#KMG का मारा #CLI बेचारा: Mantri ji, pls order High-Level enquiry in the case of CLI/HQ/CR

My husband who has also tried to commit suicide due to deliberate harassment and getting lesser pay than his juniors on Indian Railways, Central Railway, North Central Railway as AGC Division etc. GMs/CRBs/ED(Estt) failed to deliver him justice -Priya Sharma

Shri Ashwini Vaishanav ji,
Hon’ble, Minister for Railways,
Railway Board, Rail Bhawan,
New Delhi-110001.

(Through Proper Channel)

Sub: Request to order HIGH LEVEL INVESTIGATION based on Member Staff Board’s noting, legal opinion of Additional Secretary & Legal Advisor Railway Board, and Ld. ASG.

Ref: 1. Board’s Letter No. E(P&A)II/2008/RS-37 (Vol.II) dated 21.07.2022 & 15/12/2022.
        2. ED(Estt.)‘s Note dated 9th May 2022 on stepping up of my case.
        3. Personnel meeting with CRB & CEO dated 29/12/2022, 17/03/2022 & 15/03/2021.

Respected Sir,

In continuation of my email dated 18th January 2023 to you for investigation, Please find elnclosed herewith a live video of suicide at of Late Shri  Rakesh Gaur, Chief Loco Inspector Western Railway, Churchgate, Mumbai at Vile Parle Station, Dn local Line at KMs 19/8-9 on WR at at 17.10 hrs on the celebration of 74th Republic Day on 26th January 2023. when whole country was celebrating the Republic day of India.

Sir, would you like to know the actual reason and responsible authority behind such suicide cases? Your and Railway Administration’s insensitive attitude by not ordering transparent enquiries for deliberate harassments and depriving them from Natural justice forces the poor and helpless Loco Inspectors. Administration is kept online for further more suicides in waiting.

Since, how can a CLI protect the mindset and mental stress of 25 Loco Pilots? Since, Loco Pilots did not SPADs knowingly at the cost of their lives and career? Human lapses/ errors are done within a fraction of seconds. If they are issued SF-5 for SPADs then if any official is caught by Red handed for taking the bribes then concern CVOs, DRMs GMs and Board Members should be issued charge sheets due to their negligence in upbringing training & supervision, instilling moral values and ethics is against the duties as a railwaymen? Seniors must be held responsible and charge sheet based on the doctrine of issuing SF-5 to the innocent Chief Loco Inspectors.

Policy Directorate, Railway Board has been continuously down grading pay scales and facilities during every Pay Commissions and work load, mental stress, responsibilities of CLIs for 25 Loco Pilots is increasing day by day. Railway Administration is using CLIs better & efficient than other supervisors SSEs/TIs/CLAs/SrSOs/ WIs etc and utilizes their services 24 hour in 365 days without any concern of their welfare, MACP benefits, up gradation in Pay Scales and Rest house facilities and up gradation of their Railway Accommodations.

Shockingly Even, Our Hon’ble MR has deprived by up gradation of CLIs and does not included these senior most and back bone of safety supervisor vide RBE No. 155/2022 dtd 17/11/2022. MR has announced extremely proclaiming for extending the benefits by upgrading to the Senior Supervisors on Indian Railways. It means HR is deliberately misguided by his learned Advisor Shri Sudhir Kumar 360 degree evaluation expert and scholar of ISB Management.

Also Read: “ऐसा कोई सगा नहीं, जिसको सुधीर कुमार ने ठगा नहीं! -प्रिया शर्मा

Sir, Kindly find out any full proof mechanism to evaluate the mind set of higher Railway Officials regarding their Leadership, transparent working, timely completing the target and corruption free environment to the Railway management and this quality may be ensured before their postings as DRMs/GMs/PHODs/HODs. If it is not possible to catch & stop the intentional malpractices than how, one Chief Loco Inspector (CLI) ensures SPAD free twenty five (25) LOCO PILOTs working on Indian Railways.

Sir, the case of my husband is available on record for investigation and he was mentally harassed and deprived by extending the benefit of ‘stepping up of pay’ at par his junior in spite of Railway Board’s clear cut instructions vide Note No. #47 & #72, Legal Opinion by A/S LA board and Dy Law Officer Central Railway’s Note 5th May 2021 and ED(Estt)‘s Note dated 9th May 2022.

Shri Suneet Shrama, Shri V.K. Tripathi exCRB/CEOs Railway Board, former GMs & present CRB/CEO Shri A.K. Lahoti may call him on his whatsapp & message, it means he has earned name & fame by his sincer working for example my husband Shri V.K.Gautam CLI/HQ, Central Railway is extra ordinary hard working, talented and manage to get official work done even by higher ups, the duties assigned official duties beyond his post and Capacity.

The said claims may be confirmed with Shri Sudhir Kumar CCRS, CRS Central Circle, Shri Ravindra Sharma/PCME/CR former GM/BLW, Shri P. Ponnuswami PCEE/CR, Shri R.K. Sareen CELE/CR, Shri A.A. Phadake ex DyCEE(Op), Shri Shalab Goyal exDRM BB, Shri Vineet Kumar Secy to GM, Shri A.K.Verma former GM/SER, Shri A.K.Tiwari AM/Railway Board, Shri Khosala CME/CR , Shri Lalit Trivedi GM, Shri D.K.Sharma GM/CR, Shri Sanjay Gupta CMD/KRCL, late Shri Ashok Awasthi PCOM, Shri Siddiquie  ex AGM/PCOM, Shri Vinay Mitall ex CRB/PCOM/CR, Shri R.N.Verma PCOM/CR/GM/WR, Shri Angusmali Rastogi ADRM/Delhi, Shri D.K.Singh ex PCOM/CR, Shri Mukul jain Present PCOM and DG RDSO Lucknow as well as Shri Anil Kumar Lahoti former GM/CR & CRB & CEO Railway Board. Please, don’t take it otherwise even you can ask your beloved Advisior Sudhir Kumar IRSEE former AML.

He had made records in many cases as High Speed trials in Ghats of BB, NGP, BPL divisions, NDLS-JHS sections and the sanction of Steam SPECIAL TRAIN running on CSMT-TNA during 15Oth Anniversary. CRS Central Circle denied to accord sanction to  Mr Ravindra Shrama PCME for raising few quarries but  Shri L.C.Trived ji advised to Shri Ravindra Sharma sir Guatm can manage to get CRS Sanction immediately by going CRS Office personally to meet CRS. Both have appreciated his sincerity and promptness. CME, COM, DyCME (P&F), DyCEE(Op) have appreciated and awarded. GM and MR awards are recommended repeatedly to those who have special qualities other than officials, which may be understood.

My husband who has also tried to commit suicide due to deliberate harassment and getting lesser pay than his juniors on Indian Railways, Central Railway, North Central Railway as AGC Division etc. GMs/CRBs/ED(Estt) failed to deliver him justice. However, Family members close monitoring to his sleeplessness, anger, ideas of suicide and weeping proper attention and strict vigil managed to get his treatment from NAIR Hospital, which is still going on and Railway administration is also advised.

Hon’ble Minister for Railways is requested one point agenda only to order high level transparent enquiry in my husband’s case as per above details and punish whoever is responsible behind this only.

Thanking you

Yours faithfully
PRIYA SHARMA
HIG 14/12, Sanjay Place,
Agra (U.P.) PIN 282002.
Email: Priyayd67@gmail.com
Date: 01.02.2023.

To,
Hon’ble Minister for Railways
Railway Board, Rail Bhawan,
New Delhi – 110001.

(Through Proper Channel)

Sub: Request to order high level investigation Committee &review the ED Estt. ‘s favorable Note dated 9th May 2022 by taking Legal opinion of Additional Secretary & Legal Advisor Railway Board and Ld. ASG.

Ref: 1. Board’s Letter No. E(P&A)II/2008/RS-37 (Vol.II) dtd 21.07.2022.
        2. DyCPO(NG)/CR‘s Letter No. vide Letter No. P/CR/HQ/ET/215/06 dtd 15/11/2022.
        3. ED(Estt.)‘s Note dated 9th May 2022 on my stepping up of case.
        4. Personnel meeting with CRB & CEO and DG (Staff) dated 15/03/2021 & 16/03/2022.

Respected Sir,

With Profound grief & disappointment it is brought to your Notice that ED (Establishment) Railway Board have put up a favorable Note dated 9th May 2022 to CRB & CEO as referred vide under ref. (1) On going through, the remarks of EDPC-1, PED(Staff), I can prove with the legal documents and Board’s instructions that the remarks/ arguments of EDPC-1 & PED(Staff) on the said Note are not correct as per Board’s decision based on Legal opinion of Ld. ASG dated 23/03/2021, AS/LA Board & remarks of member staff on record.

Hon’ble MR would be shocked to know the facts of deliberate harassment & deprival of justice is based only on misinterpretation of IDENTICAL word to (Mirror image) by Central Railway and I the undersigned, the legal opinion of Ld. ASG vide Letter 03/12/2019 with the approval of AS & LA and Member Staff and Various Hon’ble Tribunals, High Court and Apex Court have decided that INDENTICAL and SIMIKLAR words are the same. Though, I have already met former GM/Central Railway Shri Sanjiv Mittal, CRB/CEO Shri Sunit Sharma, Shri Vinay Kumar Tripathi, Shri A.K. Lahoti, PED(Staff) and also met present CRB/CEO on 30th December in his chamber & requested to order high level transparent enquiry by Legal Advisor Board for deciding the accountability. Such higher authorities even could not gone through Board’s Note 47 & 72 record 19/02/2021 & 10/03/2021.

If Hon’ble MR conducted transparent enquiry and fixed responsibility & accountability for by passing the Railway Board’s conscious decision then more than 20 officials & staffs would invite action under 56-J.

The following legal facts are put up to establish that your subordinates have misled you.

1. Once again, Board vide letter no. E (P&A)II/2008/RS-37 (Vol.II) dated 21.07.2022 & 15/12/2022 have thrown out their responsibility in the Court of Central Railway deliberately in the stepping up of pay case to the undersigned by instructing to suitably deal the case duly considering the entire provision of RBE No. 07/2020. It is prime duty of Policy directorate Rly. Board to issue guidelines on entire provision of RBE 07/2020 and to spell out the meaning of IDENTICALLY PLACED. Though, Dy. Legal Advisor Board vide letter dated 03/12/2019 have clearly mentioned in the last Para of Point 3 that, “We may therefore think of issuing instructions to the Zonal Railways that in SIMILAR CASES we should deal similarly without individual appeals/litigation”. This is issued with the approval of Member Staff and Member Finance, Railway Board (Copy is Annexed P-1).  It established that Railway Board and Central Railway are playing a game against me by throwing their responsibilities to the court of each other. Since, most Zonal Railways except CR have considered the meaning of SIMILARYLLY PLACED and IDENTICALLY PLACED is the same according to the decision of Ld. ASG‘s 03/12/2019. This confusion may be clarified by the Board only (Copy is Annexed P-2)

1.2 Zonal Railways including CR have No right to overrule or decide the IDENTICAL PARAMETERS on Board’s Policy No. RBE 07/2020 since it is issued with the approval of A/S & LA, Member staff and Ld. Additional solicitor General of India letter dated 03/12/2019.

1.3 Central Railway vide letter no. P/CR/HQ/ET/215/06 dated 15/11/2022 have again sought clarification to spell out the meaning of SIMILARLY PLACED and IDENTICALLY PLACED in the light of Ld. ASG letter dated 03/12/2019 & Member Staff remarks and the difference in between the meaning of ‘similarly placed’ and ‘identically placed’. Though, CR had  sought clarification vide their many letters nos. dated 13/01/2021, 14/01/2021, 21/01/2021, 22/02/2021 & 15/11/2022 in the individual instant case with the name of V.K.Gautam and surprisingly, Board have already decided in writing that V.K.Gautam’s case is absolutely identical to the four cases as cited by  Central Railway vide their Board’s Note 47 & 72 corresponding letter dated 19/02/2021 & 10/03/2021 (Copies is enclosed as ANNEXED – P-3, & P-4).

1.4 Dy. Law officer/CR vide his Note dated 5th April 2021 has conveyed his legal opinion that the ratio of the said order/judgments shall be squarely applicable to the case of V.K. Gautam making him eligible for stepping up of pay at par his junior.

2. IDENTICAL ISSUE: Will Board disown their Note 47 & 72 by stating that it was made in joke? Since, It is proven facts on record that Railway Board has already decided my case is an identical to four cases cited by CR vide their Note 47 & 72 corresponding letters dated 19/02/2021 & 10/03/2021 and Board has decided an identical case not only once but twice on 19/02/2021 & 10/03/2021 repeatedly. In this situation, May Board overrule the decision of Ld. Additional solicitor General of India vide letter no. 1072/LC/2019/ e-office 3011821, E(P&A) II2008/ RS-37 (Voll.I) dtd 03/12/2019 approved by Member Staff & Member Finance and 2nd legal opinion  also conveyed vide CAS Dy,No,329/2021 & Dy No. 18/OPIN/ASG (AL/2021) by Ld. Additional Solicitor General of India dated 23.03.2021 (Copies of legal opinion of Additional Secretary & Legal Advisor Board and Ld. Additional Solicitor General of India dated 23/03/2021 are enclosed as Annexed P-5, P-6).

2.2. THE SUB-JUDICE MATTER: A layman may understand by reading the Board’s Policy Letter No. 07/2020 dated 27/01/2021 & letter No. E(P&A)II -2008/RS-37 (VOL.II) (e-office 3257745) dtd 06/10/2020 are issued to resolve the sub-judice cases Annexed P-7. Which are pending before various Courts as Hon’ble CAT, High Court and Supreme Court. The sub-judice cases on Central Railway have already been extended the benefit of stepping up of pay as per Board’s Letter No. 07/2020, 19/02/2021 & 10/03/2021 pending before High Court Bombay.

3. On the doctrine of CPO(A) vide speaking order No.P/CR/HQ/ET/973/06/LI dated 13/04/2022. I have requested to grant stepping up of pay at par with my juniors on AGC Division erstwhile part of Central Railway being my parent division and BSL division. These cases are absolutely identical juniors as per speaking order of CPO(A). All the details of juniors regarding pay fixation have been received from the concern Divisional offices. However, Administration is still in dilemma and kept it pending since long.

4. Which policy of Board stops to issue letter in the name of individual case, why board have failed to issued RBE No.07/2020 policy with examples including summery of the 9 cases, why did not included the decisions of two cases such as  Hon’bel  Principal bench Delhi, High Court Delhi, Kolkata and Supreme Court respectively, Spell out the meaning of identically placed and entire provisions of RBE No. 07/2020 as also implemented on other Railways, to maintain uniformity in such cases as cited by Board’s letter 21/-7/2022 & 15/12/2022n? Whether Board disowns their own decision conveyed through corresponding letters dated 19/02/2021 & 10/03/2021.

In view of the above legal facts, Hon’ble MR & CRB is requested to review the ED’s Note in the light of letter issued by Additional Secretary & Legal Advisor Board and Ld. ASG‘s legal opinion dated 23.03.2021 and instruct to the relevant Authority to issue a favorable letter for extending the benefit of stepping up of pay, suitable compensation for harassment & inordinate delay and pay accrued arrears with interest @18% at the earliest and also fix the responsibility for inordinate delay.

Thanking you

Yours truly,
With regards,
V. K. GAUTAM,
CLI/HQs/CR, PCOM Office
L/286/Staff, CSMT Mumbai
Date: 18.01.2023.

DA: attached as above.

Copy:
1. GM/Central Railway for his kind instruction for forwarding to Railway Board.
2. Chairman & CEO Railway Board
3. Additional Secy/Legal Advisor Railway Board for information & N/A please.
4. Principal Secretary to PM, PMO, New Delhi for order investigation & N/A please.