CASE BRIEF Satyendra Dubey, an IIT civil engineer, was the Project

Director of National Highway Authority of India (NHAI).

Golden Quadrilateral Project – the US$ 12 billion project was to build a 6000 km highway network linking India’s four major cities. It was the dream project of the then PM of India, Shri Atal Bihari Vajpayee and was launched in the year 1999.

Dubey wrote a letter to the PMO citing the various corruptions that were on going in the GQ project.

As a whistle blower, his identity was not concealed and consequently he was murdered.

In November 2002, Satyendra Dubey sent a letter to the PMO detailing systemic corruption in the National Highway Authority of India. He named four contractors and gave details of their misdeeds. In order to protect himself, he also made a special request that his name be kept secret when the PMO investigated the matter.

Satyendra's name was not protected and the file containing his complaint was circulated to various offices. This was like issuing a public contract for his life.

A year later, on 27, November 2003, Satyendra was murdered in Gaya, the town where he lived and worked for NHAI.

SEQUENCE OF EVENTS THAT LED TO THE MURDER OF S.K.DUBEY

News reports about Satyendra's murder stirred the nation and unleashed a storm of outrage.

Within days the Prime Minister's Office and NHAI issued statements defending themselves and trivializing Satyendra's death.

On December 14th, 2003 , the case was handed over to the CBI.

  By 26 th December, the CBI said that according to the evidence

given by rickshaw puller Pradeep Kumar, Satyendra had been killed when resisting thieves who were trying to rob him. Most people refused to believe this and the CBI's explanation further intensified the public outrage. 

Continued…

In mid-January, 2004 key witness, Pradeep Kumar, "disappeared".

Two other witnesses, who were interrogated by the CBI in this case, allegedly committed suicide within a day in the end of January.

There was no investigation of these murky happenings or the CBI's role in these suspicious deaths. After keeping quiet for about six months, the CBI again repeated the earlier story in June 2004.

There has been no public investigation of the alleged corruption within the NHAI and thus no attempt to set things right.

Continued…

Detail Project Reports (DPR) by design consultants are in ‘‘very poor shape and cannot be implemented in the field without major modifications...The result is that the DPRs on the basis of which tenders have been called are like garbage.’’

Process of procurement ‘‘completely manipulated and hijacked’’ by the big contractors. Many contractors are ‘‘submitting forged documents to justify their technical and financial capabilities.’’

The ‘‘big contractors have been able to get all sorts of help from the officials in NHAI and even the note sheets carrying approval of Chairman have been leaked outside.’’

SATYENDRA DUBEY’S KEY COMPLAINTS IN THE LETTER

NHAI officials have shown great hurry in giving ‘‘mobilisation advance to selected contractors... No surprise as the commission to officials for award of work are linked to the contractors getting their first mobilisation advance.’’

The entire mobilisation advance of 10% of contract value (which goes up to Rs 40 crore in certain cases) has been paid to the contractors ‘‘within a few weeks of award of work’’ without follow-up to ensure they are ‘‘actually mobilised at site with the same pace.’’

Continued…

‘‘Diversion or idling of funds... in case of equipment advances to the contractors, another 10 per cent of the contract value.’’

NHAI is going for international competitive bidding to procure the most competent civil contractor for execution of its projects. When it comes to the actual execution, it is found that most of the works (sometimes even upto 100 per cent) are being sublet or sub-contracted to small petty contractors who are not at all capable to execute such projects and ensure the quality of construction

Continued…

Bihar DGP D P Ojha: ‘‘The criminalisation of contractors is an unfortunate but true fact...Most of the contracts go to the mafia. I am shocked to hear how an honest man died. I will take personal interest and ensure that we book the culprits.’’

Dubey’s Boss Union Minister B C Khanduri: ‘‘I’m not aware of the letter.’’ When told that Dubey’s letter shows his initials, he said: ‘‘I can’t recall it. The NHAI chairman has been asked to compile all letters.’’ Asked why Dubey’s request for secrecy was ignored, Khanduri said: ‘‘It’s neither possible nor appropriate for me to comment. I have talked to his brother and the Bihar Chief Minister.’’

PMO spokesman: ‘‘Numerous letters come in everyday and it is very difficult to trace each and every letter. If you have a copy and send it to me, I can then find out.’’

 

ALL THAT THE GOVERNMENT SAYS

Whistle Blower…

The Actual Reward!!!

the proposed law -The Public Interest Disclosure (Protection of Informers) Bill, 2009 was prepared by the department of personnel and training (DoPT). As per the draft law, any person can make a complaint of corruption or disclosure against any central government employee or central government-backed institution to the CVC. The CVC, which would be designated as the competent authority for complaints, would have the powers of a civil court, including powers to summon anybody, order police investigation and

provide security to the whistleblower.

Law to protect Whistleblower

People like Satyendra nath dubey could have been saved

Several definitions of public corruption exist. World Bank's description of it as “abuse of public office for private gain” is a popular one.

Why this law in needed?

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Mumbai: In a shocking incident, Additional District Collector of Nashik, Yashwant Sonawane, was burnt alive on 25th january’11 for cracking down on the oil mafia operating in the vicinity of Panewadi oil depot near Manmad town, 75 kilometres from the district headquarters.

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