Overruling of Railway Board's order about PNM and other matters
DG/RPF deliberately fighting since Association opposing IPS deputations
How DG/RPF could alter and overrule the definitions of major and minor amendments contained in Societies Registration Act, 1860?
The RPF officers of Zonal Railways have not been holding PNM meeting at the behest of DG/RPF to promote bribery for redressing pending grievances in violation of the orders of the then MR
The irresponsible style of functioning of RPF Superior officers at the instances of DG/RPF caused serious discontentment amongst RPF/RPSF-men and provoked them to stage a severe protest
New Delhi: General Secretary, All India RPF Association (AIRPFA) U. S. Jha has written a letter to Chairman, Railway Board (CRB) after Meeting him on dtd. 18.12.2017 in Railway Board on DIG/RPF’s letter of dtd. 29.11.2017. He has written in his letter that DG/RPF is deliberately delaying AGM of All India RPF Association, Overruling of Railway Board's order about PNM and other matters and DG/RPF deliberately fighting since Association opposing IPS deputations.
He has written in his letter that on 18.12.2017 Secretary General, AIRPFA and General Secretary, NFIR met to CRB in Rail Bhawan and submitted a copy of the DIG/RPF’s letters of 29.11.2017 written with reference to the AIRPFA’s Notice of 24.11.2017 for holding meeting of AIRPFA’s General Council (GC) and Central Executive Committee (CEC) on 15th & 16th December 2017 at Agra.
He has informed to CRB that DIG/RPF vide his letter of 29.11.2017 informed the undersigned that the competent authority (DG/RPF) has (for the first time in the History RPF Association) not approved sanction of special C.L. and issuance of railway passes to the office-bearers and members (around 200) of GC/CEC of AIRPFA and they're sparing for the above meeting on the pretext of manpower constraints in the field caused by RPF/RPSF-men’s deployment for Gujarat elections.
In his letter, GS/AIRPFA said that the DG/RPF should have approved sparing of the office-bearers and members of GC/CEC of AIRPFA with the facilities of Special C.L. and railway pass to attend the above meeting of AIRPFA either on 15th & 16th December 2017 by withdrawing the illegally deployed thousands of RPF/RPSF-men from RPF/RPSF Officers’ bungalows or on 17th and 18th December 2017 after RPF/RPSF-men returned back on 16.12.2017 as polling ended in Gujarat by 14.12.2017.
But, by disallowing the elected office-bearers and members of GC/CEC of AIRPFA to attend the above due meeting either on 15th and 16th December 2017 or on 17th and 18th December 2017, the DG/RPF has robbed the RPF/RPSF-men of their fundamental rights to form and continue Association guaranteed by the Constitution and given by Govt. of India, Ministry of Railways; vide the noted orders dated 14.8.98 and 30.11.98 of the then Minister for Railways (Sh. Nitish Kumar) and Minister for Home Affaires (Sh. L.K. Advani).
Through the aforesaid letters dated 14.08.98 and 30.11.98 the then Union Ministers of Railways and Home Affairs restored recognition and facilities to the Zonal and All India RPF Associations alleging the then DG/RPF of illegally banning them by deleting nine words (is not recognized as part of the Force or) from Section 15A(1)(b) of RPF (Amendment) Act, 1985 which allowed RPF-men to continue to be members thereof.
GS/AIPFA said in his letter that the then DG/RPF had illegally banned the recognized RPF Associations to terrify and engage RPF-men for the revival of their Associations instead of protesting against him (DG) for he secretly deleted Section 19(2) of RPF (Amendment) Act, 1985 (which totally banned deputation to RPF) and illicitly continued deputation of IPS officers to RPF.
He said that by illegally deleting Section 19 and nine words from Section 15A(1)(b) of the RPF (Amendment) Act, 1985, this Act was inserted in the principal RPF Act, 1957, notified in the Official Gazette dated 18.09.85 and enforced w.e.f. 20.09.85. He has written and said that on my complaint, Union Law Ministry issued a Corrigendum Gazette Notification of 04.08.2006 directing to restore the aforesaid deleted nine words to Section 15A(1)(b) and Section19(1) & (2) to Section 21(4) & (5) of the Principal RPF Act, 1957.
But the Corrigendum has not yet been complied with for which legal Advisor vide his note dtd. 28.12.2006 advised holding responsible the officers who distorted the Act and failed to restore the deleted Section 19 and nine words of Section 15A(1)(b) thereof. Though it is well known that in September 1985 one DG/RPF illegally deleted Section 19 and nine words from Section 15A(1)(b) of the RPF (Amendment) Act while inserting the Act in the Principal RPF Act, 1957 and all other Directors General who refused to restore those deleted provisions to RPF Act are responsible but they have not yet been punished.
He has said in his letter that before getting the letter dated 29.11.2017 sent by the DIG/RPF/MAC to AIRPFA the DG/RPF had got written by him a long letter dated 15.09.2017 to all the CSCs/RPF/RPSF falsely alleging the AIRPFA of violating the Railway Board’s letter dated 11.08.1999 to avenge his grudge he created against AIRPFA for filing a Writ Petition in the High Court, Delhi against deputation of IPS officer as DG/RPF which is still pending.
The Constitution of AIRPFA of 2001 was exclusively for the apex AIRPFA whereas the recognized Zonal RPF/RPSF Associations and their Divisional/Batalian bodies continued to be governed by their own Constitution till 2008 the amended Constitution of AIRPFA provided rules for the functioning of Zonal RPF/RPSF Associations and their Divisional/Batalian Bodies.
The undisputed AIRPFA’s Constitution of 2008 has been implemented by the Ministry of Railways (Railway Board) till date since the DG/RPF has refused to approve the four amendments made in this Constitution in 2010 without his wish.
By sending a copy of the apex AIRPFA’s Constitution of 2001 with his letter dated 15.09.2017 to the CSCs of Zonal Railways and RPSF, the DIG/RPF/MAC advised them to strictly adhere to the same. This caused confusion amongst the CSCs and most of them stopped permitting meetings of Zonal RPF/RPSF Associations and their Divisional/Batalian Bodies on the plea that the AIRPFA’s Constitution of 2001 did not provide rules for their functioning.
GS/AIRPFA U. S. Jha said in his letter that the irresponsible style of functioning of RPF Superior officers at the instances of DG/RPF caused serious discontentment amongst RPF/RPSF-men and provoked them to stage a severe protest but I requested them not to be provoked. He also said that if required he shall sit on fast unto death against the DG/RPF’s Commissions and omissions after apprising the CRB of the same and taking his guidance. He said, The officers of Zonal Railways have not been holding PNM meeting at the behest of DG/RPF to promote bribery for redressing pending grievances in violation of the orders of the then MR.
He referred that vide paragraphs 3 and 4 of DIG/RPF/MAC’s letter dated 15.09.2017 the AIRPFA has been falsely alleged of substantially altering the structure of representation by amending its Bye-laws without obtaining prior approval of DG/RPF in violation of para 12 of Railway Board’s letter dated 11.08.1999. In fact, AIRPFA’s Constitution of 2001 provided for 16 Office-Bearers. The Constitution of 2008 increased the number of Office-bearers to 19 and reduced the number to 18 in 2010. Only two Office-Bearers have been increased to provide representation to seven new Zonal Railways created in 2003.
In his letter, GS/AIRPFA said that no DG/RPF has so-far categorized in writing the amendments of a substantial character. Vide their letters dated 16.05.2011 and 15.09.2017 the Security Directorate, Railway Board have arbitrarily declared that in case of any doubt as to whether any amendment in the Constitution/Bye-Laws of AIRPFA is of substantial character or otherwise, the decision shall rest with the DG/RPF. They have not explained how DG/RPF could alter and overrule the definitions of major and minor amendments contained in Societies Registration Act, 1860?
He said in the letter, vide the Railway Board’s letters No. 2010/Sec.(Spl)/6/12 dated 30.06.2010 and 15.09.2011 the AIRPFA was informed that DG/RPF had not agreed with the amendments made by AIRPFA in rules 4(b), 7(b) and 9(xii) of its Constitution/Bye-laws in 2010 without his prior approval. In fact, those amendments being of minor importance and not of a substantial character within the meaning of Section 12 and 12A of the Societies Registration Act, 1860 were made without his approval and rightly communicated to him as per para 12 of the Railway Board’s letter of dated 11.08.1999.
A copy of an aforesaid letter dated 30.06.2010 signed by the then Director/RPF, Railway Board was also endorsed and sent for information and necessary action to the Registrar of Societies, Govt. of NCT of Delhi who vide his letter No. RFS/S-34924/4066 dated 03.08.2010 informed him (Director/RPF) that the above said amendments in AIRPFA’s Bye-laws being of minor importance and not of substantial character as per Section 12 and 12A of the Societies Registration Act, 1860 were approved by him (Registrar) which cannot improperly be overruled by DG/RPF.
In fact, the deputationist IPS officers had drafted two Bills in 1957 to make RPF an Armed Force of the Union relatable to entries 80 and 2 of the Union List of the Constitution but those Bills being unconstitutional were turned down vide para 12.03 of One Man Expert Committee (1976) headed by Kripal Singh, Ex.CRB. Finally, RPF Act, 1957 was enacted under Entry 22 (Railways) of Union list and entry 2(Cr.P.C) of Concurrent List of the 7th Schedule to the Constitution of India.
In 1984, they tried to include RPF in Article 33 vide the Constitution (52nd Amendment) Bill, 1984 but Parliament refused to do so as RPF is charged with the protection of Railway property and not with the maintenance of public order. Thus, RPF cannot be and is not an Armed Force of the Union even under RPF (Amendment) Act, 1985 vide Article 77 of the Constitution and the Allocation of Business Rules, 1961 framed by the His Excellency the President of India.
As usual, on 07.12.2017 a Notice was issued for holding Annual General Meeting (AGM) of AIRPFA from 09 to 11.01.2018 at Officers’ Club, State Entry Road, New Delhi but the DIG/MAC vide his letter of 28.12.2017 informed the AIRPFA that DG/RPF has advised holding the AGM in post-mid February in view of heightened terror threat due to ensuing republic day-2018. The GS/AIRPFA requested to the CRB to order DG/RPF to honor the Railway Board’s order allowing its due meetings on fixed dates.