APPEAL TO ISSUE CASTE CERTIFICATE & PRIVILEGES TO MIGRANT SC/ST COMMUNITIES SETTLED IN MAHARASHTRA AS DOMICILE.

To,
The President of India,
Rashtrapati Bhavan,
New Delhi - 110 004, India

Dear Sir or Madam:

SUB: - APPEAL TO ISSUE CASTE CERTIFICATE & PRIVILEGES TO MIGRANT SC/ST COMMUNITIES SETTLED IN MAHARASHTRA AS DOMICILE.

REF: -1) ORDER NO. B.C.16014/1/82/SC&BCD-1 DATED 18TH NOV.1982 FROM MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.
REF: -2) ORDER NO. B.C.16014/1/82/SC&BCD-1 DATED 22ND FEB. 1985 FROM MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI.

Dear Sir/Madam,

We, the members belonging to the Scheduled Caste communities namely Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, of Tamil Nadu permanently living & domicile of Maharashtra would like to bring to your kind notice the following

1. The people belonging to the above said communities have migrated to the state of Maharashtra with historical proof of more than 100 years ago due to social circumstance and discrimination by other communities in the Hindu Caste system prevalent during those times. As a domicile in the state of Maharashtra, we as a permanent law-abiding citizen are exercising the rights such as voting in Municipal elections, Assembly election and Parliament election etc. in the state of Maharashtra.We have the privilege to vote but are denied the privileges to contest the elections for seats reserved for SC/ST community in Assembly as well as Parliament elections.


2. An Indian remains an Indian in all the Indian states where he migrates for education, for work or as permanent resident. Nevertheless, a fellow SC/ST ceases to belong to SC/ST community, once he crosses the borders of the state of origin. In spite of being a law abiding and domicile of the migrated state for more than five decades, we are denied our basic rights and compelled to loose our distinct identity.


3. Though we have migrated from one state to other, our social status and living conditions remain unchanged and are subjected to continuous discrimination from the other upper caste societies even today in various walks of life. Our people in Maharashtra remain in the bottom most ladder of the society. However, the benefits of reservation as guaranteed by article 16(4) of our constitution, which is a basic right for fellow SC/ST’s is not available to us, as the state of Maharashtra does not provide reservations in Educational institutes and Government appointments to these communities in Maharashtra.


4. The caste certificate issued by appropriate authorities of Tamil Nadu Government is not being accepted in Maharashtra for seeking admission in Educational institutes and contesting elections in reserved constituency, though we are domicile of Maharashtra for years. Though we belong to the SC/ST’s communities, the person born in Maharashtra of our community are also not being issued community certificates, which shall enable them to get the privileges enshrined in the constitution. Similarly, when we have approached the Government of TamilNadu for seeking admission in Educational Institutes or for employment opportunities, our claim is being rejected on the grounds that this individuals belonging to these communities have domiciled in states out side Tamil Nadu (i.e. Maharashtra.), though our origin is from Tamil Nadu.

5. Under these circumstances the socially deprived communities of Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, belonging to Scheduled Castes living in Maharashtra are deprived of the constitutional rights conferred for up-liftment of these communities.


6. Thus, the social philosophy of the constitutions that gave special privileges to millions of Scheduled Caste and Scheduled Tribes in the form of “discriminatory preference” is denied to us, which is a blatant denial of the basic rights.

7. Many individuals and pressure groups have represented these discrimination to the Government of India, National Commission of Scheduled Caste and Scheduled Tribes, Government of Maharashtra, Government of Tamil Nadu and to the honorable Members of Parliament from both the states, in the past but all in vain.

We further like to recall the assurance given by the then Honorable Union Labour Minister Shri. Ram Vilas Paswan that the Government is prepared to bring legislation to amend the constitution to ensure the reservation meant for Scheduled Caste and Scheduled Tribe is available to them even when they migrate to other state than the place of birth.

In addition would like to quote the excerpts recent Supreme Court judgments

(2005) 3 SCC 1-A; (2005) 3 SCC 1-B; (2005) 3 SCC 1-C. quote
“The Supreme Court has held that a state or Union Territory cannot deny the reservation benefits to migrated SC, ST and OBC candidates, and dismissed an appeal by the Chandigarh Administration against certain persons of these categories from neighboring areas. Neither could the migrating states deny issuing of the SC, ST and OBC certificate to a candidate belonging to these categories on production of the “genuine” proof, a Bench comprising Mr. Justice Brijesh Kumar and Mr. Justice Arun Kumar said. The court said the Union Government in its February 22, 1985 circular had made it clear that a ST and SC candidate of any other state or Union Territory was entitled to the benefit of reservation in jobs in the same manner as was available to them in the state of origin before migrating to the state in question.” Unquote

Apart from the above, a sizeable number of migrant Scheduled caste and Scheduled Tribes are living in Maharashtra State for more than 50 years with a history of them having migrated more than 100years. The Government of Tamil Nadu has requested the Government of Maharashtra vide their letter no 13569/ADW.II/97-3, dated 23/4/1998 in this subject to issue community certificates in Maharashtra taking into account of the individuals father’s community certificate issued by appropriate authority by Government of Tamilnadu.

A reminder letter for the same has also been sent by Government of Tamil Nadu in the same subject vides letter no. 4053/ADW-II/99-3 dated 23/8/99.

Interesting thing in all this episode is the Scheduled Caste of Maharashtra i.e. Chamar, Muchi, Sambavar, Samagar having their origin in Maharashtra are already included in Scheduled Caste list of Tamilnadu and as such enjoy the facilities made available to the above community people of Maharashtra domicile in Tamil Nadu.

Now the REF:- 1) per the orders No. BC 16014/1/82 SC & BCD-1 issued by Govt. of India, Ministry of Home Affairs, New Delhi dated 18th November, 1982 (Copy enclosed) addressed to all the Chief Secretaries of the State Government/Union Territories, the State Governments may issue the SC/ST certificates to a person who has migrated from another state on the production of a genuine certificate

issued to his father by the prescribed authority of the State of father's origin. The facility does not alter the Scheduled Caste/Scheduled Tribes status of the persons in relation to the one or other state.

Then Govt. of India, Ministry of Home Affairs issued another letter no. No. BC 16014/1/82 SC & BCD-1 dated 22.2.1985 substituting the earlier letter dated 18.11.1982 mentioning that: Scheduled Caste/Tribe person who has migrated from State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Tribe of the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated.


This provision is contradictory as the both the Sate of origin i.e. Tamil Nadu & the state of domicile i.e. Maharashtra do not provide the privileges to the members belonging to the Scheduled Caste communities namely Adi dravida, Arunthathiyar, Chakkilyan, Devandrakulathan, Pallan, Pariyan, Parayan, Sambavar, Paravan, Samban, Thoti, of Tamil Nadu permanently living & domicile of Maharashtra for reasons cited in point no.4 in this draft letter.

Despite the efforts taken by various organization and individuals for many years the above problems remains unsolved and members belonging to these migrant SC/ST communities continue to be deprived of their rights provided by the Constitution of India.

In view of the foregoing, we have no option other than to pray your good offices for un-doing the injustice meted out to the Scheduled Castes & Scheduled Tribes who have migrated to Mahrashtra from Tamil Nadu. We are sure that the intervention of your Excellency will bring justice to these people so that they enjoy their fundamental rights in terms of Civil, Political, Cultural & property guaranteed by our Constitution.

We thank you for your continual service and support to the just social causes of the downtrodden masses.

Thanking you.
Warm Regards,

Babasaheb Dr. Bhim Rao Ambedkar married Mai Savitha Ambedkar

Why Babasaheb Married a Brahmin

Many Dalit intellectuals have burnt a lot of midnight oil trying to analyze why our saviour Babasaheb Dr. Bhim Rao Ambedkar married Mai Savitha Ambedkar, a chitpavan brahmin from Maharashtra. Did Babasaheb fall a prey to the Brahmin conspiracy. Many of my dalit brothers and writers in Maharashtra hint that there is a conspiracy from the brahmins. Some of the upper caste people laugh at this. Some of their twice born intellectuals even claim that Babasaheb wanted a trophy Brahmin wife. How true are all these. Why have we dalits come to such a stage that we are even questioning our leader. Do these people think that they are more intelligent than Babasaheb, the most revolutionary leader since Gautama Buddha.

Babsaheb can never be wrong. There is a message in each and every action of his life. Babasaheb by Marrying the doctor brahmin Mai Ambedkar has shown us that even women in Brahmin community is oppressed and the only way they can be saved is to get them out of their jati. Brahmin women are also Dalits in a way. Brahmin women are the biggest victim of Brahmin conspiracy. Manu treats women like filth, even brahmin woman. Out dalit women are much more free than the brahmins. They dont become untouchable during menstruation. They work in the fields and they cook.

If you want to finish the brahmins then marry the Brahmin women. Dalits should marry Brahmin women and take them out of their varna. Then Brahmins the micro minority 3 percent population of india will have no women left to marry and breed. They will die a natural death and become extinct. Look at the genius of Ambedkar. Without understanding Ambedkar’s genius all these so called Dalit intellectuals are making all kinds of noise and falling prey to manuwadi agendas. Remmber manuwadis beleive what they want to believe and they make you believe what they want you to believe.

Educate, Organize and Agitate – Jai Bhim

http://dalitnation.wordpress.com/2007/12/14/why-babasaheb-married-a-brahmin/

Only officers should inquire into SC/ST atrocity cases: SP

Superintendent of Police Dr A Subramanyeshwar Rao directed all police officers in the district not to handover cases under the SC/ST (Prevention of Atrocities) Act to Head Constables and Constables.

Addressing at an SC/ST grievance meet at the Police Guest House here on Sunday, Rao said that the police officers should directly conduct inquiry into such cases after visiting spots. “Cases under the same SC/ST (Prevention of Atrocities) Act will be booked against those police officials, who do not respond to the complaints of Dalits properly,” he warned. The SP instructed that police should treat SC/ST complainants fairly and ensure that their complaints are registered properly. “Treat all SC/ST complainants in the same manner you treat the rich,” he said adding that cops should introspect themselves as to how members of the SC/ST communities were treated in their police stations. Grievance meetings should be organised in all police stations on third Sundays of every month compulsorily. If the meeting was not conducted on the prescribed date due to any valid reason, the same should be conducted next day, Rao said. Initiative should be taken to create awareness on the provisions of SC/ST (Prevention of Atrocities) Act at the station-level grievance meetings, he added. Talking about cases related to tresspassing or encroachment on land belonging to Dalits, the SP said that such cases should also be considered under purview of the SC/ST (Prevention of Atrocities) Act. Police should register cases under the Act if prima facie offense was sighted in the complaint, he suggested. Action sought against SIs Karnataka Dalitha Sangharsha Samithi District Convener S P Ananda said that action should be taken against Sub Inspectors Chikkaswamy Gowda and Raghava Padil for allegedly torturing an Akashavani transmission executive Sudhakar, who is a Dalit. Ananda brought to the notice of SP that Uppinangadi Sub Inspector demanded Rs 1,000 bribe from a Dalit youth Vasanth for putting a stall at the annual festival ground. He said that the officer had threatened Vasanth and removed his stall forcefully. Explaining another complaint, Ananda said that the Kavoor Police detained Rajappa and his two-year-old child from morning till evening without any reason. Rajappa and his family were staying in a house constructed on government land for the past 20 years. However, the police harassed Rajappa without any complaints, he added. SP A S Rao assured that the police will conduct inquiry into all allegations and take necessary steps to ensure justice. Meanwhile, answering to a query with regard to the defamation complaint filed by former Mangalore University lecturer Umeshchandra against a Kannada daily Editor and Reporter, DySP S Girish said that the inquiry is in its final stage. “A chargesheet will be submitted before the court soon,” he added. Additional SP R Ramesh, DySPs B J Bhandary and C K Shashidhar were present. http://www.deccanherald.com/content/60723/only-officers-should-inquire-scst.html

Complain of SC atrocities in UP

(1)Ms. Rita Devi daughter of Vimla Devi, a 12 years old girl belonging to dalit community, is a resident of Koyala Kandi village under Shivkuti police station, Allahabad district. On January 3, 2010 Rita, as being a daughter of a very poor parents, was returning from her work of sweeping, washing clothes and pots of her employers at around 7 pm, when two men namely; Betu and Jalim, belonging to Yadav community, came to her and forcefully picked her up to sit on their motor bike and took her to a house behind Sri Ram Park. There was a man already present there and all three persons raped her one by one. The crime was complained with the police and the perpetrators were arrested.

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> (2)Mrs. Lalli Devi wife of Gulab, a 35 years old lady belonging to Dhrkar (scheduled caste) community, is a resident of Tikari village under Phulpur police station, Allahabad district. Lalli Devi lives in her thatched hut with her 10 years old son and her husband. Lalli Devi's family was allotted a piece of land under Indira Awas Yojna to construct a room. But meantime some upper caste men of her village namely, Devi Prasad Mishra, Rammurti and other got a stay order from the Court not to construct the room. After three years stay order of the perpetrators was vacated and Mrs. Lalli Devi's family started to build a room on the allotted piece of land. But on July 3, 2010 the perpetrators came to the place armed with sticks and demolished the constructed room and they set her hut on fire. When Lalli Devi opposed it, they assaulted Mrs. Lalli Devi, her son and husband. They also paraded her naked. The offence was complained with the police and case was registered but no immediate action was taken against the perpetrators.

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> (3) Mrs. Lilawati wife of Pancham, aged about 40 years belonging to Chamar community is a resident of Kodsar village under Tharwai police station, Allahabad district. Mrs. Lilawati has a young daughter and had arranged her marriage. She was trying to receive financial help from the government for the marriage of her daughter under welfare scheme of the state of Uttar Pradesh. Mrs. Lilawati went to the house of the village head Mrs. Meena Devi for her help and to get her signature on the application. Mrs. Meena told Lilawati that she was village head only for the name. Meena further advised her to meet her husband Mr. Nandlal, who was actual man performing all works as a village head. According to Lilawati when she went to Mr. Nandlal, he asked her to come in the room and forcefully he raped Lilawati in the room on January 9, 2010. Mrs. Lilawati tried her best to escape her rape but it is reported that the door was shut from outside. The incident was complained with the police but no action was taken against the perpetrator, then Mrs. Lilawati filed the complaint in the Court under 156(3) of Criminal Procedure Code.

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> (4) Mrs. Guddi Devi wife of Gulabchandra, aged about 27 year old dalit woman belonging to Chamar community, is a resident of Sathar village under Sarai Mamerez police station, Allahabad district. On July 4, 2010 perpetrators Shiv Narayan Yadav, Basant Lal Yadav, Ramkarn Patel along with three- four policemen came to the house of the victim Mrs. Duddi Devi and illegally started to construct building on her land. When Mrs. Guddi Devi opposed the illegal construction, the above named perpetrators beat her cruelly and she got badly injured. The incident was complained with the police but no FIR was registered against the perpetrators, then the victim filed the complaint in the Court under 156(3) of Criminal Procedure Code.

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> (5) Ms. Guriya aged about 11 years was a daughter of Madangopal belonging to a tribal community from Vadhwar village under Koraw police station, Allahabad district. It is alleged that the daughter of Mr. Ramashankar Patel alias Lala had been ailing for sometimes and the family of Ramashankar had been involved in some witch hunting activities as believing in to cure her ailing 22 years old daughter. It is said that on 11.11.2010 the victim Guriya went to see the witch hunting activities at the home of Jhunnilal Patel son of Banshidhar Patel along her with 4 years old brother but she never returned home. On 13.11.2010 father and other family members of the victim went to the Koraw police station to register the case regarding missing of Guriya but Sub Inspector, Mr. Virenndra Mishra, refused to register the case and reprimanded the victim father and his family members and forcefully confined them to stay at the police station. Next day on 14.11.2010 dead body of Guriya was recovered from a well behind the house of Jhunnilal Patel. It is alleged by Mr. Madangopal that his daughter has become a victim of human sacrifice but police registered no case against the perpetrators.

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> (6) Mrs. Rajkali wife of Ramsagar belonging to dalit community, a resident of Sikari village under Barahsil police station, Allahabad was beaten by the upper caste persons (Brahmins) on 10.7.2010 while she was opposing the perpetrators for not taking away the compost belonging to her family. The victim complained with the police and other authorities, including National Human Rights Commission and National Commission for Scheduled Caste and Scheduled Tribe about the incident about the incident but no action was taken against the perpetrators, then the victim, with the help of Peoples' Vigilance Committee on Human Rights filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (7) Mr. Rakesh Pasi son of Shankar Lal, a resident of Tikara Pipari village under Kaurihar police station, Allahabad district was detained at the police station for whole night, severely tortured and threatened by Mr. Hashimuddin, in-charge of Lalgopalganj police post, Allahabad district on 28.5.2010 for refusing to work as a bonded labor. The victim complained with concerned authorities, including National Human Rights Commission and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (8) Mr. Sanjay Pasi son of Ramkaran Pasi, a resident of Sarai Alam village under Sarai Mamrez police station, Allahabad district belonging to a dalit community, was assaulted and beaten and seriously threatened on 25.10.2010 at the polling booth by upper caste persons, for daring to make his wife Mrs. Shanti Devi, a candidate for the post of village head in the Panchayat election held on 25.10.2010. The victim complained with concerned authorities like District Election Officer and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (9) Mr. Lalchand son of Ramnaval belonging to Chamar community is a resident of Ranipur village under Sarai Mamrez police station, Allahabad district. Mr. Lalchand was a candidate for the post of village head in the Panchayat election, held on 25.10.2010. The influential Yadav candidate forcefully captured the polling booth for fake voting. When the victim opposed it they assaulted, beat and insulted the victim. The victim complained with concerned authorities like District Magistrat, State Election Officer, National Commission for Scheduled Caste and Scheduled Tribe and National Human Rights Commission about the booth capturing and assault on the victim, but no action was taken against the perpetrator.

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> (10) Mr. Gangavishnu son of Ramautar and mr. Kallu Mistri son of Rameshwar Prasad belonging to Chamar community are residents of Dusauti village under Handiya Police station, Allahabad district. It is alleged that upper caste candidates offered money to the above named victims to caste their votes in his favour. But the victim refused to accept the money and wished to cast their votes according to their independent will. But this offence of these victim caused havoc for them. The upper caste candidate pulled the victims out of their homes and beat them, insulted them by using filthy language and threatened them to face the consequences. The victim complained with concerned police authorities about the incident, but neither any FIR was registered in the police station nor any action was taken against the perpetrators.

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> (11) Ms. Guddi, aged about 22 years, daughter of Mr. Jwala Prasad belonging to Chamar community is a resident of Kerwa Ranhor village under Copan police station, Sonebhadra district. Ms. Guddi was sexually exploited by a upper caste person for a long time and when she became pregnant was deserted by her upper caste lover and threatened not to tell about it anybody. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (12) Mrs. Bhagwani wife of Ramesh belonging to Chamar community is a resident of Kamhardih village, Robertsganj. On the date and time when the incident took place Mrs. Bhagwani was pregnant and groaning under the pain of mature pregnancy. At such a time persons belonging to upper caste came to her and asked her to go on work. When she refused they assaulted and beat her mercilessly. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (13) Mr. Biharilal son of Sumer, belonging to Chamar community, is a resident of Ranhor village under Chopan police station, Sonebhadra district. Mr. Biharilal was assaulted, beaten, insulted and abused for the offence that he dared to oppose the indecent comment on women of his community by some upper caste goons on 2.5.2010. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (14) Vinod Kumar Pasi son of Kamla Prasad Pasi, belonging to a scheduled caste community, is a resident of Gothwa village under Sarai Mamerez police station, Allahabad distritct. There is piece of land allotted for the victim's family to construct a room under housing scheme of the Uttar Pradesh state government. It is alleged that the perpetrators, belonging to influential Yadav community, are trying to take possession over the allotted land illegally. The illegal dispossession of the poor family from their land was complained with concerned administrative authorities but nothing was done to stop the perpetrators from their illegal acts. For complaining with the authorities, on 2.7.2010 the perpetrators assaulted and beat the victim for opposing the illegal dispossession from his allotted land. The incident was complained but no action was taken by the police. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (15) Mr. Kashi son of Basawan, originally a resident of Naugarh, Chandauli had been working for last 10 months at the house of Mr. Salim son of Ishahak, a resident of Nai Bazar village under police station Robertsganj, Sonebhadra district. The victim was working for Rs. 1600 monthly wage. On 23.7.2010 when the victim asked for his wage for 10 months, he was beaten, abused and insulted for demanding his due wages. The victim complained with concerned police authorities but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (16) Mr. Ramkewal son of Lalmani from Dhobi community aged about 62 years old is a resident of Arawali village under Robertsganj police station Sonebhadra district. On 23.7.2010 upper caste persons came to the house of the victim and asked for the victim. At that time the victim was not present at his house. The Victim's wife Amarawati told them that her husband was not at home. Then the perpetrators started abusing her husband using filthy language. When Mrs. Amarawati opposed it the perpetrators abused her and beat her. They also tore her clothes and sexually harassed her. Seeing this when her son Vinod opposed it they also beat her son Vinod. When the victim and her family members went to the police station to complain about the incident, the police officer reprimanded them and asked them to leave the police station. Then the victim complained with higher police authorities and National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (17) Mr. Purushottam Chaudhari son of Sahangu Prasad, a resident of Munsafi colony, Robertsganj belonging to a dalit community was assaulted and beaten on 12.5.2010 by upper caste persons for standing his motor bike before the shop of the perpetrators. The victim complained with concerned police authorities about the incident but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (18) Mrs. Mangri kol wife of Taulan Kol, is a resident of Parsauna Khurd village, Ghorawal police station, Sonebhadra district and belongs to a tribal community. On 3.5.2010 some upper caste persons as being drunk came to the shop of the victim and began to sexually harass the victim. It is alleged that the perpetrators dragged the victim inside a house to rape her. But having heard the cries of the victim some came to the place and saved the victim. It is alleged that the perpetrators not being successful to rape the victim they beat her and made her seriously injured. The victim complained with concerned police authorities and National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (19) Mr. Laxaman son of Hiraman, belonging to a Dhobi community, is a resident of Arangi village under Karama police station, Sonbhadra district. The victim is an educated person and works as a Shikshamitra. On 26.4.2010 the perpetrators came to my house and started to abuse and beat my family members. When we opposed it, they demolished our huts and took away the thing from my house and threatened by putting pistol on the head of my father to keep quiet. The perpetrators assaulted, threatened the victim and his family to vacate the possession over the land. The victim complained with concerned police authorities but no action was taken against the perpetrators, and then the victim, with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (20) Mr. Sudhirbabu son of Vikrma Prasad, belonging ot Chamar community, is a resident of Sukrut Tola under Robertsganj police station, Sonebhadra district. The victim and others families have been living for 30-40 years on the land of Gram Samaj by making their thatched huts. On 29.08.2010 at around 10 am scores of upper caste persons came to the place armed with lathis, guns and with a bulldozer and threatened us to vacate the land. They said that they had purchased the land. The victim asked them to show the paper. At this they began to abuse us and to remove our huts otherwise they would kill us under the bulldozer. They demolished out huts with the help of bulldozer and destroyed everything in our houses. They also killed our animals by the bulldozer. The victims complained about the incident with the commissioner and other police authorities. They also complained with the National Commission for Scheduled Caste and Scheduled Tribe but no action was taken against the perpetrators. Then with the help of Peoples' Vigilance Committee on Human Rights, filed a complaint in the Court under Section 156(3) of Criminal Procedure Code.

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> (21) Mr. Rajesh kumar son of Jamuna Prasad is a resident of Ward No. 3, Chaman Ganj under Koraw police station, Allahabad district. The victim is a human rights activist and has been associated with Peoples Watch, Tamilnadu and Peoples Vigilance Committee on Human Rights. Mr. Rajesh kumar, as a human rights activist, has been working for the rights of marginalized and weaker sections of the society. It is alleged that Mr. Rajesh kumar received information on his mobile from Suhas village that some upper caste persons had paraded a dalit women naked and insulted her. On the basis of the information received Mr. Rajesh kumar prepared an application and went to the Koraw police station to lodge his complain about the incident. But due to influence of the perpetrators, the police officer of Koraw police station refused to register the complaint of Mr. Rajesh kumar. When Mr. Rajesh Kumar told the officer that he was human rights activist them Mr. Ashok Kumar Yadav, Sub Inspector at the Koraw police station abused, insulted and threatened Mr. Rajesh kumar and refused to register the complaint.

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> (22) Mr. Shiv Shankar Pasi son of Nanku, belonging to a scheduled caste community, is a resident of J.73/4 Sarai Maswanpur under Kalyanpur police station, Allahabad district. Mr. Shiv Shankar's sister, who was widow used to live at 587D, 2 Drumand Road, Civil Lines. On 25.7.2010 Mr. Balkrishn Tripathi son of Ganga Prasad Tripathi murdered the sister of the victim for money after hatching a conspiracy. The perpetrator, Mr. Balkrishn Tripathi was a broker in selling out a house owned by victim' sister. It is reported that the house was sold out for Rs. 14 lakhs. Further it is alleged that Mr. Balkrishn Tripathi committed the murdered the victim's sister for this money. It is alleged that after committing murder, Mr. Balkrishn Tripathi himself went to the police station and lodged an FIR as claiming himself to be the husband of the deceased. The victim has complained about the facts with concerned higher police authorities and has filed a case in the Court.

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> (23) Mr. Abhayraj son of Ramakant, belonging to Chamar community, is a resident of Mishrapur village under police station Koraw, Allahabad district. Mr. Abhayraj is a student. It is alleged that on 04.05.2010 while he returning to his home from taking both at around 10 am, he was stopped by Mr. Sushil son of Hari Mohan, who is Brahmin, on the way and was force by Mr. Sushil to give his mobile to make a call. When the victim refused to give his mobile to Mr. Sushil then he started abuse and insult her by using filthy language. When the opposed it then Mr. Sushil threatened the victim to kill him. On hearing our voices some other Brahmins men came to the place and beat the victim. When victim went to the police station to complain about the incident, Sub Inspector refused to register the FIR of the victim. Then victim complained with other higher police authorities about the incident but no action was taken against the upper caste perpetrators. In the end, the victim filed a complained in the Court under Section 156(3) of Criminal Procedure Code.

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TESTIMONY OF A DALIT GOVERNMENT OFFICIAL FACING CASTE BASED HARASSMENT & DISCRIMINATION AT WORK PLACE

To,
Prime Minister
Government of India
New Delhi

Subject: re: caste based harassment and discrimination by the dalit government official at the workplace.

Respected Sir,

I bring in bring in your kind attention towards MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd. (A Government of India Undertaking - under Ministry of Commerce) is facing cased based harassment and discrimination at workplace. (Please find his testimony as annexure I)
Therefore it is a kind and humble request to you to conduct high level inquiry in this matter and also provide psycho- legal support to him.
Thanking You

Sincerely Yours

Dr. Lenin Raghuvanshi
Secretary General)
Peoples’ Vigilance Committee on Human Rights (PVCHR)


Testimony

I am MANISH K BAINIWAL working as GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce)

High Caste people's atrocities & discrimination is not only victimising rural & poor dalits (Scheduled Castes & Scheduled Tribes); the unfortunate deeply rooted tendencies to treat the dalits as lower grade citizens are prevalent in highly advanced corporate & bureaucratic society also and equally serious & inhuman as against the rural & poor dalits.

In my case severe harassment is being inflicted against me in the white collar high profile indian society emanating from these practices, where torture goes on unstopped; and my all complaints to various government authorities have so far gone unheard without action to restrain the continuing torture. Due to no action from anywhere on my complaints, conspired harassment & caste hatred & personal harm is being inflicted repeatedly and increasingly.

Members of depressed castes (dalit communities) who come to senior positions in government & public sector organisations after great struggle, are made easy target by the high caste oppressors, like in my case. The casteist elements dominating the bureaucracy at official positions make the life difficult for them and put all efforts to curb their growth through vicious tricks. This inhuman discrimination & harassment is horrible when someone (SC/ST executive) progresses to the senior position at an early age through his hard work, as in my case.

In my case, the torture goes on unstopped despite the case going upto Supreme Court of India & National Commission for Scheduled Castes & also to other government authorities (pending with NCSC since Sep,2008) ; and therefore casteist management led by Chairman-cum-Managing Director of the organisation enjoying full liberty & impunity to effect all sorts of atrocities against a dalit (Scheduled Caste) employee (me) who dared to complaint against the caste discrimination practiced by them.

I work as a General Manager in a government of India organisation & was posted at New Delhi head office till December,2009 and belong to Scheduled Caste category. In my case, I am a victim of the caste based tendencies of the top officers of the organisation, who do not want any dalit (scheduled caste) officer, at any cost, at the controlling positions in the organisation. In fact, in this govt organisation, some high caste top officials are freely acting as the casteist criminals, misusing their high official positions for caste hatred & caste harassment, and therefore they do not allow any SC/ST senior official to work in controlling position at Delhi Head Office of this organisation (either they force such dalit official to sit idle without important work, or they transfer him outstation arbitrarily). This company is in the business of international trade. Due to the influential positions of high casteist officials, there is no check or restraint over their caste harassment practice, by the Ministry of Commerce & Industry, under whom this company operates. So, Ministry indirectly supports this caste harassments.

As I rose to senior levels at an early age and also became the senior most SC officer at the organisation's head quarters, I became the target of their caste hatred generated conspired actions aimed to harm my career. Since I belong to the most backward & helpless dalit community (Valmiki community or scavenger community), casteist oppressors have found me as easy target. People of such castes (considered to be most backward & weakest caste) who come to senior positions after great struggle, are made easy target by the high caste oppressors, like in my case.

I have an excellent service record and also have all the required qualifications (Bachelor of Engineering - Mechanical & MBA) & job experience to handle any responsibility in the organisation. I have also served as I.E.S. (Indian Engineering Services) which is the highest ranked government service for engineers in India . It was due to my performance that in this organisation became General Manager at an early age of 39 years in 2008. Since I attained senior positions (since year 2003-2004), biased management started various mischievous tricks to keep me away from the responsible/controlling positions. They comprise of some top officials of the organisation working like a communal gang or anti-SC/ST gang (led by CMD (Chairman-cum-Managing Director) of the organisation in these acts) and have been using various tricks to create fake & misrepresented grounds to discriminate against me and to cause torture (physically as well as mentally) and humiliations.

Whenever I have questioned these mala-fide actions & plans, they have humiliated & threatened me also pointing out my caste & category; and also harmed me at every opportunity. For last few years, they have made me sit idle without work, in order to implement their caste based conspiracy to dissociate me from this organisation’s business, treating me as untouchable in a government organisation. Such tendencies are the violation of Constitution of India and also SC/ST (Prevention Of Atrocities) Act but these oppressors are freely carrying out these activities against me in open violation of all laws despite being government officials. They have no fear of any law or any government authority and carry out these inhuman misdeeds unabated. Even they forced me to sit/work in a room for many months in the office which was in dangerous working conditions (with seepage affected damaged ceiling / false ceiling) and also dirty & foul smelling due to severe seepage, where the false ceiling fell twice and I escaped only luckily on two occasions. On another occasion, in order to humiliate me and due to their caste hatred they performed "Puja" (religious worship ceremony, aimed to purify something/some place considered to be untouchable & hated) at the place (hall) in the office where I used to sit and to which they/their accomplice officials were shifting and the three high caste officials of perpetrators’ gang were going to occupy the three rooms in that hall; therefore they purified that place by "Puja" because they considered that place as impure & untouchable due to having been used by a harassed victimized dalit officer.

On the same occasion to harass me in the worst way they shifted me from the bigger room in that hall to a smaller room to accommodate a high caste official (of same rank as mine) in the bigger room and also broke open my room to perform "puja" there too. To further harass I was shifted to a room which was even smaller than the adjacent room of my junior. Humiliating publicly and encouraging other employees to humiliate me has been a regular feature. Discriminations & harassment in my official functioning and in my career development is a common thing for them. Freely they have been flouting the rules/laws, misrepresenting the facts, concealing the facts, creating fake documents to create false grounds to harm me personally and to harm my official functioning at the workplace, misusing their influential official positions. But no authority listens to my complaints against this torture & their misdeeds & crimes. This is further painful that the most important government authority in India responsible for protection against these atrocities - National Commission for Scheduled Castes (NCSC), has not given the justice despite time taking repeated correspondence with them and despite being reported about every misdeed of perpetrators. On repeated persuasions, one "Hearing" & further "Police (Vigilance) Inquiry" (by NCSC) have been conducted, but no justice inspite of this because under the unfair influence of perpetrators, NCSC & Police have been trying to twist the case in their favour, ignoring all the facts & evidences of their misdeeds/atrocities. NCSC & Police also keep ignoring the complaints of our organisation’s SC/ST Employees Welfare Association against the widespread caste harassment & discrimination by the said officials (oppressors). Despite directions by National Commission for SC, to (in the Hearing in Nov,2008)

to stop discrimination & to treat me fairly, oppressors did not stop; rather increasingly harassed me and NCSC did not hear & acted on my complaints of further increased harassment. Thereafter, National Commission unfairly tried to close the case, even before getting the Police Inquiry Report, in August,2009 by making unfair non-relevant basis that "there is no violation of reservation & service safeguard rules for scheduled castes" (although my complaint is against the torture, untouchability, harassment & discrimination; and does not pertain to reservation & service safeguard rules). Also surprisingly, this letter NCSC issued through their SSW Wing which does not deal atrocities & harassment matters (hence stands invalid for my case), whereas my matter is being dealt by their other wing (APCR Wing) which deals with atrocities (and is still pending & being dealt without justice and any control on continuing harassment by oppressors).

Against my application for information under RTI Act (Right To Information Act), NCSC & Police did not give satisfactory replies and denied requested information on my case and therefore I had to appeal to CIC (Central Information Commission) to obtain the relevant information & documents from NCSC files. However it clarifies how the protecter of dalits (NCSC) favour oppressors torturing innocent dalit officers and fools the victim by playing unfair tricks with him & twisting his case in oppressors' favour. Also NCSC tried to endorse the false misrepresented statements against me by the accused people instead of considering the facts submitted by me. To my replies on such unfair dealings by NCSC and to my repeated requests to restrain the continuing atrocities, NCSC does not respond. Due to such irresponsible & unfair approach of NCSC, the Vigilance Inquiry by Delhi Police on NCSC's order, to inquire the atrocities has been totally unfairly & one sided, conducted under connivance between police & oppressors. Like NCSC, Police has also tried to ignore, hide & twist the facts related to atrocities and to highlight the false misrepresented statements by the accused. The Police Inquiry was conducted completely according to wishes of the accused people. Police did not inquire on many incidents of hate & atrocities reported by me, like, oppressors unlawfully influencing the police inquiry by forcing the SC/ST/OBC employees to sign statements in their favour in the form of Commendation Certificates (I & also SC/ST Emplyees Association of our organization reported this incident to police alongwith the documentary evidences, but police unfairly ignored this every time). I have sent the appropriate reply (objections) to the NCSC exposing all this improperness & unfairness in the police inquiry & the oppressors misdeeds/atrocities left uninquired by the police, but police could not reply till date & misrepresent the facts repeatedly according to the wishes of perpetrators (police keep sending only false & divergent replies). Police has not filed the FIR till date. In fact Police is acting as one of the oppressors, instead of being inquiring or law enforcement agency. Matter is still with NCSC and investigations are in progress by NCSC's APCR Section, but no justice even after more than 2.5 years of my complaint. Encouraged by the situation of no justice from anywhere, management has issued transfer order for my transfer from Delhi to Hyderabad on 4.12.2009 ( Hyderabad is 1700 km away from Delhi with 28 hours rail journey). For the transfer they chose the occasion when my daughter & myself were ill and issued the transfer order without relieving order in violation of Government rules. I had no option but to file a court case in Delhi High Court, with the hope that indian judiciary is free from bias and will get justice. However I faced indifferent attitudes there too. I did not get Stay or Abeyance on harassment transfer. High Court rejected the stay on the basis of false grounds given by the management (oppressors) that I have been relieved (in fact I was not relieved which was informed to court under my writ petition but court did not notice this fact & also did not notice the facts of caste harassment & discrimination and the fact that I was transferred in total discrimination since other high caste officers of my rank are never transferred out of station & oppressors have been misusing the situation of the organization having no transfer policy to harass mostly SC/ST employees, by arbitrary transfers. Also High Court did not notice that I was transferred illegally during the pendency of the NCSC investigations against perpetrators).

I joined the transfer in March,2010. Before that I was on medical leave since the transfer. Fearless of any law of the country, casteist management continue using the various harassment methods and tactics to spoil my record. In disregard to any law I am posted at Hyderabad branch without my requirement there since there is no work there & also adequate resources/staff/office items for the work are not intentionally provided by oppressors with the aim to harm my official functioning there too and hence to harm my service record. Also a senior officer of GM level is not required at all there but still I was transferred and court did not notice this fact too. Obviously that place (Hyderabad office) is maintained by the casteist management as a place, exclusively for harassment of dalits, as all employees posted there are dalits & OBC ( 3 are SC/ST and 1 is OBC); also that place being maintained in shameful conditions without basic facilities required for executives (due to perpetrator's intentions of harassment & humiliation). I have also experienced the legal system of India and worried how legal system will help which has the highest responsibility to provide justice without any partiality and who are called "my lord" only because all should be equal for them............!! One of the high court judge even resorted to biased discriminatory behaviour in the court hearings even made casteist remarks. So, the Judge himself acted as perpetrator. I have complained against him in the Ministry of Law & Justice and action on the complaint is pending. To know about the action taken on my complaint against the judge, I had to go upto CIC under the RTI Act, where CIC directed the CPIO (Central Public Information Officer) of the Ministry of Law & Justice, to forward my complaint to the concerned authorities. Even after no action informed to me, after the CPIO/Deptt of Justice forwarded my complaint to Chief Justice of Delhi High Court for action.view by him; hence, I had to again send RTI Appeal to CIC against the public information authorities of both (Deptt of Justice & Delhi High Court).After I did not get the justice due to insensitiveness of judiciary at high court, I went to Supreme Court but did not get justice from there, where my grievances of discrimination & caste harassment remained unaddressed; and court did not notice arbitrariness and misuse of their official position in the Government by the oppressors. In the process and Supreme Court’s decision not going in my favour, casteist management has got highly encouraged to take the revenge for court cases & complaints, by torturing me by all sorts of conspired harassment actions.

They are bent upon to spoil my service record and to implicate me in false & fake charges ; and there is nobody whom I can complaint against this inhuman harassment & atrocities (atrocities - in return of my long dedicated performance for the organisation/government). Under the circumstances, I am forced to be kept transferred at the far-off place from my family, for the whole life, since there are no transfer rules / transfer policy in this organisation and casteist management misuse this position to victimise the selected employees (mostly SC/ST employees on proportional basis) to transfer them for their whole service period; and no court of law asked them on this irregularity & arbitrary functioning); and also I am exposed to further unlawful arbitrary revengeful torture under this situation. The Question is:- When the qualified & well income people & high officials can not get justice from anywhere and casteists enjoy the full liberty to torture them even in the government organisations based in the Capital of India, how the poor & weak ordinary dalits will get justice and from where ?
After Supreme Court decision on 5th July,2010 oppressors got highly emboldened and started repeated harassment actions like they have the license to harass me. Repeated harassment, like, not sanctioning my medical leaves; withdrawing my statutory delegated powers for sanctioning my tours; causing heavy financial losses by reducing my PRP(performance related pay) by forcibly downgarading my performance by cutting off inputs required for work/performance (like - staff, office equipments, official tours, trainings, proper work allocation etc), denying the relevant trainings; denying the officially required information for my official functioning; making my subordinates work against me; unfairly not considering my claim for the vacant position recently created at my home town station (Delhi) & unfairly giving charge of that position to other high caste official unlawfully without any office order and also creation of fake documents for that purpose; creating fake documents to unfairly deny me the essentially required trainings; & serving the memo with fake charges ; not writing my CR for year 2009-10 till date (not sending to me self-appraisal form or such other part of CR to be filled/signed by me), denying the essential resources for my official functioning, like- staff, furniture, office equipment hence forcing to work in a shameful working conditions with rotten & broken furniture in insufficient quantity, despite being an international trade company requiring highest standard ambience / facilities / furniture which it is in fact maintaining in other office premises but denying to my office due to caste hatred; also forcing such sub-standard conditions for official dormitory in Hyderabad by denying facilities & upgradation.
In fact oppressors maintain this branch office only for harassment of SC/ST/OBC employees posted here not for organisation's business/benefit, since all 4 employees posted here are only SC/ST/OBC; hence these casteist bureaucrats are practicing caste harassment by maintaining exclusive harassment/torture places using govt funds (all posted out of station with no limit specified for their transfer period in the absence of transfer policy/rules, hence harassment postings for all).

Ministry of Commerce & Industry, which is the controlling Ministry of this organization, has been regularly informed on the repeated caste harassment taking place but they have never exercised any restraint / check over the casteist oppressors. Ministry has the duty to check such inhuman caste discrimination in the organizations working under them, but in this case of caste harassment they only act as mute spectator, and hence indirectly support oppressors.

Recently I filed the court cases in Delhi High Court against the casteist officials' extreme unlawful harassment action of making my medical leave unauthorised, deducting my salary on this false ground, stopping my due annual increment & serving memo with fake charges; Court has served notice to them and has asked them to submit their counter reply. (In the latest CIC order dt.31.12.10 against my RTI application dt.7.7.10 for knowing the reasons for delay in sanction of my medical leave, CIC has ordered the oppressors to allow me the inspection of their records because they were denying me the information sought under my RTI application) . Despitr CIC order,accused officials again denied the inspection of records requested by me during my leave in Delhi in 17-21 January,11, due to which I had to again send the RTI Appeal to CIC on 19.1.11. I could inspect the records during my leave but, in order to michievously deny inspection, oppressors asked me to inspect after this period and at the same time also sent some documents (stated to be information required under my RTI appeal/application), which were not complying to RTI requirements). Also in my RTI appeal dt.19.1.11 I have requested CIC to impose penalty on them for intentional harassment to me in RTI matter & for violation of RTI rules.
Again on 15.4.2011 the oppressors, denied required information against my RTI application dt.18.3.11, where I sought the relevant information after I was heavily harmed financially by unfairly & mischievously reducing my PRP (performance related pay) in Feb,2011 by unfairly reducing my CR Rating ; Again I had to send the RTI Appeal.

I wait how court will decide this time ! I am fighting against the harassment in the court and hope one day I will get justice (though so far I have experienced that judiciary is insensitive in the caste atrocities matters and treats victim/complainant like culprit and oppressor like complainant). The case given here is only in brief. In fact there is a long list of irregularities, misdeeds, falsifications, misrepresentation, inventions of false grounds, concealments committed by the oppressors (casteist management), from which courts, SC Commission & authorities have constantly turned a blind eye. This can be explained through detailed discussions or through documents.

This is an international trade company of Govt Of India where I work. And during my service there I gained expertise in handling the company's business (although always made to work with the minimum possible resources & facilities & support due to general attitude of caseist people against SC/ST) and therefore, was getting in the line to reach the controlling positions of the company in due course of time. This is the reason, conspiracies & harassment started by casteist CMD & his accomplices to prevent such prospects for a Dalit, at any cost.

In this company no other high caste officer of my rank or above has been transferred outstation second time. In fact except some rare exceptions all of them are never transferred through out their service. But I have been transferred second time. Earlier I was transferred to Chennai (in 1998). Only one other SC GM (now CGM) in this company was also transferred outside Delhi earlier. I have been the senior most SC (dalit) officer at Delhi HQ with further scope of growth which was not tolerable to casteist management officials, hence they conspired to harass & harm me.

In fact these casteist official’s approach of discrimination & harassment against me has now taken the form of my destruction, as nobody in the whole system checks these inhuman abuses.I need justice against the continuing unchecked inhuman caste hatred motivated torture & harassment.

You can contact him on: -
MANISH K BAINIWAL,
GENERAL MANAGER, PEC Ltd.(A Government of India Undertaking - under Ministry of Commerce),
Ph. 91-9701698882, 011-65152998
Email Id: bainiwalm@yahoo.co.in