D K AGARWAL STAFF NO 20357 JOINT DEPUTY DIRECTOR GENERAL BSNL Vs. UNION OF INDIA

JUDGEMENT

(1.) VALIDITY and correctness of charge-sheet memorandum dated 02.06.2004, which culminated in imposition of penalty of withholding of one increment for a period of one year without cumulative effect, vide order dated 18.10.2005 is challenged in present O.A.

(2.) Applicant is a member of Indian Telecom Service of 1991 batch and presently holding the post of Joint Deputy Director General (Junior Administrative Grade) in BSNL (erstwhile Department of Telecommunications). Memorandum dated 02.06.2004 was issued under Rule 16 of CCS (CCA) Rules, 1965, alleging certain misconduct. As per statement of imputation of misconduct, it was alleged that during the period 1998-1999, while working as DE (Task Force) Pali, he controlled/supervised work executed by his subordinate and the contractors, and was duty bound to make 10% physical verification of out-door work in the said area. He was required to mention the specific work, which he had physically verified in Measurement Book after entries by the concerned JTO and SDE. He did not mention the measurement of work checked by him as well as did not specify the detail of places/points which he had checked, thereby showing undue favour to the contractors by making/showing exaggerated entries in the Measurement Books and the contractor succeeded in getting full payment of the work, which caused wrongful gain to the contractor and corresponding loss to Department. Vide letter dated 22.06.2004, he requested to supply copies of certain documents to prepare his defence so as to make an effective representation. No attention was paid to it and, therefore, he submitted a representation dated 11.10.2004 denying the allegations made and prayed for his exoneration.

(3.) ALLEGATION made against him had been that as per CPWD Manual/ Rules, he was required to make 10% physical verification of the work executed under his control. Cognizance of said Manual should not have been taken by the Department, as the opening para under Chapter 1, Section 1 of said Manual, in specific, recites that it do not include works <FRM>JUDGEMENT_593_TLCA0_20060.htm</FRM>