Non-Application of Mind by then Rly Minister!
Sanction Order of Railway Minister being wholly unsustainable
M.S.Chalia and Sandeep Silas clearly discharged without any charge
NEW DELHI: Delhi High Court judgement on Rail Neer scam case sanction of prosecution of then Railway Minister Suresh P. Prabhu against two senior IRTS officers (M. S. Chalia and Sandeep Silas) set aside on 15.03.2019 and said that the action was of non-application of mind and cannot be sustained in 4 Petitions under section 482 of CrPC 1973… CRL… M.C.5094/2017 etc.
Petitioners are Senior Government Officers of Railways, holding the post of Chief Commercial Managers, were alleged by CBI in FIR-RC-DAI-2015 under section 120B, read with section 420 of IPC and section 13(2) r/w section 13(1)(d) of PC Act. FIR registered on 14.10.2015 and both Officers suspended on 16.10.2015.
Alleged that Railway Licensees were supplying other brands of packaged drinking water (PDW) instead of Railways own Brand RailNeer, which caused heavy loss to Railway. Despite being aware of default on part of licensees, both Officers did not take Punitive Action against them and continued to release their payment.
CBI filed charge sheet on 16.12.2015 without the sanction of prosecution from the Ministry of Railways. The Suspension Review Committee of Ministry of Railways decided not to continue the suspension of both Officers as the matter had been referred to CVC for its advice, with recommendations that the case was not fit for prosecution in any court of law or even for Regular Departmental Action. It had specific approval of Railway Board.
The CVC, on 02.05.2016 gave its opinion stating that no case was made out for grant of Sanction for Prosecution of Petitioners. On 16.06.2016 CBI requested Railway Board to share reasons for not granting Sanction.
On 18.10.2016 Matter along with the decision of CVC advising non-grant of Sanction was put up to Minister of Railway who sought the advice of CBI on it. Matter again referred to CBI and CVC both. On 02.11.2016, CVC reinforced its earlier advice on 02.05.2016. File kept waiting for the decision, due to Court’s interventions Sanction Authority granted Sanction on 14.03.2017.
Both Officers knocked the Highest door of Cabinet Secretary for violation of DoPT OM by CBI. Even CVC sought clarification from Railway, whether DoPT OMs were followed in this case while granting Sanction of Prosecution?
In the light of the admitted position that the Sanctioning Authority has issued the Sanction Order in total disregard of CVC’s advice without any reference to the DoPT, the said Order, besides suffering from Non-Application of Mind, is also Contrary to the OMs dated 15/17.10.1986, 06.11.2006 and 20.12.2006 and, thus cannot be sustained.
Sanction Order of Railway Minister on behalf of President of India dated 14.03.2017 being wholly unsustainable is hereby quashed. The subsequent Order dated 01.07.2017 passed by learned Trial Court taking Cognizance against Petitioners, are also set aside.
Kindly refer old story in this matter- “The So-called ‘Rail Neer Scam’ has become now very shameful for the Govt”
Can also be referred another report- “Railway thinks all CVC officers and the CVC himself to be fools to have raised such an objection!”