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THASILDAR INGALE SUSPENSION IS ILLEGAL HE WAS NOT CAUGHT RED HANDED “TRAP” CANNOT HAPPEN WITHOUT THE PRESENCE OF ACCUSED

 
 
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THASILDAR INGALE SUSPENSION IS ILLEGAL HE WAS NOT CAUGHT RED HANDED “TRAP” CANNOT HAPPEN WITHOUT THE PRESENCE OF ACCUSED
by System Administrator - Sunday, 26 February 2017, 11:38 PM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : I have asked PIO and Under secretary to provide me information and reasons under section 4(1) (d) RTI Act 2005 for issuing order for continuation of deemed suspension on 10-02-2017 in respect ofSri Ingle Thasildar Mudhol is issued in violation of Rule 10(1)(a) read with Rule 10(2)(a of the CCA Rules .Deemed suspension need to be read with Rule 10(1)(a) with Rule 10(2)(a) the CCA Rules and Suhas S IngaleThasildar Mudhol cannot be suspended as he was not caught red handed and question of his deemed suspension does not arise as Rule 10(1)(a) read with Rule 10(2)(a) is applicable only to an employee who is caught red handed otherwise no deemed suspension. It is also an offence under The Scheduled Castes (SCs) and the Scheduled Tribes (STs) Prevention of Atrocities (PoA) Act, 1989 and 2015 amendments as Sri Ingle Thasildar Mudhol belongs to SC ST Cast. It is to be note that illegal suspension of Thasildar Ingle who belong to SC cast by officers like Revenue Minister and Principal Secretary and Deputy Secretary and under secretary of revenue department attract provisions of The Scheduled Castes (SCs) and the Scheduled Tribes (STs) Prevention of Atrocities (PoA) Act, 1989 which was amended recently to include new offences and to ensure speedy justice to victims. The amendments to the act were originally issued as an ordinance by the previous UPA government in March 2014. The NDA government has now got the amendments passed in both the houses of parliament. Subsequent to the amendments, certain changes became necessary to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. The said rules are now modified and were notified on 14th April, 2016. Imposing social or economic boycott by suspending illegally is an atrocity on SC ST Person. These offence are punishable under Section 3(1) (ix) (x) (zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act read with other IPC Sections.The object of the Prevention of Corruption Act is not only to prevent corruption among public servants, but also to prevent the harassment of honest among them,. Reportedly News papers have reported one side story as told by ACB Bagalkot. "Normally one would have expected the ACB Inspectorto instruct the defacto complainant to hand over the money even if be to an agent or a trusted lieutenant of the accused, only in the presence of the accused or at least when the accused is somewhere around in the vicinity.".It is to be noted that when trap was laid Ingle Thasildar Mudhol wasnot present at the trap location.Revenue department is the "public authority "is under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d) RTI Act 2005 .

I have also filed an RTI Application to to PIO ACB ADGP at Bangalore to provide me information and reasons under section 4(1) (d) RTI Act 2005 for not taking any action against ACB Police inspector Bagalkot as per law for fabricating a false complaint and false FIR and arresting a white handed Thasildarwithout authority of law. ACB cannot punish innocents. For cases other than trap or cases of disproportionate assets to the known sources of income ACB need Government permission to prosecute .The object of the Prevention of Corruption Act is not only to prevent corruption among public servants, but also to prevent the harassment of honest among them," observed criminal law expert's .Reportedly News papers have reported one side story as told by ACB Bagalkot. "Normally one would have expected the ACB Inspectorto instruct the defacto complainant to hand over the money even if be to an agent or a trusted lieutenant of the accused, only in the presence of the accused or at least when the accused is somewhere around in the vicinity.".It is to be noted that when trap was laid Ingle Thasildar Mudholnot present at the trap location. Anti-Corruption Bureau cannot initiate probe against a public servant on decisions and recommendations made during the discharge of his official duty without a prior permission of the appointing authority, says Para 5 of the GO creating Anti-Corruption Bureau and ACBmust Understand and prevent the harassment of honest officers and that Government has not yet communicated about suspension and Ingale Thasildar Mudholis yet on duty .Whether it is deemed suspension or suspension is effective from the date of communication by competent authority as per DPAR Circular dated 29-12-1979 as Thasildar is on duty as Government neither has suspended or transferred and DC cannot keep an honest officer out of duty and out of job. Rule 10(1)(a)of the CCA Rulesneed to be read with Rule 10(2)(a) (b) f the CCA Rules Suhas S IngaleThasildar Mudhol cannot be suspended as he was not caught red handed.ACBis the "public authority "is under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d) RTI Act 2005 .