The So called ‘Rail Neer Scam’ has become now very shameful for the Govt.

A false case was registered against two senior IRTS officers Sandeep Silas and M. S. Chalia by CBI

These were handpicked for victimization on grounds best known to the DA/Minister Suresh Prabhu

Every time the discretion of the DA has been used from suspension to sanction of prosecution, Why?

The role of CMD/IRCTC Dr. A. K. Manocha and his officer A. K. Jain is utmost questionable in this case

Suresh Tripathi

Ministry of Railways, on March 15th 2017 communicated prosecution sanction against two senior IRTS Officers named Sh. M. S. Chalia and Sh. Sandeep Silas, to CBI in a case, on which CVC has twice communicated to Ministry of Railways that ‘no case is made out to sanction prosecution and the cases of both officers are NOT fit for RDA’ (Regular Departmental Action).

The entire story of so called ‘Rail Neer Scam’ has become now very shameful for the Government of India, where two of its senior officers were handpicked for victimization on grounds best known to the Disciplinary (Competent) Authority that is Minister for Railways.

On a complaint from the CMD/IRCTC to CBI against Mumbai Central & Western Railways (should not have been sent to CBI in the first place and instead Railway Board should have been approached), CBI conducts some Raids on Rajdhani & Shatabdi Trains on August 22, 2014.

A false case is registered against two senior officers Sandeep Silas and M. S. Chalia of Northern Railway by CBI.

Tenure up to this date of Sh. Sandeep Silas was merely 81 days (on a leave vacancy), despite which CBI found it fit to include his name, which smacks of a conspiracy at the first instance even to a layman.

Suddenly, on October 16th 2015 both officers’ official and residential premises were raided for over 12 hours with constant instructions to the Inspector leading the raid, ‘Kuchh bhi nikaal kar lao’. (The Inspector’s conscience later led him to come and apologize to him this January 2017, admitting that somebody above him was grossly wrong and pursuing some hidden agenda. Forgive me Sir, for quoting what he said. In his words, ‘Hum to randi ki tarah kaam kartey hain, galat ho, nahin achchha lagey, phir bhi karna padta hai.’ They forgave him for he still was fair and displayed a conscience despite his small level in the hierarchy.

Nothing incriminating was found at any of raided premises as their life and career have been clean and this is known to the senior-most bureaucracy of India, past and present. (Whatever miscellaneous documents etc. and other belongings which were seized by CBI have now been returned without any objection from them as not being related to the case.)

The Competent Authority (Minister for Railways in this case), tweets an advance suspension on October 16th 2015 even before the raid is completed (everyone knows that the then Member Traffic Shri Kundan Sinha was pressurized by his honourable superiors to sign that order against his conscience and will.)

Both officers were called to CBI HQ on Saterday, October 17th 2015 for a discussion with the then and so infamous DIG and without his meeting them, they were communicated an arrest at late night.

Six days of Police Custody and horrible 11 days of Judicial Custody follow, which ruined both officers’ life and reputation beyond repair and which subjected them to mental torture, abject humiliation, despair and brought them at the doors of death in a world inside Tihar Jail where multiple murder convicts were housed with them.

CBI files Charge-sheet in Court on December 18th 2015 without prosecution sanction, despite it being a mandatory requirement and relevant case of law and Supreme Court rulings being available. It was merciless flouting of rules, procedures and the law of the land.

When the CVC communicated its agreement with Railway Board Vigilance on File No. 2015/V-2/ NR/Traffic/ 26/CBI in late April 2016 that no case is made out to sanction prosecution and the cases of both officers are NOT fit for RDA, it was so surprising that the file remained with the Competent Authority (Minister of Railways) for five months at a stretch in his office in 2016 (the file movement records shall prove it) and in the fifth month the Railway Board Vigilance was pressurized to send it again for second opinion to CVC and also to CBI.

The statutory provisions of the CVC Act were ignored blatantly that CVC is the superintending and monitoring Agency above CBI, and when CVC has examined and given its recommendation, a case cannot be sent back to CBI too as if both are equal in the constitutional framework. At best it deserved a second advice from just CVC (which was given later by CVC).

Now, CVC reiterates its position that there is no case, but CBI (which was expected) tries shamelessly to refute the Railway Board Vigilance letter No. 2015/V-2/ NR/Traffic/ 26/CBI dated December 13th 2016.

The Competent Authority (Minister for Railways) ignores the Railway Board Vigilance findings on file, the two times CVC recommendations and records a prosecution sanction basing his views on his whim and fancy.

In a Constitutional India, there would be no need of a statutory body like CVC if prosecution sanctions against civil servants are to be based directly on CBIs insistence. All know it that this could lead for a free for all situation where any civil servant can be subjected to untold victimization.

All the letters quoted above are available and placed on the CBI Court No. 3 PH file by CBI itself.

The case in question was not sent to DOP&T for a final decision and view,  despite a disagreement between the CVC and DA as is mandated by GoI. This is when we believe recommendations exist in writing on the file that it should be sent to DOP&T’. It is all being done in so much hurry and prejudice. It is learnt that One higher up again pressurized the Establishment Directorate of the Railway Board to issue the prosecution sanction and not send it to DOP&T (dealing officers shall testify if called for).

The role of the CMD/IRCTC Dr. A. K. Manocha and his one officer A. K. Jain is utmost questionable in this case and CBI should now be directed to investigate their dealings within IRCTC, which are not honest and fair. A lot of complaints and record is available against Dr. Manocha in many cases of flouting guidelines and procedures  (what to say more) in Railway Board files in some cases, which can be unearthed in an Enquiry.

Both officers’ Track Record and all the correspondence between the Railway Board and CVC is available with the ‘Railway Samachar’ including the D.O. letter to Cabinet Secretary, Government of India.

Every time the discretion of the Disciplinary Authority (DA) has been used from suspension to prosecution sanction (I’m not saying that this is being misused due to fear of power that be and for further unleashing of victimization) and Railway Board Vigilance & Central Vigilance Commission (CVC) reports and recommendations ignored, which are based on detailed Enquiry and available documents, with proper application of mind.