You are on page 1of 70

1

Before the Hon’ble Lokayukta of Haryana


Complaint No. 110 of 2017.

Naresh Kadyan

…. Complainant

Versus

1. The Chief Executive, Haryana Khadi and VI Board, Bays 62-65, sector-2,
Panchkula.
2. Pradeep Kasni, IAS (Rtd)
3. Ashok Sangwan, IAS, Director General -cum-Secretary, Industries & Commerce
Department, Haryana.
4. Rohtash Kharab, IAS (Rtd)
5. Vikas Gupta, IAS, Proceeded of Leave / training.
6. Rippudaman Singh Dhillon, IAS, Managing Director, Haryana Warehousing
Corporation Ltd.
7. Y. S. Malik, IAS (Rtd).

…. Respondents

References:

1. Baseless report of Dr. Manjit Singh Sullar, Registrar on dated 16-4-2019 in the
absence of complainant as it was announce as on 7-3-2019 that proceedings were
completed, report be submitted before the Hon’ble Lokayukta but can’t understand
report on dated 16-4-2019, which is concluded on baseless unwarranted remarks,
facts behind truths, PROVED THEIR WISDOM justifying harassment as
mechanism is tired needs tooth instead advisory body, report seems to a reply of
Respondents instead representative of Lokayukta.
ॐ सर्वे भर्वन्तु सुखिनः सर्वे सन्तु ननरामयाः ।
2. All my representations with evidences submitted before the Inquiry officer Shri R.
R. Banswal but he returned all evidences by post.
3. All my representations with evidences submitted along with the Haryana Khadi &
VI Board Service Regulation, 1976 ( Section 2(a) & 6(3) needs immediate attention).
4. Action to be taken on the recommendations of Haryana Lokayukta Annual Report
2010-2011, bearing No. 40/9/2006-4Pol dated 17-8-2011.
2

5. Action to be taken on the recommendations of Haryana Lokayukta Annual Report


2012-13, bearing No. 40/9/2006-4Pol dated 15-7-2013.
6. Instructions issued by the Chief Secretary on dated 6-12-2001.

Respectfully showeth:

It is humbly submitted that:

1. I strongly opposed, condemning the baseless report prepared, submitted before your
good self with unwarranted remarks behind the competency as No Inquiry was
conducted by Sh. P.C. Singhal, Retd. District and Session Judge, besides it I am not
aware about any Civil Suit moved as claimed in baseless report bearing point 15, 16,
17 and so on.
2. As per section 12(2) of Haryana Lokayukta Act, 2002: Lokayukta shall complete the
inquiry within one year, whereas present complaint was moved on the eve of
Mahatma Gandhi assassinated day as on 30 January, 2017.
3. As per section 8 (1) of Haryana Lokayukta Act, 2002: Subject to the provisions of
this Act, the Lokayukta may on receipt of a reference from Government proceed to
inquire into the allegations or the grievances made against a public servant, whereas
during pendency of the complaint, many public servant retired from services,
availed service benefits.
4. It is true that CWP No. 6464 of 2004 was moved by the complainant before the
Hon’ble Punjab & Haryana High Court, obtained orders dated 25-2-2005, for its
compliance moved contempt of court as well, for appointment of Lokayukta in
Haryana, besides it the official website of Lokayukta, placing state Emblem of India
with National Flag in respective manners, complainant behind, even formation of
Haryana Human Rights Commission, CWP No.4516 of 2004 was also moved by me.
5. Shri Madan Lal, Clerk cum Stock Keeper, now retired, who was responsible for
handling materials as Stock Keeper, submitted statement before Faridabad Police,
admitted that 131 Kg Copper was handed over to Truck operators, 7 kg Copper was
not disclosed, but this officials allowed to avail all service benefits, whereas
complainant gratuity portion withheld without any reasons, besides it No overtime
was given to work after duty hours, even compensation for Saturdays working.
6. Orders passed by the Hon’ble Punjab & Haryana High Court in CWP No. 25704 of
2016, keeping in view Hon’ble Supreme Court judgment on suspension of
government employee in Civil Appeal No. 1912 of 2015 as complainant was
unlawfully kept under suspension as on 5-8-2014, even after submission of Inquiry
Report as on 1-4-2014, which was conveyed for comments as on 29-5-2014.
7. No personal hearing was granted against all three Inquiry reports, which was
previously granted before BoD 17-7-2014, as per orders passed in CWP No. 24352 of
2018, personal hearing was to be granted before taking any decision on all three
Inquiry reports.
3

Now question arise:

1. Whether Haryana Khadi Board was separated legally, amending section 3 of the
Punjab Khadi & Village Industries Board Act, 1955, replacing Punjab with
Haryana?: No
2. Whether Haryana Khadi Board still appreciated PEPSU, which is not existed in
Punjab?: Yes
3. Whether Haryana Khadi Board still appreciated repealed Society Registration Act,
1860?: Yes
4. Whether TSL was given service benefits in time as there was No proceeding pending
against him as onwards 4-9-2006 but dispatched as on 5-10-2006, No responsibilities
has been fixed?: No
5. Whether TSL while working as District Khadi & Village Industries Officer at
Faridabad held responsible for gross negligence, recovering Rs. 9031/- vide order
dated 4-9-2006 but dispatched on 5-10-2006, appeal was moved by complainant,
same was decided in 2018?: Yes, whereas both subordinate officials accepted the
punishment, Faridabad Police failed to lodge FIR for embezzlement with breach of
trust.
6. Whether Chief Secretary Instruction dated 6-12-2001 implemented, while
considering TSL service matters by the officials of Haryana Khadi Board?: No
7. Whether Section Officer (Legal & Recovery) proposal dated 15-12-2009 was
justified, based on legal provisions, which was placed while dealing Efficiency Bar
crossing matter of TSL, service benefits matter was filed adopting unlawful
methods?: No
8. Whether TSL was shifted vide BoD resolution dated 20-12-2012 being TSL post
sanctioned for HQ but TS (HMP) was left unattended in the field, double standards
applied, targeting TSL?: Yes
9. Whether Haryana Khadi Board implemented same mechanism followed, which was
adopted in 29 cases but performance of duty penalized stopping two annual
increments, same was turn down by the Chairman: Yes
10. Whether overtime and compensation were sanctioned & disbursed to TSL, while
working as DKVIO for six District along with In-charge, Consignment Agency at
Faridabad, which functions after entry of heavy vehicles in the City, after duty
hours?: No
11. Whether House rent was granted as per rule to TSL, during shifting HQ from
Rewari to Faridabad, vide order dated 7-1-2013, bearing dispatch No. 7481 dated 8-
2-2013?: No, whereas TSL holding office as on 7-1-2013 at Faridabad as well.
12. Whether Clerk cum Stock Keeper of Consignment Agency was duty bound,
responsible for the loss of 7 kg material, 131 kg material was handed over to the
truck operators of Sterilite, confirmed by the Police, while cancelling FIR No. 37?:
Yes, Clerk cum Stock Keeper retired availing all service benefits.
4

13. Whether TSL Gratuity portion costing of 138 kg Copper illegally withheld?: Yes
14. Whether TSL was charge sheeted twice for same reason, leave were rejected on
medical grounds, when a registered medical practitioner issued sickness - fitness
certificate of Sarvodaya Hospital, which was approved by the Govt. of Haryana,
even proved by the Faridabad Police that both certificates were genuine?: Yes
15. Whether both Inquiry officers of above said two charge sheets for same reason,
testified the sickness - fitness certificate issuing Authorities, verified both certificates
were genuine, which were proved by the Police as genuine?: Police confirmed
sickness - fitness certificates were genuine by Sarvodaya Hospital but both Inquiry
officers failed to testified, besides it Sarvodaya Hospital approved by Haryana.
16. Whether TSL was re-instated after submitting of Inquiry report related to
Marketing as on 1-4-2014, for which TSL was placed under suspension during
pendency of Inquiry report?: No, till moving VRS as on 5-8-2014.
17. Whether subsistence allowance of TSL was increased @75% after 6 months
suspension?: No
18. Whether TSL was issued charge sheet explaining reason of suspension as on 29-4-
2013?: No
19. Whether TSL additional facts, which were submitted with his three replies against
all three bogus Inquiry reports, were examined, personal hearing was granted to
TSL as requested by him in his all three replies?: No
20. Whether TSL was sanctioned & disbursed leave encashment?: No

Prayers:

1. Any relief deems fit.


2. Appropriate advice on the baseless report submitted by the Registrar along
with the Inquiry officer, appointed on the advice of Registrar, whereas he
failed to called Chief Executive of the Board to be present during hearing as
on 7-3-2019, announce in open that report be prepared but what is the truth
behind 16-4-2019, only to justify the delay.
3. Appropriate advice on the officials retired during pendency of complaint.
4. Appropriate advice to appreciate Whistle Blowers being as complainant,
asking Haryana Khadi Board to place proper legislation after due
replacement Punjab with Haryana, omitting repealed Society Registration
Act, 1860 with PEPSU amending minimum age 17 -27 years of recruitment.
5. Appropriate advice on the performance of top functionary of the Haryana
Khadi Board without replacing Punjab with Haryana, while accepting the
Punjab Re-organization Act, 1966, section 3 of the Punjab Khadi Board Act
1955 may be implemented in Haryana after proper replacement, holding
accountable, fixing responsibilities, shielding whistle blowers.

सत्यमेर्व जयते Chowkidar Naresh Kadyan


5

INDEX

Particulars Page
Copy of orders passed in CWP No. 6464 of 2004 6
Copy of orders passed in CWP No. 4516 of 2004 7
Letter No. 40/11/2015-4Pol dated May 20, 2016 from the office of Chief Secretary, 8
Haryana about acceptance of the violations at the official website of the Lokayukta of
Haryana
DDR-4577 dated 23-7-2018 from the Registrar General, Punjab & Haryana High Court 9
Letter No. 49/107/96-5IB-T dated 24-9-1996 from the Administrative Secretary, 10
Department of Industries, Haryana, clarifying that employee can’t be appointed as
Special Invitee in the Board of Directors but Registrar, appreciated re-designation of
employee of the KVIB, Haryana to record proceedings of the Board of Directors as
Secretary of the Board
Directorate of State Board Cell, KVIC letter No. SBC/Grievance/HAR/CPGRAMS- 11
208/2018-19/34 dated 8-5-2018 about section 3 of the Punjab KVIB Act, 1955
Directorate of State Board Cell, KVIC letter No. SBC/Grievance/HAR/CPGRAMS- 12
261/2018-19/34 dated 14-5-2018 to upload correct Information’s on the official website as
per RTI Act, 2005
Directorate of State Board Cell, KVIC letter No. SBC/Grievance/HAR/CPGRAMS- 13
429/2018-19/42 dated 23-8-2018 about the pension benefits as per 7th pay Commission to
all retired persons of the Board
Letter No. 62/38/2017-6GS1 dated April 12, 2019 regarding uploading of all legislative 14
documents i.e Acts as well as subordinate legislation made under such Acts including
rules, regulation, notifications and circulars by the State Government on India Code web
portal
Letter No. 62/24/2016-6GS1 dated January 2, 2019 about use of Hindi but Haryana 15
Khadi & Village Industries Board website still have English version
Haryana Khadi & Village Industries Board Service Regulations, 1976 to examine section 16-
2(a) with 6(3) with mishandling CM window 087180 regarding promotion to DKVIO 19
Panchyati Raj priority of Prime Minister of India, replied vide No. 141 dated 6-4-2016 20
Communication about deduction 9031/-, No service benefits were given in 2006, appeal 21-
was decided in 2018 28
Subsistence allowances never increased after 6 months @75%, No charge sheet for 29-
suspension, never re-instated till VRS 30
Leave on medical ground order 25-4-2013, dispatch on 4-6-2013, Police confirmed both 31-
certificate were genuine, 2 charge sheet – 2 Inquiry officers, never examined Doctor 33
6 District with Consignment, No overtime – compensation, No house rent @ Faridabad, 34-
HQ order dated 7-1-2013 dispatch on 8-2-2013 35
Communication about Consignment – P-36 to 41 36
Consignment Stock Keeper cum Clerk retirement order dated 31-10-2017 42
Consignment Stock Keeper cum Clerk No due dated 10-11-2017 43
RP Bhasin Inquiry report for comments vide letter No. 3948 dated 29-9-2016 44
Notice for recovery vide No. 2516 dated 18-7-2016 without supply copy of Inquiry report 45
Personal hearing before BoD on 17-7-2014 but not on 6-8-2014, moved VRS 46
Comments asked vide No. 4764 dated 29-5-2014 on Inquiry report instead re-instatement 47
Retirement orders vide No. 6949-82 dated 7-8-2014 48
Shri Yudhvir Malik, IAS (Rtd), Respondent Note as Secretary, Ministry of RT&H 49 68
Certificates of Suppliers not issued: Board section 13 and 33 never applied 69-70
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70