SUBJECT:  DEEMED SUSPENSION OF DR. G. MALKONDIAH, DS AND CCR&D (HR), DRDO AS under the provisions of Rule 10(2)(b) of CCS(CCA) Rules 1965

Hon’ble Sir,

Hon’ble Madras High Court Judgment dated 24 Sept 2014 in Contempt Petition No.1711 of 2012 inW.P.No.13067 of 2005 and Sub Appln.No.602 of 2012 in which Dr. G Malkondiah, Distinguished Scientist and Chief Controller Research & Development (HR & TM) was one of the respondents. By the order dated 24 Sept 2014, Hon’ble Court pronounced following order:

Para 40 of judgement – Therefore, we propose to impose punishment of sentence of imprisonment onthe respondents 2 and 3 for their wilful disobedience of this Court’s order. In the facts of this case, we feel that merely imposing fine on the second and third respondents would be inadequate and ends of justice would be served, only if they are awarded imprisonment and fine.

Para 41 of judgement – In the result, respondents 2 and 3 are held guilty for civil contemptunder Section 12 of the Contempt of Courts Act, 1971 and they are punished with Simple Imprisonment for a period of three weeks and also pay a fine ofRs.2,000/- each personally. The Government is directed to take appropriate departmental action against them for the reckless negligence and wilful disobedience of the orders of this Court, which lead to insurmountable sufferingsfor the petitioner for more than a decade.

Para 42 of judgement –  The contemnors are directed to surrender for undergoing the punishment of imprisonment within one week from today, failing which the Registry is directed to issue warrant of commitment to prison for undergoing the sentence imposed upon them.

Para 43 of judgement- By this order, the issue has not come to an end and the liability ofthe petitioners/contemnors in W.P.No.13067 of 2005 to comply with the orderdated 30.04.2009, does not abate. Therefore, they are directed to comply with the order forthwith.

1. Dr. G. Malkondiah has been punished with simple imprisonment for a period of three weeks and also pay a fine of Rs.2,000/-. Therefore Dr. G. Malkondiah, CCR&D (HR&TM) has been convicted by Hon’ble Madras High Court for civil contempt under Section 12 of the Contempt of Courts Act, 1971.

2. Hon’ble Madras High Court stated in their order “A sleeping man can be woken, but not a man who pretends to sleep. Here the Contemnors belong to the latter category and they can never be woken up unless orders in this Contempt Application are passed. Therefore, we hold that the second and thirds respondents have wilfully committed contempt of the order of this Court dated 30.04.2009 in W.P.No.13067 of 2005 as affirmed by the Hon’ble Apex Court”.

3. Provisions of Rule 10.(2)(b) of CCS(CCA) Rules 1965 reproduced here for ready reference:

(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority –

(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

4. Provisions of Rule 10(5)(a) CCS(CCA) Rules 1965 reproduced here for ready reference:

(5)(a) An order of suspension made or deemed to have been made under this rule shallcontinue to remain in force until it is modified or revoked by the authoritycompetent to do so.

5. Therefore, under the provisions of Rule 10(2)(b) , Dr. G. Malkondiah is now under deemed suspension wef 24.09.2014 and his deemed suspension shall remain continued  until it is modified or revoked by the authority competent to do so.

6. The formal orders of deemed suspension has not been issued till date by the authority competent to do so in MOD and he is continue as CCR&D(HR&TM).

7. Vide [G.I. , MHA, Letter  No. 39/72/51-Ests., dated the 23^rd October 1951] and [G.I. , MHA, O.M. No. 25/70/49-Ests., dated the 26^th December, 1949], conviction of Government servants to be promptly communicated to administrative authorities. Whether Dr. G Malkondiah has informed to authority competent so about his conviction or not, is matter of investigation by the competent authority, if not then it will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone.

8. Under the provisions of Rule 19(i) of CCS (CCA) Rules 1965, the authority competent to do so in case of Dr. G. Malkondiah, should take necessary action as per rules.

9. Dr. G. Malkondiah challenged the said order dated 24.09.2014 of Hon’ble Madras High Court in Hon’ble Supreme Court vide civil appeal D No. 31977/2014 dated 25 Sept 2014.
10. The hearing of the civil appeal D No. 31977/2014 along with civil appeal D No. 31978/2014 took place at Hon’ble Supreme Court on 26.09.2014 and Hon’ble Supreme Court stayed the order dated 24.09.2014 of Hon’ble Madras High Court in contempt petition no. 1711/2012.
11. Dr. G. Malkondiah knowingly victimizing & mentally torturing the employee of minority community since past ten years by misusing his official position and deliberately disobeying the Court orders. Hon’ble Madras High Court makes comment on his act as “wilful disobedience of Court orders “. This act of Dr. G. Malkondiah is of moral turpitude and should not be ignored by authority competent to do so.
12. Dr. G. Malkondiah, Distinguished Scientist, took over as Chief Controller R&D (HR) at DRDO HQ on January 01, 2013. As matter of fact Directorate of Personnel (DOP) report to CCR&D (HR) and all legal matters of DRDO be taken care by DOP under CCR&D (HR). Thereby Dr. G. Malkondiah misused his official position to satisfy his ego by contemning the Hon’ble Court order and on the other hand victimizing the man of minority community who was unemployed since the year 2004. Thereby Dr. G. Malkondiah wasted lakhs of rupees from public fund in fighting the cases from Hon’ble Tribunal to Hon’ble Supreme Court since 2004 to 2014.

Therefore, in light of the facts stated above suitable disciplinary action may kindly be initiated by Government against Dr. G. Malkondiah, CCR&D(HR&TM), DRDO and he should be placed under deemed suspension by written order by the competent authority so that  justice and rule of law could be establish in DRDO.

Regards

Phone 0135- 2787750, Mobile- 9411114879,
e-mail id prabhudoon@gmail.com, website www.corruptionindrdo.com

Annexures:

1. GOI OM 23 October 1951 under Rule 19 of CCS(CCA) Rules 1965
2. SC order dated 25.09.2014
3. SC order dated 26.09.2014ITEM NO.56                              COURT NO.4               SECTION XII

   SUPREME COURT OF INDIA

   RECORD OF PROCEEDINGS

   Civil Appeal Diary No(s).                 31977/2014

    G MALAKONDIAH                                                                Appellant(s)

   VERSUS

     S. JOSEPH RAJ AND ORS                                              

   Respondent(s)

   (with appln. (s) for exemption from filing c/copy as well as plain copy of the impugned order and permission to file appeal. And office report)

   WITH C.A. D 31978/2014

   (With appln.(s) for exemption from filing c/copy as well as plain copy of the impugned order and appln.(s) for permission to file appeal. and Office Report)

   Date : 26/09/2014 This appeal was called on for hearing today.

   CORAM :

   HON’BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

   HON’BLE MR. JUSTICE PRAFULLA CHANDRA PANT

    

   For Appellant(s)                  Mr.   Mukul Rohtagi, AG

                                       Mr.   R. Bala, Adv.

                                       Mr.   R.K. Verma, Adv.

                                       Mr.   B. V. Balaram Das,Adv.

     For Respondent(s)                 Mr. V. Balaji,Adv.

                                       Mr. Asai Thambi, Adv.

                                       Mr. Rakesh K. Sharma, Adv.

   UPON hearing the counsel the Court made the following

   O R D E R

   Permission to file appeal is granted.Perused the photocopy of the certified copy of the order dated 24.09.2014 passed by the Division Bench of the High Court of Signature Not Verified Judicature at Madras in Contempt Petition No. 1711 of 2012.

   Digitally signed by

   Rajni Mukhi

   Date: 2014.09.29

   12:12:10 IST

   Reason: Petitioner is allowed two weeks’ time to file affidavit enclosing the copy of the said order.

   Notice be issued on respondents returnable within four weeks. Dasti, in addition, is permitted.

   Mr. Rakesh K. Sharma, learned counsel accepts notice on behalf of Respondent No.1.   He may file counter affidavit within three weeks. Rejoinder   Affidavit, if any, be filed   within a week thereafter.

   In the meantime, the order dated 24 th September, 2014 passed by the Division Bench of the High Court of Judicature at Madras in Contempt Petition No. 1711/2012 arising out of Writ Petition No. 13067/2005 and sub Application No. 602 of 2012 shall remain stayed.

   (Rajni Mukhi)                                    (H.S. Parasher)

   Sr. P.A.                                                       Court Master