PRASHANT BHUSHAN . apvocart Restoence Chamoen B-16, Secront4, NODA €-67,S8cTOR-18, NOIDA 301, New LaWveRs CHAMBER Dist. GaUTaM BUD NAGAR Dist. Gautam BuDHt Nac ‘SupReMe Court OF INDIA (wP)-201301 (ULP.)-201 301, Fax: 01204512654 New Deut Pr 01202512632, 2512683 Pr-0120-2512525,2512685 Pr: 011-23070801,23070645, To, sir 2 wrrnouT PREJUDICE April 02, 2019 = Pe a teinea tere ee Minisey of Persunnel, Public Grievances and Pensinns “Thcugh the Seeretary North Mock, Central Serer, New Deli: 1 10001 LEGAL NOTICE ON BEHALF OF SH. JAGMOHAN-siN@HMUEiS ‘ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF TAMIL NADU SEEKING: \) INITIATION. OF ACTION FOR REMOVAL OF THE CENTRAL VIGHLANCE COMMISSIONER IN TERMS OF SECTION 6 (1) OF THE CENTRAL VIGILANCE COMMISSION ACT, 2003,INCLUDING MAKING A PRESIDENTIALREFERENCE TO THE HON’BLE SUPREME COURT OF * INDIA FOR HOLDING AN INQUIRY, AND Il) REGISTRATION OF FIRST INFORMATION REPORT (“FIR”) AGAINST THE CENTRAL VIGILANCE COMMISSIONER UNDER THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROEITIES) ACT, 1989 FOR COMMITTING ATROCITIES. L have been approached by Dr. Jagmoban Singh Raju LAS. Additional Chief Seeretary, Government of Tamil Nadu in cerms of Section 15-A (12) of the SC and ST (Prevention of Atwocitics) Act, 1989 for ussstance ‘The under mentioned paragraph from the recommendations made by the Hon"ble Nasional Commission for Scheduled Castes’ (°NCSC") on 09.12.2016 on a representadon made by Ds Raju, makes ir evident that his case is sordid reminder of how members of Scheduled Castes continue to be discriminated ayainst and vitimiged by nor only the society at lage bur also che Government and its iastcumenualiies which aire constitutionally obligated co safeguard theirights. In a representation made by Dr. Raju on the diseriminarory manner in which the CVCr had acted against him by muds ignoring. all standing circulars, cules, & OMs, to order inquiry into alceady closed complaints, with the effeet of withholding his vigilance clearance for purposes ‘of empanelment at the level of Additional Seeretary. the NCSC opined. “11, Ve Camis is vnccrned that if sche senior Schedule Caste oie, bas to fae discrimination and injustice leading to impediment to bis corer by dels in empanelmen! demorasng him, aswell as the petitioner baving to unnecesry bear the stigma ofan oer under investigation by CVC, then what isthe esr of tbe tnusand:of ordinary Government somunts belontng (0 the Sebeduled Casts justice and scriinaton a the ands nthe publ authorities erodes the fit of he community nthe system. 11.1 Tbe Comevission has found, Jr reasons recorded abv, Ubat the petitioner bas been grohy dieiminated against and viciised. The finding of this eae may be brought tothe nace of the competent autbority in the DolPt mith the recommendation that it may, take appropriate aston in arcorcance with the Governments insirutuctions...The action ken by DoPT in this regard may be reported 10 this commission with 3 months TL DoPT may alio examine if Seitivn 4 of the Sebedale Caste und Scbxdale Tribes (Amended) lt, 2015. ill apply im tbe instant case en ifs, conse to take meesary ation” Even such a strong indictment by the Hon'ble NCSC has nor stired the conseRhee of the Government and absolutely no effort has been made to impart justice to De. Raju who is being ‘ictimized to prevent him from reaching the higher echelons of bureaucracy simply because of his social origin. In fact, there seems to be a wide disconnect berween the Hon'ble Prime Minister's stated commitment to the welfare of the Scheduled Castes and the bureaueracy’s actual respoise when it comes to the welfage of the Scheduled Castes which is apparent trom the fact that no action is being taken against che CVCr who has been found to have acted with malice towards a member of the Scheduled Castes, \ copy of the recommendations dated (912.2016 of NCSC. in Dr Raju's matter addressed inter alia to the DoPT, CVC and MoHIRD és annexed as Annexure 1 at Pages 40 =F, eis a matter of great misfortune and shame hat in the present case Dr. Jagmohan Singh Raju hhas suffered at che hands of an authority none other than the present Central Vigilance Commissioner (CVC). Sh. K.V, Chowdary, himself who is under an oath to bear true Faith and allegiance to the Constitution of Indin and to perform the cities of his office without any Fear, favour, affection, oF ilhwill. The CVCr however nor only recklessly dissegneded all constitutional and statutory norms, including the oath of office taken by him but has acted wath ill-will and rnalice against the vietim, and in the process secwusty damaged the victim's employment ppvapeets besides personal snl professional reputation, By his unlawtul ane muse netions, the vonduct and made himself liable for prosecution under the SC and SI CVC r has commited 0 (eevention of \uwocities) et, 1989 (as amended, 2018). 4. te the abowe faers andeircumstances, | serve this leyal notice ing as under: 4 Drs Jagmohan Singh Raju (here afice relered to as “the Victim") joined she tncdian ‘Administraive Service ("LAS") om 26th af August 1985 at a young age of 22 years and was allotted 40 the ‘Tamal Nac cade. He a8 distingsushed officer with an impeccable service record and unimpeachable inteprity. ‘Throughout his service of nearly three and a half decades, he has several laurels and outstanding annual contidenual reports(ACR) 10 hiscredit, As Joint Secretary and Dirécror General, National Literacy Mission, Ministry of Human Resource Development (*HRD") (2009-14) his rare accomplishment of making 25 rmillion noi-lverare adults literate, won worldwide recognition leading 10 award of King Sejong Unesco Literacy Prize by UNESCO. The Ministry of HRD, also nominated him for the Prime Minisrers Award for Excellence in 2014, but unfortunately no awards were presented that year cause of general elections Since August 2014, he as been working fis amare exdre and was promoted to tbe apex grade of the LAS, at the level of Secretary, Government of India, in January 2016. In june, 2015, che victim's empanelment for Additional Secretary inde Central Government tas deferzed on account of a fale reporting by the Department of Personnel & ‘Teaining (DoPT, Government of India (GO!) (*DoPT”) on bis vigilance aspect as evidenced from DoPT order dated 12.02.2019. copy of DuPT onde ated [202.2019 annexed as Annexure 2 at Pages 18 FO 19. However, soon thereafter, he DOPT, vide leer dated 29062015, provided the comect informaton to the Central Vigilance Commission ("CVC") that the | 4 vcaymous/pseudonymons complaints in expect of dhe vic, tha were cade falsely said to be pending with the Sate Government, had already been flee (closed) by the HRD imag, GOI, in fume 2073 ise: DOPT Further requested CVC wo Faris it's views on the valance status of Dr. Raj fr consideration of his stabi, for empanclenent 5 Additional Secretary at the earliest 4 copy of DoPY lewer dated 29.06.2015 i wnnexel a Annexure 3a Pages 2-O- Despite DoPT's confirmaion w the CVC on 29.06.2015 thar the snonymovs/pseudonymons complaints had already been fed/closed way back in June D013, che CCE aered maliciously by Fist specially calling for vhe aforesaid 2 year ‘old closed omplaine, and then, despite being specially informed by the DOPT, vide letter No. vo0jag/2014-AVDA. dated! 10072015, chat all the 4 (Fou) complain were nonymous/pseudonymous and had been closed with the approval of ‘he Minister deemed eur moto ordering on 16072015 that the sai) anonymous/pseudonymoss Complains be inguied inte. The CVCe, while ondetng 0, eyly and arbitrarily rejected the vale based advice given by the, CVC's secretariat for nor taking any Further action of the anonjmous/pseadonymous complaints. Further, the aforesiid aetion/ decision order of the Ever feapening the 4 anonymous/pscudoaymaus complains: that had already been fied/closed w+ per rules with the approval of the Minister concerned and ening into them) was in coral violation of CVC’ Circulars and DOPTs Office ‘Memorandum {OM). In tompliance with the above dixcsiminatory and unsustainable order/ Sis so of the CVCr “uel 167.2015, the CWC, vide later dated 22.07.2015, forwarded these 4 false and frivolous ‘complaints ro the CVO, Ministry of HRD for an ioguiry and repor. «cap of DPF wr dnl 107.2015 annesed as Annona dat Pag, 2) +0 30 1 ca a oe base advice given by Secret of CVC annexnd as Ane 84 2g 311034 A cupy of CVC onder dated 16.07 2015 of CVC is annexed as Annexure 6 at Pages 3S 1036 ean af CNC eee memamdu ded 22:7 2015 adr to MoHRD ice eatin ie complains previously led (closed) i annexe Annee 7+ PARES 3+