Sunday, September 16, 2012

Firoz.T.Totanawala The Bangalore Metro Reporter CASTE FOR GAINS! RANGARAM NAIK OF KRIDL CLIMBS THE LADDER THROUGH BOGUS ST CERTIFICATE!

By Firoz.T.Totanawala

The Bangalore Metro Reporter


CASTE FOR GAINS! 

RANGARAM NAIK OF KRIDL CLIMBS THE LADDER THROUGH BOGUS ST CERTIFICATE! 

 Rangaram Naik, the In charge Joint Director in Mysore Zone of the Karnataka Rural Infrastructure Development Limited (earlier Karnataka Land Army Corporation) stands as the shining example for the continued exploitation of the SC/STs. Rangaram, who belonged to the ‘Parivar’ caste, a backward tribe, got the job in KLAC in 1984. His service records show his entry as belonging to Backward Tribe, but later this was rounded off and an entry was made showing him as belonging to ST by stating that he belonged to Nayak Caste. The CRE Cell which probed the matter has reported that Rangaram had obtained bogus ST certificate. The Tahsildar cancelled the bogus ST certificate in 2009 and within six months; the same Tahsildar restored his bogus ST Certificate after holding a stage managed probe.... Rangaram Naik is a native of Haradanahalli in Chamarajnagar Taluk in Mysore District. Chamarajanagar is a district now. He belonged to Parivar Caste, which is classified as Backward Tribe. After completion of his engineering, Rangaram got appointed as TFC in KLAC (Karnataka Land Army Corporation) on daily wage basis in 1984. Interestingly, in 1987, his appointment on daily wages was regularised as TFC, but, was not made on the basis of reservation or roaster. After his daily wage appointment was regularised, Rangaram had submitted the ST certificate in 1984 stating that he belonged to Scheduled Tribe and that his caste was Nayaka. Interestingly his close relative R.Puttaswamy who also worked in KLAC as a watchman had given his caste as ‘Parivar’! 

 In 1987, most of the daily wagers were regularized, but, the corporation had not verified the caste certificate while regularising the daily wagers. Once regularised as TFC, Rangaram started making use of his bogus ST Certificate and staked the claim for promotion as Assistant Director under roaster system. In 1989, he was promoted as Asst Director and using the same bogus ST Certificate, he got another promotion as Deputy Director in 1992. Since 2006, he is functioning as the In Charge JD for Mysore Zone. 

 Even assuming that Rangaram indeed belong to Nayak Caste, one can not overlook the fact that the Nayak Caste was not classified as ST by 1984. It is a fact that the state government had recommended to the central government to treat Parivara Community in addition to others, as synonym of Nayak which was a ST. In 1986, the state government in its order with reference to the above clarified that the government of India’s decision is awaited. This implies that Rangaram was not eligible to obtain ST Certificate by proclaiming that he belonged to Nayak community in 1984. Then, how he could submit a ST Certificate in 1984 to effect that he belonged to Nayak Caste which is classified as ST? 

 Interestingly, the central government amended the constitution and brought ‘Nayak, Nayak Beda, Bedar, and Valmiki Communities under ST Tag. Remember that ‘Parivar’ caste was not included in the ST category and continued under Backward Tribes list. In the 1994 order also, the government continued Parivar in Backward Tribe List. Even the Nayak - Nayak etc. communities were brought under ST in 1991. As such Rangaram could not claim ST tag in 1984 and could not take benefit from the ST Certificate and the subsequent roaster to get promotion as AD and DD in a matter of three years. 

 Arguably, Rangaram’s bogus ST Certificate has not gone unchallenged and many petitions and complaints were made against his bogus ST. Many dalit organisations, legislators have complained to the KLAC. In 2004 itself, the KLAC Engineers Association had officially complained that by getting a bogus ST Certificate, Rangaram has cheated the genuine ST Officers in getting their due benefits. But allegedly, Rangaram has expertise in managing the top brass and they continued to ignore numerous complaints. 

 Finally, in 2005, the top brass were forced to refer the Rangaram case to the Civil Rights Enforcement Directorate. The CRE after probing the complaint concluded that Rangaram has procured bogus ST certificate. In its letter to the KLAC dated 13.10.2008, the Dy. SP of the CRE, Mysore stated that Rangaram does not belong to ST category and that he has obtained promotions through bogus ST certificate. The letter also states that he has obtained the ST certificate in 1984 and his community was brought under ST from 1991 only. The letter also makes it clear that as per the government notification in 2007, in the case of Rangaram’s case, neither the District Caste Verification Committee nor the Appellate Authority can take any final decision. 

 The CRE directed KLAC to get the bogus ST Certificate cancelled through competent authority and file a criminal case against him under Prevention of Atrocities against SC/ST and dismiss him from service. The then MD of KLAC allegedly kept the CRE letter under wraps for long and finally referred the matter to the concerned for cancellation of the bogus ST Certificate. 

 On 2.2.2009, the Tahsildar of Chamarajanagar Taluk issued an order cancelling Rangaram’s bogus ST Certificate. The Tahsildar also directed him to surrender the bogus certificate within seven days and also notified proceedings for having obtained benefits from government through bogus ST certificate. 

 But Rangaram fought back. He filed a Writ Petition in the High Court (WP No.5376/2009) against Tahsildar’s orders and proposed proceedings against him by the KLAC. The High Court on 25.3.2009 quashed the Tahsildar’s cancellation orders on the ground that sufficient opportunity was not given to Rangaram. In fact, the High Court remitted the matter back to the Chamarajanagar Tahsildar and directed him to conduct the probe after giving sufficient opportunity to Rangaram to plead his case. The HC also directed Rangaram to pay Rs.2500 to the HC legal Service Committee within two weeks and in default the HC Order will lease.

 Then, armed with the HC order in addition to alleged political and money power, Rangaram approached the Tahsildar. The Tahsildar taken away by his clout simply conducted a stage managed Mahazar and withdrew the cancellation orders of the previous Tahsildar. On 20.8.2009, the Chamarajnagar Tahsildar issued an order accepting Rangaram as belonging to Nayak which is ST! 

 One fails to understand the rationale behind Tahsildar’s ignoring the school records while coming to the conclusion. In fact, the Tahsildar has mentioned in his reports that Rangaram’s school records clearly show that he belongs to ‘Parivar’ caste. But he does not base his conclusion on these records. Rather he proceeds to conduct the Mahazar at Haradanahalli of a couple of villagers and concludes that he belongs to Nayak caste. 

 Surprisingly, the Tahsildar had also based his conclusion on the basis of ST Certificates of Rangaram’s brothers and sisters and concluded that as all others have obtained the ST Certificate, Rangaram naturally deserves the ST Tag. And most importantly, the Tahsildar has missed an important fact in all these ST Certificates of Rangaram’s relatives. The fact is that all these brothers and sisters of Rangaram have obtained the ST Certificates on a same day that is 20.9.2007, except for his wife who obtained the certificate on 30.11.2007. They have no records of getting the ST Certificates prior to 2007. 

 Further, the Tahsildar had also relied on sale deeds pertaining to the property purchased by Rangaram in his father’s name registered in 1997 and 98 vide Doc. Nos.2324/97-98, 2325/0798, 2326/97-98, 2327/97-98 and 694/98-99. In all these documents, it is shown Puttanna Naik (father of Rangaram) belonging to Nayak caste. The Tahsildar relied on these documents to conclude that Rangaram indeed belong to ST! Had the Tahsildar probed the earlier transactions of Rangaram’s family members prior to 1984, the cat would be out of the bag. 

 What does this mean? The Tahsildar has deliberately avoided investigating the issue. And based on this ST Tag given by Tahsildar, Rangaram has now staked his claim to the regular JD and consequential benefits including seniority. In that event, Rangaram will become a General Manager. It is time; the CRE should conduct a probe not only into the Rangaram episode but also the role played by the Chamarajnagar Tahsildar.

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