Ma nishada

Mega cover up of authorities of Kerala---Filing of document before judicial authority on behalf of the chief secretary of Kerala Sri EK Bharath Bhushan with his fake signature to scuttle an issue of national importance in the court,to safeguard the name and fame of powerful politicians. I am forwarding the following attachments shedding light on the murky deals of manipulations and chicaneries committed by the authorities of Kerala. In this saga of dirt and skulduggery, Sri E K Bharath Bhushan, the Chief Secretary of Kerala is calm and composed after learning that his signature is faked by the evil forces of the state secretariat with the blessings of political leaders, in order to appease the political masters and ensure the gift of some coveted retirement assignment because of his shocking complicity in this colossal fraud. The whole affairs mock at the concept of rule of law and good governance, the cherished goals of our constitutional democracy. Civilised and brave new world considers that popular anarchy with the abetment of a few evil bureaucrats and powerful media is not a substitute for democracy.

MEMORANDUM TO HER EXCELLENCY THE GOVERNER OF KERALA

N.Krishna Prasad

(Retd. Joint Secretary to Govt &

Fmr. Convenor of Secretariat Aikya Vedi)

TC.29/97,GangaGardens,M.K.K. Nair Road,

Pettah, Thiruvananthapuram, Kerala

Website : www.manishada.com

E-mail : prasadblue56@gmail.com

Mob:9446848821

HER EXCELLENCY THE GOVERNOR OF KERALA SMT.SHEILA DIKSHIT

Raj Bhavan,Thiruvananthapuram,Kerala.

Most Honoured Authority of Kerala,

Sub: Breakdown of Constitutional Governance in the State of Kerala during the process of Parliamentary election- Removal of Sri E.K. Bharath Bhushan from the post of Chief Secretary –reg

Ref: 1) My Representation dated 17-09-20013 addressed to the Former His ExcellencyThe Governor of Kerala Sri Nikhil Kumar.

2) Letter No GS4-2002/2013 dated 30-09-2013 from the Secretary to Governor of Kerala addressed to me.

3) Copy of my Representation dated 10-01-2014 addressed to Sri E.K. Bharath Bhushan the Chief Secretary of Kerala, on the same day forwarded to Raj Bhavan of Kerala.

4) Letter No GS4-157/2014 dated 28-01-2014 from the Secretary to Governor of Kerala addressed to me.

With profound sense of shock and awe I submit to your Excellency, a matter that almost has led to the breakdown of Constitutional Governance of this state of Kerala a federal unit in the Constitutional scheme of -Bharath- our great motherland. I as a citizen, make this representation to your Excellency with full faith and belief that your authority would acknowledge and recognise that people of Kerala are also eligible for Constitutional Governance, and also the preambular contemplation of dignity to individuals, in the mother document of our nation- our Constitution.

As a person committed to his aspiration for rule of law and good governance, I have brought to the attention of the authorities who are duty bound to defend the Constitution and laws of our nation, whenever very serious and glaring instances of aberration in the governance of my state are noticed. It was due to the dedication of the employees of Secretariat in which I had a humble role that led to the adoption of the oath of office of the Ministers of Kerala prescribed in Schedule III of Indian Constitution, by your office on 31-08 2004 while Sri Oomen Chandy the present Chief Minister of Kerala, assumed office in his first avatar. .Even though your office was responsible for administering an oath of office to the minister-designates of Kerala for many years, binding them to rule the people ‘without love’ instead of ‘without favour’, as admitted by government in court, no apology was tendered by anyone either to the people of Kerala or to the Nation for this colossal aberration, so far unheard in the political history of human race. This would have enhanced the prestige and status of office of Your Excellency and also the dignity of the present and future generations of people of state of Kerala.

The present instances of aberration of gigantic nature were reported by me promptly to your high office as per references 1 and 3 cited and office of your Excellency had forwarded these matters to the Chief Secretary for appropriate action. The first matter of criminal aberration was filing of a forged document by an officer of Finance Department of Kerala before the Hon’ble Kerala Administrative Tribunal in the name of the Comptroller &Auditor General of India without any authorisation of this Constitutional authority. The second aberration was filing of a document before this Tribunal by the same officer at the instance of some very power authority, with the forged signature of the Chief Secretary.( A copy of the leaflet on the forged signature of the Chief Secretary of Kerala is enclosed)

Only Executive authorities of a banana Republic will hoodwink and ridicule judicial authorities in this manner. Even after almost two months since a direction was given on behalf of your Excellency no action has so far been taken by the Chief Secretary on this matter of serious moral transgressions committed by the authorities of Government. The defiance of the direction of your Excellency is unbecoming on the part of an All India Service Officer howsoever he is senior in the hierarchy in the bureaucratic set up and ,it smacks of outright arrogance and hubris. The inaction of him on these two very serious and despicable acts of forgeries also cast a shadow of doubt on his complicity in these acts, warranting disciplinary action as contemplated in All India Service Rules. It is a fact that no person of right sense and sensibility will tolerate marking of his signature by someone else. It is also difficult to believe that the present Govt led by Sri Oomen Chandy is not allowing him to mark his signatures in official documents. Anyhow, the issue at stake in this representation is whether an All India Service Officer who is incompetent to secure the legal character and validity of his Signature can continue in office that too in this politically very sensitive period of parliamentary election of our country. Due to this painful fact, the redundant and absurd continuation of Sri E.K. Bharath Bhushan as Chief Secretary of Kerala is shameful even to those citizens of India who are convicted and put behind bars in various jails of Kerala, let alone those death convicts waiting for gallows, after rejecting their mercy petitions by the office of your Excellency.

In the circumstances, I, as a citizen of India having abiding faith in the rule of law, solicit your Excellency to advise the Chief Minister of Kerala Sri Oomen Chandy to remove Sri E.K. Bharath Bhushan from the post of Chief Secretary of Kerala for public interest, and post some other competent person, who is truly bhushan to bharath and Kerala , from All India Service as per rules, in his place. It is apprehended by me that any delay in removing this officer who disregards rule of law that too by allowing some other person to mark his signature, will vitiate the process of Parliamentary election now going on in this state.

Dated the 3^rd day of April 2014

Yours faithfully

N. KrishnaPrasad

N.Krishna Prasad

(Retd. Joint Secretary to Govt &

fmr. Convenor of Secretariat Aikya Vedi)

TC. 29/97, Ganga Gardens

M.K.K. Nair Road, Pettah

Thiruvananthapuram, Kerala

Website : www.manishada.com

E-mail : prasadblue56@gmail.com

Mob:9446848821

Sri. E.K. Bharath Bhushan

Chief Secretary to Govt of Kerala

Thiruvananthapuram.

Respected Sir,

Sub : Impersonation and marking of fake signature of Sri E.K.Bharath Bhushan, Chief Secretary of Kerala. Assault on the honour & integrity of the office of Chief Secretary – redressal of damage as per law-reg.

Ref : 1) Letter No GS4-2002/2013 dated 30-09-2013 from the Secretary to Governor of Kerala addressed to me (copy enclosed).

2) Letter No108511/Infor3/2013/Fin dated21-12-2013 from Sri George John, Additional Secretary (Fin) to the State Information commission of Kerala

With deep sense of pain and anguish I submit this complaint to you on a matter impacting the very honour and integrity of your office, due to the most reprehensible act of the authorities in the Finance Dept of Kerala who caused to produce a document in the Kerala Administrative Tribunal with your fake signature, with brazenness and arrogance unheard in the history of the Executive governance of this state.

Thanks to the letter from the Secretary to the Governor of Kerala1st cited, I hope you are aware of the most despicable act of the authorities of the Finance Dept of having caused to produce before the Hon’ble Administrative Tribunal a Counter affidavit for and on behalf of the Comptroller & Auditor General of India, claiming to have been authorised by him to do so, in a case filed by me (TA No 6587 of 2012),. This claim of authorisation was found to be false rendering the above said Counter affidavit a forged document. The culprits in this scandalous and unlawful conduct escaped unscathed from the rigours of law as the Hon’ble Administrative Tribunal took an extraordinarily lenient view in this matter and gave an opportunity to correct this wrong of forgery of gigantic form and dimension. It was this remarkable human spirit of patience and forgiveness of this hon’ble Tribunal, which may be considered as a tad inappropriate by some other judicial minds, that prompted the authorities of Finance Dept to commit an aggravated form of forgery of having caused to produce a document with the fake signature of you the Chief Secretary of Kerala before this Tribunal. It is a matter of shock and dismay that the Chief Secretary of Kerala Sri EK Bharath Bhushan is not allowed by Govt to preserve and protect his symbol of identity and intent-his signature- by allowing trusted subordinate officers of govt to fake his signature. This is blatant violation of dignity of you as a person and also the top most civil servant and the first representative of the state of Kerala. The second part of violation is serious as it compromises the status and authority and also dignity of chief secretary which is a matter of concern for the citizens of Kerala. If this patent and macroscopic forgery is glossed over, the evil forces of the state secretariat of Kerala may go to the extent of promulgating ordinances marking the signature of the Governor of Kerala. Incidentally, I feel, I am also bound to inform you a most saddening fact that an Additional Secretary of Finance Dept Sri George John ,the designated authority as per the Right to Information Act 2005, made a bizarrely senseless and misleading claim before the State Information Commission, as per the reference 2^nd cited, that a Joint Secretary of Finance Dept is competent to file counter affidavit before a judicial authority for and on behalf of Chief Secretary without his knowledge, approval of statement of facts and authorisation, in order to justify the acts of chicanaries committed in the above referred case.. Fortunately this officer has not claimed competency to these officers to mark the signature of the chief secretary of Kerala.

The aforesaid action of faking the signature of you in the document produced before the Hon’ble Tribunal was deliberate and done dishonestly and fraudulently with intention to subvert the course of justice. This is very evident from the fact that immediately when (4-10-2013) this gross misdemeanour of faking the signature came to the notice of me, an application was filed before this Tribunal with a copy to the authorities of Govt challenging the legal validity of this contentious document on this ground. But the authorities brazenly covered up this matter, instead of apologetically withdrawing this fake document, and thereby got favourable judgement delivered by the Tribunal, relying on this document with faked signature of you the 4^th Respondent in this case. This faking of signature, I apprehend, rendered your office irrelevant. Moreover, ignoring this colossal fraud may engender a wrong impression that the marking of your signature done by someone else was with your accord and consent.

The back- to- back conduct of forgery methodically committed in a case before the Administrative Tribunal, by the Finance Department is a testimony to the sad state of the rule of law in the state of Kerala, that renders the concept of justice and truth in our state, a pathetic travesty. According to Indian Penal Code -a Central Act- forgery is a serious crime also in Kerala and this state is incompetent to decriminalise it for its convenience. In the circumstances, as a person aggrieved by producing a document with faked signature of you the 1^st representative of the Government of Kerala, you the chief secretary of the Government, before a judicial authority, I humbly request you:

to request the Advocate General of Kerala to take necessary steps to nullify the judgement and order dated 8-10-2013 in TA No 6587 of 2012 before the Hon’ble Kerala Administrative Tribunal and reopen/revive the case as it is delivered relying on a document with your faked signature.

to initiate process of law against those who are guilty in having caused to produce a document with your faked signature before the Hon’ble Kerala Administrative Tribunal, and thereby safeguard the honour and integrity of the office of Chief Secretary.

I will be grateful to you if I am graced by your office with an early response on this very serious matter of rule of law and good governance of our state. I will be more grateful to you if I am given an opportunity to explain to you the whole matter in person.

Dated the 10^th day January 2014.

Yours faithfully

N.Krishnaprasad

Copy to:

The Secretary to the Governor of Kerala Raj Bhavan, Thiruvananthapuram.(Kindly bring this matter to the attention of His Excellency)

PS to Additional Chief Secretary, Finance Dept, Govt of Kerala, Thiruvananthapuram(Kindly bring this matter to the notice of ACS)

The Registrar, The Kerala Administrative Tribunal, Thiruvananthapuram.

The Comptroller & Auditor General of India, New Delhi.(with covering letter)

The Secretary, Ministry of Law & Justice, New Delhi.

The Secretary, Ministry of Personnel & Training, New Delhi.