Amiy Shukla
Advocate
c/o
Human Rights Law Network
576, Masjid Road
Tel: 24379857 email: amiy2906@gmail.com
11.09.2013
To,
1.
Prof.
D.P.Agrawal,
Chairman
,
Union
Public Service Commission,
Dholpur
House,
2.
Dr.
Syamal Kumar Sarkar,
Secretary
,
Department
of Personnel & Training,
North
Block,
3.
Shri
Bimal Julka,
Secretary
,
Ministry
of Information & Broadcasting
Shastri
Bhavan
Sub: In the Supreme Court of India, Civil Appeal 4387 of 2007 in the matter
of Association of UPSC Recruited
Programme Officers of AIR and DD Vs Union of India & Others.
Sirs,
I
write this letter in response to the letters written by Secretary, Ministry
of Information & Broadcasting
to you and other persons seeking to pressurise UPSC and DOP&;T to
revise the stand taken by UPSC and DOP&T as found in Secretary UPSC
Shri A. Bhattacharya’s affidavits dated 22nd March 2012 ,
the DOP&T advisory to the UPSC dated 6th March 2012 and the subsequent communication of UPSC
to the Ministry of I&B dated
20th March 2013 filed
before the Principal Bench of CAT, New Delhi in C.P. No. 217/2005 in O.A.No.399/2001.
In
this regard my colleague Adv Svetlana Correya had addressed a letter to you
dated 06.05.2013 bringing to your attention that the application filed in the
Supreme Court by the All India Radio and Doordarshan Programme Professional
Association on behalf of the staff artists, seeking to challenge the stand of
the UPSC and DOPT as stated in the abovementioned affidavits, was dismissed by
the Supreme Court as recent as 18.04.13. The legal notice dated 6.05.13
together with the order of the Supreme Court dated 18.04.13 is annexed with
this letter for your convenience.
Though
fully aware that the staff artists had failed to convince the Supreme
Court that the stand of the UPSC and
DOP&T as stated in the above mentioned affidavits/communications was wrong ,
the Secretary I&B is now
seeking to pressurise UPSC and
DOP&T to revise their stand in accordance with the above mentioned
application made by the erstwhile contractual staff artists in the Supreme
Court , which was dismissed. The Secretary I &B is attempting to interfere
with the Court proceedings even though he knows that the matter is fixed for
final hearing in the Supreme Court and is showing on the cause list. There is
thus deliberate and willful interference with the course of justice.
In
fact, in a companion matter being Union of India Vs Satish Chandra Mathur
(Civil Appeal No. 12801 of 1996 dated 1.5.2001), the Supreme Court has already
decided a matter similar to the present civil appeal No.4387/2007. Copy of the
decision of the Apex Court
The
pressurising attempts of the Secretary I&B and his persistence in acting
contrary to law will be brought to the notice of the Supreme Court when the
matter is finally argued shortly. The Chairperson , UPSC and the Secretary, DOPT are requested not to succumb to his
pressure and to act in accordance with their
above mentioned affidavits filed before the Hon’ble CAT Delhi, against
which applications were filed in the Supreme Court supported by I&B’s
stance in the matter and this
application has been dismissed. There is therefore no impediment to UPSC and
DOP& T acting strictly in accordance with the affidavits dated 19.1.2012,
Secretary UPSC’s affidavit dated 22.3.2012 with the DOP&T advisory to UPSC
dated 6.3.2012 and UPSC Communication dated 20.3.2013 above mentioned. Secretary UPSC’s affidavit
dated 22.3.2012 incorporating the DOP&T advisory to UPSC dated 6.3.2012 and
UPSC Communication dated 20.3.2013 are
annexed hereto.
Sincerely
Amiy Shukla
Encl: A/a
