30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

 One SPM was asked to credit a huge sum towards the stolen Genset of his office and charge sheet was issued thereafter. The following is the reply given by the officials. The rules quoted in this representation may be useful while drafting by you.

Sub: Rule 16 charges framed against Smt. ………….

Ref: Memo No. D/……..- Genset dlgs dt ………. of the SSPOs, ………...

With reference to the above, I submit the following for your kind consideration.

At the outset, I refute the charges and plead guilty and I am not directly responsible in this case.

Before submission of my defense, I wish to place on record that I have not violated any specific rules or instructions as laid down in the volumes and guides and it is the guided principles that charges shall not be framed on presumptions.

In accordance with D.G P&T Memo No. 6/20/58 – Disc dt 18-03-1959 subsequently clarified vide letter No. 25/49/60 Disc dt 30-11-1960, in Rule 16 cases, the proceedings become liable to be halted in case of no indication in the charge sheet that action was contemplated under the rules violated by the charged Government servant. The same has been reiterated in 2013 by the DG Posts that no charge sheet shall be issued without specifying the rules violated by the Government servant.

In my case I have not violated any rules or orders and I was not available in the office being on compensatory off on ……….. I have neither directly nor indirectly responsible in the case of theft of parts in the Genset by the persons who are approved as AMC contractors by the SSPOs, ………… division.

On …………., while Smt ……….. reported that two persons from M/s ………. & Service, Chennai, came for repair work of the genset and the work has not been completed. She had noted the name of the service engineer as ………. with his contact No. ……….. and she told that she had directed the MTS Sri ………. to remain there till the work is completed. The service engineers left for lunch and thereafter did not attend and the work has not been completed by them on that day. As the genset was under repair since one year, I was under the impression that the Genset could not be repaired on ……… itself and therefore there was no need for any report of the same. There is no training given to anyone about the parts and technical supports of the genset so far, while seeing the genset appears as normal as before.

It is pertinent to note that the M/S …….. Sales & Services have been deputed by the D.O. vide its letter dt ……….. and accordingly on ………. , the persons came from the concern and attended the repairs. We are of the intention that if the AMC provider is not genuine, the D.O. would have blacklisted the concern and therefore there was no suspicion about the attending the repairs by the persons deputed by the AMC provider.

The fact was made known only on ……….. at the time of visit of two other service engineers and they reported after attending repairs that the radiator in the genset was found missing. The same was reported to D.O. immediately by the SPM.

As per the directions of the D.O. a Police complaint was lodged on ………. by the SPM, ………, As such, I have not violated any duties assigned to me.……. PO is working with heavy shortage and I was attending duties from dawn to dusk daily and also in the PA vacant seats during of my officiating period as SPM, ……... When any mistake occurred, it is due to pressure of work and the extenuating factors must be considered before resorting any action against the innocent and hard working officials.

The Directorate vide its letter dt 14-11-2006, reiterated the guiding principles, observed that while determining any omission or lapses on the part of an officer, the extenuating circumstances in which the duties were performed by the officer, shall be given due weight It is further submitted that as per the rules 204 (A)(1) of vol. 3, the honest errors shall be condoned, even if any mistakes is committed in the pressure of work.

I submit that I have been asked to credit a sum of Rs. 20250/- towards my share for which I have request to waive the amount as the radiator is put into use over 8 years and the depreciated value shall have to be calculated and recovered even in case of recovery as per the appendix 4 of the FHB vol 1 at the depreciated value of stores calculated by applying 20% or 15% on reduced balance every year.

 Once again I wish to submit that I have not committed any mistakes and there is no violation of rules or lack of devotion of my duties except the extenuating factors in case of non enquiring the details with my predecessor about the repair work of genset. I regret very much for the same.

I request the benign SSPOs ……… to kindly consider the same by taking into consideration of my 33 years of unblemished service  and drop the charges for that kind act, I will ever be grateful to you Sir .