Sri. Murli Deora Ji
Hon’ble Minister of Petroleum & N.G.
Sub : Reinstatement in Services of HPCL.
I am submitting the following narration for your kind consideration and appropriate decision in the matter as per your conscience.
I, R.P.Srivastava joined HPCL on 22.06.1982 as on Operations officer.
By dint of hard work, sincerity, excellent track record of performance got promoted as Sr. Operations Manager in Feb. 2006.My work was well appreciated by HPCL Management for Handling of AR3A’s and Scrap Disposal.
I was elected as Treasurer, H.P. Management Staff Association in the year 1995 and continuing till date.
I was elected as Coordinator Oil sector Officer’s Association in the year 1998 and continued till 2008.
Supported Govt. initiatives on deregulation and globalization of Petroleum Products. It is a matter of record that there was no strike in the Oil Sector during my tenure and settled two salary revisions and complete deregulation of oil sector including dismantling of APM.
Govt. of India decided to privatize HPCL and BPCL. We opposed the Govt. move as we feared that Oil sector will shift from the Public Sector Monopoly to Private Sector Monopoly. We argued to the view point that no monopoly (either Public Sector or Private Sector) is good. In the best interest of the nation & to bring efficiency and accountability, it is important that market be completely deregulated and let their be strong competition between public sector and the private sector so as to ensure that the fellow countryman reap the fruits of the Govt. policy of deregulation and globalization. Despite stiff opposition by Congress Party and all other political parties in Parliament, NDA Govt. decided to proceed with privatization of HPCL & BPCL.
We approached Madam Sonia Gandhi ji, then Hon’ble leader of opposition. We were directed to meet Dr. Manmohan Singh ji then Hon’ble Leader of Opposition in Rajya Sabha.
Dr. Manmohan Singh ji facilitated our meeting with Dr. Abhishek, Manu Singhvi Senior Advocate Supreme Court of India. Dr. Singhvi was not very confident on the legal merit of our case.
During our interactions with Dr. Manmohan Singh ji and other policy makers it was consistently brought out that PSUs have to work hard to change the perceptions and we were also advised to build public opinion in our favor against privatization. In this regard we approached legal luminaries, economists, policy makers and made detailed presentations and through media got favourable reports. All our above efforts got fructified and we got judgment in our favour by Hon’ble Supreme Court of India staying the privatization of HPCL & BPCL.
We continued to work tirelessly to improve the performance of Oil PSUs and eliminate corruption completely. In this regard we took up several cases and corrective action were taken by the Govt.
We were happy to learn that MOP & NG under your leadership is committed to eliminate adulteration and in this regard marker system was introduced and inaugurated by your good self at IOC Bijwasan Terminal on 4.10.2006.
To our shock and dismay, within less than 6 months several cases of extortion, Bribery were reported against the representatives of M/s. SGS India (Pvt) Ltd. and it was also reported that the marker is not tamper proof. This also lead to litigations in the several Courts and majority of the decisions went against oil PSUs.
Oil PSUs Managements were forcing the company officers (Myself being the nodal person ) to release the payments to M/s. SGS India Ltd. without following the due procedure and every time it was reiterated that M/s. SGS India Ltd. Payments are being monitored by MOP & NG personally. In one of the meetings officers conveyed to HPCL top management that let the procedure be explained to M/s. SGS India Ltd. regarding the payment i.e., submission of the Invoices etc. and due procedure be followed efficiently and payments can be released on time. However the concerned Top Management representative told them that they should not insist for following the procedure rather release the payment as Mgt. was to confirm to MOP & NG.
In view of reported extortions, high handedness of M/s. SGS India Ltd., marker not being tamper proof and with amended MS and HSD control order (incorporating use of marker system), adulterating dealers getting free field for adulteration of petroleum products (as the existing Rules were not implemented) and constant threats from the top management to release the payment without following systems and procedures and always dropping the names of MOP & NG. We decided to reach the truth of the matter and accordingly asked our advocate Sri. Y.P. Singh former IPS to put up RTIs in Nov. 2007.
Mr. Y.P. Singh sent RTIs to MOP & NG and all the three Oil PSUs.
We got detailed information from IOC on 05.05.2008.
We observed serious irregularities in award of contract to M/s. Authentrix Ltd. and SGS India (Pvt.) Ltd. We shared the irregularities with HPCL Top Management and requested them to take corrective actions so as to avoid future problems.
HPCL Officers went on alleged strike on 06.05.2008 against illegal appointment of Sri. Sanjay Grover.
In view of the exposure of then Secretary P & NG and Oil PSU Managements in award of contracts for marker system, in order to silence our voice we were issued a memorandum on 07.05.2008 without any basis.
We went ahead with our resolve to fight corruption and filed complaint against Sri. M.S. Srinivasan then Secretary Petroleum & NG, M/s. Authentrix Ltd. U.K. and M/s. SGS India Ltd. before Joint Director CBI, Mumbai on 12.05.2008.
HPCL Management chargesheeted me on 30.7.08 in the Marker case and alleged that I have displayed confidential information on Association Notice Boards on 6.6.08, incidently I was with CVC on that day along with Shri Ashok Singh and the so called confidential information was already published in the Indianpetro.com on 21.5.08 itself
. HPCL Management instituted in enquiry in the matter on 21.11.08. Despite my repeated requests to provide me documents supporting allegations. no documents were provided. HPCL management knew it well that I can not be linked to alleged charges at all. It was clearly an established case of taking illegal action with malafide intentions.
second hearing in the case was held on 17.02.2009 and during the proceedings I asked to provide me the approved CFD note , the E.O. abruptly closed the enquiry , and fixed 10.4.09 as next date and advised P.O to produce the necessary document .
since I was a co complainant in the CBI complaint HPCL Management was after my blood and unleashed the reign of terror on me. All my assistance taken away , legitimate travel expenses stopped and evicted from my office and made to sit under stairs case , where a steno used to sit..HPCL Management tried to teach me a lesson for exposing corruption in high places and by passed all Human Relation Practices.
HPCL Management was bent upon removing me from the corporation , they had done it already with Ashok Singh in a false and fabricated case, the OSOA strike came handy for them , You are well aware that HPCL was not participating in the strike , they alleged me once again that I have instigated the officers to participate in the OSOA strike. It is note worthy , that I was on duty on all the days of strike. I was suspended for no fault of mine and a charge sheet was handed over on 28.2.09,
Realizing that now HPCL Management was falling into their own trap by leveling malafide, false, illegal actions against me & they are liable for prosecution they hatched another conspiracy so as to ensure that I am not able to expose their corruption in this case.
As a part of conspiracy they dismissed me from the services of HPCL on 12.03.2009 in an alleged strike case of 06.05.2008 & Memo issued to me on 07.05.2008. In this case also in addition to many illegalities, criminal conspiracy the following are grave irregularities.
These points would demonstrate clearly & categorically that how illegal, arbitrary and malafides is the order passed by Disciplinary Authority and also upheld by the Appellate Authority.
· My unblemished impeccable service record has been over looked and a slip shod inquiry has been conducted as a mere farce with a pre-planned, predetermined motive and design to victimize me to settle scores.
· No testimony of any witnesses has been relied upon by either by the Disciplinary Authority or the Appellate authority then why was the enquiry instituted.
· Testimony of witness conducted in some other enquiry has been used against me. Without giving me an opportunity to cross examine the said witness thus the entire enquiry stands vitiated.
· No documents were supplied to me and none of the documents were ever proved by producing the author of the document.
· The Director – HR who was directly and substantially involved in the events and was summoned by me as witness to be examined yet he has sat in judgment as an appellate authority in violation of principle of natural justice.
· Key Witnesses such as Director – HR, G.M. HR (Mktg). of the Corporation, the person in charge of the website, IT & S officer who could establish the veracity of the email were not produced even upon my insistence.
· Emails produced were of no relevance in the absence of the TCP / IP addressesand corroboration by an IT&S officer
· Management has failed to appreciate that all my actions were acts done in good faith and for and on behalf of the association.
· It has been held by the Apex Court that strike in any way in a democracy is the only way to vent the feelings and grievances and thus is not unconstitutional.
· The entire gamut of the enquiry is bizarre and no procedure has been followed with any meaningful hearing.
· No oral hearing has been granted to me at any stage and all orders have been passed behind my back.
· The entire proceedings disclose that no efforts have been made to ensure fair dispensation of justice.
· Even statuary 15 days time was not allowed for replying to E.O’s report.
· E.O used so many imaginary arguments in his report , which were unfounded and baseless.