Article: SWATCH BHARAT/CLEAN INDIA:EXTERNAL AS WELL AS INTERNAL: SESHADRI VIKRALA VIEWS AND VISION:

[Seshadri Vikrala, B.Sc; LL.M.; PG.Dip.in Crl.Laws; PG.Dip.in IRPM-Asst.Security Commissioner, RPF/Retired]

SWATCH BHARAT/CLEAN INDIA - What a wonderful idea inculcated in the minds by our beloved Prime Minister of India. He has rightly described himself as the Prime-Servant and putting the matters on move by following everything in time and spirit.

By this caption, we all understand that we have to just clean the external wasteful dumps, dirty matters and make India look very beautiful country in the world. We, from the lowest to the top position, started the Swatch Bharat campaign in true spirit and action. But, how long this work shall continue, as long as we determine to do so, or as far as, where there is a will there is a way.  But the unanswered question still remain is that - where to dispose/dump the wastage, are there any recycling bins, dump yards, nominated officials to supervise and continue its work on daily basis, take drastic and exemplary action on the defaulters, and so on. Nothing seems to have come on record?

Now, take the case of Officials sitting in the position of high command, who are held responsible and to shoulder decision making Orders , first make clean their mind-set from corrupt practices, corrupt mind, thoughts and actions, thus avoid their actions leading to White Collar Criminality at the lower levels. 

Honorable Supreme Court of India is making out its concern over corrupt and indifferent inactions of the government officials through its Judgments and Orders. In the contra, the GOI is found to be sticking to its own stand to apply the Order and implement only to the Petitioners/Respondents in a particular case but not to all the employees, pensioners who are found to be placed in a similarly situation. Then what is the fate of each of such individual? In the given situations, they must think of going to the Courts of Law and get the Orders implemented to them also. When the GOI/Departments go into this type of decision making duly sidelining the Honorable Supreme Court’s Orders, where is the Justice? In my view, once Justice is delayed, Justice is denied; Justice denied is Justice buried once for all.

For example, take the case of implementation of VI CPC Orders for pensioners to be made effective from 01^st Jan, 2006 to pre-2006 pensioners, but it seems DoP&T Orders were issued only to the Respondent/Petitioners and not to all. Where to go for Justice? Then, again go to Courts of Law for justice. This is the life style written in our fate by GOI? Who is having “Clean Mind and Thoughts in implementation of Orders” in this type of Govt. / one and all who are placed in similarly situation?

The GOI’s decision  making and its implementation lies in the hands of the HODs, the Orders can be made retrospective, but they do not issue such Orders, just to apply economy through such restraints, but can spend crores on other issues.

Another glaring example I want to put herein for reading?

Under the Control and Command of the Ministry of Railways, the GOI is running “RAILWAY PROTECTION FORCE”  one of the Armed Force, headed by one Indian Police Service Officer as its Director General, the Head of Security Directorate at the Railway Board. The Railway Board is established through ‘The Railway Board Act’. RPF is having its own RPF Act, set of RPF Rules, and is governed by the Directions and Orders issued by the GOI/Department of Personnel and Training from time to time. However, on one pretext or the other, it is noticed that the RPF Directorate, the Railway Board is not inclined to scrupulously follow and implement GOI Orders, RPF Rules, in its true spirit and so on.

Take the case of maintenance of seniority list of Inspectors on all India basis, setting up and conducting of Departmental Promotion Committees in the RPF by the Railway Board as contained in  RPF Rules, the Orders of GOI / DoP&T in these matters; since decades nothing seems to be in order for the reasons beyond imagination, no one is coming forward to bring the facts on record to correct the errors/mistakes which they have committed in these matters.

Had the Railway Board, RPF Directorate followed RPF Rules, DoP&T Orders in true spirit in regard to maintenance of seniority list of Inspectors at DG, RPF Office on all India basis and conducted DPCs as contained in RPF Rules, most of the Inspectors, adhoc-departmental ASCs could have got promoted much earlier and could have retired as that of their juniors retired in Senior Administration Scale of Pay/Pension, and would have been benefitted of their just pension at par with their junior. The same is denied till date.

Only one case is enough to ventilate the “CLEAN INDIA CAMPAIGN/SWATCH BHARAT “ implementation in Railway Board, RPF is that: the GOI/DoP&T through its Office Memorandum No. 22011/4/98-Estt.(D) dated 12-10-1998 , issued Orders, in consultation with the Ministry of Law , that in case the DPC’s are not held in due course as per Schedule on account of various reasons beyond their control, like Court Cases, the DPCs if held in later years, the names of retired officials also to be considered and if fit in the zone of consideration for the vacancy of previous year/s, their names also to be included in the DPC’s Panel Lists, even by making out extended Panels. The same is not done and being denied to the eligible pensioners.

Just read news / go through recent Judgment Order of the Honorable Supreme Court of India in the case of BCCI/ concerning to Cricket, officials. No comments need be there to enlighten its displeasure.

Non implementation of the above mentioned OM by Railway Board, in my view, perpetuates conflict of interest in the running of the Office as per the sway of someone in this matter in the RPF Directorate.  In my considered view, by and large, even a Department/Ministry, like the RPF can also be treated as an “Institution” by which its “Institutional Integrity and Discipline”, if outlined, being governmental Agency, comes for debate being a Force dealing with a public function in shouldering the safety and security of railway passengers and the railway property. Without making the sufferers to choose to take steps to knock the doors of the Courts of Law, it shall be the responsibility of the HOD to see that in larger interest of its employees, they are better looked after and put the Orders within the frame work of its own Rules and Directions of GOI, and not to deviate for personal gains...

But, the Railway Board, had interpreted this Order otherwise, may be to suit to their convenience and dropped the seniors/retired officials names from the DPC’s Panel Lists of Asst. Security Commissioners and by filling up previous years vacancies and promoted juniors in their places, thereby the very system of Fundamental Rights as guaranteed under Article 309 of the Constitution of India is once for all barred to senior citizens. The result is that juniors are benefited with more pension and perks than seniors. Efforts made by some since several years yielded no result so far. Herein, even the Railway Board Orders issued under RBE No.27 of 2007/IREM –Para 228- issued in lieu of Honorable Supreme Court of India Judgment Order in SLP(C) No. 4222 of 2006 is found to have been not being adhered to by the Railway Board, RPF.  

If once deviated from the Rules and the Law, even a single Rule, the very concept of Rule Making Machinery of GOI shall have no balancing control on anything and shall eventually relegate its image to dustbin, even the other departments, officials may not have any alternative to say anything against the decisions of the HOD/BOSS.        

                    At least now in the wake of “ SWATCH BHARAT/Clean India ” campaign, your good selves may kindly fill up the missing dimensions and the absence of transparency and accountability in the RPF Directorate, Railway Board and be made to implement, and apply DoP&T Office Memorandum No. 22011/4/98-Estt.(D) dated 12-10-1998 and interpolate retired officials names according to seniority and issue Deemed Promotion Orders at par with their junior to enable to get Pension benefit/eligible according to position in seniority just as that of junior.

                    Let there be some honest overseer who can take the burden of responsibility, liability and see that nothing shall go out hands, out of his power and authority, or against the Law, the Rules, and see that the subordinate officials work scrupulously without their own interpretations and lean to take charge of the situations to suit them of their choice and will by sideling the HOD.

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