15th August, 2014- An IITian, Gratification, Social Justice and Indian Judiciary

Complaint Date:

Company Name:

Dear Shri Narendra Modi ji
The below pasted expression of agony with few more enclosures were forwarded to your residence address on 11.08.2014, but till date having not received even an acknowledgement approaching your good self for your appropriate assistance to the IITian, who has patented technologies and number of innovative software and is an asset to the Nation.
Trust that your good self can take care of the talented Engineer by providing him an appropriate platform and required financing to set up a Pilot Plant, prototype of which he has already designed.

15th AUGUST, 2014

It was the year 2004,
When an IITian had a fatal blow
Of Dismissal from his Service
As he did not agree to oblige a corrupt fellow.

26th January, 2004 was the day,
While National Flag hoisting was on way,
IITian suddenly collapsed array
Diagnosed with Life Threatening and recurring ailment to stay.

He had the good luck to survive,
As an asset for the Nation,
Whom grew his parents with Indian Values
And a Jewel to every where glow.

He was working with a PSU,
Having Navratan status to say,
But, Alas! Is full of corruption
Having many corrupt officers to stay.

IITian needed him to be transferred,
To get his ailment far away,
Which required him a place for longer stay,
Where CTVS facilities are at bay.

GAIL kept him waiting for his transfer,
Till his leaves on account got finished,
As he did not have any other option to join his duties
At place where he used to work and debarred to stay.
As it did not have any hospital to treat his cause
No laboratory to monitor his blood INR, required to be tested each day.

Though, his Administrative Head per CMD reference,
Recommended IITian’s transfer at a place,
where he was being treated and could work with his intellect
With his family support and having full medical care.

His family received a gratification call
Which was totally ignored,
As the case for rehabilitation was a genuine one
Having favorable recommendations on record.

Ignoring recommendations of his Administrative Head,
The corrupt got the way,
And got IITian transferred mischievously
To the city, where he had already experienced the fray.

Though new place of posting was the city,
Where he got treated to stabilize,
But did not have the requisite diagnostic,
For which IITian was referred to Apollo Delhi, all the way.

Even the transfer was to damage his intellect,
Having no post or technical work of his caliber there,
As disclosed through noting of his New Office Head,
Who recommending his posting he was being treated where.

IITian having no intention to leave his job,
Joined his new office the same day exerting a lot,
But, had to go back to Delhi, his treating place,
Where his blood INR used to be monitored.

He represented his case to be posted there,
His medical treatment and INR being monitored where,
As the place of his new posting had
Neither work for his caliber nor the requisite medical care.

But, Alas! The gratification seekers had upper hand,
Served him a memo for extending leave on medical grounds,
And managed to charge IITian, Without given him any reply,
He was Charged with misconduct, undisciplined and what not
As he could not generate courage to perish and get to a rot
For decomposing his health and intellect both.

He replied back to charges explaining his life ailment
For which he was referred to the city he camped,
Compelling him to not leave till he was not cured
And putting him again to the same Death Trap,
After his deadly collapse, fortunate enough to be still on shore.

IITian did not get any reply to his explaining points,
But got initiated an enquiry against him on board,
All based upon only his absence from duty,
Ignoring his sudden collapse on duty and medical history on record,
Framing many false charges to hold.

IITian was treated like an absconder,
Rejecting all his leave applications as no more,
Ignoring provisions of Special Leaves, Extra Ordinary Leaves
And many other types of Leaves, which stands in GAIL India chores.

Proceedings of enquiry were planned in his transferred city,
Where no requisite diagnostic in emergency prevailed.

IITian replied back Enquiry Officer’s every letter,
refuting false charges leveled against him,
claiming him to be most disciplined and well behaved,
Having meritorious awards adorning him
And no earlier memos to claim.

He humbly requested for change of enquiry venue,
Or release his outstanding bills, as having no funds
Living and depending on parent’s finances only,
Who are supporting him for day to day medical care.

But, all of his justified pleas gone on deaf ears
Having hatched criminal conspiracy for dismissal to gear,
Recording false statements for IITian’s negative credentials,
To prove IITian un sincerity and misconduct every where.
With whom he never met or seen during his stay any where.

GAIL management created circumstances as such
IITian had to physically gave proceedings a miss,
Proving all false charges as per corrupts wish list,
And taking Ex-parte decision to Dismiss him from GAIL list.

The IITian requested review and appealed against his dismissal,
But corrupt lobby by then had become stronger enough
To rebuff the request for review and appeal
As corrupt got promoted, Used carriers for collecting grafts
Who so ever might have come in their net so far.

By that time RTI Act, 2005 was luckily had passed
Hence, requested GAIL to show the records,
As how the positive recommendations of his posting reversed,
After ignoring a call for Bribe, which was asked.

Public Information Officer of GAIL rejected the request
Quoting certain clauses of RTI Act,
which all were absurd as per the passed Act.
CIC was approached briefing all the facts,
CIC summoned GAIL and ordered him to immediately do the best.

The relevant files were presented revealing all the facts and figures,
As to how one particular GAIL officer did got the matter reversed,
Having CMD backing with HRD tag, how he instigated the rest,
Who looked for their own gains and harmed IITian to their best.

Finding no other way to wipe the Dismissal blot from IITian’s head,
Which he never wished and deserved in fact,
Empowering him as a Whistle Blower to fight against the corrupt
A writ petition was filed by him in November, 2007 itself.
Having all documentary proofs in hand,
He filed Rejoinder through his father’s hands.

Filed Rejoinder containing retrieved GAIL files documents only,
Revealing all facts as how IITian was humiliated and harassed.
GAIL not left any stone unturned to destabilize him unnerved,
Without caring for deterioration of his health to be worst,
Making him a financial crunch, while he needed funds much more.

Was it not an attempt to murder by keeping him most stressed?
As he was suffering with a life threatening ailment itself,
Serving his beloved Nation’s best interests using his intellect.

IITian could not find any job, as he never wanted to lie,
By hiding the blot of Dismissal from service from his file,
Which made him to loose all his employment rights.

To stabilize him and to keep his morale high,
His parents found the way to alight,
By Registering Private Limited Company naming him as Director like,
Keeping IITian busy in developing innovative software of his like.

Raising loan amount from banks and relatives,
A small office space was purchased
Which got renovated to give it like an office shape,
Where he could work independently to use his fertile mind and pace,
IITian developed innovative Technologies for industry use,
Which got Patented, but till date nothing got returned as pay.

Delhi High Court accepted the IITian’s writ in 2007
Scrutinizing it to hold all the way
And had 32 hearings in last Seven Years
Having heard by 12 revered judges to stay.

As IITian did not have any money to spend for advocate fee,
His father took charge to fight in court using his brainy skill,
Having known full case as suffered along with his ailing son
Was instrumental in taking care of IITian’s health
Extracting information from GAIL files to act,
For bringing Delhi High Court all the documentary facts.

IITian father pleaded bringing revered judges with all the facts,
Having nothing from IITian side but from GAIL files itself,
Except mentioning a telephone call for asking bribe,
Documentary evidences for which were also supplied,
Showing how the positive recommendations were sliced down
And IITian was humiliated and harassed for bringing him down.

Eleven revered judges processed writ in its right say
To get more information in submission through Affidavits way,
None of revered judges given any hint for dismissal of case,
Rather helped IITian to get Free Legal Aid,
Finding a legal flaw to rectify petition,
For pronouncing judgment in its correct way.

Final hearing held by the 12th revered judge,
Having eight numbers of sittings to hear the pleas,
Called IITian, the petitioner in person to appear in court
To ask him, what did he actually need.

IITian requested for his re-instatement
With seniority and back wages to be paid
As he had worked developing innovative software and Technologies,
After his collapse since 2004 and all the following years till date,
Which concerns Hydrocarbon industry, being useful for GAIL needs.

For all the Ten years of his dissociation,
He tirelessly worked through night and day
To develop such high tech. hydrocarbon softwares
Being bought in Crores from the foreign entrepreneurs.

But, offer came from GAIL Senior Advocate
To Re-instate the IITian on the same post and rank
At which he worked during 2004
And he would not get any back wages too,
As he had not worked there those days any more.

Being obvious to work in such junior capacity
Could not be of any one likes,
Where as he was from IITians cream
Having Self Respect and most fertile mind.

IITian prayed revered judge to get him compensated,
As he owes to pay Rupees Fifty Lakh to bank and relatives
Spent on his family livelihood during last ten years tanure.

Till seven sittings, revered judge shown positive signs
But eighth hearing was to pain.
Having seen GAIL Senior Advocate a cunning smile,
While entering in court room domain.

GAIL Advocate entered court room
Accompanying ten GAIL officer with a grin
As he was finally sure to win
Although having all false legal pleas with him.

Revered judge mentioned as petitioner missed the bus
By not physically attending enquiry as such
He did not realize his critical medical state to be treated
And having no finances in hand to travel and stay.

During enquiry IITian could have raised the point
Which IITian otherwise remained raising all the time
Since the day he was transferred and till 2006
That GAIL empanelled hospital was not fully equipped
To treat DVT/ PE ailment in acute emergency times.

By presenting him one of IITian’s website sub
Having photograph and contents of his innovative work,
Abstract of Technologies got patented by him,
To prove IITian is self sufficient and able to take his care
Needing no GAIL support and compensation any more.

Revered Judge was already supplied with,
Balance sheets of the Company formed to keep busy IITian
Showing meager profits to spare for his family livelihood
And submitted Bank documents, confirming Fifty Lakhs as Loan amount.

The day was 29th May, 2014,
Revered judge Reserved pronouncing his judgment,
But with certain sarcastic comments to utter,
IITian father present in the court could not keep his calm
And said “would he had sent his son to die, knowing no facility thereon.
His son is an Asset to Nation, who had the whistle blown,
Against Corrupt GAIL officers and GAIL PSU as a whole”

IITian awaited for the judgment,
May it may be pronounced in his favour,
And he may be able to get rid of bank loans and obligations for ever,
But, alas the judgment was Dismissal of case,
As the IITian faced Dismissal from Service through GAIL earlier.

Judgment was pronounced on 17th July, 2014
Which was a surprise through every shore,
Which was akin to all GAIL written texts,
Produced against IITian’s Dismissal Orders, Appeals and rest,
Taking no point of harassment, humiliation and agony of IITian side;

As to how IITian was ill treated through hands of GAIL,
Without caring for his Life Threatening ailment serious any more,
Keeping him in abeyance to wait without any reply
And ordering him his mid way transfer,
Where no requisite medical facility to cure at bay.

As to why IITian’s medical and other due bills were detained
When he needed financial support to spend to treat,
Was it not to bring his death immature?
How IITian could be able to travel and stay,
To attend the Enquiry proceedings with taking risk of life,
While GAIL shown its ill determination to not change venue any more.

As to why IITian’s reference to Apollo thought to be his parents choice,
Whereas Doctor did not have any other option to do the right,
Finding his place of residence not have any medical facilities to cure,
Having his acquaintance and confidence in Doctor at Apollo to treat
Apollo Delhi have advanced testing facilities to investigate,
Without which the reasons why it happened for future protecting cures.

As why IITian was not responded his transfer requests for Three Months,
And kept him waiting consuming his due leaves all the while,
While he was fit to join his duties after 15 days rest
Which was expired on 24th February,2004 itself,
Where he would have gone to join his duties except treating city?

As stay at his earlier place of posting was debarred for him,
Which did neither have any CTVS nor Blood INR facility to monitor,
Same be clear by instant relieving of IITian,
While handing over simultaneously transfer and relieving orders,
Even not permitted him a day extra to stay,
Per BAGH attended Doctor’s advice and say,
For not taking any risk of DVT/ PE Recurring nature state,
Whereas fifteen days period allotted be ready and depart to new station.

Transfer orders were Mischievously sent through a computer scan
Handed over on 30th April, 2004 at IITian’s residing land,
While the households were loaded in a Delhi destined truck,
As IITian with his wife visited his earlier posting place of work.
To vacate leased house and bring back his households having assured,
Informing his Headquarters authorities to know.

Nothing was pronounced in IITian’s favour.
Blaming him for not knocking the doors of Court,
While been asked for the bribe to pay;
While not being charge sheeted and been suspended;
While not granted subsistence allowance per Rules of GAIL;
Having not physically visited enquiry place,
To apprise his transferred place had not requisite Medical Aid,

Revered judge have no consideration of presenting facts,
Required by Eleven revered judges to collect,
A period of Seven Years with Thirty Two hearings held to explore.
12th revered judge rejected documentary proofs,
Retrieved through RTI to be presented to Court.

Pronounced judgment declare IITian stayed back in Delhi
To join His father’s Consultancy business to grow,
Which was just a single man entrepreneur show,
And long back had its last show to face the IITian’s blow.
IITian initially associated as Trainee without any salary or so
Before entering into the professional field of GAIL to go.

Without looking into documentary evidences through GAIL files,
As an evidence to observe recommendations reversing spree,
Going through which the IITian gathered power to present Court,
Confirming Gratification demand, which he had hinted before.
But, sorry to state revered judge has blamed IITian himself,
Mentioning as his pretext for not been posted to his treatment place,
Such blame is serious in nature, demoralizing a Whistle Blower,
Who fought for a cause of his destabilization and invalid dismissal,
Being not corrupt, stuck to his ethics to not make others corrupt.

While confronting Second Anniversary of IITian’s fatal collapse,
On 26th January, 2006, his father written a verse expressing his grief,
Sent to then Chief Justice of Delhi High Court to advice some relief,
Directed IITian to approach Delhi Legal Service Authority for Cause,
DLSA took up the cause, summoned GAIL and advised to resort,
As having no teeth to further proceed,
But GAIL did not budge at all
And passed IITian’s Dismissal orders at last.

A revered judge intended out of court settlement of the case,
And got appointed a Senior Advocate to take,
Who tried his level best to convince GAIL,
But GAIL having enough and extra funds to divert,
The Gratification call case pronounced in its favour,
Which GAIL could get do to what it adhere.

IITian could not understand why revered judge pointed out
His disturbed state of mind,
Which a delicate, sensitive and intellectual brain could never bear,
While he was trailing on the God desired path,
Which required him his Health and Life first,
To accomplice in life what Almighty had marked his path,
By knowingly not getting him into desired Death trap
Which Corrupt GAIL officers had networked that.

Such blow of depression had come in IITian’s way,
When he saw suicidal death of his GAIL colleague just next door,
While he was staying in PATA GAIL GUEST HOUSE to rest in door,
Suicide disturbed IITian to such an extent,
GAIL Doctor recommended his transfer to Delhi at once.

IITian wished to celebrate nearing Independence Day as a Happy day,
Hoping he could find respite from his gloomy stay,
But, IITian Whistle Blowing could not have the way,
Before the giant PSU, who has spare funds and tactics to apply,
By employing such Senior Advocates conversant to act reversing ways,
Otherwise, why GAIL needed to hire a Senior Advocate
Against IITian’s Free Advocate through Delhi Legal Aid.

The Dismissed case could be put for an Appeal,
AS pronounced judgment has the flaws of ignoring facts,
Putting all the blames on IITian’s head,
Without considering his alarming health and efforts to survive,
And ignoring his innovative work for the national development,
Which he tirelessly worked stressing more on his mind,
To keep his mind fertile for industry use,
For which he worked for a period of Ten Years.

But IITian does not have any funds,
To pay any Advocate and for Documentation,
And to run around for many years as ran Seven Years around,
Catering all the facts from GAIL files through RTI,
Having no such idea to find the vice
As to how he was crucified.

Can any one have the guts to get IITian his Right
A justice against his Dismissal from GAIL files,
Where his only fault was that he worked most stressfully
Always inhaling toxic emissions spread through hydro carbides,
He needed his temporary posting at his referred medical site,
Recommendations were there from his administrative head,
Through note sheet sent from CMD quarter itself.
Got ignored through Gratification seekers – HRD officers
Who had been in league with CMD to cater grate to bite
By ordering his transfer to a place
Where no adequate Diagnostic and medical facilities prevailed.
IITian was conscious about his welfare,
As he wanted to live for more many years,
For giving INDIA a technological uplift,
He could not generate courage to go there,
His humble prayers did not pay heed any where,
And ultimately IITian was dismissed from his GAIL fleet.
The facts of inter communication through RTI brought the light,
Which were apprised to Delhi High Court through a writ petition filed,
The case took Seven Years to decide,
Disposing it off and Dismissing IITian’s plight.
The disposed off case has material to Appeal,
But IITian has neither funds, nor stamina or time to spare,
As he is under heavy bank loans needing more funds
To get Patents of his developed new technologies far abroad,
Which are as per the oil industry’s need,
For efficient operations and cleaner environment indeed.
Rather to save the agriculture land for fertilization,
Where gas hydrate saline water spills on the fields
Making it so unfertile and no more for any yields?

Date : 5th August, 2014 INDRA KATYAL
M.Sc.; MIE; Chart. Eng.; PGDPM
NEW DELHI – 110058
(M) 91 9899605564
(L) 91 11 28523026
Fax 91 11 28524105
e-mail indrakatyal.asim@gmail.com

15th August, 2014- An IITian, Gratification, Social Justice and Indian Judiciary
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