Kindly advise me on divisional commissioner's report to expose sc certificate fraud
PARTHA SARKAR
(Querist) 03 February 2012
This query is : Resolved
Sir,
Kindly advice on the following development cited below as attachment not accepting due to technical problems: I am trying hard to expose the fraud but not getting success. Everything has fixed up in secretary level by the said the DM, SDO. WB State Vigilance Commission’s enquiry also under closure recommendation due to DM’s report though I have forwarded them below mentioned Divisional Commissioner’s report.
Kindly advise my next course of action as per following reports (obtain through RTI) to get at the truth. The exact report cite below:
“GOVERNMENT OF WEST BENGAL
OFFICE OF THE COMMISSIONER
JALPAIGURI DIVISION
JALPAIGURI
Memo No. 369/ADM Dated Jalpaiguri, the 13the December, 2011
From : Commissioner
Jalpaiguri Division
Jalpaiguri.
To
The Assistant Secretary & S.P'l'O.,
Chief Minister's Office,
Writers' Buildings,
Kolkata - 700 001.
Sub: Information sought for under RTI Act., 2005 by Shri Partha Sarkar of Nataji Nagar, P.S. Jadavpur, Kolkata- 700 092.
Ref: Your No. 1009-CMO dated 16/08/2O11.
Sir,
1. S.D.O., Balurghat has issued a scheduled caste (Jalia Kaibarta) to Smt. Alpana Das on 07/08/1997 (Copy enclosed)'.
2. I have seen the petitions and documentary evidence submitted by Shri Partha
Sarkar, the complainant.
3. The points in favour of Smt. Alpana Das are –
a) It has been issued by S.D.O., Balurghat on 07/0811997 (Copy enclosed).
b) His brother Shri Nishith Ranjan Das has also got Scheduled Caste Certificate from S.D.O., Balurghat on the same date.
c) She got appointment as C.D.P.O. out of scheduled caste quota in 2002 and her brother has also been appointed as a primary school teacher in Balurghat out of scheduled caste quota. She is working as C.D.P.O., Kumarganj' Dist. Dakshin Dinajpur, Balurghat.
d) Her father, Shri Nirod Ran'ian Das was also issued Scheduled Caste Certificate by A D M ' Balurghat on 25/03/1969 (Copy enclosed).
e) S.D.O., Balurghat has recently caused a field inquiry and has taken declaration from a few persons that she belongs to Scheduled Caste. It has been forwarded to me by D M, Balurghat (Copy enclosed).
4. The points not in favour of Smt' Alpana Das are –
a) Shri Partha Sarkar, Complainant is her husband and he has mentioned that he belongs to 'Mahishya' community which falls under general category. He has further stated that he married to Smt Alpana Das after necessary inquiry about her general caste. This is vital evidence.
b) Case records of 1997 of S.D.O., Balurghat office is not available. Hence, the
basis of issuance of Scheduled Caste Certificate is not ascertained.
Counter file of A.D.M., Balurghat certificate in favour of his father also could not be found. Hence, the authenticity and basis of issuance of the certificate is not ascertained.
c) 2 letters, Memo No 57 dated 14tO112011 and Memo So 268 dated 04/03/2011 (copy enclosed) of Assistant Director of Agriculture (Admn), Raiganj wherein it is mentioned that there is no marking of Scheduled Caste category in his Service Book or in his promotional orders. I am also enclosing gradation list in which he has not been mentioned as Scheduled Caste while SC/ST is mentioned against many other names. Though his father's S.C. Certificate is a proof but as he did not mention it in his service tenure 0/02/1966 to 3l/01/2006 hence this certificate may not be conclusively relied upon.
d) Her father was first settled at village Dakra' P S Balurghat from Bangladesh. Nothing came out because only one Das family was there and it is they. They Shifted to Hazipur around 1974 which is 2/3 k.m. from Balurghat town. On secret inquiry, it revealed that they did not belong to S C. It has been also found that none of them has seen them adopting/adopted the custom of ‘JaliaKaibarta’ community i.e. fisherman.
5. Therefore, there remains some doubt about the caste status of Smt. Alpana Das. In view of the above stated facts, it will be appropriate if the S.D.O., Balurghat deals this matter as per section 9 of WB S.C. & S.T. (Identification) Act., 1994 and Rule 3 of WB S.C. & S.T. (Identification) Rule, 1995 so that either the certificate is confirmed or cancelled. I am advising S.D.O., Balurghat to proceed accordingly.
Yours faithfully,
(A.K. Singh)
Commissioner, Jalpaiguri Division
12.12.201l
Encls : As stated.”
“GOVERNMENT OF WEST BENGAL
OFFICE OF THE DISTRICT MAGISTR^TE
DAKSHIN DINAJPUR: BALURGHAT.
Memo No. 1622/G/2011 Dated Balurghat the 18the October, 2011
From : The District Magistrate,
Dakshin Dinajpur Balurghat.
To
The Divisional Commissioner,
Jalpaiguri Division,
Jalpaiguri.
.
Sub: Scheduled caste certificate of one Smt. Alpana Das issued from the office of the Sub-Divisional Officer (Sadar); Balurghat.
Ref : Your No. 276 / ADM, dated 6th September, 2011.
Sir,
This is for your kind information that the petitioner AShri Partha Sarkar of Shivam Apartment, 8 / 84A' Netaji Nagar, Jadavpur, Kolkata sought information under the R.T.l. Act, 2005 on several occasions and at different level, on this particular issue and replies were furnished from time to time.
His contention is that Smt- Atpana Das, daughter of Lt. Nirad Ranjan Das of vill. - Hazipur, P.S. - Baturghat, Dist. - Dakshin Dinajpur was issued a Scheduled Caste Certificate by the Sub-Divisional officer, Balurghat wrongly and based on wrong premises (Vide his petition at page -2, para - 3: "the certificate may be original but the candidate and the documents, she produced to get the S.C. certificate is not legal perhaps"). The point he raises is that her father Lt. Nirad Ranjan Das obtained a Certificate from the A.D.M., West Dinajpur, Balurghat in March, 1969 but he did not record his status of being scheduled caste in the Service Book, although he was a stale Government Employee and retired from the office of the Assistant Director of Agriculture, Raiganj Sub-Division Dist. Uttar Dinajpur. On this point he raises question that her father is not a member of-scheduled caste community. Her father died a few years back. This cannot be verified now, nor this argument is logical.
It is a fact hat the certificate was issued to Smt. Alpana Das by the Sub-Divisional ofiicer, Balurghat and it is also a fact that serious attempts were taken to find out the case record on the basis of which the certificate was issued- The case records could not be traced as yet, mainly because of the fact that due to shifting of the office on a number of occasions the case records were shifted from one place to another and as a result' this might have been misplaced. Even, if it is not available but it can safely be presumed that Smt. Alpana Das got her certificate on the basis of S.C. certificate obtained by her father. Recently I got this matter enquired into the field where her neighbors also recognized her as member of scheduled caste belonging to "Jalia Kaibarta" community. So, even if the case records are not available, Smt. Das is entitled to receive such certificate as on date. Her entitlement to get such S.C. Certificate cannot-be denied just on the ground that her father did not record his caste status in his service Book. A copy of letter no. 1426 / SDO, dated 26.9.2011 as received from Sub-Divisional officer; Baturghat (Sadar) containing the details of enquiry report is enclosed.
No punitive steps have been taken against any ernployees of this office, because it is difficult to ascertain as to who was / is responsible for misplacement of the case record in respect of Smt. Alpana Das. In this regard I am enclosing herewith a copy of letter No. 860-MD(V)/MD/O/1E(V)-07/09 Pt-I, dated 8th September, 2011 received from the Joint Secretary to the Government of West Bengal, Department of Minority Affairs & Madrasah Education. From the order of the Hon,ble High Courtof Bombay at Goa, it appears that justifications (for taking or not taking any action) are matter within the domain of adjudicating authorities and cannot properly be classified as information.
This is for your-kind information.
Yours faithfully,
18.01.2011
District Magistrate,
Dakshin Dinajpur, Baturghat.
Enclo: 10 (ten) pages.”
“GOVERNMENT OF WEST BENGAL
OFFICE OF THE SUB-DIVISIONAL OFFICER,
BATURGHAT (SADAR), DAKSHIN DINAJPUR.
.
Memo No. 1426/SDO Date: 26.09.2011
From : Sub-Divisional office,
Baturghat (Sadar), Dakshin Dinajpur.
To
The District Magistrate,
Dakshin Dinajpur.
Sub: Submision of a filed enquiry report regarding the caste status of Alpana Das presently CDPO, Kumarganj.
Ref: Note sheet order.
Sir,
With reference to the above order I along with Inspector BCW, Balurghat Block performed a field enquiry of the villege Hazipur under P.O. – Beltala Park, P.S. – Balurghat.
But before going into the details of our finding I would like to draw your attention to my earlier report submitted in this regard vide memo no 1240/SDO dt. 12.08.2011 in which the copy submitted to you succinctly delineates my findings and an attempt to give a parawise feedback to the objections as raised by Partha Sarkar and forwarded by the RTI Commission. I am enclosing this report for you perusal agaisn as Annexure – A in this report it has been stated that her father was an SC certificate holder and probably on the basis of this certificate the then SDO had given certificate to both Alpana Das and her brother who is now working under DPSC, Dakshin Dinajpur.
Now as per our hearing at the Bhabani Bhavan, RTI Commission we represented our view but the RTI Commission has given 30 days time to trace the records and submit a feedback to the paras mentioned in the objection.
The feedback have been received that in spite of all effort mainly due to shifting of office and due to such long span of time elapsed already I it is not possible to trace the document. However the counterfoil of the certificate and register of issue have been traced which certifies that an SC certificate was issued against her name.
Finally come to our joint field enquiry report with the Inspector BCW of Balurghat Block. We had visited the house in the village - Hazipur under P.S. Balurghat and found upon enquiry that her father belonged to the SC family and obviously she and her brother too.
A declaration of five persons of the village - Hazipur duly authenticated by Inspector BCW, Balurghat is submitted as Annexure - B. However in some family due to lack of presence of the family Head they did not sign in the declaration.
All these findings summarily leads us to the conclusive proof that since her father is dead now and since people in the habitation is giving declaration in favour of his
Belonging to the SC Community (Annexure - B).
There is no justification in raising questions as to the veracity of the method employed by the then ADM (G), Dakshin Dinajpur in issuing an SC Certificate in his favour.
Rather this summarily leads us to a conclusion that there is obvious malafide intention to put the Government mechanism of function into question. The veracity of ADM (G)’s method of checking is overtly proved by this declaration submitted by the people of the village. And the people with malafide intention should be overruled as per the provision of law.
The enquiry report along with two Annexures are submitted for necessary perusal.
Enclo: Annexure-A and
Annexure -B.
Yours faithfully
Sub-Divisional office,
Baturghat (Sadar).
Date:- 26-O9-2011.|
Copy forwarded to :-
l) Addl. District Magistrate (G), Dakshin
Sub-Divi s-ional O fficer,
Sub-Divisional office,
Baturghat (Sadar).”
“GOVERNMENT OF WEST BENGAL
OFFICE OF THE SUB-DIVISIONAL OFFICER,
BATURGHAT (SADAR), DAKSHIN DINAJPUR.
.
Memo No. 1240/SDO Date: 12.08.2011
From : Sub-Divisional office,
Baturghat (Sadar), Dakshin Dinajpur.
To
The Deputy Secretary & Addl. Registrar,
West Bengal Information Commission.
Bhabani Bhavan, 2nd Floor, Alipore,
Kolkata – 700027.
Sub: Report with relevant Annexure to the complaint raised by Partha Sarkar regarding the caste certificate issued in favour of Alpana Das,
CDPO Kumarganj under the purview of RTI Act 2OO5.
Ref: Your memo no. 1718 (2)-WBIC/RTI/ 263/11 dt. 18-07-2011.
Sir, ,
With reference to your above memo which is actually a "Notice of Hearing”, issued by you for my personal presence regarding an objection raised by Partha Sarkar of Kolkata against Alpana Das presently CDPO, Kumarganj under the purview of the RTI Act, 2005' I am submitted herewith a detailed enquiry report incorporating my comments along with relevant documents.
At the outset it is to inform you that upon receipt of the forwarding (vide memo no.
251/Gen dt. 01-O2-2O11) S.I.P.O., Dakshin Dinajpur who intact communicated it after receipt of the complaint from Partha Sarkar, we sent a reply vide memo. No. 281/SDO (S) dt. 07-03-2011 in which we confirmed the fact that in fact she (Alpana Das) was issued an SC certificate from Sub-Divisional-Officer, Balurghat S1. No. 26599, sub-caste being - Jalia kaibarta. But since case records could not be traced immediately, so detailed pointed reply to his complaint could not be made instantly. However to comply the one month time restriction we confirmed the fact of issuance of certificate.
Now after investigation the following things are found.
1. Her father Nirad Ranjan Das is a certificate holder (Annexure -I) issued by Aditional district Magistrate, West Dinajpur. The period of issuance as is evident from he certificate is 25/03169. But her father since has died five years after retirement on 03-01.-2006. So it is not possible to ascertain why he is mentioned as General Category employee when he retired. As per deposition from both Alpana Das, CDPO and her brother Nisith Ranjan Das most probably when he joined in the service way back in the decade of sixties this facility of Reservation in job was not yet in vogue.
2. Documents which may lead to her issuance of certificates is not readily available since the file could not be traced. However asking her through special communication or to appear before you the same may be ensured which led to the issuance of certificates by Addl. District Magistrate and Sub-Divisional officer previously.
3. In response to his complaint no. - 3 he may be advised that SC/ST Reservation Act is too prevalent to be not known to anybody. However probably his indication in this point is get clarification about the reference of her sub-caste drawn while issuance by Sub-Divisional officer- Though in spite of all our effort the original case record could not be traced due to such a lengthy period being clasped already causing damage to the documents but as pointed out in no. - (1) her father,s certificate was most probably the reference.
Again in relation to this it is further commented that along with Alpana Das her brother Nisith Ranjan Das was also issued a certificate from sub-Divisional officer, Balurghat (Sl. No' - 26598 attached as Annexure – II). This brother of her is at present working as Primary Teacher under the Dakshin Dinajpur primary school council. As per his deposition he is at present working under Kushmandi circle, name of the school being Rasulpur F.P. School. Copy of her brother's appointment letter issued vide memo no' 1575 (3708) dated 1st Feb - 2010 by chairman, DPSC, Dakshin Dinajpur is enclosed as Annexure - III.
4. Regarding officers who were responsible for issuing these certificate, it can be commented that though the documentary evidence in support is not available but from verbal enquiry it is knows that the Additional District Magistrate who issued the certificate to the father on 25.03.1969 was A. Basu and the Sub-Divisional who issued the certificate to Alpana Das and her brother is Madan Mohan Paul. However these can easily be cross checked from the submitted Annexured by the PAR Department.
5. Finally I do not think that there was any intention or motive in action while issuing those certificate in between such a wide temporal gap of just less than three decades. At least the intention a motive, if any, is not readily prevalent.
6. Rather if an investigation is done on the conjugal life of Partha Sarkar the complainant and Alpana Das the offender, then it may be prevalent that there is some motive & intention or may be even malafide intention is working on the part of Partha Sarkar to malign the entire system of issuance of certificate by our predecessors.
Succinctly it may be commented that as is prevalent from the documents submitted
by Partha Sarkar and his pointed claims there is nothing found to substantiate his claim, rather all the evidence contradict his claim and leads us to a malafide intention playing underneath on the part of Partha Sarkar. However more in-depth investigation may not be ruled out to find out faults in the process of issuance of certificates' by our prodecessors but as for me to comment that too may yield any result because all the evidences available leads us easily to that conclusion.
Submitted for necessary perusal and action.
Sub-Divisional office,
Baturghat (Sadar),
Date:- 12.08.2011.
Memo No. 1240/1(4)/SDO
Copy forwarded to:-
1. The District Magistrate, Dakshin Dinajpur.
2. The SPIO, Dakshin Dinajpur.
3. The Vigilance Officer, Dakshin Dinajpur.
4. Shri Partha Sarkar, the complainant.
Sub-Divisional office,
Baturghat (Sadar),”
PARTHA SARKAR
(Querist) 05 February 2012
Under this situation kindly guide my next course of action.
V R SHROFF
(Expert) 05 February 2012
Mr Sarkar, Time do not allow me to read too long a query. , However Mr Makkad is there.
PARTHA SARKAR
(Querist) 05 February 2012
Sir,
Two administrations have two diffrent Reports. Divisional Commissioner is a Sr. IAS officer and incharge of 6 districts (above District Magistrate). DM & SDO has given report in favour of her as SDO directly involved in this matter. D.C.'s report has reavealed the truth.
SDO over phone directly infoprmed he will not proceed further despite direction of his senior officer.
Kindly advise.
PARTHA SARKAR
(Querist) 06 February 2012
Kindly advise me otherwise the said fraud will establish.
PARTHA SARKAR
(Querist) 07 February 2012
Sir,
Today I got information that my estrange wife has filed complaint case U/s 405 and 409 (defamation) on the above back ground.
Kindly advise me.
