High Court Upgrades IBPS Officers: Prasar Bharati Files False Affidavit!

          It may be pointed out that in the notified rules for IBPS, there is no post of Incharge DDG but Prasar Bharati Board and Ministry of I & B continued with ‘fake designation’ to appease a certain section of officers. The Court in its well worded order has commented on existence of anomaly of two different designations in respect of officers holding posts in the same scale under the same Board/Employer!!

         Earlier Central Administrative Tribunal, Banglore had ordered for same which the present dispensation in Prasar Bharati Secretariat did not comply with. The Court has made special mention on the intention of Prasar Bharati in with holding the order and acting upon only when Contempt proceedings were initiated.

         In a startling revelation it was brought to notice that  “Prasar Bharati Secretariat despite getting opinions from Ministry of I & B and Law Ministry for NOT filing the Writ in High Court” went ahead against the wishes of Government and brought itself a humiliating indictment shows scant respect for authority and law. Sources in the Ministry of I & B state that Law Ministry vide FTS 600/ADV.D.09 had mentioned that change of designation was an administrative matter which could be done as per the Resolutions of the Board. It also said that there was no ground for review of CAT Order as it was based on the premise of Law.

            In another serious development in the Ministry of I & B where it is learnt that directions received from Shastri Bhawan have asked to fix responsibility against the Officer who directed filing of a “false Affidavit” on behalf of Ministry in the High Court. Sources confirm that this Affidavit on behalf of all Respondents, filed by one Anil Kumar, Station Engineer, AIR, Bangalore was at the sole instructions of GM-Personnel. It is further learnt that Ministry has refuted this claim and asked for pin pointing the erring officer in the Prasar Bharati secretariat who forced filing of false Affidavit on theirbehalf. It is also learnt that filing of False Affidavit is soon going to be being contested against these officials in High Court by the Petitioner whichis a serious crime.

          Sources in the Prasar Bharati also confirm that it was at the behest of  GM-Personnel and DDG-Administration, Doordarshan who all got affected by the Order, resorted to this tactic of filing of false Affidavit. It is learnt that GM-Personnel despite the opinions received ensured that Legal consultants pursued his interests only. He is reported to be coercing the Legal officers to stick to his line and prepare for SLP in the Supreme Court. This is despite the fact that Supreme Court in a recent judgement has decided that SLP is not a routine matter and court should not be flooded with such frivolous Appeals, the GM-Personnel is said to be unrelenting and going ahead. And surely, B S Lalli,CEO must have consented to this wayward decision of his handpicked controversial officer despite legal opinions advising not to do so.

          Prasar Bharati Board which is going to meet on April 7, 2010 should take up this matter and ensure that all such frivolous Appeals pending for long in the Higher Courts after decisions by Central Administrative Tribunals should be withdrawn immediately in consultation with Law Ministry and Orders implemented.

        There have been protests from Staff Associations on neglect of their cadres, lack of growth, not defining recruitment rules and slipping working conditions. This could be a first step in assuaging their grievances. Board should put an end to the confrontationist policy of the present CEO, which has brought in ignominy and evaporation of work culture from AIR and Doordarshan.

       Another issue which needs serious deliberation is whether Appeals made in Higher Courts without approval or opinion of the concerned Ministry and Law Department be construed as personally motivated actions? And whether costs towards entire litigation be borne by the Officers interested in prolonging the matter ? Should there be administrative and legal action against such erring officials for going against the wishes of Government? Finally, should those persons be not divested of their duties for pushing Government into humiliating quagmire and hamper natural growth of workers for personal motives ?