Objections regarding Pexes new seniorty list dated 20/10/2010

To

1. Secretary, 4. CEO
MIB(BAP Section) Prasar Bharati
ShastriBhavan PB Secretariat
NewDelhi PTI Building, New Delhi

2. Secretary, 5. DG,
UPSC Doordarshan
Dholpur House, Mandi House
Shahjahan Road, New Delhi-
New Delhi-

3. Member (Personnel) 6..DG:AIR,
Prasar Bharati Akashwani Bhawan
PTI Building New Delhi-110001.
New Delhi-110001

Sub: Objections regarding serious illegalities and frauds in draft seniority list of Programme Executives/Staff Artistes No. 9/1/2010-SI(B) dated 20.10.2010 .

Sir/Madam,

1. It is on record that following the directions of the J&K High Court in Mohd Ashraf Lone vs UOI(WP No.1261/1991) , the UPSC has conducted a review DPC on 10.6.2002 promoting Programme Executives and Staff Artists to Class I Posts for the period 1982 to 1989/1990.

2. Following the Ashraf Lone review DPC, the seniority lists of both Programme Executives and the Staff Artists would have to be revised w.e.f.1990 onwards. This is also a stated position of DG:AIR, the Ministry of I&B and the UPSC as per records, some of which have been obtained under RTI.

3. However, in spite of this stated position, no seniority lists of Pexs and Staff Artists have been revised /published by the DG:AIR and the Ministry to further conduct correct DPCs featuring only eligible persons. Instead, DG:AIR and the Ministry have been knowingly promoting non eligible persons by creating self styled eligibility/seniority lists without taking into cognizance the review DPC conducted by the UPSC for the period 1982-1990 in which even the current DG,AIR Ms. Noreen Naqvi and all other DDG’s feature. .It is a different matter, that in the review DPC of Ashraf Lone case, several frauds were committed which will be taken up separately.

4. DDG(A), Sh. Raj Kamal in his note dated No.32013/02/2008-SI(A) to the Ministry on 4.4.2009 has correctly recorded that the outcome of the Ashraf Lone review DPC has a direct bearing on subsequent Review DPCs to be held w.e.f.1990 from the cadre of Programme Executive to the JTS Grade of IB(P)S for which contempt cases are pending.

5. As can be seen from the minutes of the inter departmental meeting held by UPSC with the Ministry of I&B, DG:AIR and DG:DD officials on 19th August 2010, in connection with the contempt cases referred to in para 4 above, the UPSC has in para 3 (e) asked the Ministry /DG:AIR to clarify the reasons for the non implementation of the Ashraf Lone Review DPC held on 10.6.2002. Para 4(e) of the said minutes issued by UPSC, quotes Ministry of I&B officials stating that following the acceptance of the recommendations of the review DPC for the period 1982-1990 by the MIB, vide order dated 28.4.2010, all the seniority lists for the subsequent period will have to be revised.

6. However, in spite of these stated positions, which are on record, both DG,AIR, and the MIB are deliberately acting contrary to the rules and are continuously issuing illegal orders and lists. This clearly establishes what is open knowledge in the Department, that huge amounts of money have exchanged hands to maintain and continue the illegalities. Files and lists are clearly seems to be being prepared on the basis of bribes and corruption. The latest draft seniority list of Pexs/staff artists as on 2010 is a glaring example of this malpractice, as a seniority/eligibility list of pexs/staff artists as on 2010 is meaningless and is void ab initio as the list that is required to be made of Programme Executives/Staff Artists is w.e.f 1990.

7. The said draft 2010 seniority list of Pexs and staff artists issued by DG:AIR is meaningless and void ab initio not only for the reasons stated above, but also because the list of Pexs /Staff artists as on 2010 can be determined only after the review DPC for the period 1990 onwards ( to 2010 ) is conducted. It is seen that DG:AIR without conducting this review DPC for the last six years has mischievously removed the names of several persons who are to feature in this review DPC to JTS of IBPS from the list of Pexs/staff artists as on 2010. Shockingly, these persons have been illegally included instead in seniority /eligibility lists for promotions from STS to JAG. Such inclusion has been done, inspite of their promotion order No. 32013/3/2000-B(A)-Vol.II dated 25th August 2000 to the post of JTS issued by MIB being quashed by the Principal Bench of CAT on 26th March in O.A. No. 399/2001. This again is a clear indication of the corruption continuing in the department. (Relevant pages of CAT order and order No. 32013/3/2000-B(A)-Vol.II dated 25th August 2000 are enclosed as Annexure )

8. Further to this, several irregularities can be noticed even while taking a cursory glance at the 2010 list, establishing corruption and intentional concealing/distortion of facts. To illustrate this point a couple of objections listed below should please be taken on record.

a) A person like Vinod Kumar Singh, has been shown in the current 2010 list at s.o. 55 , while Kum M. Raveendrananth his established senior has been shown at s.no. 80. In the seniority list of Programme Executives , corrected w.e.f 1983 and issued through court orders in 2007 , the position of Sh. Vinod Kumar Singh was at s.no. 160, i.e 30 positions below Kum M.Raveendranath who was at s.no.130. A number of such examples are seen in this list.

b) Several persons like V.N.Dubey , M.Y.Pawar, are placed below Sh. Hirak Ranjan Roy, Pex in the corrected list of 2007. These persons have once again been positioned above Sh. Roy. Action should be initiated against the Officials who have made such manipulations.

c) The list of staff artists, mischievously indicates only “date of joining”. It does not indicate whether this date of joining is in regular government service or otherwise. This is particularly pertinent in view of enclosed letter of DDK Rajkot indicating that Sh. V. B. Desai was declared temporary government servant in 1993 on the basis of some telegram. The Seniority list however indicates that V.B. Desai has joined in 19.5.1984. DG:AIR should disclose all facts, relevant rules etc as to how he has been included in this draft seniority list. When IBPS Rule state that only regularly recruited persons can be included in IBPS it is not known how such persons were included. How many such persons were included of this nature and on what criteria or gratification?

d) Since such clearly questionable persons figure in the seniority list, the UPSC approval date and file number of all persons on the list- both programme executive (DR and Promotee) and staff artist - should be indicated in the seniority list. This is a necessary requirement as per statutory RRs and as per UPSC and DO P&T norms while preparing seniority/eligibility lists for Group A and B Posts and for conducting any DPC for Group A and Group B Posts.

e) It can also be seen in Col 12 of the Group B statutory rules for promotion from Trex to Pex (i.e Group B Recruitment Amendment Rules of 1984 , that the proceedings of the DPC and finalization as Group B Officers i.e Pex have to be sent to Commission for approval, and if it is not approved by the Commission, fresh DPC should be held. In view of this also, the UPSC approval date and file number is essential in the seniority list even in the case of promotee pexs. This is even more relevant as replies received through RTI from Ministry and DG:AIR show that many persons have been allowed to work as Pex/Trex etc even though their service records are not available.

9. In view of the above facts and circumstances, 2010 list of Pexs and staff artists should be ab initio declared null and void and further action of Pexs/Staff artists seniority lists from 1990 onwards may be taken as per the observations of the UPSC in its interdepartmental meeting dated 19th August 2010. In addition , discipline wise vacancies in JTS should also be provided to us and published in AIRNET so as to enable all concerned to exercise their options for cadre, media and discipline specified in Rule 7(6) (b) of the IBPS Rules.
10. Lastly, it is also observed in the Pexes lis,t with in DRs ,SC /ST pexes have been placed in last in bunch. We have also asked from UPSC that under which rules/system/basis DR pexes seniority have been prepared because all DR Pexes have been selected by UPSC discipline-wise like Drama/Science/ Sports/Spokenwords/Music etc by different selection boards of UPSC on different dates/months. DR Pexes results were also sent by UPSC to DG:AIR discipline wise in terms of UPSC letter No F.I/633/85-RIV but instead of providing relevant rule in this regard they have informed us File is weeded out. It seems there is also a huge bungling in DRs seniority therefore rule/basis should also be provided to us which has been used to prepare DR Pexes seniority who have no relation in between them as Science subject cannot compared with Drama or Music.

With highest regards,
Enclosed :As above
Yours sincerely,


(Pramod Mehta)