User talk:Jasjitsinh

Crime & Punishment

I, (Jasjit Singh), an officer from Indian Railway Traffic Service, 1977 batch, presently posted as Dy C.P.M./Admn in the office of the Freight Operation Information System, CRIS Camp, Chankyapuri, New Delhi, hereby submit my awful story of torture, as I had dared to expose corruption in the railways system.

During my posting as Sr. Divisional Commercial Manager, Ambala Division, (N. Rly) in the year 1992, I detected five big fraud cases of very serious nature, causing loss of crores of rupees to the national exchequer. The scams are listed below.

1.	Fake booking of goods at Barnala station:

The Railway staff at Barnala, in connivance with the local traders used to prepare fake Railway Receipts, showing booking wheat (without physical booking) ex Barnala to the other stations over Indian Railway. The Railway receipts so prepared fictitiously used to be surrendered to the Central Bank of India at Bhatinda for withdrawal of 90% of the cost of the consignment (shown booked). At the destination station the consignees used to prefer claims against the Railways for on-receipt of the consignments. There was a loss of crores of rupees to the National Exchequer. I conducted a preliminary investigation and filed an FIR with SP/CBI, Chandigarh, against the culprits, under section 465, 466, 467, 468 and 120B of I.P.C, vide my letter No. Sr. DCM/UMB/2/Confdl/92 dt. 28.9.1992. On my FIR the case was registered and probed and CBI Court Patiala convicted the culprits.

Shri Jasbir Pal Singh, the then DRM, Amabala reported the matter to the then General Manager, Northern Railway about the detection of serious scam by the undersigned vide his D.O letter No. Sr D.C.S/UMB/2/92 Dt.!St Jul 1992. .

2.	Scam in reservation at Ambala Cantt:

Shri Kailash Nath Mishra, an Enquiry Clerk was detected doing reservations on fake tickets ex Ambala to various other stations. At the time of detection, his income through unlawful source was more than Rs. 10 lakh per annum. I dismissed him from service after following the due procedure.

Matter was reported by Shri G C Sandle the then DRM Ambala, to the Chief Commercial Manager Northern Railway vide letter No. Sr. D.C.M/UMB/1/KNM/92. I also reported it to the HQ office vide letter No –Sr. D.C.S /UMB/92 Dated 22-9-92.

3.	Fraud in parcels in transit at Ambala Cantt:

Culprits used to replace the labels on the parcels in transit lying at the transit station for loading, with new labels for stations and consignees of their choice and used to take the delivery on fake documents. It was reported to the General Manager Northern Railway by Shri Jasbir Pal Singh, the then D R M Ambala vide letter No. Sr D.C.S/UMB/Confdl/Parcel/1993.

4.	Circulation of fake Shatabadi tickets: - While conducting inspection on New Delhi-Chandigarh Shatabadi Express, I picked up a big racket of fake (Shatabadi Tickets). Shri Jasbir Pal Singh, the then DRM, Ambala reported the case to the General Manager, Northern Railway vide letter D.O.No. Sr D.C.S/UM/B/2/92 Dated 1st Jul 1992. Fake tickets were also enclosed for investigation by Railway Vigilance Dept.

5.	Scam of assessment of damaged cement at Saharanpur

Associate Cement Company used to book damaged cement ex-Kiratpur to Saharanpur for the purpose of claims from the Railways. The report was sent to the C.C.M. Northern Railway by the Additional D.R.M vide D.O. No Sr. D.C.M/UMB/Misc/Cement/92 in Feb 1993. After preliminary investigation, the CBI, Dehradun was requested to probe into the case.

C B I REPORT

Vide report no. SIR No 1002/41/SIR/ACB CHG of CBI, Dehradun, Mr. K.C.Sharma the then Area Officer, Khan Alampura was held responsible for causing a loss of Rs. 14 Lacs to the Railways. Northern Railway ignored the recommendations of the CBI and issued him a warning letter without recovery of losses from him. He was promoted to Sr. Scale. On the contrary, I was issued a major penalty charge sheet (in reaction) for not permitting him the removal of the consignments, under investigation by the CBI. He was not a commercial officer but the charge against me was that I withdrew his commercial powers, which otherwise he did not have.

All the above serious scams were detected under my personal leadership. The then DRM, Shri Jasbir Pal Singh, DRM, Sh G.C.Sandle and ADRM Sh. T.S.Sahota, appreciated my achievements and duly reported the cases to the concerned officers in the H.Q Office of Northern Railway. People holding high position in the Railway Board were sharing the loot.

Revengefully, the then Advisor Vigilance, Shri V.K.Aggarwal transferred me, from the post of Sr. Divisional Commercial Manager, to the post of Sr. Divisional Operation Manager (planning), Jodhpur Division with a stigma on my career that I should not be posted on a sensitive post in future. I approached everybody in the Railway System but my appeal was not heard.

Lastly, I met Shri C.K.Jaffar Sharif, the then Minister for Railways. The Hon`ble Minister quashed my transfer orders and restored me back as Sr. Divisional Commercial Manager, Ambala Division.

Shri V.K.Aggarwal who had failed to displace me from important post, revengefully withdrew my commercial and administrative powers and awarded the same powers to a junior non-commercial officer of the division. I filed petition in the Hon'ble C A T, Chandigarh, challenging the withdrawal of powers assigned to the post by Govt. of India, held by me. To save himself from adverse orders of the Hon`ble Court, Mr Aggarwal transferred me to the post of Sr. Divisional Safety Officer. As there were no such powers, the CAT dismissed my complaint being anfractuous.

My new assignment as Safety Officer.

1.      Unsafe Maintenance of Railway Track.

During my inspection as Safety Officer, I noticed sub-standard material being used for strengthening of the track on Ludhiana Dhuri section. I reported the matter to the DRM vide letter No 1-T/Cnfdl/safety 1997 for remedial action in the interest of safety of the travelling public. I also pointed out other serious shortcomings in day to day working and unsafe condition of the track between Ludhiana & Ambala.

2.         PRE-WARNING “KHANNA AND SARAI BANJARA” ACCIDENTS

As Safety Officer Ambala Division, I gave a written warning, (vide my letter No -T/Cofdl/Safety) to the DRM Sh. R. S. Grover and other senior officers in the Head Quarter Office of Northern Railway that “if the track was not improved to the required safety standards, some serious accident could take place”. Unfortunately my advice was not heeded to and two serious accidents took place in the section killing more than 500 innocent passengers in addition to huge loss to the railway property.

4.	ACCIDENT OF OFFICIAL VEHICLE OF DRM (MIS-USED)

The official vehicle Van No DDA 9550 to be given to Safety Deptt. was misused and driven by Mr. Gurjot Singh, s/o Shri R.S.Grover (the then DRM, Ambala) met with an accident on 15-7-1996. To save his son, Mr. Grover manipulated the official records and fixed the responsibility on the driver of the vehicle Mr. Surjan Singh.

Surjan was given unwanted medical treatment, showing him a patient of `Mirgi, he ultimately expired. Later on Mr. J. M. S. Jaggi Office Supdt. Who was a tool in the manipulation of the documents committed suicide may be under guilt or planned strategy to finish the evidences against Mr. Grover's son.

Brief Facts

1.	FIR No.330 dated 15-7-1996 u/s 279/337of IPC registered with Haryana Police at Ambala, carries full description of Mr. Gurjot Singh as driver of the vehicle at the time of accident.

2.	Mr. Gurjot Singh was handed over to the Civil Police for prosecution, by the army personnel.

3.	Hon'ble Justice Surinder Singh in his judgment (accident claim case) u/s 166,MACT case No 199 of 16-9-1996 discussed the name of Mr. Gurjot Singh and Mr. R.S. Grover repeatedly, giving indication of Mr. Gurjot Singh being responsible for the accident. Hon`ble Court awarded a claim of Rs. 69,000/- to be paid by the Railways (being owner of the vehicle) to the injured person. Since I, (being a safety officer) was pressing very hard for the vehicle to be handed over to the safety dept, for night inspections. Mr. Grover managed my transfer from Ambala to Moradabad. Later on, I was transferred repeatedly to various other places for teaching me a lesson.

MY WIFE SUFFERED DEATH

The continuous transfers, with an intention to torture and humiliation, made my wife and me seriously sick. I remained confined to bed for two and half years. I have turned to be patient of heart & diabetes. My wife could not bear the mental agony caused to the husband also fell seriously sick. I was not paid my salary for the period from 2.3.1999 till 22nd May 2001 reducing us to extreme poverty. I requested the Railway Department to give me advance from my own provident fund for the purpose of treatment of my wife but Railway did not oblige us. Ultimately my wife expired on 4th April 2001 for want of proper treatment. My salary for the said period is yet not paid.

I had been submitting my regular sick certificates to the Deptt, for the period of sickness i.e. from 13.3.1999 to 8.11.2001. After fitness, I reported to the DRM, Ambala for permission to join the duty as Dy. COM/Plg Ambala. I requested him to give me relieving orders to join at New Delhi as Dy.COM/Safety, where I had been posted, but the DRM Ambala took no action. I requested the General Manager, Northern Railway and Chairman Railway Board to permit me to join my duty. My request was not entertained till 21.5.2002. I had been attending the office for permission to join my duty continuously but my salary has been denied even for the period I had attended the office for duty.

PREVENTION OF ATROCITIES AGAINST SC/ST ACT (1989) FLOUTED

I have been continuously tortured & discriminated by the communal elements in the railway administration, for my low caste. On 12-11-1997 Shri R. S. Grover, the then DRM, Ambala crossed all limits of decency and abused me publicly for my low caste. I could not tolerate the attack on my caste. I filed a complaint under the prevention of atrocities against SC/ST act (1989) against Shri R S Grover, the then DRM Ambala and Shri V K Aggarwal the then Chairman Railway Board, in the court of Ilaqua Magistrate, Ambala Cantt, on 26-3-1998. Prosecution evidences appeared in the Court and prima facie case was established. Summoning orders against Shri R S Grover and Shri V K Aggarwal were issued on 21-2-2000 to appear on 21-3-2000. Hon'ble High Court, Chandigarh granted stay, on the proceedings of the lower court, on 8-6-2000 even without their bail applications or hearing me.

Government Defended the accused

The accused Sh V.K. aggarwal and Sh R. S. Grover, booked by the Hon`ble Court in their (in person) are being defend, at the cost of public funds by the ministry of Railways. The Ministry of Railways engaged costliest Advocate, Sh. K.T.S. Tulsi at very exorbitant rates. Railway Ministry pays to Shri K T S Tulsi @ Rs. 50,000/- per hearing & his junior Advocate. Shri Shrivastva @ Rs 10000/-per hearing. This cost is in addition to expenditure upon them on traveling by executive class of Shatabadi Express, air conditioned rest houses at Chandigarh, air conditioned cars for their attending the Court, salary and other allowances of the railway officers and staff attending the court on every date of hearing.

High cost born by the Railway, has helped in delaying the prosecution of the culprits for more than six years. It is mockery of the law that a big team of Railway Officers attends the court to represent the criminals on every date of hearing and take next date on various excuses, where as the accuses have yet not appear in the court for seeking bail.

In the last six years, the Ministry of Railways has spent more than Rs. 5000000 (fifty lacs) to save the accused officers (booked under the prevention of atrocities against SC/ST act 1989). This is how NDA protected the Dalits, Minorities and backward classes in its misrule during last six years.

ACCUSE ENGAGED PROFESSIONAL CRIMINALS

While at Ambala, I was implicated in criminal case by professional criminals, engaged by the accused officers. The Hon`ble Court of the Special Railway Magistrate Ambala, through the Judgment dated 21st April 2004 has acquitted me holding both the accused, responsible for hiring a woman (daughter of the peon of Mr. R S Grover) of criminal character.

As per verdict of the Hon`ble Court, she was used for filing a case against me, under section 354 of IPC.

I am getting continuous threats on my life. I have been attacked three times in the last two three years even putting my house on fire in Delhi.

ISSUANCE OF FALSE CHARGE SHEETS

To defile my image, particularly as a reaction to my exposing the corrupt elements holding high position in the Railways Board, I was issued five false charge sheets, and have been awarded major punishment in one of the case. Whereas the inquiry officer of CVC had specifically mentioned that there was no malafide intention and the integrity was not found doubtful.

Two charge-sheets were issued by (the accuse) Sh VK Aggarwal as General Manager, Northern Railway & other two by his successor Sh. S.P. Mehta under V. K. Aggarwal`s influence.

General Manager Northern Railway for advising him condition of unsafe Railway Bridges at Saharnpur issued me another charge sheet. As safety officer of Northern Railway, I performed my duty, but he attempted to terrorize me, so that I could keep my eyes, ears and mouth shut, towards the misdeeds of Railway administration.

Only this much could not quench his venomous thirst, he further added in the order that the appellant authority to review the punishment will be President as if General Manager of the Railway is just next to the President of the country. So I was put to keep satisfied with his unlawful orders.

VOILATION OF THE PROCEDURE

Vide Ministry of Railway’s letter No77/E (GR)/1/4/2 dated 16/11/1977, I was appointed as class-I officer by the Hon`ble President Of India. The Ministry of Railway, Railway Board, letter No (D&A) 69 RG 6/12 dated 18/6/1969(NR4743: sc150/69) says, where the President is the appointing authority, the initiation of disciplinary proceedings against the officer requires approval of the Minister. But in my case the approval of the Minister has never been taken as it could expose the intention of the signing authority.

All the charge sheets were issued after a gap of more than five years of the so-called omissions committed by me. The intention behind the issuance of the charge sheets was to deny me, my due promotion to the S.A.G, as I had been empanelled for the Senior Administrative grade in year 1996. My case for promotion is yet not considered where as eight batches junior to me have been promoted to Senior Administrative Grade. .

Parliament Question on the issue and false reply

Mr. Aman Kumar Nagra local Member Parliament of Ambala, Haryana through Parliament Question No 15455/15 dated April 1999 asked the Minister for Railways about the corruption in the Railways and specifically asked the action taken on the cases of corruption detected by me. The Minister denied that I had detected any fraud in the Railway Department. The Minister gave a false reply to the Parliament Question. In fact reply was prepared by the accuse Shri V. K. Aggarwal as Chairman Railway Board on the basis of information supplied by the other accuse Shri R S Grover as DRM Ambala.

False information to other constitutional bodies

I approached the Chairman National Commission for SCs and STs and. National Human Rights Commission also but was never heard as every where it was Mr. V. K. Aggarwal to give the comment on my appeal and Mr. R S Grover to supply the basic information.

Right to information Act 2005 has failed to surface the facts

The new act brought lot of hopes that there could be transparency in the functioning of the system. Getting encouraged I approached,

1.	Parliamentary Secretariat to make the “contempt of Parliament” is transparent as on what ground the false reply was given by the Minister of Railway. Parliament Secretariat forwarded my application to Railway Board. Railway Board still did not bother to supply the information so Parliament Secretariat approached the Cabinet Secretariat to intervene. Even on intervention of the Cabinet Secretariat, Railway has denied the information and the appellant authority i.e. Additional Member Commercial has not dared to look into the record. 2.	Railway Board for ignoring the official documents and denying the facts that had I detected a number of frauds in the Railway. False and fabricated information was supplied to the Human Rights Commission and National Commission for SCs/STs. There too I could not get the required information. Even the appellant authority could not help me getting the information. 3.	Ministry of Law & Social Justice and The Ministry of Railway to get me have the information about the authority that “culprits booked the prevention of atrocities against the SCs/STs Act 1989 could be defended by the Government of India to save them from prosecution”. Though Ministry of Law and Social Justice denied its hand in giving approval but the Ministry of Railway has denied the required information. 4.	Ministry of Railway, giving copies of 8 official letters and 22 Press Clippings of National Newspapers on Corruption and Accidents on the Railway system. I requested about the action taken on those documents by the Railways. The Railway department gave the reply at the divisional level that the said record is not available in the division office whereas it is available in the Head Quarter Office in Commercial Branch, Vigilance Branch and also in the Railway Boards Office.

Now I have approached the Central Information Commission under the Information Act. The CIC might have tightened the noose.

Railway Ministry has turned its ferocious face to frighten me and have awarded another punishment reducing my pay scale from 14000 to 12000, till my retirement in Dec 2006 (not till I breath my last) giving me a final blow in my service career. The said punishment is awarded in a seven year old case as I remained on private sick because of my wife’s sickness and my personal sickness. The charge that why I did not remain under the treatment of Railway doctor (so that the accused officers could comfortably manage my killing). My wife ultimately died in absence of treatment.

“Inner View of the Government which works”