Scribes stress on action against rowdy medicos and IIC of Mangalabag P.S.

Cuttack based scribes belonging to both the print and electronic media, in a signed memorandum to Orissa’s Director General of Police today stressed on action against medicos who kidnapped two reporters of Naxatra News from the medicine indoor of SCB Medical College on June 15 and tortured them in wrongful confinement for more than two hours. They also demanded stern action against the inspector-in-charge of Police of Mangalabag PS for discernible siding with the rowdy medicos.

DSC_0356

Members of the presidium of Media Unity for Freedom of Press (MUFP) Prasanta Patnaik and Subhas Chandra Pattanayak and coordinator of Save the Samaja Forum Pabitra Maharatha accompanied the aggrieved scribes in a major rally to Police headquarters. In absence of the DGP, the memorandum was received by Additional DGP Mr. Sanjib Marik.

tortured journalist briefs the ADGP

The tortured scribes, Chittaranjan Samantray and Debasis Mohanty gave a detail description of how they were shanghaied into wrongful confinement in a hostel of the medical college by a gang of around a hundred medical students and interns and physically tortured. They were forced to kneel down for hours and then forced to proceed to the same medicine indoor for begging apology before the indoor patients before whom on June 14 they had raised objections to what the house surgeons had said about the father of Samantray.

Samantray’s father was admitted into the medicine ward for treatment. The house surgeons pronounced that the senior Samantray had developed damage in both his kidneys and insisted that he should be shifted to a private hospital. Samantray was shocked, because no pathological investigation had indicated about any damage to the kidneys and he protested. This irked the house surgeons and they started rebuking him in filthy language. An embarrassed and shocked Samantray tried to capture the highly atrocious conduct of the medicos; but obstructed, he went to the unit head and professor of medicine, Dr. Siddharth Das and placed before him his grievances. Dr. Das rushed to the spot and investigated into the matter and as all co-patients of the indoor ward corroborated the allegations raised by Samantray, asked the errant medicos not to work in the same ward. This further irritated the medicos.

When next day, June 15, he had come to attend his father, his co-reporter Debasis had also come with him to meet the professor in his indoor chamber in matter of his ailing mother. Seeing them in the indoor corridor, the miscreant medicos jumped on them and whisked them away into the hostel, where they were kept in wrongful confinement and tortured.

The gory part of the incident is that the IIC of Mangalabag Mr. Shariffudin having come to the spot on SOS message from the affected scribe remained a silent spectator of the torture and willfully neglected to register the FIR filed by them and was later seen entertaining the miscreant medicos in his chamber and registering a parallel FIR filed by them in order to create a confusion in course of criminal justice dispensation.

memorandum

About 50 scribes, while collectively presenting their Memorandum, informed the ADGP that the same IIC is terrorizing them and urged upon him to investigate into his conduct and discipline him. Besides the two victims of medico-police atrocity, the memorialists included, amongst others, Pradip Sahu,Navdeep Das,Cittaranjan Mishra, Satchidanand Behera, Gopal Mohapatra, Matrudatta Mohanty,Prasanta Mohanty, Jyotiprakash Rao, Bikash Sharma, Abhi Mohanty, Amardev Nayak, Rajkishore Panda, Pratap Chandra Sahoo, Devi Prasanna Khuntia, Rajkishore Mohanty, Ch. Jagannath Patra, Satyajit Mishra, Saroj Kumar Mallik,Ajaya Kumar Das, Pabitra Maharatha, Prasanta Patnaik and Subhas Chandra Pattanayak.

The ADGP has assured to take suitable action in the matter and expeditiously.

IAS is not Infuser of Anarchy into Service; Chancellor of UCC should review Asok Tripathy’s activities as its VC-in-charge

Subhas Chandra Pattanayak

It is wrong to read IAS as Infuser of Anarchy into Service. But Mr. Asok Kumar Tripathy IAS has made many read it thus, specifically in the context of what he has done in the Utkal University of Culture (UCC).

He is the Secretary of culture department of the Government of Orissa. And culture department is the administrative department of UCC.

As the Secretary of the administrative department, he knew that the Vice-Chancellor of the University was to retire on February 16, 2013. But he did not take necessary steps to ensure that a new VC was selected and appointed to take over the charges from the outgoing VC. This was probably because, he had a secret agenda to execute after the VC retires. The University Registrar, who could have stressed upon the necessity of selection and appointment of a new VC, was given the impression that the 9th VC was under active consideration for extension and in the process the Culture Minister was also used. But the file generated to emit this impression was to get gone through the stymie in the form of another IAS officer in the system of the Governor-cum-Chancellor, which it failed to pass. resultantly, the 9th VC had to relinquish office to create the vacancy for Tripathy to step in.

Blatant disregard to ethics and prudence

In this method, after the 9th VC retired, Tripathy grabbed the position of VC the next day, i.e. on February 17, 2013, though administratively it was entirely improper and imprudent.

It needs be said that the Secretary, under the Rules of Business, being the chief executive of the department assigned to him, should never want or accept any post in an institute under the administrative control of his department, because thereby any illegality or impropriety committed by him in the said institute shall have no possibility of higher executive intervention in the department howsoever calling be that in the concerned moment and the wrongs perpetrated shall continue to get the support of the State.

As the Secretary of the department and so its executive head, Tripathy should not, therefore, have wanted or allowed himself to accept the assignment as VC of the University.

But in blatant disregard to ethics and prudence, he occupied the VC chair. And went ahead to execute a design that has ruined the academic environment of the University.

What has he done?

Colorable exercise of administrative power

He has dismissed from service all the “qualified” teachers, who were serving the University since six years in all of the 15 post-graduate departments of UCC and besides teaching, were doing all the extra-classroom duties, such as preparing the courses of study, setting question papers, conducting examinations, evaluating answer papers, manning the examination squads and finalizing the results. Because of them the University has earned credibility by launching six batches of Masters in Music. Tripathy has dismissed them all under colorable exercise of administrative power.

According to University Notification No. 1533 of July 26, 2007, all these post-graduate teachers were selected for the vacancies then existing in the University through a competent “Selection Committee” appointed for the purpose, as they were found “qualified” to fill up the vacant faculty positions.

But instead of appointing them as regular teachers they were declared “Guest Lecturers for teaching and accompaniment in different branches of M.Music” with remunerations fixed per class. They all were assured on every relevant occasions that once the financial instability inherently affecting the University was over, their services shall be regularized and they continued to hold the posts created in 2007. The 9th VC had stressed upon their regularization; because they were “qualified” persons “selected” on the basis of “interview” conducted by a duly appointed and legally competent “Selection Committee” of the University in 2007, and had taken positive steps in this regard.

Tripathy has destroyed this position by “disengaging” all of them through mischief of a built up plea.

BoM a tamed team

The University has no senate, no syndicate. It is a government institute controlled by the Secretary of the Culture department. To give it an attire of autonomy, the Secretary has a tamed team branded as the Board of Management (BoM) that comprises Sarat Pujari of Sangit Natak Academy, Satakadi Hota of Orissa Sahitya Academy, Siba Panigrahi of Lalit Kala Academy, Tamasarani Das Mohapatra of Utkal Sangeet Mahavidyalaya, Baladev Prasad Maharatha of B.K. College of Fine Arts, Prasant Das of Khallikot Govt. College of Arts, Ramahari Das of Odissi Research Centre who are indebted to the Secretary for their respective postings. None of these fellows has the courage to say no to what the departmental Secretary wants. In fact, some of them, who, in personal level are my friends, have confided in me that they had to sign on dotted lines the resolution dated 08,04,2013 where it was written that the “guest” lecturers would be disengaged from 10.5.2013. And citing this resolution Tripathy promulgated the “disengagement” order on 15.5.2013.

Office order cannot nullify Notification

It is to be noted that the lectures had entered into the University system by a “Notification” bearing No.1533, which was issued on 26.7.2007 with the unambiguous declaration that all of them were “qualified” for the posts they were to fill up, notwithstanding the designation offered to them.

But all of them have been “disengaged” by an “Office Order” issued on 15.5.2013.

The lecturers, notwithstanding their designation, having entered into the University system by a “Notification” cannot be dismissed by an “Office Order”; because “Office Order” is not the same as “Notification”.

Disengagement is not legal

On the other hand, the so-called “Office Order” which has “disengaged them with effect from 15.05.2013 for the first time after their entry into the University’s faculty system, makes it absolutely clear that till “disengaged”, all of them were “engaged” in their respective jobs which they had joined under the “Notification” of 26.7.2013, notwithstanding the wrongful designation and remuneration they were subjected to.

By virtue of their engagement for six years, as admitted in the above-noted “Office Order”, they had acquired a job status that cannot be dismantled so arbitrarily by a scheming Secretary behind them and in total denial of natural justice to them, and for no fault of theirs, specifically when the same Secretary had the knowledge that after only a few days he would be shunted out of the University when the new VC was to take over.

Keeping these “qualified” lecturers recruited by the “Selection Committee” lawfully constituted by the University for selection of “qualified” persons on the basis of interview against existing vacancies “engaged in their jobs” for six years under a mischievous nomenclature like “guest Lecturers” was blatantly illegal and can be cited as a classic instance of unfair labor practice resorted to by a government institute of higher education in culture like the UCC.

Nasty administration

Chief Minister Naveen Patnaik should feel ashamed of what a nasty and exploitive administration he has given to the State where brilliant and “qualified” experts in performing arts have been kept underfed and insecure like bonded labors in the University of Culture by his Mandarines like Tripathy for all these six years to be thrown into the dustbin in furtherance of a design.

The new Governor of the State, who, by virtue of being the Governor, is the University’s Chancellor, should also feel ashamed of his predecessor’s total failure in the realm of UCC where all the teachers, who were found “qualified” by the “selection Committee” and who, on joining the University system, have kept the University alive by producing six batches of Masters in Music, were denied job-security ever since their entry into the University system and had been kept underfed like bonded labors for six years. He should genuinely disapprove that after he has taken over, the same teachers have been “disengaged” for no fault of theirs, but because the Secretary of the controlling department had a secret design to execute.

Culture is so Uncultured!

The “disengagement” of the founding teachers in performing art disciplines like Vocal music, Dance, Instrumental music, and Drama, besides being entirely illegal, is a dastardly uncultured crime against human rights that an institute like the University of Culture was never expected to commit. This is sheer anarchy.

This anarchy has been infused into the system of the University by Tripathy.

The plea that the founding teachers of the University were mere “guest lecturers” whom the board of management resolved to disengage is blatantly fallacious.

The legal aspect has been discussed supra.

Now let us go to the concerned resolution.

Illogical resolution

While proposing to disengage the Guest Lecturers from 10.05.13, it simultaneously says, “There will ….. be …… only Guest Lecturers. All the posts of required number of Guest Lecturers will be advertised for recruitment before the summer vacation of 2013 after getting approval of the administrative department”.

Six years ago, in 2007, there was “advertisement” for “Guest Lectures” and “recruitment” of “qualified” persons for the said posts, was made by a “Selection Committee”, “after getting approval of the administrative department”.

So why have they been “disengaged” after rendering six years of brilliant and bright service; and when none of them was found deficient?

Why the resolution has been adopted to “disengage” “guest lecturers” to recruit “guest lecturers”? Is it a sane resolution?

How do you explain this, members of the BoM?

Mr. Sarat Pujari, how do you explain this?

Mr. Satakadi Hota, how do you explain this?

Mr. Siba Panigrahi, how do you explain this?

Ms. Tamasarani Das Mohapatra, how do you explain this?

Mr. Baladev Prasad Maharatha, how do you explain this?

Mr. Prasant Das, how do you explain this?

Mr. Ramahari Das, how do you explain this?

Each one of you is considered a polar star on the sky of our culture. But instead of nurturing our cultural climate by standing with the teachers of performing arts whom the University had kept underfed by not regularizing their services despite using them to churn out masters these long six years, why have you, like obedient slaves, signed on a resolution that declares to disengage working “guest lecturers” to engage “guest lecturers” in work in their places? Why could you not stand with your conscience? Why this treachery is played against a brilliant and dedicated segment of our performing artists that have made their remarkably bright contributions to the University of Culture?

Timid fellows always try to ingratiate themselves with power holder by honoring their orders howsoever wrong and whimsical that be.

But each one of you above named members of the BoM of the University, is viewed as a luminary. Timidity to the extent of making a farce of a resolution of the type discussed above was the last thing one should have expected from you.

Baffling design

Those, who put premium on the dignity of our artists, must feel most disappointed over the treatment given to the teachers of UCC by a bureaucrat, who, instead of waiting for a couple of days for the regular VC to join and take a decision in the matter, has executed a mischievous resolution coined through a tamed team of members in the University BoM, that wants to replace “Guest Lecturers” with “Guest Lecturers”.

This baffling design cannot be defined in real terms. But, unless there is a secret purpose to recruit favored persons, why vacancies have been created in such a mischievous manner?

The teachers, who have thus been arbitrarily “disengaged” in a nefarious design of Tripathy to create vacancies for yet undisclosed favorites, have submitted a representation against their dismissal to the Governor-cum-Chancellor of the University.

But the Chancellor being the Governor of the State, the said representation is to pass through the barricade manned by the IAS biradari. Lest the biradari suppresses this appeal, we are inclined to publish the same in its entirety in our State’s cultural interest, with a request to our readers to attract in their own ways the attention of the Governor to the plight of the teachers of the University of Culture, of which he is the Chancellor. Here below is the copy of their representation:

To:
His Excellency the Governor of Orissa-cum-Chancellor, Utkal University of Culture,
Raj Bhawan,
Bhubaneswar

Sub: Prayer for quashing of Office Order No.841/UUC dated 15.5.2013 and for regularization in
Faculty positions held since 2007

Bhubaneswar, Dt.27.5.2013

Your Excellency,
We the following signatories are a few of the victims of the Office Order referred to above, putting the prayer of all the victims of the above order, as the rest of us have gone to their respective villages under unavoidable circumstances, authorizing us to represent them in this prayer petition.

Please be pleased to kindly take this petition as the petition of all the victims of the Office order referred to above.

The Utkal University of Culture had a requirement of faculties in PERFORMING ART in the departments of (1) Vocal Music in the areas of (a) Odissi Vocal (b) Hindustani Vocal; (2) Dance in the areas of (a) Odissi Dance (b) Chhow dance; (3) Instrumental Music in the areas of (a) Tabla (b) Odissi Pakhawaj ( c ) Flute (d) Violin; and (4) Drama in the areas of (a) Acting (b) Direction ( c ) Stage Craft. The University also required faculties of VISUAL ART in the departments of (1) Painting (2) Applied Art and Design.

It invited applications for the same posts through advertisements in mainstream papers, which is enclosed herewith as Annexure ‘A’.
When the ESSENTIAL QUALIFICATION underlined for faculty of Performing Art was:“M.Mus. or equivalent with 55% marks in concerned subject from a recognized University within the age group of 60 (sixty) years as on 01.03.2007. The preference will be given to the candidates having NIT/Ph.D./Good Academic career”, the same for faculty of Visual Art was: “M.F.A/M.V.A./Advance Diploma/Post diploma in Painting or equivalent with 55% marks from a recognized University within the age group of 60 years as on 01.03.2007.” with the same preference rider.
The University conducted tests and interviews and selected us for the permanent vacancies in the design of guest faculties; while the appointment notification had made it clear that all of us were “qualified” for “teaching and accompaniment” in the Appointment Notification No.1533/UUC dated 26.7.2007.

The said Notification noted that we were “professional / traditional and qualified persons” selected “for teaching and accompaniment in different branches of M.Music as mentioned against each under Utkal University of Culture as per the decision of the Selection Committee constituted by the University for the Academic session 2007-2008”.
This makes it clear that the University had appointed a “Selection Committee” to select “qualified” candidates for faculty positions against vacancies created in 2007-2008.

And, thereafter, no more authentic vacancies have ever been created, as all of us have been performing our duties regularly by having joined the vacant posts of 2007 under “decision” of the “Selection Committee” in 2007.

The University is a State creation and is supposed to be an ideal employer. But instead of regularizing us in our respective posts, as we were appointed by virtue of being “qualified’ for the post and selected by the “Selection Committee” created to fill up the vacancies created in 2007, it has kept us as guest faculties with improper and absolutely inadequate wages, despite our personal/collective representations to the Authorities umpteen times.

We have been working in the posts appointed to since 2007 and at no point of time any of us has been declared disqualified for the post he/she holds, though at two different occasions we were asked to update the University on our bio-data, which we have always complied with to the satisfaction of the authorities.

We have worked as full-fledged teachers rendering our services in every aspect of teachers’ functioning such as in the matters of syllabus, question paper setting, invigilation in examination, evaluation of answer papers and practical tests over and above taking up of all the classes and implementation of didactics. It may please be noted that there are only seven regular teachers appointed recently as against 15 departments of teaching in the University. It suffices to make Your Excellency appreciate that after filling up the vacant posts in 2007, we are the persons that have done the real teaching in the university in almost its entirety. The University should have regularized us since the beginning, which it has not done.

We were selected through a proper and legally constituted “Selection Committee” that had found us most suitable for the vacancies of 2007-2008 pool on the basis of our fulfilling the “Essential qualification” criteria laid down by the University in 2007 and ever since our joining the vacant posts, we have been doing our job with perfect precision, without which the University could not have run so far with 7 teachers only very recently regularized against 15 departments. The University authorities have always assured us of regularization once its economy is stable. And, as teachers and artists, simple in nature and believers in benevolence of the authorities as well as of the State, we have always stayed satisfied with the assurances.

But, sadly, Your Excellency, when we deserve to be regularized, like a bolt from the blue, the wrongful order under reference (Annexure ‘B’) has hit us on the head. Our representations to the members of the Board of Directors including the Vice-Chancellor and the Registrar dated 18.5.2013 under Annexure ‘C’ and to the Vice-Chancellor on 24.5.2013 under Annexure ‘D’ and to the Registrar on the same day under Annexure ‘E’ have not fetched us any relief.

PRAYER

Under the circumstances, we pray Your Excellency to please intervene and to please protect our right to life by quashing the order under reference and by reinstating us and regularizing our employment as faculties on the following grounds:

* We have not done any negligence to our duties;
* We had duly appeared in the interview conducted by the Selection Committee legally constituted by the University to select candidates possessing the “essential qualifications” prescribed by the University to fill up vacancies caused in 2007;
* We were found “qualified” for the posts by the “Selection Committee”, the “decision” of which had materialized in our appointment;
* Ever since our joining, we have been doing our duties every day of academic functioning of the University, in every area of teaching and didactics;
* Ever since our joining, the posts we hold have never been declared vacant; and there has never been constituted another “Selection Committee” for vacancies, if any, which establishes that with our joining , the vacancies caused in 2007 have been completely filled up and we have been in regular jobs in regular posts though wrongfully treated as guest faculties;
* Ever since our joining, we have never been set disqualified;
Ever since our joining, we have never been found ineligible to work as faculty;
* Ever since our joining, we have regularly worked as faculties and our and only our role as faculties of the University has produced post-graduates in all the subjects the University has offered in performing arts and visual arts.
* When the University has 15 departments, with a mere seven members in regular posts appointed very recently, without us teaching regularly, the University could never have continued as a seat of learning; and this makes it clear that we have been working in posts of permanent nature since 2007 and keeping us branded as guest faculties with inadequate and improper wages to address classes of regular nature for so long a period was / is not in no consonance with employment ethics expected of an ideal employer;
* When the University is a State undertaking, it should act as an ideal employer and therefore, instead of jettisoning us for no fault of ours, the University should regularize us in our employment.
Unless Your Excellency intervenes and regularize us by quashing the order under reference, our right to life would be in serious jeopardy;

And, therefore, we pray Your Excellency to please quash the order under reference and to be pleased to pass necessary orders to reinstate us and regularize our employment.

AND FOR THIS ACT OF KINDNESS, AS IN DUTY BOUND, MOST FERVENTLY WE PRAY.

By the victims of Office Order No. 841/UUC dt.15.5.2013

Infusion of anarchy needs be stopped

It would be proper for the Chancellor to appreciate that the “disengaged” lecturers were legally “selected” to discharge regular jobs that the regular teachers should do, and had thereby de facto filled up the vacancies created in 2007, and therefore, their regularization was a de jure necessity.

Anything else than their regularization would be considered an anarchy in administration.

No IAS officer should be allowed to infuse anarchy into service. So, the Chancellor should act the Governor in this matter and review Tripathy’s activities as VC in-charge of the UCC and save the teachers by quashing the “Office Order” that has thrown a brilliant section of our creative community into a pernicious labyrinth of uncertainty and unemployment.

Save the Samaja campaign holds a whole city cycle rally in Cuttack against false prosecution of employees and inaction against swindlers of Samaja funds

campaign commences at College Sqr

Save The Samaja Forum (SSF), spearheading a principled campaign against the fraud and felonies of Servants of the People Society, which, having illegally captured the premiere newspaper of the State is ruining it, held a significant cycle rally with black flags and black badges that covered whole of the city of Cuttack on June 07, 2013 in the afternoon, highlighting the necessity of mass action for saving the Samaja from the network of corruption, misappropriation, malpractice and exploitation of labor.

set to start

Led by joint conveners of the Forum Sri Prasanta Patnaik and Sri Subhas Chandra Pattanayak and the President of Utkalmani Newspaper Employees Association (UNEA) Sri Devi Prasanna Nayak, the rally commenced from the Netaji statue in the College sqr of Cuttack, the birthplace of Netaji Subhas and covered the entire city by touching all its central nerve centers. When the rally reached the Samaja office area, it was witnessed by the unholy occupiers of the paper and photographed by them. There was massive distribution of speaking leaflets elaborating the purpose of the rally, which the agents of the Samaja hijackers were seen collecting. But ethics of journalism has become such an anathema to conduct of the paper now, that it has preferred to blackout the rally.

The cycle rally under black flag was the first of its kind the City has ever witnessed.

It was a very effective attempt to make people aware of how the paper they have built up has been hurled into the hell by its illegal occupiers.

campaign vehicle

The rally was fortified with appropriate slogans ranting the air, even as a pre-recorded audio CD was transmitting the message of SSF from the accompanying Sankalpa Rath, the vehicle, equipped to carry the messages to every nook and corner of Orissa to involve the people with the pledge (Sankalpa) to save the Samaja, which is their own paper built up with their financial contributions and readership support.

The Whole City Cycle Rally starting at 4 pm from the College sqr, ended at Dolamundai sqr after involving the general public with the campaign at important nerve centres of the city.

Joint conveners of SSF, Prasanta Patnaik and Subhas Chandra Pattanayak addressed the people at the ending point after an introductory speech by Sharanaravinda Ojha. Both of them called upon the Government to ensure that the ADM of Cuttack expedite his investigation into SSF allegations that the Servants of the People Society has occupied the Samaja by forging a WILL of Pt. Gopabandhu Das. The Registrar of Newspapers for Orissa was moved by the SSF to quash the false ownership of the Samaja and to take legal action against the miscreants who have been wrongfully posing as owners of the paper. On receipt of this communication from SSF, the RNI has asked the Cuttack ADM to investigate and report. But the ADM has yet to show promptness in the investigation. So the SSF leaders stressed upon expeditious investigation in this matter.

They also stressed upon the urgent need of action against the financial bungling going on in the Samaja, as unveiled by an Inquiry Committee headed by Justice Arijit Pasayat, despite the same being a captive committee of the organization.

They asked the government to look into why the police have not taken any action on well documented information of swindling of the funds of the Samaja by corrupt members of SoPS despite direction of the Orissa High Court in this regard, whereas, the same police officials have framed up the leaders of the Samaja employees in false cases as their trade union activities disadvantaged the very same gang against who well documented FIRs are gathering dusts in the Police Station.

They condemned the management of the Samaja for contravention of labor laws and extermination of work environment in the Samaja and call upon the labor department to initiate and expedite action against the management for unfair labor practices.

Editor of Janatantra Vivekanand Dash came down heavily upon the corrupt fellows that are, in the name of SoPS, busy in all sort of nefarious activities. He called upon the people of Orissa and the State government to wake up for saving the Samaja from the illegal capture of the Manubhai Patel and his gang.

President of UNEA Sri Nayak placed before the public the story of the labor side and focused on how they have been subjected to false cases for their demand for regularisation of employment of persons who for decades have been working in the newspaper without any scope for the welfare schemes created by law for the employees. This inhuman practice needs be foiled, he said while expressing gratitude to SSF for its contributions to the cause of the workers.

Pabitra Maharatha coordinated the event.

Grand Reception given to victims of the gang of Samaja occupiers

Mirzapur_podium

Devi Prasanna Nayak and Subash Chandra Singh, President and General Secretary respectively of the trade union of the Samaja employees and Brajabhai, under whose stewardship the down going paper was brought back to rejuvenation around a decade ago, were given a grand reception in a public conference convened by ‘Save the Samaja Forum’ in a densely populated patch of rural Orissa at Mirjapur of Jajpur on May Day, 2013, immediately after they were released from judicial custody.

mirzapur_Pabitra

Pabitra Maharatha, coordinator of SSF initiated the public meeting with a brief description of how release of the trio has proved that for all times to come the miscreants cannot keep the law hoodwinked. He passed on to the participants in the conference the wishes of solidarity sent by eminent journalist Prasanta Patnaik, joint convener of SSF, who, busy in MUFP action against police atrocities on media persons covering the lower Suktel unrest, could not attend the conference.

Chaired by journalist Ranjit Raut, the event was addressed by the representative-in-chief of orissamatters.com Sri Subhas Chandra Pattanayak, the other convener of SSF. Welcoming the three victims of false allegations back to their freedom, Sri Pattanayak praised them for their prudent and principled role in dealing with the illegalities the Samaja employees are subjected to. He gave a detail depiction of how the paper founded by Pt. Gopabandhu, revered and remembered for humanitarianism, is being used against human rights of the employees and how unfair labor practices are rampant in the organization in absence of valid standing orders.

Mirzapur_SCP

Devi Prasanna, Subash and Brajabhai had to suffer loss of their liberty because of a nefarious design engineered by a combine of swindlers of the funds of the Samaja and a pack of police black sheep, taking advantage of a defective judicial system, where the primary court does not think it necessary to go beyond the assortment of accusations to be prima facie convinced that the forwarding officer is not influenced by the accuser, said Sri Pattanayak.

Educationist Benudhar Dobai, and eminent socio-political leaders of the locality Raghunath Das and Laxman Raut expressed solidarity with the trio in their just fight against oppression and against corruption in Utkalmani’s paper, the paper to which the people of Orissa have always emotionally helped.

mirzapur_brajabhai

In response to the reception, Brajabhai informed the public that his positive role in bettering the Samaja has led to exposure of the negative role played by fellows like Manubhai Patel and therefore, in nexus with a corrupt police they have coined concocted cases against him.

Subash Singh said, the workers and working journalists of the Samaja shall continue to treat the paper as their own and therefore, the looters of the Samaja fund and users of the paper in their own interest would continue to treat the employees as their enemies. But the working class shall win and the manipulators shall fail, he said.

Mirzapur_Devi P.Nayak

Devi Prasanna Nayak declared that he shall continue to oppose the killing of the spirit of Gopabandhu in the Samaja set up and thanked the general public for its tremendous support to the employees in their fight for justice.

Amongst others, educationist Binod Bihari Behera, Prashant Dwivedi, Sridhar Sahu,Subash Mishra, Purusottam Das, Kedar Deo, Uday Mallik, Jnanaranjan Aich, Bijay Kumar Das were conspicuous by their participation.

Youth leader Ranjan Deo proposed vote of thanks.

Wrongful Police fail to keep judicial wisdom eclipsed; Devi Prasann Nayak, Subash Singh and Brajabhai enlarged on bail

Subhas Chandra Pattanayak

Police ultimately failed to keep judicial wisdom eclipsed by misuse of powers vested in them and finally, the Additional District Judge, Cuttack has granted bail to Trade Union leaders Devi Prasanna Nayak and Subash Chandra Singh, President and General Secretary respectively of Utkalmani Newspaper Employees Association as well as to Brajabhai well recognized as the man who had reformed the premiere daily into rejuvenation. They are implicated in mischievously built up concocted cases, which on hearing are bound to collapse; because the allegations are blatantly wrong and entirely baseless. We are sure; no fabricated case can earn judicial support in the long run.

The Samaja, people’s paper of Orissa, built up with constant flow of people’s patronization being the paper founded by their beloved leader, late Utkalmani Gopabandhu Das, has, behind the back of the people, in the mean time, been transformed into a den of swindlers, manipulators, self-seekers, schemers, exploiters, unfair labor practitioners, womanizers, and pet women who sans qualms can use their muliebrity to malign any gentleman disadvantageous to the men of moral turpitude.

Devi Prasanna Nayak and Subash Singh are determined to save the Samaja from this den. They were therefore in the hit list of the fellows that dwell the den.

On the other hand, Servants of the People Society (SoPS) of which Utkalmani Gopabandhu was the leading light before his premature death has captured the Samaja under the plea of a WILL attributed to him. But a few months ago a document stumbled upon; suspicion is in the rise that the WILL on the basis of which SoPS has occupied the Samaja is not a genuine WILL

This has led to formation of an instrument to save the Samaja which is known as Save the Samaja Forum (SSF).

Even as SSF has been harping on investigation into the reality or not of the WILL, it has come to light in course of investigation by Justice Arijit Pasayat that there is swindling of the Samaja funds to the tune of several crores of rupees as well as instances of grievous moral turpitude. To preempt punitive action, a gang of fellows marked by the Pasayat Committee for offences, has, through a stage-managed election, which a competent judge has observed to be incongruous with the constitution of SoPS, occupied the Samaja and in order to render the investigation report inconsequential, has framed up Sri Nayak and others to create panicky amongst the workers of the news daily so that from headquarters of the paper their reign over SoPS as well will continue without any hurdle.

Cantonment P.S. of Cuttack has obliged this gang so far.

We will focus on this P.S. later, but for now, to us, the happy occasion to mark is, enlargement of Nayak, Singh and Brajabhai on bail. Their appeal for bail was given legal support by the State’s new generation legal luminary, Advocate Bibhu Prasad Tripathy as well as by Advocates Milan Kanungo, Manoranjan Mishra, Devi Prasad Dhal, and Soyed Hidaytulla (Chand babu).

In course of the cases, the complainant had tried to meddle in the matter through its lawyer. But Sri Tripathy had raised a brilliant protest against participation of the complainant through a lawyer in opposing the bail petition. He had cited various case laws to apprise the judge of the soft threads of law over the issue and despite the Samaja occupiers having engaged a top ranking criminal law practitioner to plead for them, that was rejected on elaborate hearing.

Instead of acting the desired sentinel of the people, the Samaja now appears a habitual litigant. People of Orissa do certainly not like to see it in this condition. And, we hope, a day shall soon come, the Samaja will be free from the hoodlums.

We are thankful to judiciary for having given us – the working people of Orissa – a great moment to celebrate the May Day by granting two brilliant trade union leaders – Devi Prasanna Nayak and Subas Chandra Singh and Brajabhai, the man that had brought discernible reforms and rejuvenation to Samaja – the much awaited bail, out of the dark tunnel of manipulation, which the powerful newspaper management in nexus with police black sheep had so cunningly created.

SSF calls upon the Government to protect the Samaja from Servants of the People Society

save the samaja forum

Save the Samaja Forum has called upon the State Government to initiate action against miscreant members of the Servants of the People Society (SoPS), who have occupied the daily Samaja by using apparently a forged WILL of Pt. Gopabandhu Das.

scp & pkp in public convention

The Forum held a public conference in Lohia Academy Auditorium at Bhubaneswar on Aril 27 with senior journalist Prasanta Patnaik in the Chair. Joint Convener of the Forum Subhas Chandra Pattanayak detailed the unfair labor practices, illegalities and embezzlement resorted to by the tainted members of the SoPS.

The Forum raised five demands: (1) The Registrar of Newspapers for India (RNI), before whom the Forum’s demand for verification of the genuineness of the WILL in question is pending, must conclude its probe without dilly-dally and take action against SoPS if the WILL it relies upon is found to be a fake one; (2) the State Government must probe into embezzlement of the Samaja revenue by SoPS members and recover the misappropriated money of the Samaja; (3) Labor authorities of the State must initiate action against Samaja/SoPS for blatant contravention of industrial and labor laws; (4) the false and fabricated cases against Utkalmani Newspaper Employees Association President Sri Devi Prasanna Nayak and General secretary Sri Subash Singh must be withdrawn and (5) the State Government must save the Samaja from the grip of the SoPS, members of which are indulged in rabid misappropriation and blatant mismanagement of the funds of the Samaja.

President Sri Patnaik showed how the management of the Samaja have implicated trade union leaders in false cases and called upon media as a whole to expopse the misdeeds of the Samaja occupiers.

Amongst others, editor of Samadrusti Sri Sudhir Patnaik, editor of sachitra Bijaya Sri Kedar Mishra, editor of Janatantra Sri Vivekanand Dash, editor of Subarta Sri Pradyumna satapathy, Advocate Banamali Das and eminent educationist Prof. Narendra Prasad Das expressed deep agony over reported illegalities and immoral activities going on in the Samaja and stressed upon wider campaign against the mischief.
It was decided to widen the campaign against SoPS to save Gopabandhu’s paper from its illegalities.

Coordinator Pabitra Maharatha proposed the vote of thanks.

The Samaja tangle: Trade Union leaders framed up in cooked up cases: State a silent spectator!

Subhas Chandra Pattanayak
The President of Utkalmani Newspaper Employees Association and sub-editor of Utkalmani Gopabandhu Das’ great gift to Orissa, the Samaja, Sri Devi Prasanna Nayak is in judicial custody since 26 March 2013 apparently as a lady sub-editor namely Mamata Bisoi alleged that he along with others outraged her modesty.

From the order of S.D.J.M. (Sadar), Cuttack, before whom Devi and the co-accused Braja Bhai were produced the same day, it transpires that bail was rejected because Mamata has given a statement to the effect that “getting information, when she went to the spot”, the accused persons “pulled her Saree, caught hold of her, squeezed her breast and assaulted her, for which she sustained severe injuries on her head and her left of body”.

To the Magistrate, “the above facts and gravity of the alleged offence” were such that he was “not inclined to release the accused persons on bail”.

Was she really tortured by Devi and the co-accused as she has stated?

Our investigation convinces us that she has given false statements to misuse the judicial system against the accused persons for reasons yet to manifest.

If pictures can say, they say emphatically that Mamata’s statement is nothing but concocted.

IMG_1055If getting the information she had come to the “spot”, the spot was full of police personnel and members of the Samaja staff. Eye witnesses say, she had come with her brother and another woman.

Let us look at a few other pictures:

IMG_1049

The police was in discussion with Kishore Tripathy, Devi Pr. Nayak, Niranjan Rath, Bhimsen Jadav etc.

IMG_1060

As Devi was in discussion with the police along with others, Mamata was having talks with police and someone known as her brother at the Samaja entrance.

IMG_1066

She was seen giving some instructions to someone whom she says to be her brother.

IMG_1072

At that time, police was discussing with Braja Bhai.

IMG_1081

Soon thereafter, Police wanted Devi and Braja bhai to come with them to the DCP for further discussion on how to solve the Samaja tangle.

IMG_1137

And, then took him and Devi to the DCP where they were declared arrested.

And, where and when, despite their heavy presence, they “pulled her saree, caught hold of her, squeezed her breast, assaulted her thereby causing her head injury and injury on her left, as alleged by her?

We have talked to many persons present on the spot and all of them say that Mamata has given false statements. Devi is a person of good moral character and neither he nor Braja Bhai nor anybody else has misbehaved with her as alleged.

Taking advantage of the lacuna in judicial system that allows magistrates to refuse bail without examining if there is prima facie reason to disbelieve the accusations, the police have picked up the General Secretary of the Association Sri Subash Chandra Singh on April 13 reportedly on the same ground and hounding some other leaders of the trade union too.

The Trade Union that Devi and Subash lead has been fighting against unfair labor practices, which the Samaja management has been perpetrating against the employees in blatant and criminal contravention of the Industrial Standing Orders Act.. There are many such employees who have been regularly working for the paper for decades without being regularized and sans payment in time scale and the Union has raised industrial disputes against such illegalities. Therefore the occupiers of the Samaja want Devi and his team get out of the scope for fighting for the employees and therefore, they have subjected Devi and his friends to cooked up cases. Earlier, they had subjected Devi to a domestic enquiry on concocted charges and had instructed the security personnel not to allow him entry into the Samaja office to keep him absent from enquiry! When thus Devi was debarred from defending himself, Mamata was presented as the management witness and from what she told the enquiry officer, it was clear that she holds either personal grudge against Devi or was eager to oblige prosecutors of Devi by vomiting their versions against him. So, there is reason to believe that her statement to Police and later to a magistrate is prompted and vitiated with motive and antagonism.

If the Government is not irresponsible, it should review the case against Devi and others and correct the wrong done to them by ensuring that false prosecution is not supported by the State.

It is time for the State also to save the Samaja from fraudsters. The fellows that have kept the paper in their capture have swindled crores of rupees from the revenue of the paper as figured even in the report of the Enquiry Committee headed by Justice Arijit Pashayat. The State Government should call for this report and initiate necessary action as fraud is being played upon the people of Orissa – the real financiers of the paper – by the Samaja occupiers. It would be wrong if the State stays a silent spectator.

Orissa High Court directs DLO to complete action against the Samaja within two months

A retired IAS officer Suresh Mantry, eager to ingratiate himself into the offshoot gang of Servants of the People Society that is facing a challenge from genuine officiating president thereof in a civil case before the senior division civil judge of Cuttack, had transferred and suspended Sub-Editor of Samaja, Sri Devi Prasanna Nayak who leads the employees as President of their only and recognized trade union apparently in a design to cow down the workforce when the known authority of SoPS Sri K.C.Tripathi had asked the employees not to honor the usurpers, in the month of February 2012. Sri Tripathi had nullified the orders passed by Mantry and holding him highly irresponsible, had put him out of service. Yet, Sri Nayak was disallowed entry into the Samaja premised by use of muscle power by Mantry. The employees of the Samaja had taken a decision to go on strike in protest against the illegal steps taken against their President; but Sri Nayak being a devoted follower of the ideals of Utkalmani Pt. Gopabandhu Das, had dissuaded the members of the trade union from going on strike and had preferred to move the labor machinery against the mischief.

The trade union – Utkalmani Newspaper Employees Association – through its General Secretary Subhas Chandra Singh moved the District Labor Officer Cuttack on 25 August 2012 to intervene as per labor laws. But the DLO – P.K.Mahapatra – was so discernibly subservient to the brand of IAS that Mantry was brandishing, he did not dare to initiate conciliation over the dispute raised by the TU. The offshoot gang of SoPS members, who, according to its officiating President Sri Tripathi has no legal locus standi, devised a shrewd method to keep Orissa officials browbeaten so that the police may not dare to act against criminal misappropriation of funds and other illegal activities of the gang. Under this design, a bunch of formers IAS and IPS officers some of them having headed the state administration as Chief Secretary and Director General of Police during their tenure, were recruited as advisors. And, the design has clicked so faithfully that, despite the High Court orders to the DGP, in Sourav Sahu case, the police is not taking any action against members of this gang such as Manubhai Patel for criminal misappropriation of Samaja funds and despite registration of Police cases on the basis of Tripathi’s allegations against crimes like forgery, breach of trust, tampering of SoPS records, illegal occupation of the Samaja, misappropriation of funds by production and sanction of false bills etcetera, the police is refusing to wake up. In the circumstances, the DLO (Mohapatra) was too overwhelmed under the blaze of the array of formers functionaries like Chief Secretary, DG of Police to take action against illegal victimization of Sri Nayak and other employees devoted to ethics and principles of their service and profession. Mohapatra even had openly confessed that he was at the verge of promotion and cannot dare to irritate the powerful people that have taken to their control, howsoever illegally be, a powerful daily like the Samaja.

In a situation like this, when the labor officer went on dillydallying the case, the Trade Union preferred a writ petition before the High Court of Orissa through its General Secretary Subhas Singh which was registered as WP ( C ) 2297 0f 2013. Going through the grievance of the workmen, a division bench of the Court comprising acting Chief Justice Hon’ble Justice P.Mohanty and Hon’ble Justice S.K.Mishra has directed the DLO, Cuttack to direct the SoPS “not to take any coercive action against members of the TU and to dispose of its dispute within two months.

Accordingly, after lapse of six valuable months, the DLO (a new officer) has instituted conciliation by an order yesterday.

The Orissa Public Services Act, 2012 will demoralize the minified Executive and create Chaos

Subhas Chandra Pattanayak

Punishing errant public servants for non-delivery of expected service is a method that was first conceived by Biju Patnaik when he was eager to shift responsibility for his misrule to the employees.

Once in power, Biju was misusing his position to loot the State and the aggrieved people of Orissa were refusing him mandate in the next election and thereafter, to avenge his betrayal.

When for the second and last time he had occupied power in Orissa, sure as he was that he cannot give anything than misrule, and conscious of the wrath that the people would express over his misrule, he had contrived a new method to escape.

And that method was known as ‘Mada Tattwa’, meant to physically assault the employee who does not oblige.

Even in public meetings he was openly instigating people to beat up officials as for them the people were not getting good governance despite all his endeavors.

It had created such chaos that employees of the very department under his control had used the ‘Mada Tattwa’ on Biju in the Secretariat on May 06, 1993 for his continuous misrule.
Biju had narrowly escaped a head injury as a journalist present on the spot saved him from being hit on the head by an earthen plant container that an employee, in conniption, had thrown at him. It was national news; so also his ‘Mada Tattwa’.

Taking the cue, the political government of Madhya Pradesh also wanted to shift the responsibility of misrule to the government employees. But they avoided Biju’s method of physical assault, lest the misruled people apply the same on the CM or Ministers. So, instead of ‘Mada’ (physical assault), the M.P. government provided for legal penalties against the employees for non-delivery of service in time, under the design of Right to Public Services Act enforced on 18 July 2010, which was the first of its kind in India.

After MP, with people perishing as plutocracy has engulfed India, politicians in power in various provinces that are working as facilitators for various industrial/corporate houses, in order to project the employees as means of misrule, have also notified / promulgated Public Service Act in their respective states. These provinces are: Bihar, Jharkhand, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Delhi, Punjab, Haryana and Rajasthan.

But nowhere, the Act has been launched – in fact, no Law is ever launched with fanfare in specifically convened meetings – by the Chief Minister of the State, as it is in Orissa.

Begun with 34 public services under seven departments, the Orissa Right to Public Service Act 2012 is projected to cover 100 services, where delay in delivering the required service, would enable the service seeker to demand compensation. The employee dealing with the same would be penalized for the delay or denial of service.

In launching the Act on January 2, Chief Minister Naveen Patnaik, who heads the BJD by virtue of being the son of Biju Patnaik, described the day as a “historic day” as this Act “provides for imposing penalties on the service providers for defaulting or causing undue delay in delivery of service”.

In a sense, it is a welcome venture. It will, to certain extent, help the general public in asserting their right to get quick service.

But, despite this law, there shall be delay in delivery of services. All the government offices are presently suffering from severe shortage of staff. When workload is highly increasing, the executive is shrinking in size. Sanctioned posts are not being filled up. Recruitment is rare. Without adequate staff, it would be impossible for the severely minified executive to comply with all the requisitions in a fixed time. Threatened with legal prosecution and penalty for delay in complying with requisitions, the staff is bound to feel demoralized.

In fact, it will shift the responsibility for misrule from the politicians in control of administration to the lower executive and give boost to a climate of litigation against the employees. So, it will help the compradors in power to escape public wrath for their misrule, when attention of the suffering public will stay focused on inability of lower executive to deliver good governance.

Therefore, instead of acting beneficial, this Act will cause a lot of harm to administration. Firstly, it will convince the people that the employees are means of misrule, and secondly, the provision for penalty in this Act, will keep the employees constantly intimidated.

This Act has been enacted without application of collective legislative wisdom in the Assembly, because the Opposition has not participated in its passing. Had the Chief Minister been honest in politics, the Opposition should have been associated with discussion on the Bill and the same could have been tested on the matrix of Opposition wisdom. But it was rushed through the Assembly when the Opposition was in the well of the House in protest against strangulation of the Congress voice of protest against maladministration by use of the Police. Had it been put under rest till the Opposition was ready for debate, the necessity of adequate staffing before enforcement of this Act could have been stressed upon and legislative intention could have been distinctly defined. But it has not happened.

Therefore, it is essential that the vigilant public should ask the Government to keep this injurious Act in hold till offices are adequately staffed. Otherwise, Orissa shall be thrown into a new wave of litigation that would be too chaotic and overwhelming for the administration to maintain normalcy.

The Labor Authorities must wake up against unfair labor practices by The Samaja Occupiers

Subhas Chandra Pattanayak

The Servants of the People Society (SoPS), which is suspected to have occupied The Samaja by forging a Will of its founder Pt. Gopabandhu Das, has some life members that are spotted for moral turpitude and funds embezzlement. To preempt legal action, these tainted members have tampered with records of the society and occupied its office, brandishing an election that was never held. The known and legitimate authority of SoPS – K.C.Tripathi – has challenged this false election in appropriate legal forums in Orissa, which is pending.

The occupiers of office have not yet established their legitimacy as office bearers of SoPS. But these fellows have resorted to various unfair labor practices to intimidate the employees and have apparently influenced material officers of the labor department, as a result of which, the employees’ complaint against such illegality is not being attended to by the concerned officers in right earnest.

Samaj OfficeThe multi-editional Samaja has around 400 journalist and non-journalist employees. But, it has no legitimate Standing Orders as required under the Industrial Employment (Standing Orders) Act, 1946. The Utkalmani Newspaper Employees Association, the only and duly recognized Trade Union of employees of the Samaja has attracted the attention of the Labor Commissioner (LC) repeatedly to this malady. The LC has been sleeping over the issue.

To impress their legitimacy upon the Court, the occupiers of SoPS are forcing the Samaja employees to carry out their orders, howsoever wrong, whimsical and capricious that be.

As for example, Dr. Satya Ray, executive editor, has been arbitrarily transferred to Sambalpur, even though his retirement on superannuation is knocking at the doors. But, while continuing at Sambalpur, he is dragged back to Cuttack to undertake a judicial lobby for the illegal occupiers of The Samaja using his personal relationship with a senior Judge.

According to confidential sources, he is assured of editorship of the paper if he succeeds in this secret mission.

Another Executive Editor Dr. Pramod Mohapatra, to his shock and everybody’s astonishment, has been subjected to humiliation by being drafted to sell books in the book fares.

They have even transferred the President of the Association, Sub-Editor Devi Prasanna Nayak to Kolkata by a back-dated letter, suggesting that his services were essentially required there; but have put him under suspension immediately thereafter on cooked up grounds.

One Bhimasen Jadav, suspended from SoPS for his illegalities, proclaiming himself as the chairman of the Samaja Board of Management wanted all employees to meet him in the evening of July 2, 2012. Sri Nayak being the President of the Trade Union of the employees had wanted to know if the known office bearers of the SoPS have handed over charges to him and his group and if he and his group have taken over the charges. This query irritated Sri Jadav and his group. As it was earlier known to everybody that Sri Jadav was suspended and removed, the employees thought it prudent to wait for any instruction from the known authority of SoPS, Vice-President Sri K.C.Tripathi, who, to everybody’s knowledge was functioning as Officiating President on being delegated with the functions.

Sri Tripathi in his Order dated 3 July 2012 addressed to all the employees, made it clear that, “No such Board of Management is in existence for Samaja”. And in the same order, Sri Tripathi called all employees to a meeting at 3 PM the same day in Gopabandhu Bhawan and advised all employees to remain present. Accordingly all employees had gone to the meeting and had taken his orders, that, no employee should obey any instruction of Jadav and his group.

After Sri Tripathi’s meeting was over, which all the employees had attended, S.C.Mantry, General Manager, issued an order of transfer of Sri Nayak from Cuttack to Kolkata in the guise of “exigencies of work” which was back dated 2nd July 2012. And, simultaneously, on the same day, i.e. 3rd July 2012, Sri Nayak was put under suspension “pending framing of formal charges” fixing his headqrs at Kolkata. On coming to know of this, the Officiating President of SoPS, Sri K.C.Tripathi cancelled all these orders by his order dated 3rd July 2012 and asked Mantry to go on leave.

Even as Sri Nayak had given a preliminary reply to the GM in his letter dated 25 July 2012, the Association in its communication No. 16/GS/12 dated 15.8.2012 besought Sri Tripathi’s opinion on the issue, as he was the known authority of SoPS.

Sri Tripathi, in his order dated August 20, 2012 directed the employees to “ignore” any order/instruction received from persons like S.C.Mantry/ Bhimsen Jadav/ Niranjan Rath/Manubhai Patel and any other posing as any manager or functionary of SoPS, as they are unauthorized persons.

The unauthorized persons have not yet been able to establish their legitimacy in the Court where Sri Tripathi’s case against them is pending. And hence, they have not created any legitimate environment for the Trade Union/employees to accept them as legitimate authorities to issue orders/instructions.

On the other hand, these unauthorized persons through hired hands as security personnel have obstructed Sri Nayak’s entry into his legitimate workplace in Gopabandhu Bhawan, Cuttack.

Worried because of such tactics of enforced idleness clamped on Sri Nayak, the Association moved the Labor law implementation authorities on 25.8.2012 vide their letter No. 19/GS/12 for intervention. The District Labor Officer, Cuttack in his order No. 4305 dated 31.8.2012, in forwarding a copy of the petition of the Employees Association, asked for the views of employer within seven days.

The General Manager who received the notice from the DLO is the same Sri Mantry who continues to keep the office of The Samaja in capture in blatant disobedience to the orders of the legitimate authority of SoPS, Sri K.C.Tripathy. In such circumstances, the DLO’s letter was perhaps suppressed from the employer and then the illegitimate occupiers of the Samaja appointed a man called C. R. Dash as enquiry officer to add a color of legality to the illegal orders issued by the name of the employer.

Sri Nayak attracted attention of the officiating President of SoPS to this and wanted his instruction in view of his order dated 20.8.2012. The officiating President of SoPS, Sri Tripathi, in his order dated 20.10.2012, informed that neither SoPS nor he has drawn any disciplinary proceeding against him as there was no allegation to draw up a disciplinary proceeding and also, there was no enquiry officer appointed. Hence he advised Sri Nayak to ignore the communication from the so-called enquiry officer.

Thus, without any legitimate authority, but in collusion with the illegitimate occupiers of The Samaja, Dash is holding the enquiry.

This Dash has, in collusion with the illegal occupiers of The Samaja, tarnished the public image of Sri Nayak through malicious advertisement in the Samaja dated 31. 10.2012 and is engaged in cultivating evidences against Sri Nayak, which is now clear from a complaint filed in Cantonment Police Station of Cuttack by an employee of the Samaja, who was forced by Dash to sign on dotted lines.

This complainant to Police is Machine man helper Sri Surendra Behera.

Behera, who works in the night, was summoned to the Office of the Samaja at about the noon on 3. 12.2012 by an assistant manager HR under a false plea of rectification of tax anomalies. After he reached the office, he was taken to the enquiry officer who forced him to receive a backdated summon to attend his court. The so-called enquiry officer then forced him to corroborate allegations against Sri Nayak which he refused. Then, under intimidation, he was asked to wait in the room to sign whatever dictation the enquiry officer was giving to a typist. Sri Behera refused to comply with this illegal order and reported the matter to Cantonment P.S., Cuttack, immediately thereafter on the same 3rd December 2012. The Police are yet to act.

Thus it is clear that the harassers of Nayak are cooking up a domestic enquiry to harass him further. The matter has been reported by the Secretary of the Employees Association to the District Labor Officer.

But the Labor Officer is yet to wake up, as is the Labor Commissioner in the matter of contravention of the Industrial Employment (Standing Orders ) Act, 1946 by the management of The Samaja.

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