CBI RAIDED PROPERTIES OF
MAHACORRUPT EX.GM/NWR
ASHOK GUPTA ON 11th SEPT.
HOW THE RAILWAY VIGILANCE OFFICERS ARE TRYIED TO HUSH UP THE INVESTIGATION INTO COMPLAINT OF RAMPANT CORRUPTION IN HUNDREDS OF BACKDOOR APPOINTMENTS OF GROUP 'D' DONE BY ASHOK GUPTA, Ex. GM/NWR AND OTHERS DEPRIVING THE REGULARLY APPOINTED CANDIDATES.
1. The vigilance department in railways has been a den, protector, and propagator of corruption. It rules and controls the corruption industry worth thousands of crores of rupees over Indian railways. Recently a Chief Vigilance Officer namely M.K.Khanna, was caught red handed by CBI while he was taking bribe for returning seized records without fabricating a false case. An officer namely Anil Kumar having three vigilance cases pending and three Regular cases registered by CBI was posted as Dy.CVO/E and he was entrusted with the investigation into cases against himself. Even when Joint Director CBI informing Advisor/Vigilance/Railway Board that reputation of Sh.Anil Kumar, was not found to be good over the railways as per information of CBI local branches, the Railway Board vigilance officers did not remove him from vigilance department. Even when CVC categorically asked to remove him from post of Dy.CVO/E he was allowed to continue till end of his tenure. An officer namely Sh.Punia, against whom vigilance case was pending was made Chief Vigilance Officer of West Central Railway, Jabalpur.
2. Therefore, acting in their natural corrupt manner the Railway vigilance officers are worked tirelessly to anyhow protect Sh.Ashok Gupta, Ex.GM/NWR the lawful action against him for various cases corruption reported against him. Details of how Railway vigilance officers are trying to hush up one such case relating to backdoor appointments in Group 'D' services are given below.
3. The accused officers and Railway Board vigilance officers are trying to fraudulently project that the substitutes were mostly appointed for newly opened Kolayat-Phalodi section for safe operation of the train running. This plea is factually incorrect, false, and fraudulent as evident from following facts–
3.1 The Kolayat-Phalodi section is a new line which was targeted for opening to traffic in year 2006 itself. As per railway rules the posts required for operating new line are sanctioned much earlier than its opening and filled up before opening of the line. In this case also the posts for Kolayat-Phalodi were sanctioned on 17.10.2006 itself.
3.2 Total 250 posts of engineering staff were sanctioned out of which 126 were for Gangman (i.e. Trackman).
3.3 The Kolayat-Phlaodi section was targeted for completion in March 2006 itslef. However, it was completed in March 2007, goods train running was allowed in April 2007 and the passenger train running in Kolayat-Phalodi section started on 05/07/2007. It proves that requirement of trackman for Kolayat-Phalodi section was very much known at the time of sending indent for open market recruitment.
3.4 The indent for open market recruitment through RRC (Railway Recruitment Cell) was first sent vide letter No.740-E/R&T/Group-D/Indent dated 22.05.2007 for 4766 posts which included these 250 posts of trackman for Kolayat-Phalodi section.
3.5 No analysis was done at the time of opening of the section on 05/07/2007 or around this date to ascertain as to how many trackman were urgently and essentially required to ensure safe running of train.
3.6 Some trackmen were transferred from other adjacent sections to man the section to ensure safe train operation so there was no urgent need to appoint “substitutes”.
3.7 If at all the appointment of substitutes was necessary for ensuring safe running of trains in Kolayat-Phalodi section then why all such number of substitutes were not appointed “at-once” by calling applications through some transparent procedure. Why even no one was considered from the 1795 applications which were already lying with the Ex.GM of North Western Railway, Jaipur.
3.8 The section is maintained by Sr.DEN of the section and for ensuring safety of train running responsibility lies with Sr.DEN i.e. engineering officers of the division. None of them requested the then General Manager to urgently appoint the trackman by “substitutes”.
3.9 In the file notings in which the approval of General Manager for appointment of substitute was obtained does not mention that particular application was processed for urgency of trackmen in Kolayat-Phalodi section. In fact the posts were assigned after the approval and decision for appointing a particular person was taken by General Manager. The actual mover for the proposal is evident from the first line of the noting in the file which reads – “An application has been received from Secy. to GM of Shri……….”. It indicates that substitute were appointed because Secy. to General Manager asked for some particular persons to be appointed.
3.10 Why only when someone from Bihar approached with an application (and perhaps a bag full of money) the General Manager remembered that a post of trackmen is urgently to be filled in Kolayat-Phalodi section or some other section.
3.11 Why services of the substitutes were not terminated when regular recruits from open market selection process conducted by Railway Recruitment Cell joined.
3.12 Even when the candidate failed in medical standard required for safety category post he was given substitute appointment on “Non-safety” category post which proves that the prime motive was to give appointment from backddor. The names of such persons are-
1) Shri Ramnath Rai S/O Shri Gigal Rai
2) Shri Ramesh Kumar Pankaj S/O Shri Kuldeep Rai
3) Shri Shivprasad S/O Shri Ramjeevan Rai
4) Shri Santhosh Kumar Gupta S/O Shri Hari Prasad Gupta
5) Shri Rajesh Ranjan S/O Sh Lal Kishor Yadav,
6) Shri Bhishma Prasad Yadav S/O Sh Chandeshwar, of Chhapra Bihar
7) Shri Amarjeet Yadav S/O Shri Ramswaroop Yadav
8) Shri Sikander Kumar S/O Shri Shivaji Roy
3.13 Apart from Kolayat-Phalodi section several substitutes were posted on other than safety posts which were not urgent. Some of the examples are-
(a) Sh.Devendra Prasad Singh S/O Lt. Shri Badri Singh-Kodarma (Jharkhand) (Peon in HQ),
(b) Sh.Ajit Kumar S/O Sh.Bindeshwar Prasad Yadav (Hospital Attendent, CH, Jaipur),
(c) Sh.Gopal Prasad Sharma S/O Sh.Vishamber Dayal Sharma (Khalasi Under IOW Rewari),
(d) Sh.Jitendra Singh Shekhawat S/O Sh.Chhagan Singh Shekhawat (Khalasi Under IOW Jaipur)
4. The accused officers and Railway vigilance officers are trying to fraudulently project that decision of reducing the number of posts to be filled through open market i.e. RRC was taken as per instructions of Railway Board. It is false, factually incorrect and fraudulent which is proved from the following facts–
4.1 The post of trackmen is a safety category post as per Railway Board circular No.E(NG) 1-2002/PM-1/26, dated 11.9.2002 [RBE No.157/2002].
4.2 As per Railway Board circular No.E(MPP)2002/1/83 dated 10.09.2003 (RBE No.160/2003) the safety category posts are exempted from the purview of rightsizing i.e. the instructions of Railway Board for reducing the number of posts does not apply on the posts of trackmen. This was also mentioned in the Railway Board circular No. No.E(MPP)2002/1/83/Vol.II dated 10.04.2006 (RBE No.47/2006).
4.3 But despite such policy of Railway Board, posts of trackman were reduced by 35% and then by 40% by drawing fraudulent interpretation of an observation of Member engineering which is reproduced herein under –
“1.1.3 (iii) - Railway has vacancies of about 7500 gangmen alone and is in the process of their recruitment. Railways worry about adding numbers for deteriorating operating ratio was contradicted by directing surrender of 3193 non safety category posts lying vacant before seeking surrender of safety posts. Engineers shall also seek more artisans, supervisors against matching surrender of gangmen. Similarly the N.Rly whose non-safety vacant posts are about 8000 nos. compassionate and other appointments should be only in safety category”.
4.4 The aforesaid observations were cited by Ex.GM/NWR to infer “as per ME observation at 1.1.3 (iii) posts of gangman will also reduce in coming two years hence its recruitment can be reduced by 35%”. Any man of common prudence can state that the ME’s aforesaid instruction did not say that posts of gangman will reduce by 35% or 40% in coming two years. Therefore, the inference drawn by the Ex.GM/NWR from ME’s instruction was fraudulent and targeted to achieve some other ulterior motive.
4.5 The fact that Ex.GM/NWR abused ME’s observation as guise/tool to achieve his malafide ulterior motive is also proved from the fact that following instructions of ME available in the same note of ME were totally ignored
“1.1.1.3 (q) The performance of track machines HOT, Unimat, SBCM, BCM and TRT needs improvement along with availability of blocks for them. The achieving of mechanization of renewals and deep screenings on the Railway is rather dismal. The Railway is also suffering very seriously in respect of creation of posts for the Track Machine Organisation and a huge number of vacancies in the operators, artisans cadres which is totally unacceptable. The Railway must find spareable men from electrical, mechanical, traffic and S&T departments besides resorting to appropriate recruitments and indenting through RRB.”
It is evidently clear from the aforesaid observations that ME very strongly directed to fill up posts in track machines organization. It is to be noted that track machines are very costly (around Rs. 20 Crores each) and their non-utilisation causes huge loss to public money. But despite such strong instructions and huge loss involved, the Ex.GM/NWR did not take action in the direction of filling up of the posts in track machine organization.
Such contradiction in compliance of ME’s observation available in the same note prove that reduction of posts of Gangman to be filled through RRC on the plea of ME’s observation was fraudulent manipulation to achieve ulterior motive of creating space for appointing substitutes from back door and for facilitating regularization of already appointed substitutes citing the vacancies.
4.6 Apart from that, when the vacancies were assessed the basis was indents received from various user/recipient departments. The vacancies were vetted by Finance department after careful consideration. As per rule if vacancies were to be reviewed and reduced it should have been done by the respective department PHODs e.g. if vacancies of Gangman were to be reviewed the PCE (Principal Chief Engineer) was the authority for doing so. But without taking opinion of the PCE, the Ex.GM/NWR unauthorizedly reduced the vacancies of gangman to achieve his malafide and corrupt designs of appointing substitutes through backdoor citing vacancies and make fast black money through illegal gratifications.
5. The fraud and conspiracy is emphatically proved from the fact that when posts were reduced in open recruitment process than why they were subsequently filled through backdoor by substitutes, even when the panel was live and in currency. The panel of candidates recruited through open market recruitment conducted by RRC was received in second week of July 2008 but the corrupt officers kept on appointing trough backdoor thereafter also. Instead of terminating the services of substitutes upon joining of regular candidates, the culprit officers appointed about 42 more substitutes thereafter and such backdoor substitute appointments continue unabated till date with connivance of Railway vigilance officers who are deliberately delaying and hushing up the investigation into the complaint.
6. For appointing substitutes after receipt of panel from open market recruitment, following justification was given by SPO/Rectt. on notings page “At present there are 2396 vacancies of Trackman. These posts are required to be filled up in the interest of safety and therefore fresh face engagement of Sh.Abhay Kumar Singh S/O Sh.Bharat Bhushan Singh is proposed in the category of trackman”………………..“Panel of 2422 candidates has been received. In panel only 1869 candidates has been selected as Trackman against the 2396 vacancies of trackmen. Hence there are 527 vacancies in the category of trackman at present”. The criminal conspiracy, corruption, fraud and forgery behind the aforesaid noting are evidently proved from following facts–
6.1 It is SPO/Rectt. himself who had proposed to reduce number of persons to be appointed through open market recruitment in his notings on 07/11/07 which was same day approved by the Ex.GM/NWR Shri Ashok Gupta. After that he had also proposed to reduce the vacancies to be filled through open recruitment process on 28/11/07 which was approved by himself. On one hand they had reduced intake from open market recruitment stating that the intake is to be reduced as per Railway Board instructions and on the other hand they justified appointment of substitute taking plea of vacancies left unfilled due to less number of candidates empanelled by RRC. They took excuse of what they themselves earlier designed. This proves how meticulously and deliberately they conspired to anyhow run the racket of backdoor appointments in the name of substitutes. Such conspiracy cannot happen for anything other than huge illegal money they obviously have been receiving from the persons appointed as substitutes and regularized later.
6.2 Their statement that “In panel only 1869 candidates has been selected as Trackman against the 2396 vacancies of trackmen” is fraudulent because the RRC was asked by them only to recruit 1869 trackman. They had conspired and designed to recruit only 1869. It is surprising as to on what ground they were now claiming that the vacancies were 2396 when they themselves reduced the vacancies to 1869.
6.3 In the file there is no mention as to how the vacancies were increased to 2396 from 1869 and who had informed SPO/Rectt. about this increase in number of vacancies.
6.4 The culprit officers are fraudulently and shamelessly stating as if GOD was responsible for recruitment of less number of trackman through RRC than the number of vacancies whereas it was their own design.
7. It is heard that the culprit officers are trying to rake shelter of the pleas that after receipt of panel they discovered some more number of vacancies to be filled and thus they appointed substitutes because recruitment process through open market takes long time. Such pleas would be grossly fraudulent and false on following grounds–
7.1 The recruitment through RRC is governed by Railway Board circular No. E(NG)-II/96/RR-1/62. Dtd. 18.7.2005 and its Annexure-I contain the instructions for recruitment process. As per Para 2.2 “Vacancies shall be counted as those existing on 1st January or 1st July of the year of recruitment plus those anticipated over the next two years. The number of posts to be filled up should be got vetted by Associate Finance”. It indicates that number of vacancies shall be so fixed that there shall be no need for further recruitments by any method within two years. But the culprits deliberately violated this by arbitrarily reducing the vacancies in November 2007 and then appointing substitutes in July 2008 onwards i.e. within less than a year taking excuse of more number of vacancies.
7.2 Para 9.1 of Employment Notice No.1/07 (NWR Group D) states that “Selection will be based on Physically Efficiency Test (PET) followed by written examination. PET shall be of qualifying nature only, i.e. those who qualify in PET shall be called for written test. There will be no interview. Candidates to a limited extent depending upon availability of vacancies, in order of merit and as per reservation rules, out of those who obtain the prescribed minimum pass marks in the written test will be called for verification of original documents and identity and medical examination of relevant standard”. Further, as per Para 7.4 of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 “Minimum pass marks will be 40% for General candidates, 30% for SC/ST and OBC candidates”. It implies that the candidates who had obtained 40% (General) or 30% (Reserved) marks in written examination were eligible to be called for verification of documents and medical examination upto the extent of filling all the vacancies. But acting under the conspiracy, only about 2980 candidates were called for verification of original documents and identity and medical examination of relevant standard by arbitrarily fixing the cut off marks to 128 for General, 114 for SC, and 118 for ST which were 128/150=85%, 114/150= 76 % and 118/150=76% i.e. much higher than 40% and 30% prescribed by the Railway Board circular. This was done by the Ex.GM/NWR with malafide intentions to fill less number of posts than required/notified so that he could regularize already appointed backdoor substitute and appoint fresh substitutes citing the vacancies, which he did subsequently.
7.3 Para 7.8 of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 directs that “Medical examination of the candidates who have passed the written examination and PET shall be done before their empanelment. Accordingly, only those who have passed the medical examination will be included in the final merit list”. But the corrupt Ex.GM/NWR empanelled only 2980 candidates “before” medical examination and verification of documents and when about 500 candidates either absented or failed in medical or failed in document verification, the Ex.GM/NWR did not call further eligible candidates in order of their merit in the written examination for medical examination and document verification which could have filled the required vacancies. Instead the Ex.GM/NWR preferred to appoint less number of eligible candidates from open market with malafide intentions to regualrise back door substitute appointments and appoint more fresh numbers through backdoor in the name of substitutes.
7.4 In all about 88,622 candidates appeared in written examination held on 04.05.2008 and more than about 10,000 candidates secured marks more than the minimum pass marks of 40% for General candidates, and 30% for SC/ST and OBC candidates. It means that there were more than 10,000 candidates who were eligible to be called for medical examination and document verification but the corrupt Ex.GM/NWR conspired to call only 2980 candidates.
7.5 As per Railway Board instructions the final panel (i.e. after medical examination and document verification) should have been prepared for number of vacancies plus thirty percent i.e. final panel should have 2401x1.30=3121 number of candidates. But the corrupt Ex.GM/NWR empanelled only 2980 candidates that too before medical examination and document verification. Out of 2980 about 120 failed in medical examination, 150 failed in document verification, and 400 did not report therefore the number of candidates available for appointment were less than the number of vacancies.
7.6 As per Railway Board instructions if panel was made for vacancies plus 30%, it would have taken care of all existing vacancies and future vacancies arising in the period of two/three years for which the panel would be live. As per Para 7.11 of of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 and Para of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.20052(xiii) of Railway Board circular No. E (NG)-II/96/RR-1/62/Vol.II. Dtd. 12.3.2007 “currency of panel shall be for a period of two years from the date of publication. General Manager may, however, extend the life of the panel by one year in case of administrative exigencies”. Therefore, if the Railway Board instructions were followed there would have been no space for appointment of substitutes for three years from the date of publication of panel which is July 2008 and adequate number of regularly appointed candidates would have been available to replace the substitutes already appointed. But Ex.GM/NWR Shri Ashok Gupta conspired to anyhow run their racket of corruption of backdoor appointments in Group 'D' in the name of substitutes.
8. There is one more aspect which proves the conspiracy and fraud. The number of vacancies notified were 2401 and the RRC had sent a panel of 2422 candidates, then why the services of substitutes were not terminated and appointment to regular candidates from RRC panel were not given in their place. On one hand appointment to candidates who had passed the rigours of open market recruitment process were denied and on the other hand the substitutes appointed without any physical and written examination were allowed to enjoy the public appointment obviously because they had paid huge sums of bribes.
9. The accused and Railway Board vigilance is also trying to fraudulently project that General Manager has discretionary power to appoint substitutes under Railway Board circulars No.E (NG)II/90/SB/10/Master Circular 29/01/1991, and No.E(NG)11-2001/SB/2 dtd. 04.01.2001. Such plea is grossly fraudulent, factually incorrect, and malafide as evident from following points–
9.1 The CVC notification No.2000/VGL/74 Dated 12th July 2000 states that “Corruption is the use of public office for private profit”. It is corollary that “abuse of discretion is also corruption”.
9.2 As per Hon'ble Supreme Court judgment in S. Pratap Singh Vs. The State of Punjab 1964 AIR 72 that abuse of power for the purpose which is not bonafide is “fraud on power”. Here the question is whether Shri Ashok Gupta, Ex. General Manager, North Western Railway, Jaipur appointed substitutes for the purpose given in the relevant Railway Board circular or he simply abused the discretionary power to provide a guise to his real objective of granting backdoor appointments for making fast and huge illegal money.
9.3 The stipulations of aforesaid circulars have also been deliberately violated as indicated below–
9.4 The 1991 circular stated that “ Substitutes refer to persons engaged in Indian Railway Establishments on regular scales of pay and allowance applicable to posts falling vacant because of absence on leave or otherwise of permanent or temporary Railway Servant and which cannot be left vacant”. But the culprit officers appointed substitutes on the posts which were lying vacant since years together i.e. they could be left vacant for years together. None of the controlling officers under whom these posts were lying requested the General Manager to urgently fill up the posts through substitutes. In the file notings related to substitute appointment there is no mention as to why the post cannot be left blank and how the SPO/Rectt. has come to know that a post has become so urgent that appointment of a substitute is required. The approval of appointment for a particular person was taken first then post was assigned to him which proves that the prime motive was to appoint that particular person and urgency of filling a post was not the prime mover for the substitute appointment.
9.5 The 1991 circular state that “substitutes should, as far as possible, be drawn from a panel of suitable candidates selected for Group “C” (class III) and Group ‘D’ (Class IV) posts”. It further states that “the phrase “as far as possible” is not intended to confer unfettered discretion to appoint substitutes from outside. Substitutes should be appointed only from the panel. However, in special circumstances persons not in panel may be appointed but this should be for a very short period and only in urgent cases” but the culprits appointed substitutes from “outside” without preparing any panel even when 1795 applications were already registered with them. They instead adopted pick and choose policy purely governed by underhand dealings and only those were appointed who had directly approached Sh.Ashok Gupta, General Manager. In the file noting there is no mention that the substitute are to be appointed for “short period”, instead their appointment letters indicated that they will be regularized after due process,
[Example is appointment letters of Shri Sunil S/O Shri Laxmi Narayan, Shri Devendra Prasad Singh S/O Shri Badri Singh, and Sh.Laxmi Narayan Sharma S/O Sh.Vishambhar Dayal Sharma].
And they have already been regularized. It proves that in-fact regular appointments have been given in the name of “substitutes” abusing the provisions of circular of Railway Board.
9.6 The Para 6 of 2001 circular state that “Engagement of substitutes, if at all required, may be made only by way of exception and that too purely on functional considerations. It must be clearly understood that there is a need to ensure that all such engagements are linked to the posts which cannot be kept vacant until regular persons become available”, but the culprits did not terminate services of substitutes when regular persons were available from RRC in July 2008. On the contrary the substitutes are regularized and regular eligible candidates are denied appointment. Even after receipt of panel of regularly appointed candidates 45 persons have been appointed from the backdoor in the name of substitutes.
9.7 The para 5.1 of 2001 circular state “General Managers do not have unfettered discretion to engage substitutes”. But Sh.Ashok Gupta, General Manager, North Western Railway, Jaipur abused provisions of this circular as a “license to collect bribes” by appointing substitutes from backdoor, regularising them, and denying appointment to regular candidates, obviously with underhand dealing of about Rs.3 Lakhs in each case totally to a whopping 420 Lakhs for 140 appointments.
9.8 It is thus clear that the provisions of aforesaid Railway Board circulars have been grossly abused under a deliberate conspiracy to run a racket of backdoor appointments for huge bribes.
MAHACORRUPT EX.GM/NWR
ASHOK GUPTA ON 11th SEPT.
HOW THE RAILWAY VIGILANCE OFFICERS ARE TRYIED TO HUSH UP THE INVESTIGATION INTO COMPLAINT OF RAMPANT CORRUPTION IN HUNDREDS OF BACKDOOR APPOINTMENTS OF GROUP 'D' DONE BY ASHOK GUPTA, Ex. GM/NWR AND OTHERS DEPRIVING THE REGULARLY APPOINTED CANDIDATES.
1. The vigilance department in railways has been a den, protector, and propagator of corruption. It rules and controls the corruption industry worth thousands of crores of rupees over Indian railways. Recently a Chief Vigilance Officer namely M.K.Khanna, was caught red handed by CBI while he was taking bribe for returning seized records without fabricating a false case. An officer namely Anil Kumar having three vigilance cases pending and three Regular cases registered by CBI was posted as Dy.CVO/E and he was entrusted with the investigation into cases against himself. Even when Joint Director CBI informing Advisor/Vigilance/Railway Board that reputation of Sh.Anil Kumar, was not found to be good over the railways as per information of CBI local branches, the Railway Board vigilance officers did not remove him from vigilance department. Even when CVC categorically asked to remove him from post of Dy.CVO/E he was allowed to continue till end of his tenure. An officer namely Sh.Punia, against whom vigilance case was pending was made Chief Vigilance Officer of West Central Railway, Jabalpur.
2. Therefore, acting in their natural corrupt manner the Railway vigilance officers are worked tirelessly to anyhow protect Sh.Ashok Gupta, Ex.GM/NWR the lawful action against him for various cases corruption reported against him. Details of how Railway vigilance officers are trying to hush up one such case relating to backdoor appointments in Group 'D' services are given below.
3. The accused officers and Railway Board vigilance officers are trying to fraudulently project that the substitutes were mostly appointed for newly opened Kolayat-Phalodi section for safe operation of the train running. This plea is factually incorrect, false, and fraudulent as evident from following facts–
3.1 The Kolayat-Phalodi section is a new line which was targeted for opening to traffic in year 2006 itself. As per railway rules the posts required for operating new line are sanctioned much earlier than its opening and filled up before opening of the line. In this case also the posts for Kolayat-Phalodi were sanctioned on 17.10.2006 itself.
3.2 Total 250 posts of engineering staff were sanctioned out of which 126 were for Gangman (i.e. Trackman).
3.3 The Kolayat-Phlaodi section was targeted for completion in March 2006 itslef. However, it was completed in March 2007, goods train running was allowed in April 2007 and the passenger train running in Kolayat-Phalodi section started on 05/07/2007. It proves that requirement of trackman for Kolayat-Phalodi section was very much known at the time of sending indent for open market recruitment.
3.4 The indent for open market recruitment through RRC (Railway Recruitment Cell) was first sent vide letter No.740-E/R&T/Group-D/Indent dated 22.05.2007 for 4766 posts which included these 250 posts of trackman for Kolayat-Phalodi section.
3.5 No analysis was done at the time of opening of the section on 05/07/2007 or around this date to ascertain as to how many trackman were urgently and essentially required to ensure safe running of train.
3.6 Some trackmen were transferred from other adjacent sections to man the section to ensure safe train operation so there was no urgent need to appoint “substitutes”.
3.7 If at all the appointment of substitutes was necessary for ensuring safe running of trains in Kolayat-Phalodi section then why all such number of substitutes were not appointed “at-once” by calling applications through some transparent procedure. Why even no one was considered from the 1795 applications which were already lying with the Ex.GM of North Western Railway, Jaipur.
3.8 The section is maintained by Sr.DEN of the section and for ensuring safety of train running responsibility lies with Sr.DEN i.e. engineering officers of the division. None of them requested the then General Manager to urgently appoint the trackman by “substitutes”.
3.9 In the file notings in which the approval of General Manager for appointment of substitute was obtained does not mention that particular application was processed for urgency of trackmen in Kolayat-Phalodi section. In fact the posts were assigned after the approval and decision for appointing a particular person was taken by General Manager. The actual mover for the proposal is evident from the first line of the noting in the file which reads – “An application has been received from Secy. to GM of Shri……….”. It indicates that substitute were appointed because Secy. to General Manager asked for some particular persons to be appointed.
3.10 Why only when someone from Bihar approached with an application (and perhaps a bag full of money) the General Manager remembered that a post of trackmen is urgently to be filled in Kolayat-Phalodi section or some other section.
3.11 Why services of the substitutes were not terminated when regular recruits from open market selection process conducted by Railway Recruitment Cell joined.
3.12 Even when the candidate failed in medical standard required for safety category post he was given substitute appointment on “Non-safety” category post which proves that the prime motive was to give appointment from backddor. The names of such persons are-
1) Shri Ramnath Rai S/O Shri Gigal Rai
2) Shri Ramesh Kumar Pankaj S/O Shri Kuldeep Rai
3) Shri Shivprasad S/O Shri Ramjeevan Rai
4) Shri Santhosh Kumar Gupta S/O Shri Hari Prasad Gupta
5) Shri Rajesh Ranjan S/O Sh Lal Kishor Yadav,
6) Shri Bhishma Prasad Yadav S/O Sh Chandeshwar, of Chhapra Bihar
7) Shri Amarjeet Yadav S/O Shri Ramswaroop Yadav
8) Shri Sikander Kumar S/O Shri Shivaji Roy
3.13 Apart from Kolayat-Phalodi section several substitutes were posted on other than safety posts which were not urgent. Some of the examples are-
(a) Sh.Devendra Prasad Singh S/O Lt. Shri Badri Singh-Kodarma (Jharkhand) (Peon in HQ),
(b) Sh.Ajit Kumar S/O Sh.Bindeshwar Prasad Yadav (Hospital Attendent, CH, Jaipur),
(c) Sh.Gopal Prasad Sharma S/O Sh.Vishamber Dayal Sharma (Khalasi Under IOW Rewari),
(d) Sh.Jitendra Singh Shekhawat S/O Sh.Chhagan Singh Shekhawat (Khalasi Under IOW Jaipur)
4. The accused officers and Railway vigilance officers are trying to fraudulently project that decision of reducing the number of posts to be filled through open market i.e. RRC was taken as per instructions of Railway Board. It is false, factually incorrect and fraudulent which is proved from the following facts–
4.1 The post of trackmen is a safety category post as per Railway Board circular No.E(NG) 1-2002/PM-1/26, dated 11.9.2002 [RBE No.157/2002].
4.2 As per Railway Board circular No.E(MPP)2002/1/83 dated 10.09.2003 (RBE No.160/2003) the safety category posts are exempted from the purview of rightsizing i.e. the instructions of Railway Board for reducing the number of posts does not apply on the posts of trackmen. This was also mentioned in the Railway Board circular No. No.E(MPP)2002/1/83/Vol.II dated 10.04.2006 (RBE No.47/2006).
4.3 But despite such policy of Railway Board, posts of trackman were reduced by 35% and then by 40% by drawing fraudulent interpretation of an observation of Member engineering which is reproduced herein under –
“1.1.3 (iii) - Railway has vacancies of about 7500 gangmen alone and is in the process of their recruitment. Railways worry about adding numbers for deteriorating operating ratio was contradicted by directing surrender of 3193 non safety category posts lying vacant before seeking surrender of safety posts. Engineers shall also seek more artisans, supervisors against matching surrender of gangmen. Similarly the N.Rly whose non-safety vacant posts are about 8000 nos. compassionate and other appointments should be only in safety category”.
4.4 The aforesaid observations were cited by Ex.GM/NWR to infer “as per ME observation at 1.1.3 (iii) posts of gangman will also reduce in coming two years hence its recruitment can be reduced by 35%”. Any man of common prudence can state that the ME’s aforesaid instruction did not say that posts of gangman will reduce by 35% or 40% in coming two years. Therefore, the inference drawn by the Ex.GM/NWR from ME’s instruction was fraudulent and targeted to achieve some other ulterior motive.
4.5 The fact that Ex.GM/NWR abused ME’s observation as guise/tool to achieve his malafide ulterior motive is also proved from the fact that following instructions of ME available in the same note of ME were totally ignored
“1.1.1.3 (q) The performance of track machines HOT, Unimat, SBCM, BCM and TRT needs improvement along with availability of blocks for them. The achieving of mechanization of renewals and deep screenings on the Railway is rather dismal. The Railway is also suffering very seriously in respect of creation of posts for the Track Machine Organisation and a huge number of vacancies in the operators, artisans cadres which is totally unacceptable. The Railway must find spareable men from electrical, mechanical, traffic and S&T departments besides resorting to appropriate recruitments and indenting through RRB.”
It is evidently clear from the aforesaid observations that ME very strongly directed to fill up posts in track machines organization. It is to be noted that track machines are very costly (around Rs. 20 Crores each) and their non-utilisation causes huge loss to public money. But despite such strong instructions and huge loss involved, the Ex.GM/NWR did not take action in the direction of filling up of the posts in track machine organization.
Such contradiction in compliance of ME’s observation available in the same note prove that reduction of posts of Gangman to be filled through RRC on the plea of ME’s observation was fraudulent manipulation to achieve ulterior motive of creating space for appointing substitutes from back door and for facilitating regularization of already appointed substitutes citing the vacancies.
4.6 Apart from that, when the vacancies were assessed the basis was indents received from various user/recipient departments. The vacancies were vetted by Finance department after careful consideration. As per rule if vacancies were to be reviewed and reduced it should have been done by the respective department PHODs e.g. if vacancies of Gangman were to be reviewed the PCE (Principal Chief Engineer) was the authority for doing so. But without taking opinion of the PCE, the Ex.GM/NWR unauthorizedly reduced the vacancies of gangman to achieve his malafide and corrupt designs of appointing substitutes through backdoor citing vacancies and make fast black money through illegal gratifications.
5. The fraud and conspiracy is emphatically proved from the fact that when posts were reduced in open recruitment process than why they were subsequently filled through backdoor by substitutes, even when the panel was live and in currency. The panel of candidates recruited through open market recruitment conducted by RRC was received in second week of July 2008 but the corrupt officers kept on appointing trough backdoor thereafter also. Instead of terminating the services of substitutes upon joining of regular candidates, the culprit officers appointed about 42 more substitutes thereafter and such backdoor substitute appointments continue unabated till date with connivance of Railway vigilance officers who are deliberately delaying and hushing up the investigation into the complaint.
6. For appointing substitutes after receipt of panel from open market recruitment, following justification was given by SPO/Rectt. on notings page “At present there are 2396 vacancies of Trackman. These posts are required to be filled up in the interest of safety and therefore fresh face engagement of Sh.Abhay Kumar Singh S/O Sh.Bharat Bhushan Singh is proposed in the category of trackman”………………..“Panel of 2422 candidates has been received. In panel only 1869 candidates has been selected as Trackman against the 2396 vacancies of trackmen. Hence there are 527 vacancies in the category of trackman at present”. The criminal conspiracy, corruption, fraud and forgery behind the aforesaid noting are evidently proved from following facts–
6.1 It is SPO/Rectt. himself who had proposed to reduce number of persons to be appointed through open market recruitment in his notings on 07/11/07 which was same day approved by the Ex.GM/NWR Shri Ashok Gupta. After that he had also proposed to reduce the vacancies to be filled through open recruitment process on 28/11/07 which was approved by himself. On one hand they had reduced intake from open market recruitment stating that the intake is to be reduced as per Railway Board instructions and on the other hand they justified appointment of substitute taking plea of vacancies left unfilled due to less number of candidates empanelled by RRC. They took excuse of what they themselves earlier designed. This proves how meticulously and deliberately they conspired to anyhow run the racket of backdoor appointments in the name of substitutes. Such conspiracy cannot happen for anything other than huge illegal money they obviously have been receiving from the persons appointed as substitutes and regularized later.
6.2 Their statement that “In panel only 1869 candidates has been selected as Trackman against the 2396 vacancies of trackmen” is fraudulent because the RRC was asked by them only to recruit 1869 trackman. They had conspired and designed to recruit only 1869. It is surprising as to on what ground they were now claiming that the vacancies were 2396 when they themselves reduced the vacancies to 1869.
6.3 In the file there is no mention as to how the vacancies were increased to 2396 from 1869 and who had informed SPO/Rectt. about this increase in number of vacancies.
6.4 The culprit officers are fraudulently and shamelessly stating as if GOD was responsible for recruitment of less number of trackman through RRC than the number of vacancies whereas it was their own design.
7. It is heard that the culprit officers are trying to rake shelter of the pleas that after receipt of panel they discovered some more number of vacancies to be filled and thus they appointed substitutes because recruitment process through open market takes long time. Such pleas would be grossly fraudulent and false on following grounds–
7.1 The recruitment through RRC is governed by Railway Board circular No. E(NG)-II/96/RR-1/62. Dtd. 18.7.2005 and its Annexure-I contain the instructions for recruitment process. As per Para 2.2 “Vacancies shall be counted as those existing on 1st January or 1st July of the year of recruitment plus those anticipated over the next two years. The number of posts to be filled up should be got vetted by Associate Finance”. It indicates that number of vacancies shall be so fixed that there shall be no need for further recruitments by any method within two years. But the culprits deliberately violated this by arbitrarily reducing the vacancies in November 2007 and then appointing substitutes in July 2008 onwards i.e. within less than a year taking excuse of more number of vacancies.
7.2 Para 9.1 of Employment Notice No.1/07 (NWR Group D) states that “Selection will be based on Physically Efficiency Test (PET) followed by written examination. PET shall be of qualifying nature only, i.e. those who qualify in PET shall be called for written test. There will be no interview. Candidates to a limited extent depending upon availability of vacancies, in order of merit and as per reservation rules, out of those who obtain the prescribed minimum pass marks in the written test will be called for verification of original documents and identity and medical examination of relevant standard”. Further, as per Para 7.4 of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 “Minimum pass marks will be 40% for General candidates, 30% for SC/ST and OBC candidates”. It implies that the candidates who had obtained 40% (General) or 30% (Reserved) marks in written examination were eligible to be called for verification of documents and medical examination upto the extent of filling all the vacancies. But acting under the conspiracy, only about 2980 candidates were called for verification of original documents and identity and medical examination of relevant standard by arbitrarily fixing the cut off marks to 128 for General, 114 for SC, and 118 for ST which were 128/150=85%, 114/150= 76 % and 118/150=76% i.e. much higher than 40% and 30% prescribed by the Railway Board circular. This was done by the Ex.GM/NWR with malafide intentions to fill less number of posts than required/notified so that he could regularize already appointed backdoor substitute and appoint fresh substitutes citing the vacancies, which he did subsequently.
7.3 Para 7.8 of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 directs that “Medical examination of the candidates who have passed the written examination and PET shall be done before their empanelment. Accordingly, only those who have passed the medical examination will be included in the final merit list”. But the corrupt Ex.GM/NWR empanelled only 2980 candidates “before” medical examination and verification of documents and when about 500 candidates either absented or failed in medical or failed in document verification, the Ex.GM/NWR did not call further eligible candidates in order of their merit in the written examination for medical examination and document verification which could have filled the required vacancies. Instead the Ex.GM/NWR preferred to appoint less number of eligible candidates from open market with malafide intentions to regualrise back door substitute appointments and appoint more fresh numbers through backdoor in the name of substitutes.
7.4 In all about 88,622 candidates appeared in written examination held on 04.05.2008 and more than about 10,000 candidates secured marks more than the minimum pass marks of 40% for General candidates, and 30% for SC/ST and OBC candidates. It means that there were more than 10,000 candidates who were eligible to be called for medical examination and document verification but the corrupt Ex.GM/NWR conspired to call only 2980 candidates.
7.5 As per Railway Board instructions the final panel (i.e. after medical examination and document verification) should have been prepared for number of vacancies plus thirty percent i.e. final panel should have 2401x1.30=3121 number of candidates. But the corrupt Ex.GM/NWR empanelled only 2980 candidates that too before medical examination and document verification. Out of 2980 about 120 failed in medical examination, 150 failed in document verification, and 400 did not report therefore the number of candidates available for appointment were less than the number of vacancies.
7.6 As per Railway Board instructions if panel was made for vacancies plus 30%, it would have taken care of all existing vacancies and future vacancies arising in the period of two/three years for which the panel would be live. As per Para 7.11 of of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.2005 and Para of Annexure-I to Railway Board circular No. E(NG)-II/96/RR-1/62, Dtd. 18.7.20052(xiii) of Railway Board circular No. E (NG)-II/96/RR-1/62/Vol.II. Dtd. 12.3.2007 “currency of panel shall be for a period of two years from the date of publication. General Manager may, however, extend the life of the panel by one year in case of administrative exigencies”. Therefore, if the Railway Board instructions were followed there would have been no space for appointment of substitutes for three years from the date of publication of panel which is July 2008 and adequate number of regularly appointed candidates would have been available to replace the substitutes already appointed. But Ex.GM/NWR Shri Ashok Gupta conspired to anyhow run their racket of corruption of backdoor appointments in Group 'D' in the name of substitutes.
8. There is one more aspect which proves the conspiracy and fraud. The number of vacancies notified were 2401 and the RRC had sent a panel of 2422 candidates, then why the services of substitutes were not terminated and appointment to regular candidates from RRC panel were not given in their place. On one hand appointment to candidates who had passed the rigours of open market recruitment process were denied and on the other hand the substitutes appointed without any physical and written examination were allowed to enjoy the public appointment obviously because they had paid huge sums of bribes.
9. The accused and Railway Board vigilance is also trying to fraudulently project that General Manager has discretionary power to appoint substitutes under Railway Board circulars No.E (NG)II/90/SB/10/Master Circular 29/01/1991, and No.E(NG)11-2001/SB/2 dtd. 04.01.2001. Such plea is grossly fraudulent, factually incorrect, and malafide as evident from following points–
9.1 The CVC notification No.2000/VGL/74 Dated 12th July 2000 states that “Corruption is the use of public office for private profit”. It is corollary that “abuse of discretion is also corruption”.
9.2 As per Hon'ble Supreme Court judgment in S. Pratap Singh Vs. The State of Punjab 1964 AIR 72 that abuse of power for the purpose which is not bonafide is “fraud on power”. Here the question is whether Shri Ashok Gupta, Ex. General Manager, North Western Railway, Jaipur appointed substitutes for the purpose given in the relevant Railway Board circular or he simply abused the discretionary power to provide a guise to his real objective of granting backdoor appointments for making fast and huge illegal money.
9.3 The stipulations of aforesaid circulars have also been deliberately violated as indicated below–
9.4 The 1991 circular stated that “ Substitutes refer to persons engaged in Indian Railway Establishments on regular scales of pay and allowance applicable to posts falling vacant because of absence on leave or otherwise of permanent or temporary Railway Servant and which cannot be left vacant”. But the culprit officers appointed substitutes on the posts which were lying vacant since years together i.e. they could be left vacant for years together. None of the controlling officers under whom these posts were lying requested the General Manager to urgently fill up the posts through substitutes. In the file notings related to substitute appointment there is no mention as to why the post cannot be left blank and how the SPO/Rectt. has come to know that a post has become so urgent that appointment of a substitute is required. The approval of appointment for a particular person was taken first then post was assigned to him which proves that the prime motive was to appoint that particular person and urgency of filling a post was not the prime mover for the substitute appointment.
9.5 The 1991 circular state that “substitutes should, as far as possible, be drawn from a panel of suitable candidates selected for Group “C” (class III) and Group ‘D’ (Class IV) posts”. It further states that “the phrase “as far as possible” is not intended to confer unfettered discretion to appoint substitutes from outside. Substitutes should be appointed only from the panel. However, in special circumstances persons not in panel may be appointed but this should be for a very short period and only in urgent cases” but the culprits appointed substitutes from “outside” without preparing any panel even when 1795 applications were already registered with them. They instead adopted pick and choose policy purely governed by underhand dealings and only those were appointed who had directly approached Sh.Ashok Gupta, General Manager. In the file noting there is no mention that the substitute are to be appointed for “short period”, instead their appointment letters indicated that they will be regularized after due process,
[Example is appointment letters of Shri Sunil S/O Shri Laxmi Narayan, Shri Devendra Prasad Singh S/O Shri Badri Singh, and Sh.Laxmi Narayan Sharma S/O Sh.Vishambhar Dayal Sharma].
And they have already been regularized. It proves that in-fact regular appointments have been given in the name of “substitutes” abusing the provisions of circular of Railway Board.
9.6 The Para 6 of 2001 circular state that “Engagement of substitutes, if at all required, may be made only by way of exception and that too purely on functional considerations. It must be clearly understood that there is a need to ensure that all such engagements are linked to the posts which cannot be kept vacant until regular persons become available”, but the culprits did not terminate services of substitutes when regular persons were available from RRC in July 2008. On the contrary the substitutes are regularized and regular eligible candidates are denied appointment. Even after receipt of panel of regularly appointed candidates 45 persons have been appointed from the backdoor in the name of substitutes.
9.7 The para 5.1 of 2001 circular state “General Managers do not have unfettered discretion to engage substitutes”. But Sh.Ashok Gupta, General Manager, North Western Railway, Jaipur abused provisions of this circular as a “license to collect bribes” by appointing substitutes from backdoor, regularising them, and denying appointment to regular candidates, obviously with underhand dealing of about Rs.3 Lakhs in each case totally to a whopping 420 Lakhs for 140 appointments.
9.8 It is thus clear that the provisions of aforesaid Railway Board circulars have been grossly abused under a deliberate conspiracy to run a racket of backdoor appointments for huge bribes.
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