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Saturday 23 February 2013

satyendranath dubey


Satyendra Dubey (1973-2003) was a project director at the National Highways Authority of India (NHAI). He was murdered in Gaya, Bihar after fighting corruption in the Golden Quadrilateral highway construction project.
Satyendra Dubey, the son of Bageshwari Dubey and Phulamati Devi, was born at the village of Sahpur in the Siwan district of Bihar, India. The family of five girls and two boys subsisted on a small piece of land, and Bageshwari also held a low-paying clerical position in a nearby sugar mill.Until the age of 15 he studied at the Gang Baksh Kanodiya High School in Sahpur and then joined junior college at Allahabad, about three hundred kilometers away.He was admitted to the Civil Engineering Department of IIT Kanpur in 1990,graduated in 1994. Subsequently, he did his M. Tech (Civil Engg.) from Indian Institute of Technology (BHU) Varanasi [1] in 1996.
Exposing Corruption
The GQ project had strict controls to ensure that the construction work would be carried on by experienced firms with proper systems. A second independent contract was given for supervision of the project. However, Dubey discovered that the contracted firm, Larsen and Toubro, had been subcontracting the actual work to smaller low-technology groups, controlled by the local mafia] When he wrote to his boss, NHAI Project Director SK Soni, and to Brig Satish Kapoor, engineer overlooking the supervision, there was no action] According
to the police's First Information Report (FIR) after his murder, Dubey had been facing several threats following his action against corruption at Koderma. A subsequent FIR filed by the Central Bureau of Investigation (CBI) named both Soni and Kapoor. In August 2003 when he was transferred to Gaya, a transfer which he opposed since he felt that it did not serve the interests of NHAI. At Gaya, he exposed large-scale flouting[ of NHAI rules regarding sub-contracting and quality control. At this time he took a departmental test and was promoted as deputy general manager, which made him eligible to take charge as project director. Since there was no project director's post in Gaya, he was likely to be posted to Koderma soon. There was widespread sentiment (based on their pattern of operation), that the criminal nexus, opposed to having him as director, may have been behind his murder.
Letter to the Prime Minister
Meanwhile, faced with the possibility of high-level corruption within the NHAI, Dubey wrote directly to the Prime MinisterAtal Bihari Vajpayee, detailing the financial and contractual irregularities in the project. While the letter was not signed, he attached a separate bio-data so that the matter would be taken more seriously. Despite a direct request that his identity be kept secret and despite the letter's sensitive content, accusing some of Dubey's superiors, the letter along with bio-data was forwarded immediately to the Ministry of Road Transport and Highways. Dubey also sent the same letter to the Chairman of the NHAI. Soon Dubey received a reprimand: the vigilance office of NHAI officially cautioned Dubey for the impropriety of writing a letter directly to the Prime minister. In the process, through connections in the NHAI and the Ministry.
The letter said the NHAI officials showed a great hurry in giving mobilisation advance to selected contractors for financial consideration. "In some cases the contractors have been given mobilisation advance just a day after signing the contract agreement."
"The entire mobilisation advance of 10 per cent of contract value, which goes up to Rs 40 crore (USD 10 million) in certain cases, are paid to contractors within a few weeks of award of work but there is little follow up to ensure that they are actually mobilised at the site with the same pace, and the result is that the advance remains lying with contractors or gets diverted to their other activities," it said.
Dubey also highlighted the problems of sub-contracting by the primary contractors like Larsen and Toubro.
"Though the NHAI is going for international competitive bidding to procure the most competent civil contractors for execution of its projects, when it comes to actual execution, it is found that most of the works, sometimes even up to 100 per cent are subcontracted to petty contractors incapable of executing such big projects," he said. "A dream project of unparalleled importance to the Nation but in reality a great loot of public money because of very poor implementation at every state." wrote Dubey. Finally, he ends: "I have written all these in my individual capacity. However, I will keep on addressing these issues in my official capacity in the limited domain within the powers delegated to me," the letter said.
Murder and aftermath
On November 27, 2003, Dubey was returning from a wedding in Varanasi, and called his driver to meet him at the station. He reached Gaya railway station at three in the morning, and found that the car was not able to come because of a battery malfunction. It appears that at this point Dubey decided to take a rickshaw home. When he didn’t reach home, his driver went to look for him and found him dead by the side of the road in the suburb of A.P. Colony. He had been shot. The news ignited tremendous public hue and cry. The matter was raised in Parliament, and the Prime Minister shifted the onus of investigation from the Bihar Police (who might themselves be implicated), to the CBI. The CBI registered a case against unknown persons under 120-B (criminal conspiracy) and 302 (murder) of Indian Penal Code and various provision under the Arms Act on December 14, 2003.
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