After four decades, justice still eludes retired bank employee

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Four decades after he was wrongly removed from service on a false charge of misappropriation, a 70-year-old retired bank employee’s fight for justice against the Madhya Pradesh Government has come to a naught after the National Human Rights Commission (NHRC) has refused to pursue his complaint against the State.

He had accused the MP Government of allegedly fudging documents to deny his re-instatement and monetary relief.

The complaint against Nirmal Kumar Jain, a former employee of Kendriya Sahkari Bank, MP was of misappropriating Rs 5,000 way back in 1976. Jain claimed it was a false charge foisted on him as a punishment for opposing the Emergency in 1975. He was proved right in 1993 when the trial court acquitted him of all charges. But, the bank neither reinstated him nor paid him the monetary benefits accruing to him, thus forcing him to approach NHRC.

Moved by the plight of the 70-year-old Jain, successive chairpersons of NHRC have given him personal hearing, the latest being on May 22, 2017 with present Chairman Justice Hl Dattu. Jain was aggrieved by the fact that despite NHRC Secretary General PC Sen ordering the state government on December 28, 2001 to produce documents that disprove Jain’s claims for monetary relief, the state did not respond. Several reminders

were written by NHRC but to no avail. Finally, on October 4, 2012 Commission closed the complaint.

“I have written a letter to the President, Chief Justice of India and Chief Vigilance Commissioner complaining about the decision of NHRC,” said Jain, who is waging a lone battle to restore his lost honour.

“I made regular visits to Commission and got favourable responses in 1997-98 and again in 2000 from the then Chairperson of NHRC who asked the MP Government to consider my complaint. Since the order of December 28, 2001, I made regular follow-up with the Commission. On each occasion I was told that the matter is being followed up,” Jain told to The Pioneer.

Even the NHRC’s decision to close the complaint was not communicated to him. It surfaced on an application filed by Jain under Right to Information Act(RTI) to know the status of his case. The NHRC in its response dated April 13, 2017 disclosed that on October 4, 2012 it had closed the case stating, “No action is called for.” Even the old case files were physically weeded out. Jain is not satisfied. He said, “The MP Government must respond to the Commission and without that, the Commission should not close the complaint.” He pins hope on the Commission to reconsider its decision.

Daily Pioneer
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