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Anand   20 June 2018

What type of case i can file

Subject:  My hand twisted, mobile snatched, threatened to be thrown under wheels of a running train/out of the running train, plucked and given a few strands of hair to go to anybody for justice.

I am a goods guard working for Indian Railways of Bengaluru Division.  Headquarter is at SGT, Whitefield, Bangalore.  I was given an old tricolour torch that got damaged while working in the brake van (BV) of a goods train and also was willing to get my NPS papers signed by the Divisional Personnel Officer.  Hence, I went to the office of Divisional Railway Manager to get these things done on 22.11.16.  I had availed a periodical rest (PR) on that day and was off duty.  While returning back, I went to board the passenger coach (Brindavan Express at 15:00 hours at Krantiveera Sangolli Rayanna Bengaluru station) and found that many of the passenger coaches were totally filled.  So, I went to the brake van (BV of GSLRD) next to the locomotive.  Even this BV was filled with some 15 to 20 Railway employees, but I got a place to stand in one corner.  Looking at my entry into the BV, one of the persons seated on the chair, on suspicion asked me if I was a railway staff, and I said I was a Goods Guard.  On hearing that I was a goods guard, one physically well-built person, aged around 30 to 35, well drunk, put on the door latch so that no others enter the BV.  He asked me at which station I was getting down and I replied it was at Krishnarajapuram.  On hearing this, he asked me to get down on the non-platform side at that station, and that he and his gang in the BV are not going to open the BV door on the platform side, or since he and his gang are getting down at Bangarpet I should go along with them to Bangarpet Junction (about 60 kilometers away from Krishnarajapuram) and come back to my place (Krishnarajapuram) in another train.  He spoke in a manner that sounded very arrogant and authoritative.  I guess he is only a Jamedar or somebody who is holding some group D post in the administrative block.  He entered the BV unauthorized and debarred me from exit from the BV meant for the guard.  I told him that he does not have to take the trouble of opening the door and that I myself would open the door and go out.  Feeling offended by my reply, he in a very indecent manner said, "We will see how you will get out of that door and you can go to whomever (any bigger officer) you want."  After putting this challenge, he went to play rummy (on bet) with one of his gangster.  Although I remained quiet after this, he under the influence of alcohol started using vulgar words.  I asked if he would prevent a guard in the break van itself of an exit out of the door and for this he used all dirty and offensive words.  He said "guard is my maiir" (in Tamil it means the hair that grows around the penis in men).  On hearing these dirty words, I thought I should teach this bugger a lesson and I clicked picture of him playing card in the BV.  On seeing this, one of his gangsters, who was a big mail/express driver during his service time, started saying I was making a mistake and asked the drunkard to snatch the phone from my hand.  When he was not interested in the snatching, being confident of unpunishability by none, this mail/express driver itself hurling very abusive words on me held my hand and twisted around.  On my hand being twisted and unable to bear the pain, I left hold of my phone and he snatched it from my hand.  He gave my phone to the drunken person to see the photo that I had captured him playing rummy and asked him to throw the phone out of the train and even take it away.  Sensing I would bring this matter to the higher officers, he again challenged me that I can go to any person (specifically stating "DRM") and nobody can snatch anything from him.  He became very abusive and started using vulgar words involving my mother.  He came close to giving me a punch on my face.  He deleted the photo that I had captured.  Sensing it would be too much to take away the phone along with him, he gave back the phone with a few of strands of his hair plucked from somewhere on his body with a very indecently challenging words and asked me to go to anybody I want and nothing can be snatched from him.  He threatened to throw me under the train wheels.  He challenged me that even if I was capable of doing anything to him, he would look after me at a later time.

 

On hearing all these vulgar and threatening words, I remained quite without uttering a single word, so as to not provocate them further.  When the train stopped at Bangalore Cantonment station, another person boarded the same brake van from non-platform side.  This drunkard explained to him what had happened so far in the train and again using vulgar and provocative language against me while playing rummy on the other hand.  I became very disturbed by the language he was using against me.  During the course of the argument even this new person came close to giving a punch on my face through his forehead.  Even he threatened to throw me out of the running train.  He even threatened me that I would not keep my foot on that route (meaning, I would not be allowed to work in the route they are working).  This group of rouge employees, by virtue of their years’ of service to the Railways, think that Railways is their father’s property.  The BV next to the loco had become a wonderful “adda” for the drunkards and gambling during their journey.  They kept the glass and shutter of windows on both sides closed so that nothing that is happening inside Brake Van is known outside.  On arriving at my station, the mail/express driver, challengingly stood up and stretched his hand across the BV door on the platform side (in a manner that Lord Ganesha denied Lord Shiva an entry into Lord Parvathi’s harem) denying me the exit on that side.  Hence, I had to get down on the side where there was no platform and walk on the granite stones and cross the oil-split and human filthy railway tracks.

I ran to the RPF post immediately to complain, but to my dismay I found the door that keeps open on the station side, was closed and none of the RPF men was available anywhere in visibility to attract their attention.  Hence, I was not able to complain to the RPF immediately.  I then went and explained this to the Station Master of Krishnarajapuram and he immediately questioned me 'if it was those Bangarpet men'.  Just imagine the agony and pain of the person that is pushed out of a running train or a person that comes under the wheels of the train would suffer.  It brings shrill into the spine right?  These drunkards under influence of alcohol can kill any person for even a silly reason and then would claim innocence and would use all the influence from the higher officers to protect them from law.  Later on I was able to find the name of the mail/express driver’s name.  He is one Tirumurthy who is a retired mail/express driver from KSR Bengaluru City.  Similar type of situation was suffered by another goods guard and also a Loco Pilot, where a drunkard in a similar type of gang had gone to physically assaulting them for entering the BV.  People in these groups are usually group D persons who have put in 10 to 20 years of service.  They travel in the BV, well drunk, and want some mischief while returning home.

 

          I had written this complaint to the DRM of Bangalore Division, which was referred to both the RPF and the GRPF.  The developments that took place there was that I had to give a statement to the GRPF that I had broken a compromise with the perpetrators and requested the police inspector not to take any action against them.  Hence, the case was closed up without taking any action against them.  The other four guys who also equally ill-treated and humiliated me were not taken to task.

When I approached everybody with this complaint, the first question they ask me is “what authority I had to travel in the BV while off-duty, did you get a medical test done for the twisting of your hand?  Why didn’t you complain to the police immediately?”  This is for seeking justice for the barbaric humiliation I suffered, as though the perpetrators have all the rights to travel in the BV and authorized to do anything they wanted.

While, Tirumurthi, who is retired from Indian Railways and now works for the Bengaluru Metro, travels in the BV of many trains passing in the KSR Bengaluru and Jolarpettai route, I feel ashamed and frightened to travel in the BV even during my duty hours.  Having forgotten the atrocity against me, the perpetrators are moving around bold and happily as though nothing has happened, but the humiliation has put me into a severe agony which is causing great depression for me moment.   I feel like my body is being pricked with sharp needles.  Even after nearly 20 months, I am not able to sleep peacefully. 

I request if you can advise me on the type of case I can file in the court to direct the concerned authorities to take appropriate action.



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