The clearcut conflict of interest the illegal Rail Neer case has become a dirty picture

“Deliberate malafide and mensrea of officers with vested interest in pursuing the illegal Rail Neer case against Sandeep Silas despite the High Court of Delhi Judgment dated 15 March 2019”

The main kingpins who started the false, motivated, illegal and fabricated case against Sandeep Silas and continued with the malicious prosecution were Dr. A. K. Manocha Retd. MD/IRCTC; former CRB A. K. Mittal (now dead), and his attached ED(CC) Sushant Mishra.

The case originated in the power play and ambition of A. K. Manocha and A. K. Mittal who were seeking and playing ‘extension in service’ politics. Sushant Mishra (one-year junior to Mr Silas in IRTS), as an interested player was always playing ‘position’ politics from behind the scenes.

Mishra was youngest in his Batch and Silas a meritorious and highly decorated officer with vast experience of working in eight Ministries of GOI. This explains the many wrong turns and inordinate delays the case has taken right from its inception and why Mr Silas have to kept out of reckoning still.

Both, A. K. Mittal and Sushant Mishra succeeded in deriving their advantages from the malafide and illegal case foisted upon Sandeep Silas. Former CRB Mittal got a two-year tenure after retirement and Mishra the positions he was vying. They kept on wrongly advising the then Minister of Railways (MR) and kept on blaming the illegalities on the then MR for public consumption.

It is a fact that:

1. Tenure of Sandeep Silas in that post on a leave vacancy, as per CBI, was only 2 months 21 days

2. The arrest was illegal and some high-up authorized it from Railway Board without bothering to first institute an Enquiry

3. The Suspension was done on Twitter without any Enquiry

4. Railways did not initially check the fact that production of Rail Neer was merely 25-30% of the demand and there was neither any stock on hand nor any loss to IRCTC (admitted fact in High Court of Delhi).

5. CRB Ashwani Lohani’s Note dated 2nd July 2018, later filed in High Court on Affidavit and quoted in Judgment, clearly accepts the department’s illegalities and recommends withdrawal of prosecution sanction.

YET, Prosecution Sanction was granted against Sandeep Silas and M. S. Chalia on 14.03.2017, DESPITE the following clearances and in total disregard of CVC:

i. Three Board Members (ex-officio Secretaries to Government of India) clearance dated 07/ 08.04.2016 endorsed by CRB and also approved by the then Minister of Railways, which clearly stated- “As regards the sanction for prosecution, the case has been referred to CVC with the recommendation that the case does not merit prosecution in any court of law or for that matter, even a regular departmental action”.

ii. CVC Clearance vide ID No. 1517/RLY/27/313474 dated 02.5.2016 recommending “No case is made out” and case “not fit for RDA”.

iii. 2nd CVC Clearance vide ID Note dated 02.11.2016 reiterating earlier stand of CVC dated 02.05.2016.

iv. Detailed Railway Board (Vigilance) clearance Vide Letter No. 2015/V2/NR/Traffic/26/CBI dated 13.12.2016 to SP/CBI.

Now, DESPITE the High Court of Delhi Judgment of 15th March 2019 (QUASHING the illegal prosecution sanction of 14.03.2017 and SETTING ASIDE the Cognisance order of Trial Court of 01.07.2017), it is SIX MONTHS since the Judgement, and the file is being deliberately delayed at every level by Sushant Mishra who has managed to sit in the seat of Secretary, Railway Board, by his manipulations and manoeuvrings.

In a recent case of HAG appointments, he manipulated the promotion orders by promoting the sixth in line and ignoring the seniors. He is in the habit of brow-beating officers and in every likelihood might do the same, and collude with some other interested officers / outside Agency to further delay the case to suit his own interest to a point where the career of fellow officer (already at a dead end) because of his maliciousness, comes to a complete halt.

Sandeep Silas was the only contender for some higher posts in the Railways had this illegal case not been foisted upon him and the INVALID Prosecution Sanction not issued against him in March 2017.

This explains why Mishra went after Silas right from the very beginning as adviser and attached officer to former CRB Mittal, who erected the case in association with Mishra to mammoth proportions to suit and satisfy their own personal vested interests.

The way the file has moved with intentional delays, illegal orders, major departures from established official procedures is concrete evidence against these persons who are doing what they want with complete malafide.

Even today, as the Ministry of Law has opined on 28th August 2019 that all disagreement cases should be sent to DOPT (which it was not done earlier in this instant case and some perverted logic of one-sided disagreement only was applied to continue with the case); also that the Judgment of High Court is well reasoned one and chances of success in SLP in the Supreme Court against the High Court Judgment are remote; and finally that the Judgment of High Court of Delhi dated 15th March 2019 should be implemented in letter and spirit.

Almost a fortnight has again passed after this advice and still the malice, malafide and jealousy as also behaviour unbecoming of an officer, of Sushant Mishra, is making the file wait till the last milestone of becoming an Addl. Member for Silas are passed by, on grounds of no residual service left.

This is how some people have combined to ruin the complete life of Sandeep Silas, leave a dirty indelible imprint upon his psyche and wreaked havoc with his professional career.

Right from the start to date the illegal case against Sandeep Silas is the DIRTY PICTURE of Indian Railways.

He suspect that Sushant Mishra will find a way for the file not reaching the Minister of Railways for some more months by some further game-plan and continue to misuse and abuse his official position (which he has been doing from the very beginning from his days as ED (CC) with expired CRB Mittal) and try to keep Silas out of reckoning.

Sandeep Silas has warned the CRB that Mishra will record every possible lie and might even cause a major embarrassment to him. He can again collude with the Agency to further complicate the case to carry on with his own conceited game-plan with malafide. He is doing this because he is the direct beneficiary of this malicious case against. The law of KARMA will eventually catch up with him as it did with someone else, but till then it is my sacred duty to inform the CRB, how and why all this is being done, he wrote in his letter dtd. 11th September 2019.

He writes, “It is possible that after the receipt of this letter in the Board, Sushant Mishra might further abuse his position along with some other Department officer in Board or with any outside Department/ Agency against him and should this happen, it must be taken as continuance of further malafide, harassment and vendetta against him.

Sandeep Silas humbly requested to the CRB that may kindly pass following orders:

1. That Sushant Mishra must not deal with this case file or any other connected file under any circumstances now, nor collude with some other ‘interested’ officers of Board in other departments or any outside Agency, till disposal of the case, as this is a clear case of conflict of interest.

2. Nominate another senior officer of the Secretary’s branch for handling the file further in the interest of natural justice, fair-play, transparency and impartiality.

3. CRB may kindly institute an Enquiry against his role right from the very beginning in this case (from the days of his working with former CRB Mittal) and till such time Hon’ble MRs decision comes, not allow him to handle the case file/s.

4. To kindly grant him, his promotion to, first HAG (since the time of promotion of his immediate junior in 2016), then Addl. Member, which is being illegally held back, and restores his intra-service and inter-se-seniority with all consequential benefits.

The Chairman Railway Board,

(Railway Board), Ministry of Railways,

Raisina Road, New Delhi.

Dated: 11th September 2019

The officer concerned have been saying this since last Sept'19

See Para 3 onwards highlighted

But #SecretaryRB is playing a dirty Politics even after MR has finally decided the case of #SandeepSilas#SecyRB, #MR और #CRB दोनों को नीचा दिखाने की तिकड़म कर रहे हैं!@RailMinIndia pic.twitter.com/CxM5z1fqn6

— RAILWHISPERS (@Railwhispers) September 24, 2020

#MR #PiyushGoyal #PMO #CRB #CEO #CVC #CBI #DoPT #sandeepsilas #mschalia #railbhavan #railwayboard #railminindia #railway #indianrailways