Shri Devendra Fadnavisji
Since last 10 years, I am in the field of Journalism with graduate in Law and author. While working in the media, I always write about betterment of the people of this country. I believe in defending injustice with the innocent people.
I want to bring to your kind notice that some false incidents happening in the department which is directly comes under your purview. In June 2015, ACB, the wing under home department had filed FIR against Chhagan Bhujbal in Maharashtra Sadan and Central Library, Kalina Mumbai University land scam. It has investigated by the probing officer that Bhujbal had done some financial transactions with developers in above works. I don’t want to comment on the Bhujbal issue. However, by mistake the name of the concerned officials of PWD has also been incorporated in the FIR.
False FIR has been registered against PWD officials. While discharging their duties officers may commit some administrative ir¬regularities but it can’t be termed as a crime.
The junior officers in ACB collected the above subject related papers from various concerned offices and they have filed false FIR against PWD officials. Now, ACB is trying to frame false chargesheet on the basis of false FIR. However, they will require your approval.
I want to bring to your kind notice, one thing that the above two questioned projects have been approved by infrastructure committee of the cabinet of Government of Maharashtra.
As per my understanding, chief minister is the chairman of the committee and seven to eight min¬isters, chief secretary and seven to eight secretaries of concerned department are members of the committee. All these members discuss the proposals under the chairmanship of chief minister and then take the appropriate decision of approval or disapproval.
If ACB feels of some criminal Act of concerned while approving the proposal, then names of all concern official in mantralaya related to this proposal & names of all infrastructure committee members including then chief minister would have been included in the FIR. Only some specific PWD officials’ names have been incorpo¬rated in the FIR as injustice has been meted against them.
Fadnavisji, you too being a law graduate and you can also understand the legal provi-sions, if you have a prima facia look at the FIR then you will realise that the allegations against officers are illegal.
Prior to the approval to chargesheet against the PWD officials, it is necessary to examine the legal provisions supporting the charges against officials or it is necessary to examine the legality of charges through learned councils like Ram Jethmalani, Harish Salve or P. Chidambaram.
ACB officials have hurriedly, irresponsibly, without understanding the technical issues and departmental system procedure, purposefully and with prejudice mind booked PWD officials.
Government is the parent of all the citizens of this country and it can’t be biased and preju¬diced against anyone. It has to work within frame work of the Indian constitution.
I request you to refrain from approving charge sheet against PWD officials hastily. The responsible sitting technical secretary of PWD or any retired PWD secre¬tary can be assigned the responsibility of thorough scrutiny of charges against PWD officials with reference to system procedure of department and prevailing rules and regulations in this regard, so that innocent officers should not unnecessarily become the victims.
The officers named in the FIR Shri Gaikwad and Solanki belong to Scheduled Caste and Scheduled Tribe community respectively.
Article 46 of the Indian constitution mentions that it is the government’s responsibility to look carefully into the issues of Scheduled Caste and Scheduled Tribe members and also institution of false, malice and vexatious suit or legal proceedings against members of Scheduled Caste and Scheduled Tribe is crime under, atrocity act.
So it is my sincere request to you to look in to this issue personally and resolve it amicably. You are intelligent, dashing and impartial chief minister of this state. Therefore you must ensure that no single person in this state should suffer. There are number of High Court/Supreme Court rulings in similar kind of charges which have been proved false according to the court of law.