3

On promotion, I was posted to one more insignificant post of Director of

Prosecution. On 20-01-2009, the Home (Police) Department issued notification placing my

service in the Judicial Department for my posting as Director of Prosecution. On the same

day promotion orders of some other officers were issued. As these were promotion

postings, they immediately joined their new places of posting. Some officer junior to me

also joined as ADGP. But I could not join. The Judicial Department did not issue the order

of my posting as Director of Prosecution till 28-01-2009 afternoon. I could join the new post

only on 30-01-2009.

More was in store for me. After verification of the relevant papers I found that my

posting was illegal. After the 2005 amendment of the Criminal Procedure Code, only a

person with experience of 10 years practice can be posted as Director of Prosecution. So if

the government wanted to post me there they would have to amend the CrPC. But the

government had not done it. So either the CrPC should be amended or I should to be

posted out. I wrote to the government accordingly. I did not get any response.

The response came from unexpected quarters. One advocate with the required

experience went to High Court against my posting as Director of Prosecution.

Before the beginning of hearing of the writ of the advocate, I was posted out, but

posted as ADGP on compulsory waiting, though more than one posts of ADGP were vacant

then.

It showed the intention of the government to humiliate me very clear.

They could not digest that the government was compelled to order the closure of the

Vigilance Inquiry against me. They could not like that they had to pay a token cost, as a

symbolic recognition of wrong done to me.

They were habituated to think that they could do whatever they like to do – right or

wrong, legal or illegal. They were either in power or were the oiling masters of those who

mattered. So whatever they liked to do was right. If anybody dared challenging their sweet

will, he would have to pay the price for that.

So, there might be 2/3 posts of ADGP vacant. But he would be posted as ADGP on

compulsory waiting.

If he is posted in a regular post, how could he understand that the persons in powers

and their oiling masters did not like his disloyalty?

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So I was posted as ADGP on compulsory waiting, though more than one posts of

ADGP were vacant.

It was after 16 May 2009 on which date the result of the Parliamentary Election was

out. Out of 42 Parliamentary seats, 19 were won by Trinamul Congress, 6 by Congress, 1

by SUCI, 1 by BJP (backed by GJM) candidate, and Left Front reduced to only 15. It was

before 24 May on which date the second UPA Government under Manmohan Singh took

oath. It might be 22-05-2010. It was in the afternoon. It was after 1730. I was ADGP on

compulsory waiting. But used to go to Writers’ Buildings before 1000 and continued to

remain present there till 1730.

After 1730 I was returning to residence. In the way I went to the office of the

Kolkata Municipal Corporation. The then Mayor was a practising advocate at Calcutta

High Court. So he would come to the office in the afternoon. So all officers would come late

and stay up to late hours. I, as Chairman of Basantapur Education Society, met the Mayor

and as per his advice submitted an application for the allotment of a plot of land for the

construction of a Kolkata Centre, for which we had been appealing to the KMC since 29-

07-2005.

The vehicle was running. The mobile phone2 of my security guard rang. He

answered the call. After few words he handed over the set to me, “Sir! He says, ‘Mamata

Banerjee wants to talk to you’.”

I took the set. An anchor of a popular Bengali news channel wished me, gave his

identity and told, “Didi wants to talk to you.”

“I am in a vehicle. Give me her number. On return home, I shall dial her.”

“But she wants to talk to you immediately. Please talk.”

She began to talk, “CPM is not giving any work to an honest officer like you. They

are not giving any good posting to you. Now they have kept you without any work. I want

to utilise your service. Come to Delhi.”

I was thinking what to be told. She added, “So many officers are coming to me. In

your case, I am calling you. You come.”

2 Still then I had no mobile phone.

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I was not at all prepared for such a call. I did not know her well. When her book

‘Upalabdhi’ was published, she sent me a copy3 and wanted my view. And now, this was the

second call.

I was also thinking of going to Central Deputation.

The State government led by CPI(M) was harassing me like anything. In my every

step, I had to be very careful, calculating how the attack might come. It was intolerable.

But there was no way out. I could not conform to their demands. That was more than death

of an honest, impartial person.

I contacted the Director, CBI and submitted an application. He asked me to come

through proper channel. I submitted the application. The State Government, for reasons

known to them, did not forward the same.

I thought, there are some cases of them in the hands of CBI. So they might not want

my posting in CBI. I contacted the DGP, BSF, through my batch-mate, K L Meena. When

the DGP, BSF came to Kolkata, I got his appointment and met him. He also advised me to

come through proper channel. But again, the State Government did not forward my

application.

Yet, I could not agree to her proposal readily.

She gave me the proposal to work with TMC ministers, who were going to be sworn

shortly. I had reservation about my ability to be comfortable with them. Most of the

politicians, seen by me were found to be dishonest; and wanted their personal staff to co-

operate with them in their corruption.

I told her, “I am connected with some educational institutions like Schools and

Colleges at my native village. From Kolkata I can keep some eye on these. If I go to Delhi,

these will suffer.”

“Whenever you feel necessary you go. But you come.”

The conversation went on like this.

Next day, there were news in both print and electronic media about her phone to me

and my going to Delhi, though still I did not agree to her proposal. Some went ahead.

3 When my books on similar subject were published, I also sent copies to her.

6

Letters were printed in newspapers, giving thanks to Mamata Banerjee for appreciating

the honesty of mine.

After that once the call came from Jayanta Saha. After preliminary talks, he told me

to talk to didi. Mamata Banerjee asked me to agree.

When again the phone came I could not disagree.

Doldrums in Delhi

Mamata Banerjee, the then Minister of Railways, Government of India, telephoned

me more than once and asked me to agree to her proposal to join her in the Central

Government. Ultimately, when I agreed, I was posted as Executive Director, Security,

Railway Protection Force, Railway Board, by the Ministry of Railways.

I was released from the post of Additional Director General & Inspector General of

Police, Traffic, West Bengal Police by the Government of West Bengal headed by the then

Chief Minister, Buddhadeb Bhattacharjee of the Communist Party of India (Marxist),

which was the main partner of the ruling Left Front consisting of CPI (M), CPI, RSP,

AIFB, and SP on 19-01-2010 afternoon. On the same afternoon, I set out for New Delhi

bound Sealdah Rajdhani Express, scheduled to reach New Delhi Railway Station at about

1020 on 20-01-2012. But the train reached the New Delhi RS at about 1930 on 20-01-2012,

that is, more than 9 hours late. I straight went to the Rail Bhavan, 1 Raisinha Road, New

Delhi and joined the post.

As the post was new, there was none to hand over the charge of the post to me. I

simply assumed the charge of the post.

When Mamata Banerjee was so much eager to take me, I thought she must give me

reasonably good posting. But to my utter surprise, I found something else.

On joining the post, I found that, Security (RPF) Directorate of Ministry of Railway

was governed by Railway Protection Force Act, and Railway Protection Force Rules,

framed under the act. There were posts like DG, ADG, IG, DIG etc in Railway Protection

Force Rules framed under Railway Protection Force Act; but there was no post of

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Executive Director, Security. So the creation of the post was irregular, and without any

sanction of law. The Executive Director, Security had no power under RPF Act and Rules.

This might be the result of either her ignorance about the laws of the ministry or her

mala fide intention to post me in an illegal/ irregular post. From her experience and

educational qualification the second is more probable. The subsequent events also point to

that.

Mamata Banerjee was not the Minister for Railways for the first time. Previously

also, she was Minister of Railways in the Bharatiya Janata Party led National Democratic

Alliance (NDA) Government in the centre. She had also experience in other ministries of

the Central Government.

She joined Indian National Congress Politics in the 1970s. She was made a Minister

of State of Human Resource Development, Youth Affairs & Sports, and Women & Child

Development in the Narasima Rao Government, in 1991. In 1997 end she left INC and

formed All India Trinamul Congress on 01-01-1998. She joined NDA and became Minister

of Railways after the 1999 Parliamentary Election. In 2001, after Tahelka expose, she left

NDA and joined hands with INC for 2001 West Bengal Assembly Election; but could not

unseat the Left Front Government. In January 2004, she returned to NDA and became

Minister of Coal and Mines. In the Parliamentary Election in 2004, she became the only

MP from her party. Before the 2009 Parliamentary Election, she again joined INC led

UPA. Her party got 20 MP and she became Minister of Railways for the second term.

When she created the post she had already 6 months experience as Minister of Railways in

her second term.

It was discovered that the East Georgia University from which she had claimed to

obtain her doctorate degree was non-existent4. Thus her doctorate degree might be fake.

But her law degree was not fake.

So it was unlikely that she did not know the laws, and rules and regulations of the

Ministry of Railways.

Thus she created, for me, the irregular post deliberately, so that, I would have no

authority in the working of the ministry.

4 www.wikipedia

8

Then why was she so eager to take me in her ministry?

Not because, she was fond of honesty and uprightness of me, but only for getting

more votes in the ensuing West Bengal Assembly Election in 2011. I had the image of

honesty and uprightness among most of the voters in the state. The CPI(M) led Left Front

Government harassed me in many ways. It also started an inherently illegal inquiry by

Vigilance Commission against me. When I went to Honourable Calcutta High Court

against it, the State Government was ordered to pay Re 1 cost as a token recognition of

wrong done to me. In the media, it was reported that, the State Government was fined by

the High Court, for harassing me. So, most of the voters were happy, when the media

stated that she was honouring me by offering me a good posting in the Ministry of

Railways. Some even wrote letters to newspapers expressing their gratitude for giving me a

good post.

But what I joined was not a good post at all. It was only a post for getting the

monthly salary. The post had no duty to perform.

I met the DG, RPF, Ranjit Sinha, IPS and discussed the matter. I told him that, I

should be designated as IG5, RPF, if I was to work in RPF/ Security Directorate. If I was

designated as Executive Director, I should be placed in a directorate, where there was the

post of Executive Director. He agreed with my argument, but did not agree to talk to the

minister on the matter. Then I personally met the minister and stated the fact. She tried to

make me understand that, re-designating me would require the approval of the DOPT,

which she wanted to avoid. Rather she would take me in her secretariat.

On 10-03-2010 an order was issued under the signature of Deputy Inspector General

(Administration) of the Security Directorate that I should work directly under the Minister

of Railways.

It was another irregular order.

The Ministry of Railways was headed by the Minister of Railways assisted by the

personal staff (like PS etc) in the ‘MR Cell’.

5 Though I became ADGP in the state, I was still IGP in the centre.

9

The Secretariat of the Ministry of Railways was the Railway Board, consisting of the

Chairman (Ex-officio Principal Secretary to the Government of India) and the Members

(Ex-officio Secretaries to the Government of India).

Under the Secretariat, there were 44 Directorates. Security Directorate was one of

the directorates. So, Security Directorate had to follow the order of the Secretariat. The

Security Directorate could submit some prayer to the Secretariat. It was not within the

authority of any officer of the Security Directorate to issue such an order. I pointed out this

to the DIG(A), DG RPF, and others.

As a result, on 12-03-2010, an order was passed, by the Secretariat, to the effect that,

I should directly report to Minister of Railways (MR) and advise her in the matter of

Security and Intelligence.

On scrutiny, it was found that, there was no post of Executive Director, Security in

the ‘MR Cell’ also.

Order was passed that, I should be directly report to Minister of Railways (MR) and

advise her in the matter of Security and Intelligence. But there was no internal order that,

the file relating to security and intelligence to and from the Minister of Railways would

pass through me. So no file was coming to me.

Naturally, I had no function, except when the Minister of Railways gave me some

ad-hoc work.

So, I was neither in the Security Directorate nor in the Minister of Railways Cell. I

used to come to the office at 0900 and leave at 1730. On the dates, when MR came to Office,

I used to leave office only after the Minister had left, which was on some days midnight.

But my duties were not defined. So I had to face humiliation at every step. I am

giving some examples.

On 12-03-2010, the Joint Secretary, Railway Board, with the approval of the MR,

passed the order that I shall ‘assist the Hon’ble MR in all matters relating to security and

intelligence issues of Ministry of Railways and report to her directly’.

On 15-06-2010 I submitted to the Secretary, Railway Board, a prayer for permission

to attend a function.

10

The Secretary wrote back, “Please put up the proposal to DG/RPF as he is the

appropriate authority.”

The office of DG, RPF refused to accept the prayer, on the ground that, there was

no post of Executive Director, Security in the Security Directorate, and I was assisting MR

and reporting directly to the Minister.

So the procedure for permission was not available to me.

When I wanted to submit my prayer for accommodation, the office of DG, RPF

stated that, as I was working in the MR Cell, I should not seek allotment from General

Pool; but seek allotment on priority basis. Accordingly I submitted my prayer dated 17-09-

2010.

But the Deputy Secretary (G) wrote back to me that, I did not fall in that category.

On 18-10-2010 evening, I received a letter dated 11-10-2010 from IG,

Administration, RPF that, ‘Indian Railways along with International Union of Railways

(UIC) is organizing a Seminar on ‘Security Challenges and High Speed Development’ on

20th and 21st October at Hotel Taj, Mumbai. … You are cordially invited to attend the

Seminar”.

I was Executive Director, Security.

The Indian Railways, along with International Union of Railways, was holding the

seminar on security challenges.

I did not know anything about it.

I was getting the invitation at the last moment.

Was it not an utter humiliation?

Yet I decided to attend the seminar.

But there was none to grant me the permission for reasons already stated. So I could

not even attend the seminar!

I had to suffer humiliation even on the last day of my posting there.

When, on the request of the State Government, Ministry of Railways passed the

order for my release, I wrote to the Secretary that, I would hand over charge on 21-06-2011

11

afternoon. I may kindly be informed to whom I should hand over the charge. But even on

the last date I was not informed.

I contacted the Secretary. He advised me to contact DS (G). He stated that the file

had been sent to DG.

DG advised me to contact the IG, Admn. He referred back to the Secretary.

I again went to his office. I could not know whom to hand over charge even at the

time of my pre-determined departure.

So I simply signed as officer handing over charge and left the office

unceremoniously.

I have been suffering till to date. I submitted my PAR for the year 2010-2011 on 04-

04-2011. The cut-off date for disclosure was 15-09-2011. But the PAR has yet not been

disclosed to me.

When I pointed out to MR that, though I was posted to assist the MR in Security

and Intelligence, there was no procedure by which the files relating to these would come to

me, she directed the OSD present there to get the necessary order passed, and asked me to

give a note to the OSD next day about what to be done. As per direction, I handed over the

note to the OSD the next day (on 26-10-2010).

I was there till 21-06-2011.

In the long eight months nothing was done.

The very definite direction of MR to her OSD was not carried out. So her assurance

to me proved to be not true. And I had to go on suffering humiliation.

This was why the assurance of issuing re-designation order ‘consequent upon’ my

‘joining’ the post of OSD (Co-ordination) in the Home Department, Government of WB

could not assure me. The clear assurance of the then MR, Mamata Banerjee, in presence of

her personal staff (OSD), Gautam Sanyal, was not fulfilled in the eight long months. The

same Mamata Banerjee was the Chief Minister & Minister in charge of Home (Police)

Department and the same Gautam Sanyal was her Secretary.

12

Mirror of Mumbai

There was some background of not allotting any work to me.

A Self Contained Note Dated 18-03-2010 from Rishi Raj Singh, Joint Director,

Zone I, CBI, Mumbai, about the corrupt activities of an IPS officer, then working as Chief

Security Commissioner, Central Railway, was received by the Ministry of Railways on 22-

03-2010. The paper was endorsed to me. I wanted to know the views of Minister of

Railways. So I went to her chamber, showed the allegations, and wanted her views.

Minister of Railways, Mamata Banerjee told me very boldly, “Sidhu is very corrupt.

Suspend him. Throw him out.”

I thought that, she was very unhappy with the corrupt practices of the IPS officer

and wanted firm action against him. I began the probe very sincerely. I verified the

allegations and consulted the relevant rules and regulations.

The allegations against him were very grave. Some of these were:

i) He got a RPF Head Constable of Mumbai Division dismissed by Sr D S C, Nagpur

Division. The CSC was allegedly collecting bribe. He terrorised those, who did not

fall in his line. For this he wanted to dismiss the RPF HC of Mumbai Division. His

Disciplinary Authority was Sr D S C, Mumbai. As he was not pliable enough to

agree to dismiss the particular HC, the CSC, going beyond his power, appointed the

Sr D S C, Nagpur the Disciplinary Authority and got the HC dismissed. It may be

mentioned here that, Disciplinary Authority is prescribed by the RPF Rules, under

the RPF Act; and CSC has no power to amend that. Thus his action was outright

illegal and demanded exemplary punishment.

ii) A RPF Inspector was arrested in a CBI raid. The CBI prayed for his sanction for

prosecution. He refused it. CBI referred the case to Central Vigilance Commissioner

(CVC). The CVC not only advised to give sanction, but also asked to initiate Major

Penalty Proceeding against the Inspector. But he neither gave sanction for

prosecution nor initiated Major Penalty Proceeding against the Inspector.

iii) Another RPF Inspector was arrested by the CBI. He stated that he had paid Rs 1.5

lakh bribe to the CSC on a particular site on a particular day.

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iv) He recommended for DG’s insignia to another Inspector, who was arrested by CBI

and case of disproportionate assets was started against him.

There was documentary evidence to prove these and other corruption charges

against him. Yet he was given extension beyond his normal tenure.

This was very unusual.

For extension, the recommendation of the Railway Ministry was a must.

The records showed that the officers of the Central Railway, the RPF/ Security

Directorate, Vigilance Directorate and the Railway Board were aware about the allegations

of gross corruptions and irregularities committed by him.

Yet recommendation was sent for his extension beyond normal tenure.

I wanted to go to Mumbai to collect more evidence.

The OSD to MR, Gautam Sanyal stated to me that, as the Municipal Election was

near, the MR wanted me to be available near her and did not want me to go to Mumbai

then.

So I collected as much evidence as possible from New Delhi itself and prepared the

papers as per rules.

There was a specific Office Memorandum about the procedure for suspension and

disciplinary proceeding against an All India Service officer, who was posted in any

ministry of the Central Government, other than cadre controlling ministry. As per that

rule –

I) If the Ministry of Railways wanted to start a disciplinary proceeding against the IPS

officer (for whom the cadre controlling ministry is MHA), it will have to

(i) obtain the preliminary explanation from him,

(ii) take the advice of CVC,

(iii) take the approval of Minister of Railways, and

(iv) send to MHA the draft charges, statement of imputations and two sets of

certified documents to be used.

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II) If the Ministry of Railways wanted to get him suspended, it should write to MHA

with the relevant documents.

So I prepared the Draft Charges, Statement of Imputations and 2 sets of documents

to be used; and submitted the file.

The DG, the Secretary, the Member Staff, and the OSD to MR discussed the papers

with me. I personally told the OSD to MR that, as the MR had specifically asked for the

suspension and dismissal of the IPS officer, I wanted to brief the MR about the actions to

be taken. The OSD told me, “Let me discuss first. Then I shall call you.”

But I was never called.

I came to know from some staff there that:

(i) The officers of Ministry of Railways did not send the Draft Charges, Statement

of Imputations and 2 sets of documents to the MHA.

(ii) It also did not pray for his suspension.

(iii) On the contrary, they arbitrarily and illegally released him prematurely from

the Ministry of Railways without taking any approval of the MHA (Cadre

Controlling Authority for IPS officer), and the DOPT (Approving Authority for

deputation and repatriation of IPS officer of and above the rank of IGP).

(iv) They simply wrote a letter to the MHA/DOPT citing some minor irregularities

committed by him and his release from Ministry of Railways.

It was reported that, this was done to save him; and was done after taking a hefty

amount. It was reported that, the concerned CSC was not giving enough bribe to the

persons in MR Cell, who really mattered. So they were keen to collect evidence against him.

So the complaint against him was endorsed to me, because there was no possibility of his

bribing me for settling the matter. Once he paid enough, they became eager to protect him.

I was also told that, the MHA and DOPT wanted to know, how they had released

him prematurely without the approval of MHA and DOPT.

I was shocked. I wanted to see the file.

The OSD stated that the file was with IG, Administration.

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The IG, Administration stated that the file was with the OSD.

In this way, they avoided showing me the file.

It made me inclined to think that, the allegation of payment of hefty amount might

be true. To make me to believe the allegation, some persons handed over to me some

documents, which included CDs. In one of the CDs, a high ranking RPF officer was very

clearly discussing the bribing the Railways Ministry. The amount referred to was a few

lakhs of rupees.

I reported this matter to the OSD to MR, Gautam Sanyal and the Secretary,

Railway Board, S Rakshit; and requested them to watch the CD to realise how Railway

officer was discussing giving bribe to the Ministry.

The OSD did not agree to watch the CD.

The Secretary came to my chamber, watched the CD and went out without uttering

a single word.

Nothing happened.

Till then I was under the impression that Minister of Railways, Mamata Banerjee

was not personally involved in the collection of bribe from him. There was a grape vine

that, the impugned IPS was telling his confidents that, he had given lump sum donation to

didi’s election fund; and so nothing would happen to him.

So I decided to report the matter to Mamata Banerjee.

But, by this time it was difficult for me to meet her.

In the beginning I used to enter her chamber straight. After some time, Gautam

Sanyal once told me that, MR was telling that, it was better to seek permission. I told him

that, it was not a problem. In future, I should inform him for her permission. But later on I

realised that, it was done to cut my access to the MR, might be with the consent of the MR.

From the very beginning, I noticed that, the staffs of the MR Cell were constantly

suffering from insecurity mania. So they used to do many things, which were supposed not

be done.

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On 25-01-2010 evening, that is, in the first week of my joining there, I expressed my

willingness to meet the MR, who had gone to New Delhi. One Additional Private Secretary

told me that, they had talk with her about that. She told them to ask me to do my work. She

will call as per her convenience.

I was not convinced. I went to her residence.

No sooner had I reached her flat than I got the call from the Private Secretary that,

she was in Rail Bhavan, and she wanted me to meet her.

I came to Rail Bhavan and met her. During discussion, it became clear to me that,

the Additional Private Secretary did not tell me the right thing. She wanted to meet me on

her very arrival there.

But the staffs there were not in a mood to arrange that until she specifically asked

them to call me. They did not want my access to her.

The suggestion for permission was another such step.

On 25-02-2010 morning I intimated the OSD that I want to meet her. He passed all

the day taking time after time and at night told me, “Tomorrow Nazrulda’s work is first. I

shall call you. You need not remind me.”

I did not remind him. He did not call me. When at night she left Rail Bhavan, I

realised that, he did not want me to meet her.

It was painful.

Next time I decided to take the formal appointment. Additional Private Secretary,

Ratan Mukherjee used to fix the appointment for meeting her. I requested him for fixing

the appointment. He noted my name in the notebook and asked me, “Sit in your room. I

shall inform you.”

It was 03-03-2010. I was waiting in my room. He did not inform me. When the

indicator light in my room indicated that she had left Rail Bhavan, I also left for residence

with a bitter feeling.

Next time I sent direct SMS to her that, I wanted to meet her. She replied that, next

time. When she came to New Delhi next time, I again sent SMS. There was no reply.

17

As I decided that, I should personally report the matter to the MR, Mamata

Banerjee, next time, when she came to New Delhi, I entered her room as before, without

taking any appointment or permission.

I reminded her that, she wanted me to inquire the case in such a way that, he could

be suspended and dismissed from service.

But people around were saying that, he was let off in lieu of hefty bribe to the ministry.

She commented that, he might refer to giving bribe to some person in the Rail

Bhavan, and surely not to any person in the ministry.

I clarified that, the CD was clear enough to indicate the Railways Ministry, meaning

her and her personal staff like OSD, PS, EDPG.

At this she became very much agitated; called OSD, Gautam Sanyal; and rebuked

him like anything for not adhering to my suggestion.

I was expecting that, this time the matter would be regularised.

But to my utter surprise, nothing was done. The file was not even shown to me.

From the circumstances, it appeared to me that:

(i) In the concerned case I was used by them to collect more bribe from the CSC;

(ii) I could not do what I should have done simply because my posting was irregular

and there was no procedure prescribed for the files to and from me, for which I

prayed long back; and

(iii) Minister of Railways was at least not unaware of the alleged collection of the bribe.

After some time, the next Secretary, Mr Gupta called me to his office to sort out the

issue.

When I wanted to see what the Ministry of Railways had written to MHA/ DOPT,

he expressed his inability.

When I wanted to see what the MHA and DOPT have written to the Ministry of

Railways, he again expressed his inability.

18

I wanted to see what the Minister of Railways had written in the file, he again

expressed his inability.

Thus without showing any relevant paper, he wanted to sort the issue out.

It appeared to me that, he had been instructed to compel my consent to the illegal

steps taken by them.

At one stage he even uttered that, I was not the only conscience keeper in the

Ministry.

Then I was compelled to give my opinion in writing and take a receipt for that.

Return to Writers’

In his Memo No 91-CS/2011 Dated 25-05-2011, addressed to the Union Home

Secretary, the Chief Secretary of WB requested for my pre-mature repatriation from

Central Deputation on the ground that, my services would ‘be required in the State for an

important assignment commensurate with his seniority and experience’.

It took long time for releasing me from the Ministry of Railways.

I was not sure, whether mistakenly or deliberately, the Ministry of Railways wrote

to the Ministry of Home Affairs to take the approval from the Department Personnel and

Training for my release.

I pleaded to them that, it was the Ministry of Railways, which had taken the

approval, from MHA and DOPT, for my deputation to the Ministry of Railways. So,

Ministry of Railways should seek the approval for my release.

But the Ministry of Railways did not write to DOPT, before MHA, in writing, stated

that Ministry of Railways would have to seek the approval of DOPT.

The DOPT called me. They stated that, State Government had requested for my

premature repatriation to the state. They wanted to know, whether I was willing to be

repatriated. They also reminded me that, if was willing, I should not be able to come to

Central Deputation for a period of the remaining period of this deputation plus some

penalty. I calculated that, if repatriated to state, I should never be eligible for come to

Central Deputation, in my remaining service life. But I had no way to back up.

19

After the West Bengal Assembly Election, when Mamata Banerjee went to Rail

Bhawan, I made a courtesy call to her. She wanted to know whether I wanted to return to

state. I consented. So there was no opportunity of my saying ‘No’. I had already given

consent to the CM.

I told them that, I was willing.

They sent the approval to the Ministry of Railways.

On 20-05-2011 Mamata Banerjee, along with other ministers, took oath as Chief

Minister of WB.

Being released by Ministry of Railways, Government of India, I handed over charge

in New Delhi, on 21-06-2011 afternoon.

\ On 22-06-2011 forenoon I reached Kolkata and reported my joining to the CS

through DGP, WB and Additional CS, Home (Police) Department, WB.

On 23-06-2011 afternoon, I was called by the Chief Minister in her office chamber,

taken to the sitting place of Gautam Sanyal, and gave the proposal to make me the

Chairman of Wakf Board.

The post was not meant for a serving IPS officer of ADGP rank. Only once one

promoted IPS officer was made chairman of the Wakf Board. That was also after his

retirement as DIGP. I was a serving IPS officer of ADGP rank.

Moreover any MLA or MP or Retired Officer might be appointed as the chairman

of the Wakf Board.

Thus by proposing me to make the chairman, she wanted to deprive both me and

another person, who could be made the chairman.

She wanted to deprive me from the high posting in the administration. At the same

time, she wanted to deprive the MLA/ MP/ Retired Person from the post of chairman.

I expressed my unwillingness for the post.

She stated that, it was needed for the development of the Muslims.

20

I politely told her that, the role of Wakf Board in the development of Muslims was

only marginal. The most urgent need of the Muslims was modern education. If she wanted

the development of Muslims by me she could post me in the Education Department.

“How is that possible?” she asked me.

I told her, “I am ADGP. The corresponding secretariat rank is Principal Secretary.

The Higher Education Department is headed by Principal Secretary. The School Education

Department is headed by Secretary. If you can post me as Chairman, Wakf Board; you can

post me as Principal Secretary School Education or Higher Education Department.”

She became defensive. She returned to her chamber.

She sat on the chair and said, “Let me think.”

I left.

On 27-06-2011, when I went to the office of the CM, Gautam Sanyal, in presence of

Ratan Mukherjee told me, “You may be made Secretary, Civil Defence or Non-formal

Education. You may also give further choice.”

I told him, “I had the discussion with CM. Let her decide.”

Gautam Sanyal told, “It will be better if she does not see you here. She was telling,

‘Even the ministers do not say no to my proposal. He directly said no to me.’ She could not

like it.”

It hurt me much.

I was born and brought up in the state. I was a serving IPS officer of ADGP rank.

Its corresponding rank was Principal Secretary. I went to New Delhi for a short time; and

that also on the request of the present CM. He was a member of Central Secretariat

Service. He was Joint Secretary there. At best, he could be made Secretary here. He was

telling, “It will be better if she does not see you here.”

I realised that, it was beyond dignity to talk to them. They had no sense of dignity.

They were ready to go to any low to please the CM.

I saw their flattering.

Once, in my presence, Shri Sanyal was saying, “So many IAS and IPS officer could

not solve the problem. Didi solved it just in a minute. Didi knows magic.”

21

It appeared to me that, they always do research to find out how to please her.

Mamata Banerjee wanted that CBI should take up the investigation of the

Jnaneswari Incident. She expressed her desire to the then Union Home Minister, P

Chidambaram and Prime Minister, Manmohan Singh. The Union Home Minister, P

Chidambaram wrote to the then WB Chief Minister, Buddhadeb Bhattacharjee for his

opinion. Buddhdeb Bhattacharjee stated that, the CID investigation was progressing well

and there was no need to hand over the case to CBI. So the case was not being taken over

by CBI as per her wish.

I was then in WB. She sent me there for some work. I saw the report in the

newspaper. Immediately I remembered that, in the Delhi Special Police Establishment Act,

by which the CBI was guided, had a section. As per this section, any case on the Railway

Area and Union Territories could be taken over by the CBI without the consent of the

state. I checked the section in the Police Handbook and sent a SMS to Ratan Mukherjee for

drawing the attention of Mamata Banerjee to the provision of the law.

When Ratan Mukherjee drew her attention to this provision of law, she, it was

reported, immediately conveyed it to the Union Home Minister and the case was handed

over to CBI. She might be very happy. She asked them to convey her thanks to me. This

they conveyed.

On my return to New Delhi, when we met, Gautam Sanyal very mildly complained

to me, “I am always in touch with her. It was better, if you sent the SMS to me.”

I could not like the complaint. I knew the law. I thought it might help MR. So I sent

the SMS to Ratan Mukherjee. He will brief her at the right moment.

But I got a lesson from it. If I was like Gautam Sanyal, I should send the SMS to the

MR herself, and not through Ratan Mukherjee. It also appeared to me that, Ratan

Mukherjee at least told her that, the legal provision was pointed out by me. Had I sent it to

Gautam Sanyal, he would most probably pass it as his own credit. This appeared to me

from his own exprsession.

See his bent of mind! She became happy at the receipt of the provision of law. So

had I send the SMS to him, he could brief her and could take the credit. I sent it to Ratan

Mukherjee. He briefed. She might be pleased at him.

22

See also the selfishness of the bent of mind! He did not say, “Instead you could send

the SMS direct to her. Because, in that case, there was no profit to him.

In an article about the mal-functioning of the CM Secretariat, a journalist tried to

state reasons why Gautam Sanyal, a member of Central Secretariat Service, was taken and

was given reemployment even after his retirement on superannuation, by Mamata

Banerjee as Secretary to Chief Minister. He stated that, it was not in the habit of the CM to

read the government file and write note on it. He added that, she had neither patience nor

administrative experience for that. He stated that, Shri Sanyal would do it for her.6

I do not think that, it was the reason. There were so many senior IAS officers in the

state who were more than willing to gladly do that job. And being aware about the

administration and political environment of the state, their notes and advices must have

been much better. But perhaps her requirement was something else.

She was very much interested in becoming CM of the state. But the establishment of

the Ministry of Railways was much more attractive. She did not feel like to lose it

altogether. Shri Sanyal knew the Railway officers and contractors. He would be able to

serve that interest better, especially when the ministry was being held by a person chosen

by her. He would be more pliable and more sycophant. This might be the reason.

It was not possible for me to be so.

So it was better for me to stay away from them.

I came back.

On 06-07-2011 afternoon I got message that CM was calling me.

I went.

No sooner had I took my seat she started, “Will you decide your own posting?”

I was not prepared for such a question. It took me some seconds to compose. I

replied, “No madam, you will decide. Post me wherever you like.”

“Then why are you not agreeing to any post?”

“What are the posts, madam? You told me, ‘Let me think.’ After that, you have not

offered me any post.”

6 Sukharanjan Sengupta, Mamatar Jamanateo ‘Amader Lok’, The Dainik Statesman, Kolkata, 12-10-2012, p 1 c 4

23

“They were telling, you do not agree to take Civil Defence or Non-formal

Education.”

“Why should I agree, madam?”

“Why not? Tell me, why not?”

“I did not approach you for going to Delhi. You approached me. And you gave wide

publicity to it. You brought me back.”

“So?”

“People know that, I am the IPS officer, hand-picked by the Chief Minister.”

“So what?”

“You changed the ADG, CID. You did not think of posting me as ADG, CID. You

changed ADG, Administration after I had reported to the state. You did not think of

making me ADG, Administration. There are posts like ADG, Law & order, and CP,

Kolkata. You are not offering any of these posts to me. You are offering me the post of

Chairman, Wakf Board. In Delhi also you posted me in an irregular post for which I had to

suffer humiliations for the entire period of my stay there.”

“You could not adjust with them.”

“Tel me, what adjustment I was supposed to make and with whom.”

“Drop it. That is over.”

“How can it be over, madam? You told me, ‘CPM was not giving me any good

posting. They were not allowing me to work. I want to give you good posting so that you

can work.’ But, in Delhi, you gave me an irregular posting. I had to suffer humiliation.

Now you want to make me Chairman, Wakf Board. I was ADG Traffic when I went to

Delhi. Now you can not offer me even a post like ADG, Traffic, to which CPI(M) posted

me. Then why did you call me?”

She suddenly changed her mood. She went in a soliloquy, “He did not serve even a

simple supper (dal-bhat); and is quarrelling!” [Ekdin dal-bhato Khaoyayni. Abar jhagrha

karchhen!]

I did not know how to react to that.

I remained silent.

She softened her voice and mildly said, “I wanted to keep you in the CM Secretariat.

But in what post?”

24

I very politely told, “If you want to keep me in the secretariat, it should be Principal

Secretary.”

She immediately reacted, “But I have brought Gautamda!”

I got her point. Gautam Sanyal was Joint Secretary in the Central Secretariat,

which is equivalent to Secretary in the State Secretariat. My rank was Principal Secretary.

So, if I was posted in the CM Secretariat, Shri Sanyal would be junior to me. That was not

acceptable to her.

I did not say anything.

She told, “I am creating a good post in Home for you.” She called Gautam Sanyal

and told, “Call Chief Secretary.”

Gautam Sanyal went back to his chamber, returned back, and reported, “He is not

in the office.”

“Call Home Secretary. Call DG.”

He went to his chamber and returned with DGP, Shri N Mukherjee. Additional

Chief Secretary, Home Department, Dr G D Gautam also came.

When they took their seats, she said, “Nazrul Saheb is very near to me. He is also

very honourable person (khub sammaniya lok). I want to give him a good posting. Create a

post in the Home Department.”

Dr Gautam was looking at CM. Perhaps, he was thinking of what should be said.

Shri Mukherjee reminded that, there was a letter from MHA for posting an IPS

officer in the Home Department for co-ordinating the police units, specially the intelligence.

Dr Gautam wanted to know, “How can the post be located?”

Shri Sanyal said, “Mr Bansal7 was posted in the MHA.”

The discussion was going on. The problem was the location of posting in the Home

Department.

I stated, “At present Additional Chief Secretary, Home Department looks after only

three departments – Home (Police), Home (Political) and Home (Constitution & Election).

There may be objection to my posting in the Political or C&E. If decided to post in the

Home Department, I may be posted in the Home (Police) Department.”

7 Mr Bansal was IPS officer.

25

CM was looking at Dr Gautam. Shri Mukherjee said, “In that case the proposal for

transfer and posting of police officers will go through him.”

CM instantly said in a low voice to Home Secretary, “No-no-no. That can not be

done.”

I got her point and understood her behaviour in Delhi also.

She was aware about my reputation. She needed me in Delhi for more votes. But her

preference was such that, she could not give me any posting, in which I should have

discretion. She could not give me any post in which I should have any role of deciding any

recruitment, transfer and posting of staffs and/or acceptance of tenders and /or selection of

contractors.

This was why she created the irregular post of Executive Director, Security without

any sanction of law. This was why she arranged the order of my working in the M R Cell

irregularly passed by an officer of the directorate. When I opposed it, she was compelled by

circumstances to get the order passed from the secretariat. But she did not pass the internal

order so that the relevant file come to me. Thus she did not give any job in the M R Cell,

where she ordered me to work.

Her attitude must have been hardened after the episode of CSC, CR.

She had brought me back, because my presence there in New Delhi might create

further problem in her absence.

She wanted to keep me in good humour. But she could not give me any posting, in

which I might have any role in the recruitment, transfer, and posting of staffs; financial

transactions; dealing with public, investigations of cases; and authority to take action

against chit funds, which were exploiting and cheating the unsuspecting common people of

the state and in which more than one leaders of her party were directly involved.

This was why she wanted to make me posted as Chairman, Wakf Board. Then I

should be out of administration. I could not be able to help the victims of crimes of chit

funds. She would be able to publicise that, she had given me a good posting. Her plea of the

development of the Muslims was a lame excuse.

When I did not agree, she became annoyed. The sycophants might have fanned the

fire. She tried to shout at me. When I retorted, she changed her game-plan. She tried to

26

make me feel comfortable by her light talk. Even at that moment she wanted to keep me in

good humour. But her problem was that, I should not be ready to carry out any illegal

order.

I was thinking in this way. My attention was drawn by the uttering of CM.

She said, “The problem is solved. IPS officer was never posted in the Home

Department. You shall be the first IPS officer.”

I was not impressed.

All others stood up.

I also stood up and went out.

Next evening (07-07-2011), I was again called. When I went, she was in the chamber

of Gautam Sanyal.

She told me, “I made you OSD.”

I could not like it. I wanted to know, “What will be my work?”

“You join first. We shall give you work.”

It appeared to me objectionable. I said, “A very junior officer like Section Officer or

Assistant Secretary also may be designated as OSD. Then why am I designated as OSD?”

Shri Sanyal replied, “The rank will be written in the appointment letter.”

“Then what was the objection to my posting with that designation?”

CM again told, “You join first. Everything will be settled.”

I understood that she did not want further question.

I came out of the chamber.

On 08-07-2011 afternoon, I received WB Home (Police) Department Notification No

1233-P.S. Cell/ 3P-16/11 Dated 08-07-2011, posting me as ‘Officer-on-Special-Duty, Co-

ordination in the Home Department’.

Even the most junior officer can be posted as OSD. Thus the assignment of OSD,

Co-ordination, without mentioning any rank, was neither an important assignment nor

commensurate with my seniority and experience.

The post was new. Nothing was known about it. The notification also did not throw

any light. So I sought clarification about the list of duties and responsibilities, supporting

27

staff like (PA/ PS/ Steno etc), Reporting Authority/ Reviewing Authority/ Accepting

Authority, the subordinate staff, and the procedures for files/ papers to and from the

occupier of the post.

On 13-07-2011, I received copies of WB Home (Police) Notification No 1232-P.S.

Cell/ 3P-16/11 Dated 08-07-2011, and No 1233-P.S. Cell/ 3P-16/11 Dated 08-07-2011, along

with WB Police Directorate Memo Dated 11-07-2011.

From WB Home (Police) Notification No 1232-P.S. Cell/ 3P-16/11 Dated 08-07-2011,

it was found that, the notification created ‘an ex-cadre post of Officer-on-Special Duty, Co-

ordination in the rank of Additional Director General of Police in the Home Department

for the period of one year’. Thus the post was created in the Secretariat with a rank of the

Directorate, which was irregular. I was posted in a post which was created irregularly. In

my Memo Dated 14-07-2011, I requested for the correction of the notifications dated 08-07-

2011. I also requested for the clarification sought in my Memo Dated 08-07-2011.

On 19-07-2011, I submitted my Memo Dated 19-07-2011, to the Additional CS,

Home (Police) Department, with a prayer that, ‘if posted in the Secretariat, I am posted in

a post with appropriate Secretariat rank’. Copies of the memo were forwarded to the

Chief Secretary and also to the Joint Secretary to the Chief Minister.

On 21-07-2011afternoon, I received WB Home (Police) Department No 1339-P.S.

Cell/ 3P-16/11 Dated 20-07-2011, and No 1340-P.S. Cell/ 3P-16/11 Dated 20-07-2011.

Notification No 1339 stated that, ‘list of duties to be performed and responsibilities

shouldered will be notified to you later on’; ‘PA/ PS/ Steno etc will be provided by the

Finance Department on joining the post’; ‘Reporting, Reviewing and Accepting Authorities

will be notified in due course’; You may have to write ACR/ PAR for officers placed under

you and necessary order will be issued in due course’; and ‘Procedure for submission of

files will be notified along with the list of duties’.

The list of duties (matters as per the terminology of the notification) was notified by

the Notification No 1340 of the same date. But the procedure of submission of files to and

from the post was not notified as assured by the other notification of the same date.

It was yet not notified even when I was posted to another post.

They also did not notify:

(i) The ‘Reporting, Reviewing and Accepting Authorities’ for the post; and

28

(ii) the staff whose PAR should be written by the occupier of the post;

though they assured these on 20-07-2011.

From the chains of events, it was very clear that, they just created the post, that also

irregularly. They issued the posting order to improperly. They were not in a mood to keep

me in a post, where I had no authority and hence nothing to do. For this they were stating

even contrary facts. They assured on 20-07-2012 that the procedure for files to and fro will

be notified along with the list of duties. The list of duties, whatever absurd and insignificant

the list might be, was issued on the same day. But they did not state the procedure to and

fro of files. They had not decided that. They actually did not want to send any file except

some ad-hoc job. How could they state the procedure? They could not issue the procedure

assured because it was not yet decided.

The matters entrusted by Notification No 1340 Dated 20-07-2011 contained serials

from 1 to 10, as follows:

(I) Serial 1 is ‘Drafting of new Police Act’ etc. As per Entry 1 of Part I of the List of

Law Department, the ‘Drafting of .. Bills and Acts ..’ is assigned to the Law

Department, which is in Entry No IIIA in the List of Department under rule 4 of

WB Rules of Business . So this is not in the Home Department. Entrustment of what

is not in the Home Department by Home Department means nothing.

(II) Serial 10 was ‘any other matter may be assigned by the Addl Chief Secretary, Home

Department’.

If he does not assign anything, it was zero.

(III) Serial 9 is ‘Co-ordination with different Departments on issues like Disaster

management, Pollution Control etc.

As per the existing Rules of Business of the State Government at that time,

both disaster management and pollution control were allotted to two different

departments (Department of Disaster Management, Entry No XL and Department

of Environment, Entry No XXXI) with two different ministers, secretaries and

directorates.

Entry No 37 of Part III and Entry No 24 of Part II of the List of subjects of

Home department empowered Home Department to deal in any subject not allotted

29

to any other department. But these have been allotted to other departments. Again

assignment of what was not in the Home Department by Home Department meant

allotment of nothing.

(IV) Serial 7 was ‘Policy matters on recruitment and promotion in different ranks of

Police’.

There were separate Police Recruitment Board and Police Establishment

Board for the two purposes respectively.

(V) Serials 2, 3, 5, and 6 are part and parcel of serial 4.

(VI) What remain was serial 8, ‘Collection of non-tax revenue of Police.

By no stretch of logic such assignment could be termed as an important assignment

commensurate with my seniority and experience.

So in my Memo dated 22-07-2011 to the Home (Police) Department, I once again

prayed to them that, if posted in the Secretariat, I may be given an appropriate Secretariat

rank commensurate with my seniority and experience.

In my Memo Dated 05-08-2011 to the Home (Police) Department, I explained that

my posting order was not proper and submitted prayer for a proper posting order. Copies

of the memo were forwarded to the Chief Secretary and also to the Joint Secretary to the

Chief Minister.

I also met the Additional CS, Home (Police) Department several times when he

asked me to meet him. Actually he used to call me almost daily. He wanted me to join the

post immediately. I requested him to give a proper posting order against a regular post. He

stated that the change of the existing posting order was beyond his power.

One day, he casually wanted to know, when I had last met the CM and what the

discussion was. I could understand that, he wanted to assess my the then closeness or

otherwise with the CM. I told him that, I should meet her only she called me. She did not

call. I did not try to meet. He appeared to be assured.

Another day, he asked me to meet the Chief Secretary. I could not agree. I told him

that, I can meet him if called or Dr Gautam took me with him. Otherwise I should not meet

him.

On my joining I called on him. Subsequently also I met him twice or thrice. It

appeared to me that, he had nothing to for a proper posting of me. If he had, they could

30

create the post so irregularly, and issue the posting order so improperly. The post of Chief

Secretary, Home Secretary and DGP were important enough. But the posts were occupied

such persons that, it became nothing more that rubber stamps to be affixed on the place the

staff of CM office desired.

Ironically enough all these persons were selected by the previous main ruling party,

CPI (M). They were liked by the then leaders. And now they had become favourite of the

leaders of the new ruling party. I must admit they that, they posses qualities, which I might

not like.

It may be mentioned here that, on my return to the state, I called on the DG & IGP,

Shri N Mukherjee, Additional Chief Secretary, Home (Police) Department, Dr Gautama,

and the Chief Secretary, Shri Ghosh. During this courtesy call, I requested Shri Mukherjee

to submit a proposal for my posting so that I was not kept idle for a long time. The head of

the WB Police Directorate expressed his inability even for forwarding a proposal for my

posting as I was called by CM to Delhi and was again brought back by her. As per him, she

would decide the posting of mine. And this time the head of the Home (Police) Department

was expressing his inability to correct the irregularity in my posting order.

So, I submitted the same prayer to the Chief Minister & Minister in charge, Home

(Police) Department, in my Memo Dated 11-08-2011.

In its Notification No 1490- P.S. Cell/ 3P-16/11 Dated 16-08-2011, Home (Police)

Department intimated me that, after considering my representations, “It has been decided

to confer upon you the rank of Principal Secretary in the Home Department”. In the

concluding paragraph it stated, “Your order for re-designation as OSD, Co-ordination &

ex-officio Principal Secretary (Home) in the Home Department will be issued consequent

upon your joining.”

From the very beginning I had been pointing out that the posting order was not

proper and the post creation order was irregular. At last, the Home (Police) Department

realised that, the post should be re-designated, but illogically made my joining the irregular

post a pre-condition for issuing any order of re-designation.

The bent of mind of the CM and her staffs was arbitrary, autocratic, illogical, and

illegal. They had created a post which was irregular. They had issued a posting order,

31

which was improper. Yet I should have to join the post for satisfying their ego. They would

not correct the posting order. It was unjust and completely unacceptable. My conscience

told me that, I should not bow down to their unjust demand. I did not join.

I had more reasons.

When in Ministry of Railways in new Delhi, I pointed out to MR that, though I was

posted to assist the MR in Security and Intelligence, there was no procedure by which the

files relating to these would come to me, she directed the OSD present there to get the

necessary order passed, and asked me to give a note to the OSD next day about what to be

done. As per her direction, I handed over the note to the OSD the next day (on 26-10-2010).

I was there till 21-06-2011. In the long eight months no such order was passed.

The very definite direction of MR to her OSD was not carried out. So her assurance

to me proved to be not true. And I had to go on suffering humiliation for the entire tenure

in New Delhi.

This was why the assurance of issuing re-designation order ‘consequent upon’ my

‘joining’ the post of OSD (Co0ordination) in the Home Department, Government of WB

could not assure me.

The clear assurance of the then MR, Mamata Banerjee, in presence of her personal

staff (OSD), Gautam Sanyal, was not fulfilled in the eight long months. The same Mamata

Banerjee was the Chief Minister & Minister in charge of Home (Police) Department and

the same Gautam Sanyal was her Secretary.

In my Memo Dated 17-08-2011 to the Additional Chief Secretary, Home (Police)

Department, I again prayed for a proper posting order.

I did not get any response.

In my Memo Dated 25-08-2012 to the Chief Minister & Minister in charge of Home

(Police) Department, I submitted the same prayer.

In its Notification No 1623-PS Cell/ 3P-16/11Pt-I Dated 07-09-2011, Home (Police)

Department gave some explanations for designating the post as such, referred to its

assurance of re-designation on joining, and asked me to join immediately.

32

In my Memo Dated 09-09-2011 to the Chief Minister & Minister in charge of Home

Department, I explained that the assertions in the notifications were not tenable; and

requested for ‘a proper posting order against a post created in a regular manner’.

I did not get any response.

In my Memo Dated 26-09-2011 to the Chief Minister & Minister in charge of Home

(Police) Department, I further explained that the assertions in the notification were not

tenable; and requested for ‘a proper posting order against a post created in a regular

manner’.

In its Notification No 1765-P.S.Cell/3P-16/11Pt.I Dated 29-09-2011, Home (Police)

Department did not state anything about what action had been taken on my

representations to the Additional Chief Secretary, Home (Police) Department, and to the

Chief Minister & Minister in charge of Home (Police) Department, but asked me to ‘join

within 7 (seven) days without fail’.

There were also news items in the dailies that departmental action might be taken

against me for alleged non-compliance of the orders of the State Government. There might

be really any such contemplation in the department. This might be also a pressure tactics.

My friends were advising me not to risk such disciplinary actions. I could not agree to

them. It appeared to me that, they were not only doing injustice to me, but also were

committing illegalities. I should not bow down to their unjust actions. I did not join the

irregular post in compliance to the improper order.

In my Memo Dated 29-09-2011 to the Additional Chief Secretary, Home (Police)

Department, I stated, “I am ready to join the very day I am given a proper posting order

against a post, regularly created”.

Why could I not join even after the ultimatum of 7 days deadline?

The answer was there in my representations submitted to the authorities of the

Home (Police) Department. In my representations, mentioned above, I tried to explain

that:

(1) Home (Police) Department Notification 1233-P.S. Cell/ 3P-16/11 Dated 08-07-2011,

posting me as OSD, Co-ordination, Home, without mentioning any rank, against a

33

post created by Home (Police) Notification No 1232-P.S. Cell/ 3P-16/11 Dated 08-07-

2011 was not desirable and regular, as follows:

(I) Additional Director General of Police was a Directorate rank. The

corresponding Secretariat rank in the State Secretariat was Principal

Secretary. So the creation of the post of OSD, Co-ordination in the rank of

Additional Director General of Police in the State Secretariat, by Home

(Police) Notification No 1232-P.S. Cell/ 3P-16/11 Dated 08-07-2011, was

irregular. The post should have been created with the rank of Principal

Secretary.

(II) The claim of Home (Police) Notification No 1623-PS Cell/ 3P-16/11Pt-I Dated

07-09-2011 that, “Since it is an Ex-Cadre Post in the Home Department the

term ‘in the rank of ADG’ has been used to indicate that this post is

equivalent to in pay-scale and rank to that of ADGP of police and also to

mean that the post will be filled up by an officer in the rank of ADG” was

totally untenable, as –

(i) There were no rules and regulations that, only cadre posts of

Secretariat should be given Secretariat rank and ex-cadre post of

Secretariat might be given Directorate rank.

(ii) An Ex-cadre post in the Secretariat also is a post in the Secretariat. So

it should be created with a Secretariat rank.

(iii) It might be filled up by an IPS officer of ADGP rank, but as the post

was in the Secretariat, the post should been given the corresponding

Secretariat rank.

(iv) The corresponding Secretariat rank also would indicate that the post

was ‘equivalent in pay-scale and rank’ to ADGP.

(v) An IPS officer of the rank of ADGP was posted in the Home

Department of Maharashtra. He was posted as Principal Secretary,

and not as OSD in the rank of ADGP.

(2) The most junior officer also might be posted as OSD. So my posting as OSD, Co-

ordination (without mentioning the rank), by Home (Police) Department

Notification 1233-P.S. Cell/ 3P-16/11 Dated 08-07-2011, was not desirable.

34

The State Government wrote to the Central Government for my pre-mature

repatriation for an important assignment commensurate with my seniority and

experience. The post of OSD, Co-ordination, without mentioning any rank is an

assignment neither important nor commensurate with my seniority.

The claim of Home (Police) Department No 1623-PS Cell/ 3P-16/11Pt-I Dated

07-09-2011 that, “The designation of OSD has been used to indicate that you will be

assigned certain specific duties in the department” was also totally untenable, as –

(a) There was no duty in the list of duties assigned, which could not be

performed by a Principal Secretary and can only be performed by an OSD.

(b) No new duty had been assigned. The duties assigned were being performed

by existing officers like Addl Chief Secretary, Special Secretary, Additional

Secretary or Joint Secretary. So it could very much be performed by a

Principal Secretary also. None of the duties assigned warrants the

designation of OSD.

(c) When some officer was retired or promoted to higher rank and could not be

posted in the post where his service was required, or an officer was to be

attached to some minister/ officer, a post of OSD was being created. Even

then he was posted as OSD in his rank. For example,

(I) When Swapan Chatterjee retired as Special Secretary, Finance

Department, he was re-employed as OSD & Ex-Officio Special

Secretary, Finance Department. Similarly when Chandi

Bhattacharyra retired as Joint Secretary of Finance Department, he

was re-employed as OSD & Ex-Officio Joint Secretary, Finance

Department. When, Samir Kumar Sengupta retired as Joint

Secretary, H & F W Department, he was re-employed as OSD & Ex-

Officio Joint Secretary, H & F W Department.

(II) N Ahmed, WBCS of the rank of Deputy Secretary, was the Private

Secretary to the Land & Land Reforms Minister. When he was

promoted to the rank of Joint Secretary, he was made OSD in the

rank of Joint Secretary to the minister.

35

(III) Anurag Srivastava, IAS, was posted as Under Secretary Home

Department. He had been designated as OSD to the Chief Secretary,

in addition to his normal duties.

(IV) Nothing such had happened in my case.

(i) I had not retired as Principal Secretary, Home Department. So

there is no need of posting me as OSD in the Home

Department.

(ii) I was holding the rank of ADGP. There was no bar in creating

its corresponding Secretariat rank (Principal Secretary) in the

Home Department. So there was no need of posting me as

OSD.

(iii) I was not attached to any minister or officer. Then there was

no need of posting me as OSD.

My posting was normal posting. So my posting as OSD, Co-

ordination, that also without mentioning any rank, wass neither

desirable nor acceptable.

(3) Considering my representations, as communicated in its Notification No 1490- P.S.

Cell/ 3P-16/11 Dated 16-08-2011, the Home (Police) Department had decided to

make the OSD, Co-ordination post ‘ex-officio Principal Secretary’. Thus the

department had realised that, I should be given the rank of Principal Secretary, if

posted in the State Secretariat. But it had yet not corrected the orders accordingly.

When it had already decided to re-designate the post, and naturally the

posting order; it should first correct the post creation and posting order

accordingly, and then ask me to join.

Secondly, ex-officio meant by virtue of and the correct use of ex-officio was

where there were separate sets of duties for the ex-officio post and posting to one

post automatically gives right to other post. No separate ‘conferment’ was required

for the ex-officio post. Some examples were given bellow –

(a) The Vice President of India was ex-officio Chairman of the Rajya Sabha. No

separate conferment was needed. The person elected as Vice President

automatically became the Chairman of the Rajya Sabha. There werre

36

separate sets of duties for the Vice President and for the Chairman of Rajya

Sabha.

(b) The Prime Minister of India was the ex-officio Chairman of the Planning

Commission of India. The person who was appointed as Prime Minister

automatically became the Chairman, Planning Commission. No separate

‘conferment’ was required. There were separate sets of duties for Prime

Minister and the Chairman Planning Commission.

(c) The Governor of a State was ex-officio Chancellors of all the State

Universities. The person who was appointed as Governor automatically

became the Chancellors. No separate ‘conferment’ was required. There were

separate sets of duties for Governor and Chancellor.

(d) As per existing norms, the Principal of a College in the State was the ex-

officio Secretary of the Managing Committee of the College. No separate

conferment was required. There were separate sets of duties.

So, when there was ex-officio post, there were separate sets of duties.

The department had notified the duties of OSD, Co-ordination. It had not

notified the duties of Principal Secretary.

The authority might want to convey that, they want to make the post

of OSD, Co-ordination in the rank of Principal Secretary. If so, they should

clarify it, correct the orders accordingly, and then ask me to join. But it had

not done so.

(4) Designation of an officer used to depend on his seniority and place of posting (that

is, nature of work).

When an IAS officer was posted in the State Secretariat, he was designated

as Under Secretary, Assistant Secretary, Joint Secretary, Additional Secretary,

Secretary, Principal Secretary, Additional Chief Secretary, and Chief Secretary

depending on his seniority. When the same officer was posted in the Directorate, he

was designated as Director of School Education in the School Education Directorate,

Commissioner of Commercial Taxes in Commercial Tax Directorate, and Registrar

of Co-operative Societies in the Co-operation Directorate.

37

Similarly when an IPS officer was posted in the Directorate, he was

designated as AIGP, DIGP, IGP, ADGP or DGP etc depending on his seniority.

When the same IPS officer was posted in the Secretariat, he was designated as

Secretary or Principal Secretary etc depending on his seniority. The DGP posted in

the MHA was designated as Union Special Secretary/ Secretary (equivalent to State

Chief Secretary). WB Cadre IPS Officer, Rahul Srivastav was posted as Deputy

Secretary in the Cabinet Secretariat. In the states also when IPS officers were

posted they were given Secretariat rank

(a) In AP, the Home Department was headed by an IPS officer of the

rank of ADGP/DGP. He was designated as Principal Secretary.

(b) The IGP rank IPS officer was posted as Special Secretary.

(c) The Home Department of Maharastra is headed an IAS officer of the

rank of Addl CS (as in WB). Under him, one IPS officer of ADGP

rank is posted as Principal Secretary (Special). An IAS Officer is

posted as Principal Secretary (Appeal & Security).

(5) I had already suffered much humiliation for carrying out illegal/ irregular order

and joining irregular posts.

In 2009, I was posted by the State Government, as Director of Prosecution in

the Judicial Department. I carried out the order and joined the post. In successive

memos I pointed out to the State Government that, my posting order was illegal. I

wrote to both the Addl CS, Home (Police) Department (which placed my service at

the disposal of the Judicial Department, for my posting as Director of Prosecution),

and to the Secretary, Judicial Department (which posted me as Director of

Prosecution).

My earnest prayer for regularising my posting was not heeded.

As my posting was irregular, the Public Prosecutors, whose work I was

supposed to supervise, were openly defying me. When I directed them to submit

their performance report, some of them openly refused to receive the direction.

What was more, when some person filed a writ in the Honourable Calcutta

High Court challenging the legality of my posting, those officers, who posted me in

that post, did not dare to argue in the Honourable High Court that my posting was

38

in a post, created with the approval of the Cabinet and thus was valid. Before the

starting of the hearing in the High Court, reportedly as per the advice of the

Advocate General, they shifted me out from the post overnight; and ordered me to

be an Officer on Compulsory Waiting, though more than one posts of my rank (of

ADGP) were lying vacant.

Thus mere approval of the Cabinet does not make a post regular or legal.

What is approved by Cabinet should be regular. Hence, the claim of Home (Police)

Memo No 1623-PS Cell/ 3P-16/11Pt-I Dated 07-09-2011 that, “The post of Officer-

on-Special Duty, co-ordination in the Home Department was validly created with

the approval of the Cabinet” was totally untenable.

Some note might have been placed before the Cabinet. Cabinet approved it.

It was the duty of the person preparing the note to prepare it properly. As the note

was not proper, it should have been corrected.

The irregularity in the order should have been removed.

Otherwise, I should have to suffer humiliation, as I had to suffer humiliation

for my joining the post of Director of Prosecution, as per the orders of the State

Government, which was irregular.

I had also to suffer utter humiliation as a result of my joining the irregular

post of Executive Director, Security in the Ministry of Railways, which I had

discussed earlier.

(6) My experience with State Home Department was also not very assuring. I am giving

a few examples:

The then WB Vigilance Commissioner, S K Datta illegally started a Vigilance

Inquiry against me on the basis of a pseudonymous complaint, most probably

manufactured by them. I wanted to know the allegation against me from the Home

Department, as it was my Disciplinary Authority. I did not get any reply. It did not

furnish anything to me even after the first order of the honourable Calcutta High

Court. When I went to the High Court again, the Additional Chief Secretary, Home

Department passed the order for closing the inquiry. On my prayer the High Court

passed an order to the effect that, as a token recognition of wrong done to me, the

State Government would pay me a cost of Re1 and realise the amount from the

39

person responsible for starting the inherently illegal inquiry against me. The State

Government paid me Re1, but was not taking action to fix the responsibility for

starting the inherently illegal inquiry till I went to the High Court third time.

(7) If I joined as OSD, Co-ordination (without any rank) in the Secretariat, against a

post of OSD, Co-ordination created in the rank of Additional Director General of

Police (a rank of the Directorate), I should neither be an officer of the Secretariat

nor be an officer of the Directorate {as I was neither an officer of RPF (Security)

Directorate nor an officer of the MR Cell in the Ministry of Railways}

There was no mention of the working relationship of OSD, Co-ordination

with other officers of the Home (Police) Department. In my Memo Dated 08-07-

2011, on which date I first got the posting order, I wanted to know, inter alia:

i) Who will be my supporting staff (like PA/ PS/ Steno etc);

ii) Who will be my Reporting Authority, Reviewing Authority, and Accepting

Authority (so that I can get my work-plan approved on joining);

iii) Whether I shall have to write the PAR of any officer; and if yes, the list of

officers;

[Required for Para 13 of Section I of Form II under rule 4 of AIS PAR)

Rules, 2007]

iv) What will be the procedures for files/ papers to and from OSD, Co-ordination

so that I can take necessary action.

Home (Police) Notification No 1339-P.S. Cell/ 3P-16/11 Dated 20-07-2011

stated that, these would be notified later on. But these had yet not been notified.

Home (Police) Notification No 1339-P.S. Cell/ 3P-16/11 Dated 20-07-2011

categorically stated in Para 7 of the notification that, “Procedure for submission of

files will be notified along with the list of duties.” The list of duties was notified by

Home (Police) Notification No 1340-P.S. Cell/ 3P-16/11 Dated 20-07-2011 (that is, on

the same date). But no procedure for submission of files was notified. The

procedure had not been notified.

So the position, as on that day, was that –

(i) I had been posted as OSD, Co-ordination (without mentioning any rank) on

08-07-2011. The posting was in the State Secretariat.

40

(ii) The post was created on the same date, as OSD, Co-ordination in the rank of

ADGP (a rank of Directorate).

(iii) The relationship OSD, Co-ordination with other officers and men of the

department had not been spelt out, even till the last as OCD in the rank of

ADGP.

(iv) The Reporting, Reviewing, Accepting Authorities for the occupier of the post

was not known.

(v) Whether the occupier of the post will be the Reporting, Reviewing, Accepting

Authorities for any officer or men is not known.

(vi) The procedure for submissions of files and papers to and from the occupier

of the post was not known.

In spite of repeated requests, the State Government in the Home Department

was neither notifying these nor correcting the irregularities in the post creation and

posting orders. Rather it was trying to force me to join the irregular post.

If I join as OSD, Co-ordination in the State Secretariat, against a post

created as OSD, Co-ordination in the rank of ADGP (a rank of Directorate), I

should have to suffer the humiliation, as I have already suffered as Director,

Prosecution and Executive Director, Security.

So, I could not join.

I submitted my Memo Dated 11-11-2012 to the Head of State Police Establishment

Board for redress.

I did not get any redress.

No departmental proceedings also started.

Even my explanation was not called for.

It was left as usual.

I was Officer on Compulsory Waiting. I was coming to office in the forenoon, sitting

idle al through the day, waiting anxiously for new development, and was returning home in

the afternoon. Six months passed in this way. It was unbearable.

41

In my Memo Dated 12-12-2012, I sought an appointment of the CM & Minister in

charge of Home (Police) Department.

This time I got response. I was posted as ADG & IGP, Training, WB. I immediately

joined the post on 16-01-2012.

In my government service career of thirty four years I have never before prayed for

any particular posting and I have never before prayed for the change of any posting order.

In my service in IPS (after training), I got 23 posting orders in 28 years. I never before

asked for any change of any of these orders and joined at the earliest. In doing so, I carried

out illegal orders against irregular posts twice and suffered a lot of humiliation at both the

places (as Director of Prosecution in the State; and Executive Director, Security in the

Centre). I did not want to suffer such humiliation, again.

This was why from the very beginning, I had been praying for issuing a proper

posting order against a regular post. But unfortunately this was not being done. I wanted

an appointment with her. Instead of appointment I was appointed as ADG&IGP, Training.

I joined the post.

An order of WB Information Commission and the role of State Government under her

In the beginning of 2006, the WB Vigilance Commission of the Government of WB,

headed by Buddhadeb Bhattacharjee of Communist Party of India (Marxist), which was

the main constituent of the ruling Left Front, started an inherently illegal inquiry against

me.

They started the inquiry on the basis of a pseudonymous complaint, most probably

manufactured by them, as was indicated by the place of posting of the letter. The letter was

posted from the Sech Bhawan Post Office, from where the letters of Vigilance Commission

to me were also posted. The letter was sent by ordinary post. If any other person was the

originator of the letter, he could very much drop it in the letter box of the Vigilance

Commission nearby.

As per existing rules, no action could be initiated on the anonymous and

pseudonymous complaint. These should be filed. If the Head of the Department or the

Chief Executive wanted to start any inquiry, he would have to forward a copy of the

42

anonymous and pseudonymous complaint to the officer, against whom the complaint was,

take his comment and if necessary could start the inquiry. I was then posted as Inspector

General of Police, Enforcement Branch. For me, the Head of the Department was the

Additional Chief Secretary, Home (Police) Department, (more known as Home Secretary),

and the Chief Executive was the DG & IGP, WB Police Directorate. So Vigilance

Commissioner had no authority to start any inquiry against me, on the basis of a

pseudonymous complaint. In the Vigilance Manual also, it was clearly mentioned that, the

Vigilance Commission would send the anonymous and pseudonymous complaints to the

respective departments/ directorates. But violating rules of government and also the

Vigilance Manual, the then Vigilance Commissioner illegally started the inquiry against me

and the inquiry was entrusted to the Anti Corruption Bureau head Mridul Kumar

Mukherjee. When I went to the Hnourable Calcutta High Court against this inquiry, the

Honourable Justice S P Talukdar termed the inquiry inherently illegal and ordered the

State Government to pay me a cost of Re 1, as a token recognition of wrong done to me and

asked the State Government to realise the amount from the salary of the officer responsible

for initiating the inquiry.

This episode had a side story.

On 23-06-2006, I submitted an application to the then Chief Minister Buddhadeb

Bhattacharjee, who was also holding the charge of the Home (Police) Department to the

effect that, I had unearthed corrupt/ illegal/ irregular/ immoral practices of the then IGP,

Vigilance, M K Mukherjee, the then Vigilance Commissioner, S K Datta, and the then

Chief Secretary, A K Deb8. So they were biased against me and were harassing by starting

and conducting the illegal inquiry against me. In support of my claim I enclosed

documentary proof of their corruption. I also stated that, action might be started against

me if my allegations were found to be false. But actions should be taken against them if my

allegations were found correct.

I submitted documentary evidences. So they could not say that, my allegations were

wrong or baseless. But all of them were men of the ruling party. So Buddhadeb

Bhattacharjee had no grits to think of any action against them. I am giving an example.

8 Vigilance Commission was attached to the PAR Department, under Mr Deb as CS

43

As per the order of Honourable Justice S P Talukdar, the State Government paid

me Re in cheque, but went in appeal to the Division Bench against the order so that they

would not have to deduct the amount from the officer responsible for starting the illegal

inquiry. The Division Bench headed by the then Chief Justice S S Nijjar dismissed the

appeal and also dismissed their prayer of stay of the order. Yet they did not fix the

responsibility and deduct the amount. When I went to the Honourable High Court again,

the State Government was compelled to find S K Datta responsible for starting the inherent

illegal inquiry and wrote to the Central Government for deducting Re 1 from his pension,

as he had already retired from service. But as reward to S K Datta he was appointed a

Member of the State Pay Commission and then Member of State Police Complaint

Authority, which was entrusted with inquiry into all allegations of irregularity of all senior

IPS officers of the state.

The person was fixed responsible, by the State Government under Buddhadeb

Bhattacharjee, for starting inherently illegal inquiry against an IPS officer. Very soon the

same State Government under the same Buddhadeb Bhattacharjee appointed him in a

post, which would empower him to inquire into all seniors IPS officer, including the me,

whose going to court compelled the State Government to find S K Datta responsible for

starting the inherently illegal inquiry and requested the Central Government to deduct the

amount from his pension. Naturally I could not expect any justice from the State

Government under Buddhadeb Bhattacharjee.

One may ask why the leaders of the ruling party were so helpless to support a

corrupt officer. The answerer was, the corrupt officer did illegal things to please them. So

they were obliged to favour him. They did not care for impartiality or propriety. They were

only concerned about the win of their party. So corrupt and pliable officers, who were

ready to carry out even their illegal orders, were blue eyed boys to them. Naturally an

officer, who was not ready to commit any illegality, was their eye-sore. They were bent to

do anything to teach him a lesson. The corrupt, pliable, and spineless officers were there to

please them. Thus the inherently illegal vigilance inquiry against me was started at the

instigation, at least with the approval, of the ruling party leaders, who mattered. So they

were not ready to take any action against the officer, who committed the corruption, at

44

least sometime, to please the ruling party leaders. So no action was taken. I did not get any

response. A few months passed in this way.

When I did not get any response yet, I submitted an RTI Application to the SPIO,

Home Department9 for knowing the information as to what actions have been taken on my

application to CM.

When the SPIO failed to furnish the information, I submitted the 1 st Appeal to the

Appellate Authority of Home Department.

When the Appellate Authority did not arrange to furnish the information, I file the

2nd Appeal to the State Information Commission.

No action was taken on my application to the CM. They could not state that. So no

answer was available. They had such amount of shame that, they could not say that, no

action was taken. But they had no sense that, they were duty bound, as per the act passed

by the Parliament, to furnish information under RTI Act. Even the WB Information

Commission was sitting on my many 2nd Appeals and Complaint. So filed a writ petition to

the Honourable Calcutta High Court to the effect that, the inaction on the part of the

SPIOs, AAs, and WBIC was making the RTI Act, passed by the Parliament, meaningless. I

submitted prayer to the court for a direction to dispose of the 2nd Appeals and Complaint at

an early date.

The Honourable Court directed the WBIC to dispose of the 2nd Appeals and

Complaint within 4 weeks. Then the Information Commission was compelled to hear the

2nd Appeals and Complaint for disposal.

On the inquiry Information Commission, Joint Secretary in the CM Secretariat

falsely stated to the Information Commission that, they did not receive any such

application from me.

I produced the original receipt of CM Secretariat to prove that, the application was

received in CM Secretariat on 23-05-2012. I submitted Xerox copy of the receipt to the

WBIC.

Then they took the false plea that, they did not receive the proper channel copy.

9 At that time, the CMO was not separate, and was with Home Department.

45

I produced the proof of that, the proper channel copy was sent by the DG&IGP,

WB Police Directorate to Additional Chief Secretary, Home (Police) Department the next

day. He was reporting to the CM, Buddhadeb Bhattacharjee, who was also Minister in

Charge of Home (Police) Department. The WBIC was compelled to call the explanation of

the Additional Chief Secretary, Home (Police) Department.

Then they requested the Information Commission to request me to submit another

application and they gave the assurance that, this time my grievances would be redressed

quickly. WBIC forwarded this request to me.

I submitted it through Information Commission.

Yet they did not furnish the information.

Then the Information Commission called the concerned officers of the department

for hearing.

Being not satisfied with their explanation, Information Commission imposed a fine

of Rs 50,000 on the department and directed it to pay to me within a month.

Many people might think that, the WBIC passed a very strong order. But I was not

satisfied with it.

In this order, the defaulting officers were not touched. The RTI Act has given power

to the Information Commission to impose penalty on the SPIO for his failure to furnish

information. The act also has given power to the commission to recommend disciplinary

proceedings against the defaulting officers. The officers might plead in private to the

officers of WBIC that, they were defaulting at the instruction of the CM. So the WBIC did

not pass any order of their penalty and disciplinary proceedings.

But this is wrong. The ruling party leaders get all the illegal works done by these

corrupt pliable officers. They do these not only under fear but also for favour. By doing the

illegal/ irregular works, they please the bosses and manage to keep them in the posts and

places, they wish to be. More suitable officer might be posted in the Sundarbans or Purulia

or Cochbihar; but these worthless spineless people will go on getting coveted postings for

years in the Writers’ Buildings itself. So if the erring ruling party leaders and the senior

officers should be bring to sense, actions should be taken against these rotten pliable

officers for committing illegalities. The famous Nuremberg Trial may be mentioned here.

In the trial, all the officers took the plea that they did everything at the instruction of

46

Hitler. But they were not let off. They were tried and punished severely. Likewise these

cunning and conscienceless people should be severely punished. The officers of the WBIC

were also lenient on them.

I could not make them understand that, being a juristic person the department can

not be the defaulter in furnishing information to me. The WBIC ordered the Rs 50,000 for

remedy the harassment and detriment caused to me. I could not make them understand

that, it were the officers who were responsible for my harassment and detriment. So the

penalty should come from their pocket and not from the State exchequer. They passed the

order that, the Home (Political) Department, under which the Chief Minister Secretariat

was, would have to pay me Rs 50,000.00 within a month.

The order was passed on 15-12-2009.

The department was supposed to pay the amount within 1 month.

35 months passed.

They did neither obey the order of the State Information Commission nor file any

appeal against it.

I thought that, after the change of ruling party, there would be some change for the

better. There has been some change, but not for the better.

I submitted many applications during the period of the present government also. I

did not get any response. I submitted application under RTI Act. I did not get the

information even after 1st Appeals and 2nd Appeals. Because the officers, who were very

close to the leaders the then ruling party became overnight very close to the leaders of the

present ruling party. The same rotten persons were chosen by the new leaders.

What was more, one officer, who as the head of the Department of Home did not

obey the orders of the WBIC, including the order for paying rupees fifty thousand to me,

throughout his entire tenure there, was made Information Commissioner. What

information will the people of the state wish to get? He will naturally be more inclined to

protect those, who do not obey even the order of the WBIC.

The WBIC directed the Home (Political) Department to pay me rupees fifty

thousand for the harassment and detriment caused to me, within a month. 38 months

47

passed. They did not pay me the amount. In the beginning Buddhadeb Bhattacharjee was

the Minister in Charge of the department for about 17 months after the order. And for the

last 20 months Mamata Banerjee is the Minister in Charge of the department. But, in spite

of many applications and repeated reminders, the department did not carry out the order

of WBIC during these long 38 months. It clearly shows the breakdown of the

administration of the department, now headed by Mamata Banerjee.

The WB Police Establishment Board and the role of the State Government under her

The injustice perpetrated on me in the matter of WB Police Establishment Board

clearly showed the bias against me.

The West Bengal Police Establishment Board (PEB) was established by Home

Department Memo No 383-PS Dated 30-03-2007, as per the Judgement Dated 22-09-2006

of the honourable Supreme Court of India, in connection with the Prakash Singh case. The

Supreme Court passed the order for minimising political interference and ensuring

transparency in the transfer and posting in police.

The PEB was supposed to decide ‘all matters of transfer, posting, promotion and

other service related matters’ of officers of and below the rank of DySP. The PEB was also

authorised to make appropriate recommendation to the State Government about the

‘regarding the posting and transfer of all officers’ of and above the rank of Additional SP.

“The State Government shall give due weight to these recommendations and shall

normally accept them” There was no mention about the officers of the rank of Assistant

SP, who come in between DySsP and Addl SsP.

As per the order, “The Police Establishment Board shall also function as a forum of

appeal for disposing of representations from police officers of all rank regarding their

promotion/ transfer and would have power of generally reviewing the functioning of the

Police in the state; provide that representations in respect of promotion/ transfer of police

officers of the rank of Additional Superintendent of Police and above shall be forwarded to

the State Government with appropriate recommendations of the Police Establishment

Board and the State Government shall give due weigh to such recommendation.”

48

Thus, if functions properly, the PEB was supposed to a very powerful body.

As per the order, the PEB would be constituted of the DG&IGP, WB Police

Directorate as Chairman, three ‘senior most’ ADGP as Members and the DIGP

(Headquarters) as convenor. CP, Kolkata Police would be Member if the board considers

the transfer or posting of an IPS officer to or from Kolkata Police.

By Home Department Notification No 1252 Dated 18-09-2009, the CP, Kolkata

Police was made usual Member like the three senior most ADGsP. DIGP (Headquarters)

was made ‘non-Member’ convenor.

By Home Department Notification No 4828-PL Dated 15-12-2010, the composition

of the board was changed. By this notification, ‘four other senior officers’ were made the

Members of the board. But the notification did not state anything about who would be the

‘four other senior officers’. It did not authorise the WB Police Directorate to select the

members of PEB. So the Police Directorate was going on constituting the successive boards

with the ‘three senior most’ ADGsP, and CP, Kolkata, as before.

I joined the WB Police Directorate of Home (Police) Department of Government of

WB on 22-06-2011.

If the PEB used to function properly, then it should have made a recommendation

to the Home (Police) Department for a posting of mine. But, as far my knowledge goes, it

did not happen. I was appointed as OSD, Co-ordination (without mentioning any rank),

Home Department, without any recommendation of PEB.

When failed to ascertain the truth, I submitted an application for the information.

In his Memo No 5760-Admn/C//Admn/RTI-150/2012, D Bandyopadhyay, DIGP(O) & State

Public Information Officer informed, “No document relating recommendation of the

petitioner as OSD (Co-ordination) could not be found in record maintained at this end.”

About my posting as ADGP, Training, the SPIO stated that, ‘the information is being

collected for onward communication.” Anybody can understand that, when no document

about the recommendation of PEB for my posting as OSD, Co-ordination, Home

Department was available, the document about the recommendation of PEB for my posting

49

as ADGP, Training should be either available or not-available. So the answer that, ‘the

information is being collected for onward communication’ was only a delaying tactics.

Why?

The constitution of the PEB, by WB Police Directorate, was irregular.

In WB Police Directorate memo dated 17-11-2012, the SPIO and DIGP (O)

furnished the copy of the minutes of only 03-01-2012. It stated,

“In Notification No. 2265-P.S. Cell/ 3P-13/11 Pt.I dtd. 19.12.2011, Govt. Order was

for transfer and postings of 03 (three) Officers in the rank of Additional Director General

of Police namely (1) Dr. Nazrul Islam, IPS(RR:1981) (2) Shri Anil Kumar, IPS (RR:1982)

and (3) Shri K Hari Rajan, IPS (RR1985). On receipt of the order Dr. Nazrul Islam, IPS,

and Shri K Hari Rajan, IPS have submitted representation. In their representation both

the Officers have questioned the propriety of the present composition of West Bengal

Police Establishment Board. The representations have been forwarded to Govt. For

consideration.

“This Board, in its present composition, however , recommends the following

transfers and postings, in modification of the above mentioned order, as Govt. Has

requested for review of the matter by the Police Establishment Board Vide No. 2324-PS

Cell/ 3P-13/11 Pt.I dated 28.12.2011. Orders may kindly be issued accordingly.”

Thus, the composition of the PEB was irregular. I, also another ADGP, submitted

representations questioning the composition of the PEB. The government did not state that,

the composition was regular. The subsequent order of the government proved beyond

doubt that the composition was irregular. Yet the government sent my representation to

the PEB, irregularly composed, for review.

On review the PEB recommended the change of posting orders of the other two

officers. It did not recommend the change of my posting.

As a members of the PEB, under the Chairmanship of DG&IGP N Mukherjee,

three ADGsP namely J Chatterjee, V Kumar, and G M P R reddy, and CP, Kolkata Police

R K Pachnanda. All except only J Chatterjee were my junior. They decided my posting, as

they were irregularly made the members.

50

There was not even a single officer, whose posting was to or from the Kolkata

Police. Yet CP Kolkata Police, who was much junior to me, signed the recommendation of

the PEB for my posting.

It appears from the minutes of the PEB on 27-06-2011, two ADGsP, junior to me

were Members of the board. In the successive meetings of the boards on 01-07-2011, 28-07-

2011, 18-08-2011, 08-09-2011, 13-09-2011, 20-09-2011, 28-09-2011, 19-10-2011, 24-10-2011

and in many other meetings, the ADGsP junior to me were made Members of the PEB.

This was irregular.

When the Government Notification Dated 15-12-2010 did not state anything about

who would be the ‘four other senior officers’;

when the WB Police Directorate was not authorised by the Home (Police)

Department to select the Members;

when WB Police Directorate went on constituting the PEB with ‘three senior most’

ADGsP as before; and

when ADGsP junior to me were being made Members;

in the fair field, I should have been made one of the Members of PEB from 22-06-

2011.

In my Memo Dated 04-11-2011 I drew the attention the DG&IGP, WB Police

Directorate & Head of WB PEB, to this irregularity, and prayed for corrective action.

I again wrote to him 26-12-2011. But he did not take any corrective action.

He did not make me the Member of the PEB, though he went on making ADGsP

junior to me the Members. But my writing led to some development.

For the first time, Home (Police) Department laid down the composition of the PEB

by its Notification No 416-PL/ PE/ 16S-36/ 05 (Pt.-I) Dated 20-01-2012. The composition of

the PEB, so notified, was:

1. N Mukherjee, IPS, DG&IGP, WB Police Directorate, Chairman;

2. P K Sahai, IPS, DG&CG, Home Guard, Member;

51

3. V Mishra, IPS, DG&IGP, Training, Member;

4. V V Thambi, IPS, DG&IGP, CID, Member; and

5. J C Chatterjee, IPS, ADG&IGP, Administration, Member.

Needless to say, the pick and choose composition was absolutely arbitrary and

encouraged a reverse direction of increasing political interference and lack of

transparency.

Two more points about the making P K Sahai a Member of PEB demand mentions.

Generally, Chairman is considered a senior position than a Member of any Board/

Committee. P K Sahai was senior to N mukherjee by batch. Thus making Mr Sahai

Member in a Board, where his junior Mr Mukherjee was Chairman, was irregular,

unwarranted, and most unfortunate in the Uniform Service like Police.

Secondly, Mr Sahai was Director General & Commandant General of Home Guard.

The post was not in the Home (Police) Department. It was in a different department (Civil

Defence Department), with different Secretary and even different Minister. Then it was not

within the power of the Additional Chief Secretary, Home (Police) Department [that is, the

Secretary of Home (Police) Department] to appoint him Member of PEB, which was the

subject matter of only Home (Police) Department. The notification was signed by the the

Additional Chief Secretary, Home (Police) Department [that is, the Secretary of Home

(Police) Department]; and there was no mention that, it was being made with the approval

of the Civil Defence Department. If the State Government wanted to make him a legal and

regular member of PEB, the notification should have been signed by the Chief Secretary,

who had also authority over the other departments, but not by the Home (Police)

Secretary, who had no authority over other departments.

[As far my knowledge goes, Mr Sahai, never attended the meetings of the PEB. If

their intention was to get the decisions only by the other three members, then the ploy was

workable, but unfortunate. ]

The CP, Kolkata Police was again made an invited Member if the transfer or

posting of IPS officer to and from Kolkata Police was considered.

52

The most striking para of the notification was “Notwithstanding anything contained

in this Notification No 416-PL dated 20.01.2012, all recommendations made by the Police

Establishment Board constituted by the Director General and Inspector General of Police,

West Bengal in terms of Notification4828-PL dated 15.12.2010 shall be deemed to be valid.”

It has already been discussed that, in the notification dated 15-10-2010, there was no

prescription about who would the ‘four other senior officers’. The notification also did not

authorise the DG&IGP to pick and choose the ‘four other senior officers’. Thus all the

boards constituted by DG&IGP by pick and choose were irregular and invalid. The

notification stated that, the invalid recommendations of these irregular boards shall be

valid.

Has the Secretary of a department of the State Government the power to declare the

invalid acts of a directorate valid?

Another question arises. Why did the DG&IGP not make me the Member of the

PEB, when he was making only the ADGsP the Members of the PEB and he was Making

ADGsP junior to me the Members?

The answer lies in the powers and function of the PEB.

As per the Government Order:

1 The PEB shall decide all matters of transfer, posting, promotion, and other service

related matters of all police officers of and below the rank of DySP.

2 The PEB shall make recommendations about the transfer, posting, promotion, and

other service related matters of all police officers of and above the rank of Addl SP

and these recommendations shall generally be accepted by the State Government.

3 “The Police Establishment Board shall also function as a forum of appeal for

disposing of representations from police officers of all rank regarding their

promotion/ transfer and would have power of generally reviewing the functioning of

the Police in the state.”

Thus if the Members of the PEB are serious and sincere enough, they can minimise

the unethical political interference and make the entire police administration in the state

transparent and impartial.

53

Both the leaders of the ruling party and the spineless officers appointed by them in

the key administrative positions knew that, I could not be commanded to sign a unjust

draft prepared by them for the transfer, posting, and promotion. If there was any injustice,

the victim officer would approach me. And I should surely try to redress his grievance. If

there was any unjustified proposal, I should question the propriety. I should surely review

the general functioning of the entire police of the state. In short, the PEB would function as

one contemplated by the Honourable Supreme Court of India. The PEB would not

continue to be the rubber-stamp on the wish of the leaders of the ruling party and the

officers chosen by them. So they were determined to block my way to become the Member

of PEB.

They could not make me the Member of PEB for the same reason, for which

Mamata Banerjee could not agree to give me a post, where I should have any power in

recruitment, transfer, posting, promotion, and other service related matters of the police.

As a result, the PEB continued to be a rubber-stamp on the wish of the leader of the

ruling party, a worthless appendage of the department. The PEB was eager to commit even

illegality to please the political boss. One example would make the point clear.

By Home (Police) Department Notification No 1391-PS Cell/ 3P-11 Pt. II Dated 27-

07-2011, M K Singh, IPS (WB, 1987) was posted as IGP, Law & Order.

There was no recommendation of the PEB for this posting.

On 05-08-2011, the PEB under the Chairmanship of N Mukherjee, DG&IGP, WB

Police Directorate; and Membership of J C Chatterjee, ADGP, Administration; V Kumar,

ADGP, EB (junior to me); and ADGP, WBPRB (junior to me); ratified post facto the

proposal for the posting order.

The PEB is a creation of an order of the Home (Police) Department.

Being a creation of the department it could not cancel any order of the department.

So it could not ratify any order of the department.

When it has no power to dis-approve the posting order, what is the significance of

approving the posting done without its recommendation? Simply forfeiting the right of

recommendation.

54

As per the Government Order, the PEB was authorised to make recommendation

about his posting to the Home (Police) Department; and Home (Police) Department would

generally accept the recommendation. In other words, the department would have to state

reasons if it did not accept the recommendation of the PEB. When the PEB approved of the

posting order made by the department, the very purpose of the creation PEB was defeated.

How important were the posts of ED, Security and OSD, Co-ordination?

After the 2009 Parliamentary Election, Mamata Banerjee herself telephoned me.

Though I initially did not agree, I ultimately agreed. I joined the Central Deputation as the

Executive Director, Security, Ministry of Railways. So people used to think that, I was

posted in an important post in the Ministry of Railways. It appeared from different news

items in the newspapers that, many of the journalists making the report did not even know

the exact name of the post. Yet they made the reports to the effect that, Mamata Banerjee

was posting me in an important post. It might be that, the news items were prepared at the

instance of some persons interested in such news.

When I declined to join the post OSD, Coordination, Home Department (without

mentioning any rank), on the ground that the creation of the post was irregular and the

posting order was not proper, Mamata Banerjee herself told many people that, she posted

me in an important post. But I was not joining.

Were the posts of Executive Director, Security, Ministry of Railways, Government

of India and Officer on Special Duty, Co-ordination, Department of Home, Government of

West Bengal important?

In Schedule I of the Railway Protection Force Rules 1987, framed by the Central

Government, in the exercise of power conferred by section 21 of the Railway Protection

force Act 1957 (23 of 1957), there are posts like Director General, Inspector General,

Deputy Inspector Genal etc. But there is no post of Executive Director, Security. As the

Security (RPF) Directorate under the Secretariat (Railway Board) of the Ministry of

Railways is administered by the RPF Act and RPF Rules framed under the RPF Act, the

post of Executive Director, Security had no sanction of the relevant act and rules. It was

irregular and without any valid power.

55

When this was pointed out, an order was passed to the effect that, I should directly

report to the Minister of Railways and assist her in the matters of Security and Intelligence.

But no internal order was passed to ensure that, the files relating to these matters come to

me. So I had no formal work and so no power.

Then why did she take me there. Simply to ensure more votes. She tried to exploit

my image as an honest, impartial, and transparent officer. But she was aware of my

reputation. She did not like it. So she was not prepared to give me any assignment, which

would enable me to come in public contact and take decision in the working of the ministry.

So if I was made IG, RPF, being the second senior most officer of the directorate, only

junior to the DG, I would have enough discretionary powers in the matter of recruitment,

transfer & posting of officers and men, and the tenders and purchases of the directorate.

These were areas of interest and field for mining money. She did not want me there. If was

given the work in the MR Cell, I should put forward suggestion in those very matters,

which she did not want. Her attitude must be hardened after the CSC, CR.

I was being sent to WB area again and again. It pricked me. It appeared to me that,

I was posted for the whole of India. But I was going to WB time and again; and not going to

other areas proportionately. It was unwarranted. This was why I used to take permission

to visit other areas also. But the numbers of such visits to other places were less. So I

objected to such more visits to Kolkata and nearby areas. These instruction was generally

conveyed to me by G Sanyal or R Mukherjee. Once, when I pointed this out, Sanyal told,

“Sir, you move around the area so that the result of Assembly Election will be better.” I did

not know how my movement would affect the election result. Once, Mamata Banerjee

explained that. She said, “You very presence gives strength to our people and encourages

the subordinate police men there.” This clearly showed why she wanted me in New Delhi.

That was understandable.

But why did she bring me to WB?

She was not staying there. My posting was not regular. I was very much dissatisfied

with it. So I should surely agitate the point. If agitated and written to MHA and DOPT, her

tricks would be exposed. So she was prompt in writing to New Delhi for my return to the

state.

56

She was trying to keep me in good humour. But as she did not want me to see in any

posting, where I should have public contact and I should have any role in the recruitment,

transfer, and posting of officers and men and the acceptance of tenders or decision of

purchases, she was not in a position to give me any reasonably good posting, which she had

promised me. So after much deliberation she decided to post me as the Chairman of Wakf

Board. When I declined to accept the post, she became annoyed. The sycophants fanned the

fire. She tried to shout at me. When I retorted, she yet tried to pacify me by offering a post

in the Home Department. But her preferences could not allow her to offer me an acceptable

post.

I was then Additional Director General of Police. The corresponding Secretariat

rank was Principal Secretary. In the posting order, they were not even ready to mention

the rank. They simply stated ‘OSD, Coordination’. They wanted to keep the post

insignificant. This was why they did not mention the rank of Principal Secretary. [As on

this day (21-10-2012), the Home Department is being headed by a Principal Secretary.

Thus the rank of Principal Secretary connotes some authority. They did not want me to

have that.] They also did not give me any real work. I have already explained that, most of

the works enlisted were meaningless. As per the Rules of Business of the state, the work of

drafting of acts and bill was allotted to the Law Department (previously Legislative

Department). So it was not with the Home Department. Home Department allotted the

work to OSD, Coordination. Can you think of a greater fraud than this? You do not

possess that. You are distributing it. Similar was the allotment of Disaster Management.

There was separate Minister, separate Secretary, separate Director etc for that. Thus it was

with department other than Home. How can Home Department allot it?

There were about 150 items of works in the 19 branches/ cells10 of the Home

Department. Some items of works were, as follows:

Police Service Cell of Police Establishment Branch

1 Establishment matters for officers from the Indian Police Service and West

Bengal Police Service,

2 Police Establishment Board matters,

10 Home Department Order No 8408-P/ 1E-568/ 01(Pt.) Dated 05-11-2012 distributed the 141 items of works of 19 branches/ cells among 1 Chief Electoral Officer, 2 Special Secretaries, 7 Joint Secretaries, 1 Deputy Secretary, and 1 Under Secretary.

57

3 Police Medals,

4 Training matters,

5 ACRs of Inspectors of Police.

Secret Cell of Internal Security Branch

1 Authorising Telephone tapping,

2 Verification of antecedents by police,

3 CID/ CBI matters,

4 Secret report from different agencies,

5 Fake currency.

The Home Department did not allot even a single item of work of any of the

branches of the department to OSD, Co-ordination, Home Department, to which I was

posted; and the Chief Minister holding the charge of this Home Department was telling to

the unsuspecting people, “I have given a very good posting to Nazrulsaheb. But he is not

joining.” Can you beat this hypocrisy?

Thus they were not ready to give any work to me. They were not even giving the

rank I was holding to the posting order. This was not acceptable to any person with a

minimum sense of self respect.

Without going to further discussion, we may take a practical judgment. Generally

no important post remains vacant for long. Have you seen that the posts of Chief Secretary,

Home Secretary, DGP, or CP remain vacant for a long time? There is only one answer,

“No.” Then why the posts of Executive Director, Security and OSD, Co-ordination have

been lying vacant for so long?11

The post of Executive Director, Security was created for me. I left the post. None has

been posted there. The ministry was in the hands of her party till October 2012. As a leader

of the party, it was she, who was the ultimate authority on the Ministry of Railways. But

she did not take any action to post anyone in the post of Executive Director, Security. This

means that, the Security Directorate can run without Executive Director Security. So the

post was not important at all.

11 I am not aware that, any other person has been posted to the post of ED, Security, Ministry of Railways. One person has been posted to the post of OSD, C0-0rdination, Home Department, Government of WB only on 31-01-2013.

58

Mamata Banerjee herself stated that, the post (of OSD, Co-ordination) was very

important. I could not think so. But why are they not posting another officer to that post?

Is it because the post was so important that it could not be offered to any other person

except Dr Nazrul Islam?

There should be a limit to mean crookedness.

Her setting the daily owned by Chit Fund

As I refused to join the irregular post, a daily owned by a Chit Fund was set for

defaming me.

Her relationship with the editor of the daily, owned by a Chit Fund, was such that,

she formally inaugurated a compilation of writings of him, on 06-02-2013, in the Book Fair

stage of Jago Bangla, the mouthpiece of her political party. As per the front page report of

the daily dated 07-02-2013, other ministers from her party were also present in the

inauguration ceremony.

I joined the post of ADGP Training on 16-01-2012.

From the month of March 2012, the daily owned by a Chit fund12 had been

continuously publishing false statements against me to my detriment.

It had been publishing palpable lies for defaming me. For example, for giving the

false impression about me, it published on 30-07-2012 that, occupying the post OSD, Home

Department Nazrulsaheb engrossed himself in the internal feud of the department. But the

fact was that, I never joined the post. So there was no possibility of my being involved in

the internal feud of the department. So what the daily published was 100% malicious,

fabricated, and false statement. Other statements were also similarly malicious, concocted,

fabricated, distorted and false. Their guilt might be proved in the court.

I had been repeatedly submitting prayers to the Home Department under her (the

1st being on 31-03-2012 and last being on 27-08-2012) for sanction for the same.

12 The criminal activities of cheating the unsuspecting public by the Chit Fund was included in Dr Nazrul Islam’s Application Dated 13-07-2012, submitted through proper channel to the Home Secretary, for taking actions against the Chit Funds. In the said application he stated the legal provision for taking action. He also stated the order of one High Court, which made it must for the DG and other officers to keep a watchful eye on all such activities; and take timely action.

59

I did not get the sanction from the Home Department, which prevented me from

filing the case against the daily in time, which proved to be providing immunity to the daily

in their continuous criminal acts against me.

What was more surprising that, based on the ‘press-reports’ of the same daily13 the

same Home Department asked explanation from me.

In Home Department Memo Dated 28-05-2012, my attention was drawn to the

‘explanation and provided thereto, wherein it has been laid down’, “Nothing in this rule

shall be deemed to prohibit a member of the Service from vindicating his private character

or any act done by him in his private capacity”. The implication was that, all the

defamatory acts alleged in the reports were acts done in my private capacity.

But basing on these reports, the Home Department issued the Show Cause Notices

Dated 16-10-2012 and Dated 06-08-2012 to me.

In the Show Cause Notice Dated 06-08-2012, the Home Department even stated that,

the Show Cause Notice was being issued on the basis of press reports.

But it did not supply the particulars or copy of the press reports.

The copies of the press reports were not furnished to me even after my Application

under RTI Act to SPIO Home Department, 1st Appeal to Appellate Authority Home

Department, and 2nd Appeal to WB Information Commission..

This shows that the daily and the Home Department under her were acting in

concert to malign me.

It may be mentioned that this daily owned by the Group of Chit Fund Companies

was in the list of the State Government for keeping in the libraries owned or aided by the

State Government, in exclusion of many other dailies.

After the two books were published, few other dailies owned by other Chit Funds

and a daily owned and edited by MPs of her party joined the crimes of defaming me.

Even police, administration, and party leaders were set against me.

Some police officers and men of Kolkata Police under the Disciplinary Authority

threatened the publishers over phone at dead of night and asked them not to sell the books.

13 There was no such report in any other paper or periodical.

60

On 31-08-2012, they went to the sales counter of Mitra O Ghosh Publishers Pvt Ltd, closed

the sale counter and took away the keys. They went to the publishing house and searched it

for the book without taking any independent witness and without making any seizure list.

On not getting the copies of the book they went to the house of the publisher. Against these

illegal activities of Kolkata Police (under her control), the publisher submitted an

application to the State Human Right Commission. The WB Human Rights Commission

was inquiring into the allegation.

On 06-09-2012, one Imaran Ali, son of Idris Ali, defeated MLA candidate of ruling

Trinamul Congress Party filed a PIL14 in the Honourable Calcutta High Court for banning

the two books. Till to date they did not get any order from the honourable court. The PIL

was not even admitted. It shows that the PIL was baseless, unfounded.

Then the Home Department under her issued show cause notice for starting

disciplinary proceeding against me to deprive me from my due promotion.

Previously a member of the service could not take recourse to press or court for

vindicating his official acts and character without the sanction of the Government. But by

G S R 52 Dated 13-01-1995, a proviso was added. It provided that, if no such sanction was

conveyed within 12 weeks, the member of service would be free to assume that the sanction

was granted.

Taking advantage of this proviso, I filed a case [AC 2203 of 2012 u/s 500, 501, 502,

34, 120B IPC, now pending in the court of 7th JM, Alipur] against the Reporter, the Editor,

Printer, Publisher, and the Chief Publisher of the daily.

The case was registered on 10-09-2012 forenoon and on the same day of 10-09-2012

Show Cause Notice was issued to me.

The disciplinary proceeding to deprive me my due promotion

The Home Department and P&AR Department under her have started the

disciplinary proceeding against me for my writing for the development of the Muslims in

the two books, ‘Musalmander Karaniya’ and ‘Musalmander Unnatir Janya Ki Karte

Habe’. Actually it has been done to deprive me from my due promotion to the DG rank.

14 W P No 20246 (W) of 2012

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I could explain the allegation of the Show Cause Notice Dated 06-08-2012. So the

Home Department kept the allegation in its Show Cause Notice Dated 10-09-2012 vague so

that I could not explain it so well. In my Reply Dated 14-12-2012 I pointed this out. But the

Home Department issued the charge sheet to deny me the promotion to the rank of

Director General.

It might be mentioned that, I was the senior most Additional Director General of

Police and was posted in the Training Branch.

The post of Director General of Police in the Training Branch became vacant from

31-10-2012 afternoon.

So the authority could promote me to the rank of Director General of Police,

because up to that date, there was nothing to disqualify me.

But the Home Department under her did not do so; and on 22-11-2012, it issued the

charge sheet against me; and after a few days promoted my juniors to the rank of

DG&IGP, and thus deprived me from the promotion.

The transfer to create dislocation and disturbance

The Home Department under her served me the charge sheet on 23-11-2012

afternoon and directed me to submit the written statement of defence within 15 days.

But before the expiry of those 15 days, the Home Department under her served on

me the transfer order dated 03-12-2012.

I was posted as ADGP, Provisioning, and the then incumbent A K Maliwal, ADGP

Provisioning, was posted as ADGP, Training in my place.

I joined the post of ADG&IGP Training only on 16-01-2012, that is, less than one

year before. So I was not overdue for transfer.

Thus the transfer order was out of bias, for creating dislocation and disturbance, so

that I cannot write my statement of defence properly.

This was why:

(i) The supporting staff from the office of ADG&IGP, Provisioning were

transferred to the office of ADG&IGP, Training; but

62

(ii) The supporting staff from the office of ADG&IGP, Training were not

transferred to the office of ADG&IGP, Provisioning;

(iii) I was being constantly disturbed and humiliated in the office of ADG&IGP,

Training; and

(iv) I was forced to join the office of ADG&IGP, Provisioning, by asking ADG&IGP

Provision to assume the charge of the office of ADG&IGP, Training, while I was

on medical rest.

On 04-12-2012, the transfer order dated 03-12-2012 was received through West

Bengal Police Directorate. The same day A K Maliwal telephoned for taking over charge.

On 06-12-2012, I found the West Bengal Police Org No 6953 PER/A//PER/A177/03

(PT) Dated 05-12-2012, which stated that the four police personnel then on deputation to

him in the Office of ADG&IGP, Provisioning would be on deputation to Training.

On 06-12-2012, the Times of India, Kolkata published a report that, I was not

cleared for Director General rank in Departmental Promotion Committee the previous

day.

On 07-12-2012 I received an Org dated 06-12-2012 from A K Maliwal that he was

ready to take over and make over charges. In the evening he received another Org Dated

07-12-2012 from A K Maliwal wanting to know the date and time of taking over charge.

[December 10 is the Human Rights Day. Like every year, an inter police units

debate competition was scheduled to be held on 10-12-2012, where Chairman of the State

Human Rights Commission Justice Ganguly was invited and he agreed to come.]

On 07-12-2012, I found that, on 06-12-2012 IGP, Training, H P Singh put a written

proposal directly to Shri J C Chatterjee, DG&IGP, State Crime Record Bureau, who was

also holding the additional charge of DG&IGP, Training, bypassing me, who was still

ADG&IGP, Training . Shri Chattrjee also, without taking the view of mine, who was

present in the office al through the day without any break, ordered to defer the

programme.

In his Letter Dated 07-01-2012, addressed to DG&IGP, West Bengal Police

Directorate, I stated that:

i) There was no regular post of PS/Steno to the post of ADG&IGP, Provisioning.

Some officers and men were on deputation to assist ADG&IGP, Provisioning. By

63

its message dated 05-12-2012, they were ordered to go to the office of

ADG&IGP, Training.

ii) There was regular PS to the post of ADG&IGP, Training. There were some

other officers and men on deputation to assist him. They were not transferred to

the office of ADG&IGP, Provisioning.

I prayed to them that, either the PS and staff attached to the office of ADG&IGP,

Training be transferred/ deputed to the office of ADG&IGP, Provisioning or some other

officers and men be posted/ deputed to assist ADG&IGP, Provisioning.

Without doing so, the West Bengal Police Directorate, in its message dated 13-12-

2012, directed to comply with the order of transfer ‘without any further delay’.

In my memo dated 14-12-2012, I described the whole circumstances and requested

to let me know whether the authority wanted him to join the post of ADG&IGP,

Provisioning without assisting hands.

I did not get any reply. The authority asked Mr Maliwal to assume charge of the

office of ADG&IGP, Training, while I was hospitalised and was recommended medical

rest. Thus the authority compelled me to join the post of ADG&IGP, Provisioning, after

removing the assisting hands from the office and not giving their replacement.

This was done out of bias, so that I cannot write my statement of defence properly

so that I may be given punishment.

Forgery of Supreme Court Judgment and other documents by Home Department and

P&AR Department under her

What is more objectionable, the Charge Sheet issued by Government of West

Bengal to me is based on forgery of not only other documents (which is a criminal offence

punishable with ‘imprisonment of either description for a term which may extend to two

years, or with fine, or with both’ under section 465 Indian Penal Code read with section

463 Indian Penal Code) but also of Honourable Supreme Court Judgment ( which is a

criminal offence punishable ‘with imprisonment of either description for a term which may

64

extend to seven years and shall also liable to fine’ under section 466 Indian Penal Code

read with section 463 Indian Penal Code).

A bird’s eye view will make the point clear.

The Government of West Bengal issued a Show Cause Notice against me, IPS, then

ADG&IGP, Training, for writing two books. The Show Cause Notice, bearing Memo 1841-

PS Cell/HR/0/3C-23/12 Dated 10-09-2012, was signed by ‘Basudeb Banerjee, Principal

Secretary to the Government of West Bengal, Home Department’. The allegation in the

show cause was kept vague.

I submitted the Reply Dated 14-09-2012.

The Government of West Bengal issued Charge Sheet by the Memo No 946-P&AR

(vig) Dated 22-11-2012 of Vigilance Cell of P&AR Department. The memorandum was

signed by ‘Basudeb Banerjee, Principal Secretary, Home Department & Home Secretary’.

As the translations were not tallying with the portions of the books referred to, I, in

my Letter Dated 04-12-2012, addressed to Principal Secretary, Home (Police) Department,

requested for the authenticated copies of the documents, with the marking of the portions

referred to.

By Memo No 1012-P&AR (Vig.) Dated 14-12-2012 of Vigilance Cell of P&AR

Department, signed by A Sengupta, WBCS (Exe), Joint Secretary, Vigilance Cell, P&AR

Department, sent the Bengali sentences and the English translations, authenticated by

‘Basudeb Banerjee, Principal Secretary (Home) & Home Secretary’; and it did not send

the documents with marking of the portions referred to.

From the two memorandums it transpires that, Mamata Banerjee and Basudeb

Banerjee and others, in furtherance of their common intention to frame Charge Sheet

(which deprived me of the due promotion and posting), committed the offence of forgery as

follows:-

They forged the Supreme Court judgement in support of their right to issue the Charge

Sheet

65

They have forged the judgment of the Honourable Supreme Court of India to suit

their purpose to victimise me in Para 6 of the ‘Statement of imputations of misconduct’.

They have quoted the judgement in M H Devendrappa versus Karnataka State

Small Scale Industries Development Corporation15, within inverted commas,

“Joining Government Service has, implicit in it, if not explicitly so laid down, the

observance of a certain code of conduct necessary for the proper discharge of functions as a

Government Servant. Making public statements against the head of the organisation on a

political issue amounts to lowering the prestige of the organisation in which he worked. On

a proper balancing of individual freedom of the appellant & proper functioning of the

Government Organisation which had employed him, the Supreme Court held that this was

a fit case where the employer was entitled to take disciplinary action.”

These three consecutive sentences are nowhere in the judgment. Thus it is a pure

case of forgery of Supreme Court judgment.

On careful examination of the judgment against the portion quoted within inverted

commas it appears that, they have taken the help of interpolation and removal, that is,

forgery for showing that, the Supreme Court judgment allowed them to initiate

disciplinary action against me, as follows:

I The last sentence of the judgment quoted actually is,

“On a proper balancing, therefore, of individual freedom of the appellant and

proper functioning of the Government Organisation which had employed him, this was fit

case where the employer was entitled to take disciplinary action under Rule 22.”

Thus they have

(i) inserted ‘the Supreme Court held that’ before ‘this was a fit case’.

(ii) omitted ‘under Rule 22’ after ‘disciplinary action.’

15 AIR 1998 SC 1064

66

They have left out the last very important portion of the sentence; but have not

indicated the left out, in the sentence quoted within inverted commas.

They have done it to hide that the proceeding before Honourable Supreme Court’s

consideration in that case was under rule 22 of the Service Rules of Karnataka State Small

Industries Development Corporation and not under any rule of All India Services

(Conduct) Rules.

In paragraph 12 of the judgement the Honourable Supreme Court quoted Rule 22

from the appellant’s Special Leave Petition as,

“An employee who commits a breach of these rules or displays negligence,

inefficiency, or insubordination, who knowing does anything detrimental to the interests or

prestige of the Corporation or in conflict with official instructions or is guilty of any

activity of misconduct or misbehaviour shall be liable to one or more of the following

penalties.”

In paragraph 13 of the judgement the Honourable Supreme Court stated,

“... Article 19(2) and 19(4) may not be directly relevant in the present case in view of

the provisions contained in Rule 22 of the Service Rules.”

And the Disciplinary Authority has omitted these very ‘provisions’ from the part of

the sentence, “the employer was entitled to take disciplinary action under Rule 22.” Thus it

was a significant major alteration of the sentence of the judgment.

It was forgery.

67

II The first sentence quoted actually is,

“In the present case, joining Government service has, implicit in it, if not explicitly

so laid down, the observance of a certain code of conduct necessary for the proper

discharge of functions as a Government Servant.”

The first part of the sentence, ‘In the present case’ has been omitted and last part

quoted; but they have not indicated the left out in the quotation within inverted commas.

Thus they have wanted to hide that, the statement, ‘joining Government service has,

implicit in it, if not explicitly so laid down, the observance of a certain code of conduct

necessary for the proper discharge of functions as a Government Servant’ was specifically

made for that particular case and not in general.

It was forgery.

III The first sentence of quotation is a part of a sentence; and is from the mid of

paragraph 19 of the judgment.

The last two sentences (including the last forged sentence) were taken from the

second last paragraph 22 of the judgment.

There are part of paragraph 19, whole of paragraph 20, 21 and part of paragraph

22 in between. But the Disciplinary Authority has not indicated the left out in between.

It has so quoted it that these three sentences [including the first ‘part of a sentence’

and the last forged sentence (with both interpolation and omission)] are successive

sentences – the last two coming just after the first.

68

This they have done to show that the judgement is absolutely relevant and in its

favour, which is not.

Thus, for showing that the judgment is absolutely in their favour, they have forged

the Supreme Court judgment to victimise a member of the Service, which is not only bias

but also a criminal offence punishable ‘with imprisonment of either description for a term

which may extend to seven years and shall also liable to fine’ under section 466 Indian

Penal Code read with section 463 Indian Penal Code.

They forged other documents also to issue the Charge Sheet

There are many more forgeries of other documents, in the Charge Memo.

For example, in Para 3 i) of ‘Statement of imputations of misconduct’ in Annexure

II of Memo Dated 22-11-2012, it has given 3 sentences and has given indication “Page No 9

& 10”.

Any normal individual will think that the 3 sentences must be from the end of ‘Page

9’ and beginning of ‘Page 10’. But the 3 sentences are in no way matching the sentences

from the end of ‘Page 9’ and beginning of ‘Page 10’. Thus it is a case of misrepresentation.

So in my Letter Dated 04-12-2012 to the Principal Secretary, Home (Police)

Department, I stated, “The translations, given in Annexure – II, were not exactly tallying

with the relevant portions of the books referred to. So the portions translated should kindly

be marked.”

None can say that the request was unjust.

But they have not done so.

Instead of that, it has stated, “You may inspect the documents during inquiry by the

Inquiring Authority, if and when it is held”.

Thus it denies him the opportunity to write his defence properly.

The Bengali sentences given in Para 3i) of ‘List of documents’ of ‘Annexure III’

with Memo Dated 14-12-2012 [which is substantially different from the ‘List of documents’

69

of ‘Annexure III’ with Memo Dated 22-11-2012], are suffering from the same

misrepresentation.

While the 3 Bengali sentences were matched against other sentences of other

portions of the pages it appeared that, they had torn out 2 sentences from the middle of

‘Page 9’, left the remaining sentences of ‘Page 9’ and beginning sentences of ‘Page 10’ and

again torn out another sentence from the middle of ‘Page 10’; but did not indicate that it

had left out many sentences in between. This is not only misrepresentation but also forgery,

which is a criminal offence punishable with ‘imprisonment of either description for a term

which may extend to two years, or with fine, or with both’ under section 465 Indian Penal

Code read with section 463 Indian Penal Code.

Similar are the cases of Para 3v) and Para 3 iii).

The other paras are also suffering more or less from the defect.

Drawing inspiration from the judgment of Justice Y V Chandrachud in Gopal

Vinayak Godse v. Union of India and Ors.16, the three member Division Bench consisting of

Honourable Justices D K Seth, A K Basu, S Pal of Calcutta High Court very clearly opined,

in para 11(3),

“The matter charged of, as being within the mischief, must be read as a whole, one

cannot rely on stray, isolated passages nor indeed can one take a sentence here and a

sentence there and connect them by a meticulous process of inferential reasoning”.

The three member Division Bench opined, in para 11(6)

“A passage here or a passage there, a sentence here and a sentence there, a word

similarly, may if strained and torn out context supply inflammatory matter to willing mind,

is a process not permissible.”

They have exactly done what is not permissible.

They have torn out a few sentences, in many cases only one sentence out of context

to suit their purpose, as follows:

16 AIR 1971 Bom 56

70

Statements with number of sentence(s) Total Forged statements with

one sentence here and one

sentence there, but the left

outs not indicated

1 2 3 4 5 6 7

Paras of

statements

1ii),

2ii),

4ii),

4v)

4vi),

4x)

1i),

2iii),

3ii),

4i),

4iv),

4vii)

4ix)

5ii)

3i), 4viii) 3iv),

4

5i)

1iii),

3v)

2i),

3iii),

3i) [1 left out],

3iii) [2 left outs],

3v) [1 left out]

Number of

statements 6 9 1 1 3 2 2 24

Out of the 24 translations from Para 1 to Para 5 of the ‘Statement of imputations of

misconduct’ 6 are of single sentence, 9 are of two sentences, rest are of a few sentences; the

highest being of 7 sentences.

In 3 translations one sentence is taken from here and another sentence is taken from

there; the left out portions are not even indicated in the translations; a method not ethical

and surely not permissible. In one translation sentences are left out twice but not indicated.

In the same para 11(6) the three members Division Bench ordered, “We must read

the book as a whole, we must try to find out central theme of the book and must not ignore

the context of a passage and we must try and see what, reasonably was the author

intending to convey and what would be the reaction of the common reader.”17

They violated all these and forged the documents to issue Charge Sheet to deprive

him of his due promotion, posting and pension.

She was the Minister in charge of Home Department and P&AR Department at the

relevant time.

As per ‘Para 19 of Part III.-Departmental disposal of business’ of ‘Rules of

Business’ framed under Article 19(3) of the Constitution of India, “Except as otherwise

17 Sujato Bhadra vs State of West Bengal, CriLJ 364

71

provided by any other rule, cases shall ordinarily be disposed of by or under the order of

Minister-in-Charge....”.

Thus this grave crime was done ‘by or under’ her order.

There was no reason to be happy at the receiving of birthday wish from such a

person.

I, as a citizen living and serving in the state, am shocked at her blunders, a few to

be mentioned, very briefly were:

1. On 19-04-2012, she assured that the order for reservation for Muslims in admission

to educational institutions and government services would be issued within a month.

No such order was issued within a month. It has yet not been issued after

many months.

Every day, it is being proved that, she gives false promises and does not

honour her promises.

2. On 05-02-2012, there was an alleged rape. It was reported to the Park Street PS.

Before the completion of the investigation, she declared that, it was an

arranged incident.

The ultra loyal Police Chief echoed her claim.

When some officer performed the creditable work of detecting the crime and

arresting the criminal, that officer was punished by transfer to less important post,

and Police Chief, who echoed her false claim, was kept intact in his post. This shows

that

(i) She encouraged police to suppress the incident of heinous crime, which was

itself an offence.

(ii) Though there was rape she wanted to show that there was no rape because

she wanted to show that such crimes did not happen in a state, where she was

the Minister in charge of Police.

(iii) Being a lady she had no sympathy for the lady, who was raped.

72

(iv) She did not appreciate efficient police officer, who could detect the crime.

She appreciated the officer, who was ready to suppress crime, which itself

was a crime.

(v) Thus she liked criminal not good police officer.

Public opinion compelled her administration to submit charge sheet and the

accused were refused bail by the highest court of the country.

This clearly showed that, she was not honest in her duty and was ready to

victimise even rape victim to keep her image good.

3. On 08-08-2012, a person, present in her public meeting, pointed out that her

promises to poor people like him were not honoured and they had to pay more for

fertilizer.

She at once branded him Maoist and ordered the police to apprehend him.

He was arrested, lodged in lock-up, was forwarded to court and was charge

sheeted for graver offences of criminal trespass, hurt to deter public servants from

discharging duty, assault to deter public servants from discharging duty and

criminal intimidation, though public know that he did not commit any of these

offences.

His only offence was he questioned the authenticity of her announcement.

The highest officers of the Police Directorate and Home Department did not

draw her attention that, this was clearly showing that, she was utterly intolerant and

was ready frame an innocent person falsely, as he questioned the authenticity of her

claim.

4. When she felt unease at the question of a student, she became so agitated that she

left the programme. It publicly showed that, she would love only praise and

sycophancy and not ready to face hard truth.

5. In open meeting:

(i) She loudly asked (at Esplanade) the descendants of ‘Daharbubu’ to meet her.

It displayed that she did not know that, dahar was not the name of another

martyr like Sidh and Kanu. Dahar meant road.

(ii) She proudly declared (on 21-01-2013 at Canning) that, the Chairman of State

Public Service Commission would take interview of candidates for IAS and

73

IPS. It showed that she did not know that IAS and IPS officers were

recruited through the Central Civil Services Examination by Union Public

Service Commission and not by State PSC.

(iii) She confidently declared (on 18-12-2012 at Pundibari, Coochbehar) that, IIT

would be established at every block. It showed that she did not know the

difference between IIT (Indian Institute of Technology) and ITI (Industrial

Training Institute).

It is true that, it is not possible for anyone to know everything. It is equally

true that, one should not dwell on what he or she does not know. It is equally true

that, one should have remorse for making such blatant false statement and correct

these on detection. She did not do it even once.

6. After death in police firing on 02-12-2011, she declared that, action would be taken

under Indian Constitutional Law if the police officers were found guilty.

It showed that, she was not aware that, though Constitution was the highest

law of the land, action against police officers are taken as per procedural law, and

not constitutional law.

7. In open programme she advised people not to lend book, wife, and intelligence/

intellect/ knowledge to another, because he would not return them but would use.

Using the wife of one by another was not a parliamentary comment.

The non-return of intelligence was a comment out of ignorance. The

imparter of intelligence/ intellect/ knowledge does not become devoid that. So there

is no question of its return.

Thus the comment showed her in a very low.

Conclusion

74

From these experiences of mine with her – from the incidents of her deceptive

assurances, her false promises, her arrogances, her insecurities, her arbitrariness, and her

lack of trustworthiness – it appears to me that,

seldom she speaks the truth or correct thing18,

has any remorse for saying or doing a wrong19,

has honoured her promises20,

preferred honest person to dishonest person21,

has acted honestly22,

has thought about the welfare of others23,

has acted democratically24,

has showed courtesy25, and

has any dislike for sycophancy26; and

yet she wants to be regarded as an honest,

impartial,

transparent, and

democratic person.

18 ‘Khoda Hafez’ meaning ‘Allah is the protector’ is used at the time of parting with. She often utter it in the mid of her lecture and in combination with ‘Inshallah’ meaning Allah wishing.19 In open meeting she asked the descendants of ‘Daharbabu’ to meet her, ostensibly taking ‘Dahar’ of Sidhu-Kanu Dahar as another martyr like Sidhu and Kanu. But she did not display any remorse for her such fault out of utter ignorance about the persons on who she was delivering lecture.20 She promised me good posting so that I could work well, which the CPI(M) was not doing. She did not honour her promise.

In the open meeting at Basirhat on 19-04-2012, she promised that, within a month, she would pass the order for the reservation seats for Muslims for admission in schools and colleges and in government service. It was not done.21 On being CM she appreciated the officers she had been so long terming as partial and hence dishonest.22 She asked me to initiate action against Mr Sidhu. When I did so, she let him off by humiliating me, allegedly by taking hefty bribe.

The declaration of allowances to the religious performers of only one religion was partiality and hence dishonesty in a secular country.23 All her claim for working for the under-privileged was found to be false.

Her claim that she had done 90% of the promises to Muslims showed how she did not want their welfare. 24 Her order to arrest Siladitya Chaudhury revealed the presence of autocrat and absence of democrat in her.

Her order to start disciplinary proceeding against me for writing for the development of my co-religionists displayed her lack of acting in a democratic way.25 When a college girl asked some question, she left the programme, displaying lack of courtesy.

Her mimicry of the Prime Minister displayed her utter lack of courtesy.26 I watched the sycophants eulogising her. She did not show any annoyance.

75

It matches well with her flaunting a fake doctorate degree27 from a non-existent East

Georgia University28. She did not perform any research. She did not submit any thesis. Yet she

wanted to be known as a regular doctorate, obviously by perpetrating fraud.

So I could not be happy at receiving the birthday wish from such a person.

She was sending birthday wish neglecting her essential duties.

I was working in New Delhi under her, honouring her request. She got the order

passed that I should work directly under her. So, it was her duty to write my Performance

Appraisal Report in time. She did not write. It was not her duty to wish on my birthday.

She wrote the letter.

Thus she is doing what she is not duty bound to do but not doing what she is duty

bound to do. It is not a healthy behaviour.

I could not find any other reason for her choosing this birthday (03-02-2013) for

sending her wish except, the injustice perpetrated on me by her.

I joined Ministry of Railways on 20-01-2010. I was working under her. She did not

wish on my birthday on 03-02-2010.

As per her order, I was working directly under her. She did not wish on my

birthday on 03-02-2011.

On her order, I joined as ADG&IGP on Compulsory Waiting on 22-06-2011. I

joined as ADG&IGP, Training on 16-01-2011. She did not wish on my birthday on 03-02-

2012.

Then what is special for 03-02-2013?

I wrote two books for the proper development of the Muslims.

She got issued vague Show Cause Notice.

Though I replied well, she got issued Charge Sheet for Disciplinary Proceeding, even

forging Supreme Court Judgement.

She got denied me the promotion to the rank of DG and promoted my juniors.

27 Doctorate for Mamata, The Telegraph, 18-09-2012, p 7 c 228 En.wikipedia.org/wiki/Mamata_Banerjee retrieved on 08-10-2012.

76

She got me transferred to more insignificant post before I submit the written

statement of defence.

She got removed the supporting hands from my new office so that I cannot write my

written statement of defence properly.

She prevented me from presiding over the closing ceremony of the Bengali Festival

on 18-02-2013 at Raipur, Chhattisgarh (for which I was invited), though no official work

had yet been allotted to me in my present posting even after several reminders.

This may give her some sadistic pleasure, but will surely not be able to compel me to

toe in her line, which will render me dishonest.

I was born free and honest. I shall try to be honest till my death.

And I take full responsibility for what happens to me.

Had I not swum against the current of partiality, lack of transparency, sycophancy

and corruption my career should not be so troublesome.

Had I not filed the First Information Report against the police officers including IPS

officers for their involvement in appointing persons using forged documents (which also

revealed the involvement of other IPS officers like the present DGP and the then Vigilance

Commissioner in the crime) the said Vigilance Commissioner, in collaboration with others,

did not start the ‘inherently illegal inquiry ’against me on the basis of a pseudonymous

complaint, most probably manufactured by them.

Had I not

(i) refused to toe their line of obedience to impartiality;

(ii) refused to help them in dishonest means in elections;

(iii) objected to the use of police in partisan way;

(iv) started case against ruling party leader for selling bags of cement meant for

construction of bridge on government road in the black market; and

(v) arrested the ruling party MLA and the son of the ruling party MP for a case of

unlawful assembly, arson, and murder of an opposition supporter;

the then ruling party did not approve of the starting of illegal inquiry against me by the

Vigilance Commissioner.

77

Had I not drag the then administration to court and/ or commission and compelled

the then State Government

(i) to pay to me a symbolic cost of Re One as a recognition of wrong done to me;

(ii) to fix who was responsible for initiating the inherently illegal inquiry against me;

(iii) to write to the Central Government for recovering the amount from the pension

of that Vigilance Commissioner;

(iv) to face a penalty of Rs fifty thousand for the harassment and detriment caused

to me,

the then would be Minister of Railways did not phone me, of her own, with a request to me

to join her in the Central Government.

Had I not been known for my honesty and non-compromising attitude towards

corruption and partiality, she need not keep me without any work.

Had I not made it known to her that I came to know that, she had got Mr Sidhu let

off irregularly, allegedly by taking bribe (which was made possible by my inquiry and

drafting charge against him as per her direction) she should not be so apprehensive about

appointing me in any important post.

Had I not been known as in favour of taking drastic actions against the cheating of

unsuspecting people by the Chit Funds (who were so much in the good book of the present

ruling party that its highest leader was attending function organised by the Chit Fund and

making employee of Chit Fund Rajya Sabha MP) the Chit Fund owners could not be so

willing to defame me in the print and electronic media controlled by them to please the

ruling party leaders.

Had I not

(i) refused to be the Chairman of Wakf Board;

(ii) refused to join the insignificant post of OSD, Co-ordination (without mentioning

any rank), created irregularly;

(iii) objected to my exclusion from the Police Establishment Board;

(iv) written to the State Government for taking actions against the Chit Funds; and

(v) written for the proper development of my co-religionists (which exposed her

false claims about their development)

78

she did not set the newspaper owned by Chit Fund to defame me, issue the vague show

cause notice and start the disciplinary proceeding even by forging Supreme Court

judgment and deny me the promotion to the rank of DG.

Why have I done these?

My conscience and commitment to the welfare of my country and countrymen

compelled me to do these.

As before, I shall face everything and fight to the last for bringing justice to them

also, who have even forged the Supreme Court judgment to victimise me.

Hope, this will assure her about my ‘meaningful contribution to the society’, which

madam has wished on my birthday.

Yours faithfully,

18-02-2013.

(Dr Nazrul Islam),

ADG & IGP, Provisioning,

Bhabani Bhawan, Kolkata-700027.

79

Ph: 24482411 (Off)24260174 (Res)

Dr Nazrul Islam, B Sc, M A, M B A, Ph D, D Litt, I P S,ADG & IGP, Provisioning,Bhabani Bhawan, Kolkata-700027._____________________________________________________________________________

Memo No: ADGP Prov/ Con/ 02 Date 20-02-2013

To

Mamata Banerjee,

Honourable Chief Minister, West Bengal,

Writers’ Buildings, Kolkata-700001.

Through

3 The DG&IGP, WB Police Directorate, Writers’ Buildings, Kolkata-700001.

4 The Additional Chief Secretary, Home Department, Writers’ Buildings, Kolkata-

700001.

Ref: Her Letter Dated 03-02-2013.

Sub: My reply to your wish on my birthday for my ‘happy, prosperous and long life’ and

my continuation ‘with meaningful contribution to the society through’ my ‘services’.

Madam,

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I am sending my reply to your wish on my birthday for my ‘happy, prosperous and

long life’ and my continuation ‘with meaningful contribution to the society through’ my

‘services’, in a closed cover.

Yours faithfully,

20-02-2013.

(Dr Nazrul Islam),

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