Tragic Murder of Late S.K.Dubey Dy.G.M. NHAI
Response of the Govt. of Bihar to the Advertisement by the Ministry of Road Transport & Highways

(as appeared in The Indian Express, dated 17th December 2003)




It has been brought to the notice of the Govt. of Bihar that the Union Ministry of Road Transport & Highways and the National Highways Authority of India are attempting, through advertisements in the print media, to distort the facts in respect of the tragic murder of late S.K. Dubey, Project Manager, NHAI at Gaya and also to prejudice the impending CBI investigation in the matter. The State Govt. is therefore constrained to place the facts in their correct perspective. In its advertisement published on 15.12.03 at huge expense, the Union Ministry of Road Transport & Highways has assumed the; role of plaintiff, judge and executioner by framing questions and providing to them self-serving and convenient answers that are far removed from the facts and circumstances of this tragic and ghastly incident.

By mentioning the letter written by the Mos RT&H to the Bihar govt. it has been sought to be established that the state govt. did not provide security and assistance in the project and that the murder of late S.K. Dubey was a result thereof. The factual position in this regard, as shown in the fo11owing chart, is that the state govt. took prompt action on all issues raised by the MoS, security being one of them.

Points raisedAction taken
1. Assault and vandalism on the site of Ms. Oriental on 30 January 20032.
2. Burning of a Jeep in Madanpur crusher plant, theft of wireless sets and vandalism on 31 January 2003
Criminal cases were registered and 3 culprits have been arrested. The DIG of Police Gaya personally visited the concerned sites, ensured prompt action in the cases and revised the security arrangements.
3. Demand for 10% percent levy by Peoples War Area Committee and threat to blow up the premises of Ms. LG
4. Threats, assault on staff and damage to vehicle of Ms. Somdutt Builders NCC on 28 April 2003
Criminal cases were registered and culprits were arrested. The Zonal IG of Police Patna personally visited the concerned site, ensured prompt action in the cases and revised the security arrangements.
5. Request for grant of mining rights to Ms Oriental to solve the problem of non-availability of stone chips.The mining lease at Paharpur was auctioned in favour of Ms. Oriental on 14.7.03. The lessee produced their documents on 22.8.03 and the agreement was signed by the DM Gaya on 28.8.03. The Ministry of Forest & Environment, Govt. of India, Bhubaneshwar has been requested by the Govt. of Bihar for clearance for the actual mining which is still awaited from the Govt. of India.
6. Request for permission for felling of trees in work areas IVA and IVCPermission to fell the trees was accorded on 19.7.03 as soon as the compensation amount of Rs. 1.207 crores was paid by the NHAI on 5.7.03.
7. Removal of electric poles in work areas IVA, IVB and IVCOut of 675 poles required to be removed, 625 have already been removed. In respect of 35 poles on Sasaram by-pass (package IVC), the alignment of the proposed road has not been clearly demarcated and informed to BSEB officers.

The Golden Quadrilateral project has been accorded top priority by the State Govt. which has extended full support and assistance in all matters, including security. Requests for security have been entertained as far as possible. From the very beginning of the; project work, senior officers of the state administration have maintained close liaison with NHAI representatives and met with them regularly to address their problems. IG (Operations) from Bihar Police Headquarters, Zonal IG of Police, Patna, Divisional Commissioners of Patna and Gaya, Range DISG of Police Gaya and Rohtas, and the DMs and SsP of the concerned districts have reviewed the security and other requirements of the NHAI project and taken steps to ensure the fullest cooperation and support. To coordinate and facilitate the solu1ion of different problems which the executing agencies might face during the project the State Govt. has nominated one of its senior-most officers the Development Commissioner Bihar, as the: Nodal Officer and he has held coordination meetings with Chairman, NHAI, senior officers of NHAI and representatives of the various contractors. During the first such meeting in August 2003, Zonal IG Patna had apprised all present with the security arrangements made by the State Govt. and the steps taken by the police in the few stray incidents which has taken place.

As far as security is concerned, several persons engaged in the project have been provided with individual security. At some p1aces, armed security guards have been stationed at the disposal of the site manager. There is an open and standing offer to the NHAI staff and the contractors’ staff to request for more security on payment basis, as is the usual practice, whenever they feel the need. However, no such request has been received from them, which bears evidence of their satisfaction with the existing security arrangements.

The following chart would show that more than one hundred security personnel and 6 armed patrolling parties are deployed for the security of the project sites and the personnel working therein:

DistrictSecurity provided
Gaya2+9 and 2 PSOs at Amas
2+8 and 1 PSOs at Sherghati
3 men and 2 PSO at Gaya
4 armed mobile patrolling units
Aurangabad1 +4 at base camp near Mufassil PS
Rohtas1 Officer & 1+4 armed party at Sasaram
1 Officer & 2+8 armed party and 1 PSO at Chenari
1 Officer & 2+8 armed party and 1 PSO at Mungrain
Kaimur (Bhabhua)2+8 and 2 patrolling parties and 2 PSOs at Kudra (Panchgokhri)
1+4 at PCL Co. at Durgawati
25armed men (on payment basis).

Late S.K. Dubey addressed a letter to the Prime Minister of India which was received in the PM's office on 11th November 2002.Though the letter was unsigned, it clearly mentioned that the particulars of the author were enclosed and the enclosure clearly gave out late S.K. Dubey's name. In this letter, already published in the Indian Express dated 6th December 2003, late S. K. Dubey had stated that he is writing "after careful thought by a very concerned citizen of the country who, is also very c1osely linked with the project. I request you to kindly go through my brief particulars (attached on a separate sheet to ensure secrecy)".

The highlights of his letter to the Prime Minister of India were as follows:

Salient points of the letter of Late S.K. Dubey to the Prime Minister of India

This letter was sent in a routine manner to the Ministry of Road Transport & Highway and from there to the NHAI, the very organization whose ills late S. K. Dubey wanted to expose. To make matters worse, even the enclosed paper containing his identity was sent to the NHAI in utter and callous disregard of Late S. K. Dubey's fervent plea to keep his identity confidential.

In his subsequent letter late S. K. Dubey said that "due care has not been taken to maintain the secrecy of my identity and even the separate sheet containing my identity has been forwarded to the concerned authorities. As a result, my identity has been leaked and most of the officers in NHAI (my present organization) and Ministry of Road Transport and Highways (my parent organization) and even outside people associated with the profession know that the representation was made by me… Sir, you would appreciate that this disclosure has exposed me to undesirable pressures and threats."

IMPORTANT FACTS REGARDING PERSONAL SECURITY OF LATE S.K.DUBEY

On receipt of the letter of late S. K. Dubey, the NHAI, instead of launching positive and substantial action on the vital issues raised by late S. K. Dubey in his letter, chose instead to issue him a reprimand for having brought the facts to the notice of the Prime Minister's office. This was an obvious attempt to throttle the voice of an honest and upright officer who was only trying to correct the ills and stem the rot in his organization.

The murder of late S. K. Dubey is not related to the law & order condition in the state of Bihar, but appears to have been occasioned by the disclosure of his identity as the author of the letter which exposed the rampant malpractices and loot in the Union Ministry of Road Transport & Highways and the National Highways Authority of India. In this context, it is relevant that when late S. K. Dubey addressed his letter to the NHAI and the Prime Minister's office, he was posted in the territory of Jharkhand state.

Immediately after the ghastly incident, the state Govt. of Bihar, of its own accord, referred the case to the CBI for investigation vide Govt. of Bihar Home (Police) department Notification No.11812 dated 8th December 2003.

The Union Ministry of Road Transport & Highways and the National Highways Authority of India are trying to distort the facts relating to the tragic murder of late S.K. Dubey with the sole purpose of covering up the ills and malaise rampant in the organization, and the fact that, late S. K. Dubey was exposed to "threats and pressures" due to their callous disregard of his request to keep his identity confidential.


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