PRESS NOTE
MURDER OF SHRI S.K. DUBEY, DY. GENERAL
MANAGER, NHAI, GAYA; RESPONSE FROM THE MINISTRY OF ROAD TRANSPORT
& HIGHWAYS
Shri S.K. Dubey,
Dy. General Manager (Technical), National Highways Authority of
India (NHAI), posted at Gaya, was murdered in the early hours
of 27 November, 2003. A series of articles and news items have
appeared on this unfortunate incident. These have understandably
created a sense of shock and an outpouring of sympathy for Shri
Dubey. His loss is deeply mourned by his colleagues in NHAI as
well as by the Ministry of Road Transport & Highways.
In his tribute to
Shri Dubey, honourable Prime Minister has called him "an
upright and dedicated officer" and assured the nation that
"those responsible for his death, wherever they may be, will
not be spared". The case has already been handed over to
the CBI for an impartial enquiry.
However, a section
of the media, without highlighting all the relevant facts of the
matter, has drawn misleading inferences on the cause of Shri Dubey’s
murder. Its coverage has also sought to project the functioning
of the NHAI and the Government in a negative light, showing them
to be insensitive and callous about the safety of the personnel
working on the National Highways Development Project (NHDP), which
is India’s proud infrastructure project.
The main thrust of
this coverage has been that Shri Dubey was murdered because the
office of the Prime Minister, to whom he had addressed a letter
in November 2002, alleging systemic deficiencies in the execution
of the NHDP and corrupt practices of contractors as well as officials
in NHAI, breached the confidentiality of that letter in spite
of his request that secrecy be maintained about his identity.
To substantiate this inference, it has been reported that the
letter was sent in a routine manner by the PMO to the Ministry
of Road Transport & Highways and onward to NHAI. This grave
insinuation is as untenable as it is unfair.
Did PMO or MoRTH
disclose his identity in any way? No.
Is his murder
linked to any action of PMO or MoRTH? No.
The facts about the
above-mentioned letter are as follows: -
- The letter received by the PMO
November 11, 2002 was unsigned and undated;
- The sheet enclosed to the letter
giving Shri Dubey’s name and particulars was also unsigned;
- The letter was received in an
ordinary cover and was neither addressed by name nor sealed.
The PMO receives
between 400-500 letters every day, of which a significant number
are anonymous or improperly identified letters alleging irregularities
and corruption. The PMO has no way of knowing the genuineness
of these letters, nor is its function to take action on their
specific contents. The latter is the responsibility of the concerned
administrative ministry. In the past, some of these letters, especially
those without proper identification, have been found to be fake
and written with a malicious intent to harm the person in whose
name it is sent or the persons/institutions mentioned in it. The
Central Vigilance Commission (CVC) has instructed all government
departments that anonymous or improperly identified letters should
not be acted upon.
However, since Shri
Dubey’s letter carried an annexure that gave his name and address,
and contained seemingly important observations on the implementation
of NHDP, the PMO forwarded it to the Ministry of Road Transport
& Highways for appropriate action. If anything, this shows
the responsiveness of the PMO.
The passing on of
Shri Dubey’s letter within the governmental system -- from
the PMO to the concerned administrative ministry – does not
constitute "breach of confidentiality". Indeed, the
PMO did the right thing by doing so, especially since Shri Dubey
had said in the concluding para of his letter that "if
any elaboration/clarification is needed on above issues I would
be glad to render all my assistance in the interest of this very
prestigious National Highway Development Project, which is
undoubtedly the biggest ever project undertaken in India after
Independence." (Emphasis added.)
Similarly, neither
MoRTH nor NHAI disclosed Shri Dubey’s identity in any manner.
The Chief Vigilance Officer of NHAI called Shri Dubey to ascertain
whether the letter was indeed written by him. He confirmed this.
It is also worth noting here that Shri Dubey, in his letter to
the Manager (Vigilance), NHAI, dated February 2, 2003, said, "I
confirm having written the said letter. The letter intended to
be addressed to the Chairman, NHAI with only a copy endorsed to
the office of the PMO was inadvertently addressed to the PMO.
The letter was also addressed and sent to Chairman, NHAI."
This clearly shows that Shri Dubey had already, on his own,
disclosed his identity to the head of his own organization.
Hence, the accusation that the PMO "disclosed" Shri
Dubey’s identity by passing on his letter to MoRTH is both bizarre
and false.
The section of the
media that has made this accusation has failed to take note of
the important fact that Shri Dubey sent several communications
to local officers of NHAI and consultants. While his letter to
the Prime Minister had raised mainly general issues about perceived
procedural shortcomings in the implementation of NHDP, his
local communications were very specific. These communications
were not marked secret. Therefore, it is not proper to
link Shri Dubey’s murder to the letter he addressed to the Prime
Minister more than a year earlier.
Like many of his
colleagues, Shri Dubey had been very vigilant in implementation
of sections under the jurisdiction of Koderma Project Implementation
Unit. He was diligently pointing out lapses in execution or supervision
of works to the Project Director concerned of the NHAI, to the
contractor as well as to the supervision consultant. Between
December 2002 and August 2003 Shri Dubey made four major specific
reports, in writing, against the personnel of the contractor and
the supervisory consultant.
How did MoRTH
and NHAI respond to Shri Dubey’s communications? In an exemplary
manner.
Media reports have
not highlighted how NHAI acted on Shri Dubey’s communications.
The Vigilance Office of NHAI merely cautioned him of the impropriety
he had committed in writing a letter directly to the Prime Minister.
However, Shri Dubey was not penalized for writing directly
to the Prime Minister. On the contrary, on 31 October, 2003, he
was promoted to the post of Dy. General Manager in NHAI in recognition
of his professional competence and his courageous, conscientious
and persistent efforts to improve the implementation of the work
on NHDP at his level. This point, which has not been highlighted
in media reports, again shows how NHAI was – and continues to
be -- appreciative of an honest and committed officer like Shri
Dubey.
Shri Dubey’s letter
was taken with all seriousness. NHAI officials at the headquarters
fully shared Shri Dubey’s concerns and views regarding the need
to improve various activities in NHDP such as preparation of detailed
project reports, award of civil works, etc. He was called to NHAI
headquarters with a view to obtaining specific details in the
matter. Also, suitable corrective action had already been initiated
on several points contained in his communications.
Also, responding
to Shri Dubey’s other communications mentioned above, the Koderma
Project Implementation Unit of NHAI removed four engineers and
two lab assistants of the Contractor and Supervision Consultant.
Based on the shortcomings that he had pointed out, nearly a kilometer
of substandard granular sub base layer of the road was asked to
be completely dug up and re-laid.
NHAI’s own proactive
action to improve the implementation of NHDP
The NHAI itself was
fully alive to the shortcomings of the existing systems and had
already initiated a series of measures to improve upon the procedures.
In a gigantic and first-of-its-kind project like the NHDP, involving
upgradation of over 14,000 km of national highways at the cost
of Rs. 58,000 crore within a tight timeframe, there is always
scope for improvement and refinement. Here are some of the proactive
steps taken by NHAI.
1) The NHAI has
been following internationally approved procurement procedures,
which are open and transparent. It follows the Federation
Internationale des Ingenieurs Conseils (FIDIC) conditions
in implementing the NHDP.
2) The Ministry
of Road Transport & Highways had already constituted a
Committee on 24 July 2001 under the Chairmanship of a retired
Director General of Roads to streamline the procedure, documentation
and to prepare manuals to facilitate better implementation
of NHDP. Another Committee headed by Member (Technical), NHAI
was constituted on 10 December, 2002 which has reviewed the
procedures and finalised model documents and has suggested
further improvements in the prequalification of consultants
for preparation of Detailed Project Reports, evaluation of
bids and actual preparation of the Reports.
3) A similar
exercise has been done for prequalification of contractors.
NHAI is also undertaking quality audit of its projects through
M/s Engineers India Ltd. It has also appointed M/s PriceWaterhouseCoopers
as the Internal Auditors for NHAI headquarters as well as
Project Implementation Units (PIUs).
The poor law and
order situation in Bihar
Media reports have
not taken into account the serious law and order problem existing
in Bihar, where Shri Dubey was working. It is a matter of record
that personnel employed in implementation of the NHDP in Bihar
have been under constant threat. To cite a few instances,
- On 30 January, 2003, a group of
100 armed men forcibly entered the camp of the contractor working
on NHDP in Gaya district and took 40 people as hostages.
- On the night of January 31, 2003,
in Aurangabad district in Bihar, a group of miscreants invaded
the crusher site of an NHDP contractor at Madanpur and ransacked
the office and set fire to a jeep and beat up the workers.
- On 7 May, 2003, in Bhabhua district
of Bihar, a driver of an NHDP contractor was shot dead and
an engineer injured who also succumbed to injuries.
- In another tragic incident last
year, Shri Sanjay Singh, a young IIT graduate and Indian Forest
Service officer posted in Bihar was kidnapped and brutally murdered
on 15 February 2002. He had reportedly taken strict action against
the mafia engaged in illegal mining and tree felling activities
in Sasaram and other areas.
NHDP is being simultaneously
implemented in many States in the country. It is a verifiable
fact that those working on the project in other States are not
facing the kind of insecurity and intimidation from criminal and
extortionist gangs as in Bihar.
Minister’s letters
to the CM of Bihar on the law and order problem
Between March 2002
and November 2003, the Minister of Road Transport & Highways
has written as many as five letters to the Chief Minister of Bihar
expressing concern over the law and order problems in the State
and urging her urgent attention to the severity of the situation.
He had also spoken to her on many occasions and said that unless
the law and order problem was addressed earnestly it would be
difficult to implement NHDP in Bihar in an effective and timely
manner.
It may be noted that,
in his first letter dated 15 March, 2002 – that is, well before
Shri Dubey’s letter to the Honourable PM, the Minister had pointed
out to the Chief Minister of Bihar that the people working on
NHDP on National Highway No. 2 "are getting repeated threats
on the telephone and warnings of dire consequences in the absence
of their not fulfilling demands. Recently, armed personnel attacked
a camp and detonated explosives and fired gun shots. This has
caused an atmosphere of fear and terror and is coming in the way
of progress of the work."
The NHDP Phase I
(comprising mainly the Golden Quadrilateral) is progressing very
satisfactorily in most States. Out of a total length of 5846 kms,
2005 kms has already been four laned. The target, 96% completion
by December, 2004 is likely to be achieved. However, the progress
in Bihar has been delayed mainly because of the law and order
problem. The status of the projects in Bihar as on 30 November
2003 is as follows:
|
Project
|
Progress (In
percent)
|
| |
Target
|
Achieved
|
|
Mohania – Sasaram
|
70
|
21
|
|
Sasaram – Dehri-on-Sone
|
46
|
05
|
|
Dehri-on-Sone
– Aurangabad
|
65
|
43
|
|
Aurangabad
– Barachatti
|
42
|
12
|
Shri Dubey will
be remembered for his honesty, dedication and professional commitment
to the National Highway Development Project.
The Ministry of Road
Transport & Highways, as well as the National Highways Authority
of India, reiterate their commitment to speedy implementation
of the NHDP, without any compromise on the quality of construction,
and help realize the collective dream of all Indians. In this,
we appeal to State Governments to ensure proper security for the
project personnel.
Ministry of Road Transport
and Highways, Govt. of India. Dec11, 2003.
Summary of the
Press Note
Murder of Shri
S.K. Dubey, Dy. General Manager, NHAI, Gaya; Response from the
Ministry of Road Transport & Highways
Shri S.K. Dubey,
Dy. General Manager (Technical), National Highways Authority of
India (NHAI), posted at Gaya, was murdered in the early hours
of 27 November, 2003. A series of articles and news items have
appeared on this unfortunate incident. These have understandably
created a sense of shock and an outpouring of sympathy for Shri
Dubey.
However, a section
of the media, without highlighting all the relevant facts of the
matter, has drawn misleading inferences on the cause of Shri Dubey’s
murder. Its coverage has also sought to project the functioning
of the NHAI and the Government in a negative light, showing them
to be insensitive and callous about the safety of the personnel
working on the National Highway Development Project (NHDP), which
is India’s proud infrastructure project.
The main thrust of
this coverage has been that Shri Dubey was murdered because the
office of the Prime Minister, to whom he had addressed a letter
in November 2002, alleging systemic deficiencies in the execution
of the NHDP and corrupt practices of contractors as well as officials
in NHAI, breached the confidentiality of that letter in spite
of his request that secrecy be maintained about his identity.
To substantiate this inference, it has been reported that the
letter was sent in a routine manner by the PMO to the Ministry
of Road Transport & Highways and onward to NHAI. This grave
insinuation is as untenable as it is unfair. The PMO and the MORTH
categorically deny that Shri Dubey’s identity was disclosed by
them or that his murder was linked to the letter he wrote to the
PM.
The letter received
by the PMO November 11, 2002 was unsigned and undated. The sheet
enclosed the letter giving Shri Dubey’s name and particulars was
also unsigned. The PMO receives many anonymous or improperly identified
letters alleging irregularities and corruption. It has no way
of knowing the genuineness of these letters, nor is its function
to take action on their specific contents. The latter is the responsibility
of the concerned administrative ministry. The Central Vigilance
Commission (CVC) has instructed all government departments that
anonymous or improperly identified letters should not be acted
upon.
However, since Shri
Dubey’s letter carried an annexure that gave his name and address,
and contained seemingly important observations on the implementation
of NHDP, the PMO forwarded it to the Ministry of Road Transport
& Highways for appropriate action. Shri Dubey himself had
said in the concluding para of his letter that "if any
elaboration/clarification is needed on above issues I would be
glad to render all my assistance in the interest of this very
prestigious National Highway Development Project."
Shri Dubey, in his
letter to the Manager (Vigilance), NHAI, dated February 2, 2003,
had also said, "The letter intended to be addressed to the
Chairman, NHAI with only a copy endorsed to the office of the
PMO was inadvertently addressed to the PMO. The letter was also
addressed and sent to Chairman, NHAI." This clearly shows
that Shri Dubey had already, on his own, disclosed his identity
to the head of his own organization. Hence, the accusation
that the PMO "disclosed" Shri Dubey’s identity by passing
on his letter to MoRTH is both bizarre and false.
The section of the
media that has made this accusation has failed to take note of
the important fact that Shri Dubey wrote several letters to local
officers of NHAI. While his letter to the Prime Minister had raised
mainly general issues about perceived procedural shortcomings
in the implementation of NHDP, his local communications were
very specific. These communications were not marked secret.
Therefore, it is not proper to link Shri Dubey’s murder to the
letter he addressed to the Prime Minister more than a year earlier.
Shri Dubey was not
penalized for writing directly to the Prime Minister. On the contrary,
on 31 October 2003, he was promoted to the post of Dy. General
Manager in NHAI in recognition of his professional competence
and his courageous, conscientious and persistent efforts to improve
the implementation of the work on NHDP at his level. Suitable
corrective action was taken on several points contained in his
communications. This shows how NHAI was – and continues to be
-- appreciative of an honest and committed officer like Shri Dubey.
NHAI has also taken several proactive measures to improve the
implementation of NHDP.
It is a matter of
record that personnel employed in implementation of the NHDP in
Bihar have been under constant threat. Between March 2002 and
November 2003, the Minister of Road Transport & Highways has
written as many as five letters to the Chief Minister of Bihar
expressing concern over the law and order problems in the State.
In his first letter dated 15 March, 2002 – that is, well before
Shri Dubey’s letter to the Honourable PM, the Minister had pointed
out to the CM of Bihar that the people working on NHDP "are
getting repeated threats and warnings of dire consequences. This
has caused an atmosphere of fear and terror and is coming in the
way of progress of the work."
The Ministry of Road
Transport & Highways, as well as the NHAI, reiterate their
commitment to speedy implementation of the NHDP, without any compromise
on the quality of construction, and help realize the collective
dream of all Indians. In this, we appeal to State Governments
to ensure proper security for the project personnel.
