RBE No. 23/2016: All India OBC Railway Employees’ Federation (AIOBCREF)
No.2013-E(SCT)I/71/5 (Vol.), dated 24.02.2016
Sub: Election & functioning of Central Executive Committee of All India OBC Railway Employees’ Federation/ Association – Clarification from the Registrar of Societies NCT of Delhi.
Ref: (i) Board’s letter No.2013-E(SCT)I/71/5, dated 04.08.2014,
(ii) Board’s letter No.2013-E(SCT)I/71/5 (Pt.I), dated 27.10.2015,
(iii) Registrar of Societies’ order No.F.ROS/ND/Society/692/2015/10319-23, dated 14.01.2016 & 11.02.2016,
(iv) Board’s letter No.2013-E(SCT)I/71/5, dated 02.08.2013
1. Attention is invited to Board’s letter dated 04.08.2014 under reference wherein the list of office bearers of CEC of all India OBC Railway Employees’ Federation (AIOBCREF) duly elected on 11.05.2014 was circulated for a period of two years i.e. 2014 to 2016 subject to the outcome of court case/ FIR filed, if any.
2. There have been internal conflicts among the office bearers of CEC/AIOBCREF and within its rival groups. There are a lot of litigations in the matter in various courts in which M/O Railways as well as Registrar of Societies are parties. The grievances and complaints in AIOBCREF’s matters were referred to appropriate authority i.e. the Registrar of Societies, NCT of Delhi for seeking clarifications.
3. In pursuance of Hon’ble High Court of Delhi’s above orders dated 28.08.2015, 09.10.2015 & 20.11.2015 passed in WP(C) No.8240/2015, Registrar of Societies vide order No.F.ROS/ND/Society/692/2015/10319-23, dated 14.01.2016 has issued the following orders:-
(i) Hence, the minutes of CEC meeting dated 20.04.2014 lacks bonafide. As such the minutes dated 20.04.2014 of the CEC of the Federation deserves to be held untenable and unsustainable. Consequently all subsequently decisions and the decision taken in the said meeting of CEC dated 20.04.2014 pursuant to that are held to be invalid.
(ii) Since the meeting dated 20.04.2014 of the CEC is held invalid, it is also declared that subsequent meetings and decisions taken in meeting after 20.04.2014 are also invalid. The circulation of office bearers of the Federation by the Railway Board after 20.04.2014 is also not as per the rules and regulations of the society and based on meeting of 20.04.2014 and hence invalid.
(iii) A valid voter list has to be first circulated containing all the valid members of the society and then only fair, free and transparent election can be held in the society. Hence, a valid voting list be first prepared by the Society Government body.
(iv) Since, the meeting dated 20.04.2014 of the CEC is held invalid, it is also declared that subsequent meeting and decisions taken in meetings after 20.04.2014 are also invalid. The circulation of office bearers of the society by the Railway Board after 20.04.2014 is hence invalid.
4. Further, necessary clarifications on the above orders has also been received from the Registrar of Societies vide letter dated 11.02.2016 under reference. Based on the above orders and clarifications issued by the Registrar of Societies NCT of Delhi, the following are issued:-
(i) Board’s letter dated 04.08.2014 circulating thereby the list of elected office bearers of CEC/AIOBCREF based on the election held on 11.05.2014 stands null and void and the same may be treated as withdrawn, as if it has not been issued at all. Further Board’s letter dated 27.10.2015 issued subsequently vide which the resignation of office bearers of CEC/AIOBCREF was circulated also stands null and void.
(ii) The Apex body i.e. CEC/AIOBCREF which has been existing prior to 20.04.2014 as circulated vide Board’s letter No.2013-E(SCT)I/71/5, dated 02.08.2013 becomes valid and functional. The same (CEC/AIOBCREF) can act for day to day office functioning in addition to conducting immediate fresh elections as this Committee has the locus standi till a new and legally valid body resumes the charges as per the order issued by the Registrar of Societies dated 14.01.2016 and 11.02.2016. Thus, office bearers whose name (except those who has/have retired) was circulated vide Board’s above letter dated 02.08.2013 are entitles for the extant facilities of the Federation at apex level till further orders.
(iii) The expulsion decision of new office bearers of CEC/AIOBCREF viz. Shri S. Ramachandra Rao/President, Dr. P. Rajasekhar/Joint Secretary, Shri B.K. Sahoo/Joint Secretary,Shri G. Sreedhar/Joint Secretary and Shri A. Bhanumurthy/Astt. General Secretary shown to be taken by the purportedly held CEC of AIOBCREF meeting dated 20.04.2014 stand invalid. The further decisions taken in the above meeting regarding affiliation of few Zonal body of OBC Association of few Railways viz. NE Rly, NC Rly & DLW and regarding disqualification of few Zonal Body of OBC Associations viz. E.Co Rly. & SEC Rly. are also stands invalid.
(iv) The executive body of OBC Associations at all levels i.e. Zonal, Divisional and Branch level which came in to place or have been expelled/ suspended as per the outcome of CEC meeting 20.04.2014 as per the recommendations of the CEC/AIOBCREF circulated vide Board’s above letter dated 04.08.2014 becomes null and void. However, those elected and circulated bodies of OBC Associations which are not affected by the purportedly CEC meeting of OBC Association held on 20.04.2014 would not be disturbed, subject to their functioning as per their respective bye laws.
(v) The executive body of the OBC associations affiliated to CEC/AIOBCREF which had been existing prior to 20.04.2014 would become received and operational which would act for day to day office functioning in addition to conducting immediate fresh elections as this Committee has the locus standi till a new and legally valid body resumes the of charge as per Registrar of Societies’ order dated 14.01.2016 and clarifications issued vide letter dated 11.02.2016.
5. The above me please be brought to the notice of all concerned for information/ guidance and necessary action.
6. A copy of the order of Registrar of Societies dated 14.01.2016 is forwarded herewith for information/ guidance and necessary action as regards functioning and circulation of the list of office bearers of the Zonal OBC Association.
Registrar of Societies, NCT of Delhi
No.F.ROS/ND/Society/692/2015/10319-23, dated 14.01.2016
ORDER
Whereas, Hon’ble High Court of Delhi vide order dated 28.08.2015, 09.10.2015 and 20.11.2015 passed in WP(C) No.8240/2015, has directed, the Registrar of Societies/Sub Divisional Magistrate, Chanakyapuri, to examine the issue relating to All India OBC Railway Employees Federation after considering the contentions/submissions of the petitioner and to take a view on the matter thereon within four weeks. After careful examination of the representation submitted by the petitioners as well as entire file of the Society (Regd. No.S-33475), the following issues are considered for resolution and findings are rendered as follows:-
1. The provisional certificate of registration was declared invalid by the Registrar of Societies vide order dated 24.09.2015. The amendments carried out and the provisionally amended constitution were also declared invalid due to procedural deficiencies vide order dated 20.11.2015.
2. Validity and genuineness of the minutes of the Central Executive Committee (CEC) of the All India OBC Railway Employees’ Federation (AIOBCREF) dated 20.04.2014.
FINDINGS
As for the minutes of the CEC meeting dated 20.04.2014, members namely as Shri S. Ramachandra Rao, Shri Krishna Mohan Prasad, Shri Bheesmudu and Shri T. Ravichandran attended the said meeting in New Delhi and their attendance was marked at S. No.3, 13, 18 and 25 of the minutes. At the same time the Official Railway record also reveals that these officials were present on their official duties at Visakhapatnam, Chakradharpur, Raipur and at Chennai respectively as on 20.04.2014. The intimation about aforesaid member’s presence in their respective offices is coming from senior Railway officials from different quarters would amply reflect that these members were not present in the CEC meeting on 20.04.2014 in Delhi. It is impossible for the same official to be present in both the CEC meeting and also at their official workplace on the same day at the same time. Moreover, many such numbers whose attendance was marked in the CEC meeting submitted sworn affidavits to the extent that they were not present in the said CEC meeting and no such meeting took place on 20.04.2014 at New Delhi and thus the question of their signing of the CEC minutes won’t arise and they also declared before the Registrar of Societies in a personal hearing on 03.10.2015.
The original records related to the CEC meeting held on 20.04.2014 were lost in November, 2015 as reported by O. Sunderamaih and an FIR was also lodged.
Thus, the expulsion decision shown to be taken by the purportedly held CEC meeting dated 20.04.2014 are invalid.
Hence, the minutes of CEC meeting dated 20.04.2014 lacks bonafide. As the minutes 20.04.2014 of the CEC meeting of the Federation deserves to be held untenable and unsustainable. Consequently all subsequent decisions taken in the said meeting of CEC dated 20.04.2014 pursuant to that are held to be invalid.
3. Validity of all decisions taken pursuant to the meeting dated 20.04.2014 and those orders, notifications issued after the meeting dated 20.04.2014.
FINDINGS
Since the meeting dated 20.04.2014 of CEC held invalid, it is also declared that the subsequent meetings and decisions taken in the meetings after 20.04.2014 are invalid. The circulation of office bearers of the Federation by the Railway Board after 20.04.2014 is also not as per the rules and regulations of the society and based on meeting of 20.04.2014 and hence invalid.
4. Grant of Certification to governing body who were elected as CEC/Governing body members of the society, in the elections held on 24.08.2014 at New Delhi
FINDINGS
Since, the meeting dated 20.04.2014 of the CEC is held invalid, it is also declared that subsequent meetings and decisions taken in the meeting after 20.04.2014 are invalid. A valid Voter list has to be first circulated containing all the valid members of the society and then only free fair and transparent elections can be held in the society. Hence, a valid voting list be first prepared by the Society Governing Body.
5. Validity of the minutes of the CEC dated 20.09.2015 and 29.09. 2015 and validity of circulation of office bearers of the Federation by the Railway Board on 27.10.2015
FINDINGS
Since, the meeting dated 20.04.2014 of the CEC is held invalid, it is also declared that the subsequent meetings and decisions taken in meetings after 20.04.2014 are invalid. The circulation of office bearers of the society by the Railway Board after 20.04.2014 is hence invalid.
6. Examination of the original minutes of the CEC dated 20.04.2014 produced by the ex General Secretary of the Federation dated 05.05.2013 through a Forensic Science Expert at Central Forensic Science Laboratory (CFSL)
FINDINGS
Since, original record of the Federation dated 20.04.2014 is missing as reported by O. Sunderamaiah and hence its examination in comparison with the meeting dated 05.05.2013 is not possible at this stage. Further decision can be taken in this regard only after production of original record by the Federation before the undersigned.
7. Prohibition on holding of future elections & meetings till the disputes are resolved by this office.
FINDINGS
As observed above, the undersigned is of the opinion that the Federation at this juncture shall declare its valid voter list and then the list shall be undisputed for any election to be meaningful. As such, it is highly desirous that first of all the Federation/ Railway authorities prepare an Undisputed list of members and voters of the Federation and thereafter an open election conducted under secret ballot system in the presence of Railway Board/ Concerned Railway Administration appointed observers should be conducted. Or otherwise, several rounds of litigation from various quarters are found to surface. Hence, any further election shall only be held after circulation of valid voter list and then due procedure be diligently followed to avoid any further litigation and smooth running of the society. That it is desirable that the Railway administration should circulate the lists of the office bearers after proper validation granted by the concerned Registrar of the Societies to avoid further disputes and legal complications.
Download Railway Board Circular RBE No. 23/2016
Forward reference⇒RBE No.