Making an immediate end to the unnecessarily motivated /pre-planned court of inquiry against Four ministerial staff members of the Kolkata office of Survey of India
Member, Departmental Council (JCM)
(From Ministerial Staff Association, Survey of India)
E-mail: avi4672@gmail.com
Phone:- Resi : 033-2568-9020
Mob : 09433617970
C/o - West Bengal & Sikkim GDC,
13, Wood Street, Kolkata-700016.
Most Immediate/Most Important
No.J-MSA/Svy/04/2022
Dated : 15-04-2022
To
The Hon'ble Secretary to Government of India
Ministry of Science & Technology,
Department of Science & technology,
Technology Bhavan, New Mehrauli Road,
NEW DELHI — 110016.
(Email id : dstsec@nic.in)
(Kind Attentions of the Hon’ble Secretary Himself & Shri Vinod Kumar Sharma,Under Secretary)
Sub:- Making an immediate end to the unnecessarily motivated /pre-planned court of inquiry against Four ministerial staff members of the Kolkata office of Survey of India namely S/Shri Avijit Bose (Assistant)/Soumendra Das(Assistant)/Tapas Sadhak(UDC)/Hara Prasad Roy(UDC) transferred forcibly/illegally at Silchar/Guwahati/Shillong/Raipur respectively by the Surveyor General’s Orders dated 28th June,2019 since effected from the same afternoon i.e. 2 years 9 months and a Half ago — Request for.
Sir,
From the fervent-cum-cogent petitions dated 17-01-2022 submitted by the couple of onesided transferee S/Shri Avijit Bose & Soumendra Das to His Excellency The President of India, New Delhi Your Honour & DST Officials had come to learn about knowingly violations of the implication of CCS(CCA) Rules, 1965 as amended from to time citing various facts & circumstances. In the said petitions both of them (S/Shri Bose & Das) had deservingly prayed for nomination/appointment of an Ad-hoc Disciplinary Authority in place of the then one Brig.S.Sridhara Rao on one hand and to set aside the Charge Memos issued by him on the either. Not only this , S/Shri Bose & Das had duly and reasonably requested the Inquiring Authorities Shri T.P.Mallik, Director of SPG, Hyderabad to stay further proceedings until their abovesaid petitions are disposed of by the competent authority. Afterwards, in their quite detailed, exhaustive and self-explanatory submission dated 15-02-2022 to Departmental Supremo i.e. The Surveyor General of India (who happens to be the Reviewing Authority also under provisions of CCS(CCS) Rules, 1965) under intimation to Disciplinary Authority (Addl.SG.NEZ) and the inquiring Authority(Director, SPG, Hyderabad). They labdated hard to clearly bring home the entire affairs citing concerned CCS/(CCA) Rules, 1965, Case Laws and so on inviting necessary follow up actions.
2. Despite all such things it was noticed with shock and surprise that the I.A. sn T.P.Mallik had decided to hold orders of that Inquiry against S/Shri Bose & Das on and from 6th April.2022 morning onwards in the Kolkata GDC Headquarters. Prior to this to the prima- facie hearing, inspections of documents etc. in respect of the other two transferees namely S/Shri T.Sadhak, UDC & Hara Prasad Roy, UDC had been conducted by the I.A. at Hyderabad for a number of days in presence of their Defence Assistant. Anyway, S/Shri Bose & Das had, accordingly, reached the venue of Inquiry along with their Defence Assistant Shri S.Mohan, a Senior Audit Officer (Retired) at about 9.30 clock on 06-04-2022 but, to their surprise, they were told that the Presenting Officer could not arrive as yet and, as such,the entire team i.e. two C.Os and their DA were asked by the I.A. to wait at the Recreation Room till such time they would be called for by the I.A. But it was a fact that the PO did not come throughout the day and no inquiry could be held on 6th instant. On next day i.e. 7th instant the 3-member team again went to IA and after waiting for a long time(by the time the PO had arrived) the IA had called only Shri Das for inquiry and Shri Bose was not at all called at the room by the IA. Thereafter as also on the next day i.e. 8th instant the IA was learnt to have used some insulting tones coupled with indecent attitudes with the DA Shri S.Mohan (not only a senior citizen¢ & polished gentleman but also a retired Sr.Audit Officer) when he was about to tell him and inform that as per DST’s orders the DSG & SGO’s Vigilance Officer had already changed the Disciplinary authority in place of Brig. S.Sridhara Rao and from then onwards the next Ad-hoc Disciplinary Authority would be Shri P.V.Srinivas, Addl. SG, NIGST. Amazingly enough Shri T.P.Mallik repeatedly told Shri Das and his DA Shri S.Mohan that whatever changes at the level of Disciplinary Authority might have taken place, he would go on continuing inquiry proceedings which was not agreed to by the DA on behalf of the Cos.
3 The I.A., going completely out of rules in vogue, officialy asked the C.Os viz S/Shri A.Bose & S.Das to make it a point to attend the proceedings on 11-04-2022 failing which the inquiry proceedings would be carried out Ex-parte from 12-04-2022. Thus the IA did knowingly go against the existing rules & orders. The I.A. erred in ruling that there was no competent orders to stay the proceedings which should not be told by any prudent/expedilient I.A. He should have known that he and PO were appointed by some Disciplinary Authority since already ousted from jurisdiction and the new i.e. Ad-hoc DA only is now empowered to appoint the Next IA/PO. Keeping in view that the court of inquiry, if at all necessary in the ongoing changed situation will have to be started abinitio by the would-be IA & PO. So, most naturally, S/Shri Bose & Das requested the IA to strictly adhere to maintain the prescribed procedures specifically stated in CCS(CCA) Rules, 1965 as any least room for conducting Ex-parte proceedings has hardly had any foot to stand in the eye of law.
4. As a follow-up action on one hand and finding no other way to fall back upon on the other the Kolkata GDC’s DDO, as ordered by the IA has issued Movement orders to both the C.O's relieving them on 12th instant with orders to report at Silchar & Guwahati which they could not comply with because of their ill health in particulars. Both of them have applied to their Authorities seeking grant of 15 days leave on medical grounds. While Shri Soumendra Das (already an acute heart patient having Angioplasty with a couple of stent) has undergone eye operation right yesterday itself, Shri Avijit Bose (a serious heart patient since more than long ten years and a cancer patient too visiting Tata Memorial hospital of Mumbai quite number of times) needs to replace his Pacemaker (AICD) for which the Hospital has given an estimated expenditure of more than 5(five) lakh rupees for which he has already claimed a Medical Advance towards that amount. The other two C.Os namely S/Shri T.Sadhak and H.P. Ray also have get some severe family problems of their own causing plenty of hardships during such a long period of two years nine months and a half from the date of their onesided & illegal transfers from Kolkata. All the four transferees being of the same district of mine (North 24 Parganas adjacent to Kolkata) I am quite aware of the lots of problems facing the entire families.
PRAYERS :
In the light of the facts/figures/circumstance mentioned in the above paragraphs I beseech you kindly to ensure issuance of necessary mandatory orders for the followings at the earliest and before it is too late :-
- To stop or to make an end to the disputed / controversial court of inquiry (very much expensive too unnecessarily) to help restore normalcy,&
- To transfer all the four persons from Silchar/Guwahati/Shillong/Raipur on repatriation back to Kolkata considering inexplicable harassments & problems facing them & their families from June,2019-end onwards.
Yours faithfully,
( T. D. BANERJEE)
Member, DC(JCM)(MSA)
Survey of India, Kolkata
Copy to: The Surveyor General of India, Dehra Dun for kind information and immediate necessary action, Please.
Copy to : All others concerned for information & necessary action, please.
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