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 .
Super Sir
ReplyDeleteThank you Sir
ReplyDeleteThanku Sir. Good rulings to protect innocent employees.
ReplyDelete