Wednesday, August 22, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter THE CORRUPT PROTEST! DEFENDING THE CORRUPT ENGINEERS! IS BMTF PROCEEDINGS AGAINST VIOLATION, AN OFFENSE?

By Firoz.T.Totanawala

The Bangalore Metro Reporter


THE CORRUPT PROTEST!                

DEFENDING THE CORRUPT ENGINEERS!  IS BMTF PROCEEDINGS AGAINST VIOLATION, AN OFFENSE?

For three days, the BBMP engineers held Bangaloreans to ransom protesting against the BMTF action in filing criminal complaints against 150 engineers for allowing illegal buildings, encroachment and other omissions including bogus and sub standard works. The situation became worse with the Poura Karmikas joining the protest. Consequently, the Garden City became Garbage City with thousands of tonnes of garbage on the roads. The engineers want the BMTF disbanded and withdrawal of all FIRs filed against them. It implies that the engineers do not want their illegal actions to be probed, let alone, punished.... 

The Bangalore Metropolitan Task Force headed by a senior police official was formed to prevent unauthorised constructions, encroachment of lands, probing complaints against officials for all their omissions and commissions in and around Bangalore. The BMTF is similar to the police wing of the Lokayukta. Many times, the BBMP Commissioner has referred few scams in BBMP for BMTF investigation. 

 Very recently, the BMTF probed some more scams which were on a massive scale where engineers were neck deep involved. It is an open secret that the corporators and MLAs are making the engineers to dance to their tunes. They force the engineers to look the other way when illegal constructions are taking place or to prepare the bill for works, not done physically. They also make engineers take action against their adversaries. The engineers prepare inflated bills, bogus bills or allow substandard works at the bidding of the MLAs/Corporators. 

 Allegedly, the engineers do get handsome returns for this job. It is they who collect the ‘money’ from violators and share it with Corporators. Anybody can do any damn violations or allow encroachments and go scot free by paying the ‘demanded’ money to the engineers who also collect money on behalf of the corporators. In turn, the MLAs/Corporators provide protection to the engineers in times of need. 

 It is an open secret that many of the engineers have come to BBMP on deputation from PWD and stay put in BBMP for a couple of years, make few crores and go out of BBMP to another post in another department. They do not get punished as the probes on works, do not indict them for the single reason that the probes were never impartial. Those engineers who are regular employees in BBMP have allegedly become highly powerful so much so that they dictate terms to the MLAs/Corporators. Some have even financed the elections of MLAs/Corporators. 

 But this time, the tables are turned against them with the BMTF taking up the investigations seriously, particularly after the fire incident at BBMP office. As expected the public also flooded the BMTF with complaints of large scale violations by the engineers. As the investigations progressed, the BMTF got foolproof evidences against the engineers and filed FIRs in the courts. It filed FIRs against more than 150 engineers. In fact, this is a sort of world record. In the earlier probe of Rs. 1500 crore works scams, the BMTF had filed FIRs against 30 engineers and some of them were also arrested. Interestingly, the BMTF need not have to go to the jurisdictional police stations to file complaints as the government has notified the BMTF as a police station for such purposes. 

 The FIRs against 150 engineers sent shock waves among the hundreds of engineers in BBMP. If the investigation is completed, one can be sure of another 100-150 engineers queuing up before the court to obtain bail. That is why the engineers have started the protest demanding withdrawal of FIRs. They met the BBMP Commissioner Shankaralinge Gowda and demanded restraining the BMTF from proceeding with the investigations. They wanted him to instruct the BMTF Chief Sharma to drop further investigations. Their defense, they might have done many omissions and commissions but they were done at the behest of the Corporators/MLAs. They want the BMTF to follow usual procedure adopted for taking action against the government servants like issue of show cause notice, getting their reply, appointing enquiry officer to conduct the enquiry as per the KCSR and take follow up action based on the findings of the enquiry. 

 One does not understand the rationale behind this demand. For omissions and commissions like misconduct, misappropriations etc. the departmental enquiry will be held. But in the present case, the BMTF has investigated the complaints and established prima facie case. As the offences are criminal in nature, the next logical step would be to file the FIR and proceed with prosecution. 

 In fact, the enquiry by the BMTF is a police enquiry and it is a common sense that like in any police cases, FIR has to be lodged. And after a thorough investigation, the BMTF can file charge sheet or B report depending on the outcome of the probe. As the BMTF is designated as a police Station, it cannot adopt any different method. At the maximum, the engineers can demand the BMTF to probe the cases without arresting them. Here too, it is the courts to decide the matter. It is a must for the accused engineers to get bail from the court. There is no other way. 

 The engineers have also demand that the BMTF should work under the control of the Commissioner. This is just a wishful thinking. The BMTF is an independent body with additional DGP as its head. The engineers want the post to be downgraded to IGP level so that the Commissioner can control the BMTF. Earlier also, there was a controversy over the control over the BMTF. The BMTF Chief is under the HUD and not under BBMP. 

 True, one cannot say that there are no merits in the demands of the engineers. They too have genuine grievances like dictation by the MLAs and Corporators. They have to work under the pressure of various lobbies like Tar lobby, contractor lobby, builder lobby etc. who are very powerful and have links with the highest order. The engineers in the absence of proper protection are always at the mercy of the politicians and lobbies. It is because of these compulsions, no honest engineer can work in BBMP. He will not be allowed to work honestly. At the same time, it is true that scores of engineers in connivance with political bosses and contractors have minted millions. Unless an atmosphere is created where an engineer can work honestly and without fear, nothing can improve the affairs in BBMP. 

 Whatsoever, the protests by engineers cannot be justified. Let them face the enquiry and court and come out with the truth which may help in cleansing the BBMP of looters. It will also become a warning to the prospective looters also. If they think that taking action against violations is an offence, they are mistaken as the law of the land is entirely different and they cannot have their own law or rules for game. And the engineers should realise this, the sooner, the better for them. That is all.

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