legal opinion of Shri P.Srinivasu

4 years ago

Sir,
I, Penumlla Srinivasu, Superintending Engineer (Elect), of the Deendayal Port Trust. One Contractor M/s. Rajdeep Electricals Pvt Limited was debarred for 3 years by competent Authority for non-performance of terms & conditions of the Annual Maintenance Contract based on my recommendations. As a matter of revenge, he fabricated a false complaint against me with the ACB Gandhidham. Consequently, my house was searched by ACB on 16/11/2016. Nothing objectionable was found. However, I was arrested and in turn I was placed under suspension on 17/11/2016. My suspension was unreasonably prolonged for more than two years. Therefore, I submitted SCA No. 11091/2017 to the Hon’ble High court of Gujarat for revocation of my suspension as order of extension of revocation was communicated to me after 90 days. However, the Port Administration submitted a false affidavit and based on which Hon’ble high court passed order against me. Therefore, I filed LPA 527/2018 in Hon’ble high court of Gujarat. This was also mentioned in the petition to the Hon’ble high court in the SCA as well as the LPA that my suspension was unreasonably long and in violation of the ruling /direction given by the Hon’ble Supreme Court in Ajay Kumar Chowdhury Vs Union of India Civil Appeal No. 1912 of 2015 dated 16/02/2015. My case was scheduled for hearing on 13/03/2029, but the administration revoked my suspension on 12/03/2019 one day earlier and then the appeal was withdrawn by my counsel.
As on today, neither disciplinary action has been initiated nor ACB has filed Charge Sheet. However, my future prospects are getting adversely affecting. My name is not being considered for selection to the higher posts. In case of Selection of Dy. Chief Mechanical Engineer in the Deendayal Port Trust, my name was just not placed for consideration. In another case of selection of the post of the Materials manager in the Visakhapatnam Port Trust my name was considered but I was not selected even though I was the senior most. My application for selection to the post of Dy. C M E in the Cochin port trust is submitted to the Cochin. However, with this stigma, I may not get that opportunity to be considered/selected. The issue is that my juniors are getting selected and are superseding me.
Sir, I am not getting any opportunity to prove my innocence and forced to live stigma and with the defamation for last 32 months for sake of non submission of Charge-Sheet by the ACB.
Please advise about for legal remedy available to me at this stage.