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Email: publicause@yahoo.

com
PCI
PUBLIC CAUSE INSTITUTION
57, Jal Kiran, 15 Floor, Cuffe Parade, Mumbai
400005
CONFIDENTIAL
9th October, 2010

Shri R.K.Shrivastava, IAS


Joint Secretary (ports)
Ministry of Shipping.
New Delhi.

Sub: Chlorine gas leak at Mumbai Port.

Sir,

We understand that you have been appointed by Prime Minister’s


Office to enquire into the reasons behind the gas leak at MbPT on
14th July, 2010 and fix responsibility on the officials of the Port.

Many port employees who are our volunteers have informed me


that you along with the other members visited the site at Haji
bunder on 7th Oct’ 10 and recorded the statements of various
officials of the Port. I also learnt that your committee is relying on
the report of Deputy Chairman, MbPT who was appointed by the
Chairman, MbPT immediately after the incident to enquire and fix
responsibility. It is learnt that the report submitted by Deputy
Chairman and forwarded to Government has been prepared by two
officials namely Ms Tahiliani, Manager (HRD) and Shri Rathod, Sr.
Vigilance Officer. As per my information, Shri Rathod called various
officers and recorded their statements. At no point the Deputy
Chairman ever interacted with any of them. The whole process was
monitored and controlled by Ms Tahiliani with the sole intention of
protecting herself as well as two main culprits namely Capt.
Rodriques, Deputy Conservator and Mr Ranganath, Traffic Manager,
who are primarily responsible for the accident. Ms Tahiliani is also
equally responsible as she failed to fill up the vacant post of Asst.
Manager (Hazardous Cargo) after retirement of the incumbent.
Incidentally, Mr Adsule, Ex Minister of Finance had written to
Chairman, MbPT questioning the bonafides and integrity of Shri
Rathod being associated with the fact finding enquiry. (Copy of the
letter is enclosed).

Ms Tahiliani used Shri Rathod to deflect the blame on junior officials


of Welfare department. In the report there is no mention as to why
the HR department failed in their duties and her statement was
never recorded. In short, the deputy Chairman has signed the ghost
written report by the two individuals who had their own agenda to
pursue. Shri Rathod as Sr. VO is reported to have made big money
from the two highly corrupt officials namely Capt. Rodriques and Mr
Ranganath, who have been investigated by Internal Vigilance of
MbPT for various acts of omissions and commissions. Traffic
Manager is also facing a CBI enquiry in some other matter.

I would urge upon you to kindly ask the Deputy Chairman and check
the veracity of what I have stated above. The report which was
supposed to have been submitted within two weeks took nearly two
months for finalization. In our opinion the report should be thrown in
the dustbin. According to a recent newspaper report, the Police
which has filed FIR in the matter is also going slow and trying to
base their enquiry on the worthless report of Deputy Chairman.

Incidentally, after receipt of Summons from the Police in the names


of Capt. Rodriques, Shri Ranganath and Ms. Tahiliani, Deputy
Chairman intervened in the Police enquiry by writing to DCP(Port)
and nominating an officer to co-ordinate with the Police in the
matter. The officer has since complied with the requirements of
Police by handing over all the documents required by them for the
investigation. However, till date, the trio are yet to be called to the
Police station for recording their statements. Some junior level
officers are being harassed by police in the matter.

We have great faith in your competence and impartiality to go to


the root of the matter and fix responsibility on the right culprits. It is
requested that the copy of your findings may kindly be forwarded to
us by email. Any dilution of the incident without fixing responsibility
on the real culprits will not be in the Public interest. We also intend
to file a PIL in the Mumbai High Court at the right opportunity. We
seek your kind co-operation in the matter.

Thanking you,
Yours faithfully,

DA: a/a

(Madhav Prasad)
CONVENOR
Email: ffpi_publicause@yahoo.com
FFPI
FORUM FOR PUBLIC INTEGRITY
57, Jal Mahal, 5th Floor, Link Road, Andheri (W), Mumbai
400058

9th October, 2010


Sr. PI Sewree Police station

Sub: Investigations into the gas leak at Haji Bunder, MbPT

Sir,

We have been following up the developments in the recent gas leak at


MbPT which is being investigated by you. From a recent newspaper report
in DNA, we understand that you are going slow in the matter and trying to
proceed further on the basis of the Enquiry report of Deputy Chairman,
MbPT, which primarily attempts to whitewash the issue and fix Junior
officials, bypassing the main culprits namely Capt. Rodriques, Shri
Ranganath and Ms. Tahiliani,

It is learnt that the report submitted by Deputy Chairman has been


prepared by two officials namely Ms Tahiliani, Manager (HRD) and Shri
Rathod, Sr. Vigilance Officer. As per my information, Shri Rathod called
various officers and recorded their statements. At no point the Deputy
Chairman ever interacted with any of them. The whole process was
monitored and controlled by Ms Tahiliani with the sole intention of
protecting herself as well as two main culprits namely Capt. Rodriques,
Deputy Conservator and Mr Ranganath, Traffic Manager, who are primarily
responsible for the accident. Ms Tahiliani is also equally responsible as she
failed to fill up the vacant post of Asst. Manager (Hazardous Cargo) after
retirement of the incumbent. Incidentally, Mr Adsule, Ex Minister of
Finance had written to Chairman, MbPT questioning the bonafides and
integrity of Shri Rathod being associated with the fact finding enquiry.
(Copy of the letter is enclosed). In this connection please find herewith a
fresh letter issued by Mr. Adsule to Shri R K Shrivastava, Joint Secretary
(Ports) questioning the essence of the findings of the report. The letter is
self explanatory.

We also understand that summons were issued to the above officials to


appear before you, however, they have not complied with the summons
and no action initiated against them till date. We are surprised that you
are also trying to proceed in the enquiry relying on the report of Deputy
Chairman, which should be thrown in the dustbin. As a responsible police
officer, you should have independent judgement and do justice in the
matter. We are planning to file a PIL in the Bombay High Court shortly
questioning as to how the police investigation is influenced by Deputy
Chairman of the Organisation, whose senior officials are primarily
responsible for the accident. The criminal investigation underway should
be taken to its logical conclusion and action taken against the real culprits.
We will be grateful if you could give us an appointment to discuss the
matter with you.

Thanking you,
Yours faithfully,
DA: a/a
(Hari Prasad)
CONVENOR
Email: ffpi_publicause@yahoo.com
FFPI
FORUM FOR PUBLIC INTEGRITY
57, Jal Mahal, 5th Floor, Link Road, Andheri (W), Mumbai
400058

9th October, 2010


The Joint Director,
CBI, Tanna House,
11-A, Natha Lal Paraekh Marg,
Colaba,
Mumbai-400039.

Sub: Chlorine gas leak at Mumbai Port.

Sir,

As you are aware Sewree Police station has filed FIR in the subject
incident, against port officials and have started investigation. In fact the
Police had issued summons under CRPC to Capt Rodriques, Shri
Ranganath and Ms Tahiliani, three senior officers primarily responsible for
the accident. However, the officers did not respond to the summons at the
behest of Deputy Chairman, who intervened in the matter and wrote to
DCP (Port) Shri Quaiser Khalid, IPS, stating that one Mr. Shaikh is
appointed as the nodal officer for providing documents to the Police for
the investigation. It is not understood as to how an authority of the
organization, where such a major accident took place could interfere in the
criminal investigation. We learnt that these three officers have paid huge
amount to the Police authorities to evade interrogation and possible arrest
for their direct involvement in the accident. The police seem to have gone
slow in the whole process after getting the large amount. They are only
harassing the junior officials by summoning and detaining them at the
Police station.

Please find herewith the newspaper clipping of DNA detailing the serious
provisions of IPC under which the FIR has been lodged against unknown
officials of MbPT. The Police should have promptly investigated the matter
and taken action against individuals identified. However, till date there has
been no progress.

We have great faith in your competence and impartiality to go to the root


of the matter and fix responsibility on the right culprits. Since our
organization is planning to file a PIL in Bombay High Court, we seek your
co-operation in investigating as to how the DCP(Port) entertained the
unauthorized interference by the Deputy Chairman, MbPT in the criminal
investigation.

Thanking you,
Yours faithfully,

DA: a/a
(Madhav Prasad)
CONVENOR
Shri R.K.Shrivastava, IAS
Joint Secretary (Ports) PUBLIC CAUSE INSTITUTION
Transport Bhavan, 57, Jal Kiran,
1, Sansad Marg, 15 Floor, Cuffe Parade, Mumbai
Ministry of Shipping. 400005
New Delhi.400 001

Mr. Rishiraj Singh FORUM FOR PUBLIC


The Joint Director,
CBI, Tanna House, INTEGRITY
11-A, Natha Lal Paraekh Marg, 57, Jal Mahal,
Colaba, 5th Floor,
Mumbai-400039. Link Road, Andheri (W), Mumbai
400058

Mr. Rajan Bhogale, FORUM FOR PUBLIC


Sr. PI Sewree Police Station.
Near Darukhana, INTEGRITY
Reay Road 57, Jal Mahal,
5th Floor,
Link Road, Andheri (W), Mumbai
400058

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