Union Minister pressurized for illegal transfer
RTI saves the CCL officer, HC notice to Minister Subhodh Kant Sahay

By Vishnu Rajgadia

Once again an historical victory for the Right to Information Act
(RTI). Earlier, it was impossible to check misuse of power by VIPs.
But the RTI has made it very simple. You can expose any misuse of
power by paying merely ten rupees.

In Ranchi, Jharkhand, Union Minister of State, Food and Processing,
Subodh Kant Sahay, had misused his power to get a CCL officer
transferred. This has been exposed through the RTI. Based on the
information, Jharkhand High Court has stayed the transfer. The court
has also issued notice to the Minister Sahay to explain his role in
this illegal manner of transfer.

Hitesh Verma is an Executive in E-IV grade in a public sector company
Coal India Limited (CIL). He was posted in its subsidiary company CCL
(Central Coalfields Limited) at Ranchi as Deputy Sales Manager. In
October 2006, he was transferred to NEC, Assam. He was well aware that
the Union Minister has misused his power to harass him. But thanks to
RTI, his mother Smt Saroj Bala Verma, Reader, Ranchi Womens' College,
filed an application for seeking 22 points reply related to the
transfer. She demanded to have provided the latest transfer policy of
Coal India. She also sought information on why and on whose insistence
her son was transferred. She also asked whether any other officer
working in her son's grade had also been transferred to NEC,
Margheritta, Assam from CCL or any other subsidiary of CIL or vice
versa since the transfer policy was made effective in CIL.

In its reply, Coal India admitted that the transfer was based on
reference from a VIP.

The reply also furnished information that the transfer policy was
effective since 1.4.2002 and since then no other officer in Hitesh's
grade had ever been transferred to NEC from other subsidiaries of CIL
or vice versa except her son Hitesh Varma. But Coal India was silent
on the name of the VIP. The Mother sent a letter to the PM requesting
to provide the name of the VIP. The PMO ordered the ministry of coal
to provide the requisite information. Ultimately, the Ministry of Coal
disclosed the name of the VIP as Union Minister of State for Food
Processing Industries - Subodh Kant Sahay. It was also revealed that
the reference was transferring Hitesh specifically to NEC, Assam.
There was no reason for seeking this transfer and the Coal India had
no administrative ground for such action. It was clear that the
minister had wanted Verma transferred because of personal reasons. It
was further clear that the transfer order violates CIL rules. The
information had also clearly revealed that CIL had not transferred any
of its officers in E4 grade, to which he belongs, to the Assam or
vice-versa in the past five years. Therefore, the transfer of Hitesh
Verma was malafide.

Based on this information, Hihesh Verma moved to Jharkhand High Court.
The Court of Justice RK Merathia passed the order on August 30, 2007
to stay the transfer order and to withdraw the relieving order.

The court also issued a notice to the Minister for Food Processing,
Subodh Kant Sahay, seeking an explanation over the transfer.

Why did the minister misuse his power?

This is a tragic family drama like story. Mr. Sahay is a Member of
Parliament from Ranchi. His niece Sanjana was married with the
officer, Hitesh Verma in 1993. They enjoyed a happily married life for
12 years, had two lovely and intelligent children, Avaneesh (aged 12)
and Aishani (aged 6). But a sad incident collapsed everything. Due to
illness, Sanjana died on October 13, 2004 in spite of the best
possible treatment (due to `Interstitial Lung Disease' and `Pnuemonia'
– incidentally due to which the Bihar CM has sadly recently lost his
wife too). But Hitesh's sorrows were far from over. His in-laws lodged
a case of torture for dowry (after 12 years) and MURDER! He was put
behind bars from October 2004 to December 2005. He was also suspended
from CCL during his jail period. After getting bail, he also got his
suspension revoked and he rejoined service. But in October 2006, he
was transferred to Assam due to the Minister's pressure.

Thanks to RTI, Hitesh Verma has found his feet back and is a fan of
the Right To Information Act.





(Vishnu Rajgadia, Resident Editor, Prabhat Khabar, Kola Kusama,
Govindpur Road, Dhanbad (Jharkhand)