JCA DECIDED TO GO AHEAD WITH HUNGER FAST

 PROGRAMME ON 21-05-2012 BEFORE DAK BHAVAN

 AND ALL CPMG OFFICES.

JCA DECIDES TO GO AHEAD WITH THE HUNGER FAST PROGRAMME ON 21.05.2012.  NO CHANGE IN PROGRAMME. ACTION TAKEN REPORT IS NOT SATISFACTORY.COM.M. KRISHNAN SECRETARY GENERAL, NFPE, SHRI T.N. RAHATE PRESIDENT FNPO AND OTHER GENERAL SECRETARIES WILL PARTICIPATE IN THE PROGRAMME.  M.KRISHNAN S/G NFPE AND D THEAGARAJAN S/G FNPO.

THE ACTION TAKEN REPORT IS PLACED BELOW:

Government of India

Ministry of Communications & IT

Department of Posts

(SR Section)

Dak Bhawan, Sansad Marg,

New Delhi-110001.

No. 08/15/2011-SR                Dated the 15th May,2012

To

            Secretary General,

            National Federation of Postal Employees,

            Ist Floor, Post Office Building,

            North Avenue, New Delhi -1.

            Secretary General,

            Federation of National Postal Organizations,

            T-24, Atul Grove Road,

            New Delhi -1.

Subject:-  Undue delay in settlement of agreed items of the strike charter of demands discussed in the meetings dated 10.01.2012 and 12.01.2012 taken by Secretary(P) with Postal Joint Council of Action. 

Sir,

            I am directed to refer to the Department’s letter of even No. dated 02.05.2012 on the above mentioned subject.

2.       An action taken report ad seriatim on the issues referred to by the staff side, is as under:

1. Separate orders communicating the decision that no mail office will be closed for next three years and no dislocation of staff to places outside headquarters.

            Instructions issued vide letter no. 28-8/2011-D dated 14.05.2012, a copy of which is enclosed.

2. Orders communicating the decisions about no closure/merger of post offices if no simultaneous relocation is possible.

            Instructions issued vide letter No.40-6/2011-Plg(Pt) dated 21.2.12

3. Revision of wages of casual labourers & absorption.

            The said Para is confined to the revision of wages of casual labourers.

            The issue involves various policy decisions & as at present, draft memo for the Postal Services Board is at the approval stage.  Further action would be taken after outcome of the decision of the PSB on the issues of revision of wages and absorption.

4. Revised recruitment rules for group-D & postman as agreed and syllabus for group-D examination (25% from GDS) & Postmen/Mailguard.

            Files bearing Nos.37-33/2009-SPB-I and 44-14/2009-SPB-I concerned with the subject matter is already under submission to M/o Law for vetting the draft for amendment in RRs of Postman/MTS.  On receipt of the same from M/o Law, the RRs will be sent to Govt. Press for necessary Gazette Notification.

5. Revision of cash handling norms to GDS & ensuring no reduction of TRCA under any circumstances and enhancing the Bonus ceiling to 3500/- & revise the cash allowance to BPM at the rate of Rs. 50/- per trip instead of month.

            A Committee was constituted to look into the revision of cash handling norms & reduction of TRCA. The Committee has submitted its report, which is under consideration.

            Regarding enhancing the bonus ceiling to Rs. 3500, a proposal has been submitted to Ministry of Finance, Department of Expenditure for approval on 02.03.2012.

            So far as the issue of revision of cash allowance is concerned, the same is not part of the minutes. However, the issue will be examined.

6. Orders revising the instructions liberalizing the powers to the divisional heads instead of circle heads in case of tenure posting to C and B class offices.

Under issue.

7. Reiteration of earlier instructions on the grant of special pay to unqualified Accountants & Counting of Special Allowance for pay fixation without filing SLP against Bangalore High Court Judgement.

            CPMG Karnataka Circle has been asked to file SLP in the Apex Court on the advice of Ministry of Finance, Department of Expenditure.

8. Circulation of clarification given to Punjab Circle to the remaining circles also in respect of protection of pay of defunct PO & RMS Accountants.

            Integrated Finance Wing has sought some further inputs on the issue & action is being taken thereon.

9. Orders on forcible allotment of staff quarters to the town SOs SPMs as post attached quarters.

            Instructions issued vide letter no. 18-9/2010-Bldg. dated 10.5.2012.

10. Non supply of balance statement of NPS to the official as on 31.3.2011.

            The statement of transaction (SOTs) of the subscribers of Central Govt. for the period 1.4.10 to 30.6.11 have already been dispatched to the subscribers in the format approved by PFRDA by NSDL Mumbai vide letter dated 19.9.11.  All the Directors of Accounts (Postal) have been informed about the dispatch of SOT vide letter No.6-5/PA Book-I/NPS Procedure/2011-12/1960-89 dated 18.11.11

11. Enhancement of financial powers to LSG, HSG II & HSG I.

            This is under examination.

12. Enhancing the honorarium for invigilators engaged in departmental examinations.

            The issue of revision of rates of honorarium for Paper Setter, Evaluator etc. for Departmental Examinations has been examined and rates have been revised vide letter No.A.34020/17/2008-DE dated 26.4.2012.

13. Allowing the physically handicapped candidates for appearing IPO examinations.

            Under active consideration in consultation with the M/o Social Justice & Empowerment.

14. Orders on drawal of Cash handling allowance to Treasurers, Accountants irrespective of their position in MACP.

            A reference has been made to the DOPT in this regard.

15. Finalization of cadre review proposals before 31.03.2012.

            The matter is under active consideration and further discussion with the staff side may be held shortly.

16. Payment of incentive instead of honorarium for attending the PLI/RPLI work at divisional offices after decentralization.

            All officials deputed for PLI/RPLI work to RO/CO from Divisions have been asked to be repatriated vide letter No. 30-1/2010-LI dated 27.1.12

            Further, in case of incentive, case has already been processed and is in pipeline.

17. Orders for repatriation of officials deputed for PLI/RPLI work to CO/RO to their home divisions.

            Same as against sr. no. 16 above.

18. Allowing the Postmaster’s cadre officials to appear for IPO/PSS Group-B examination.

            The proposal has been examined and as observed, it does not fall in line with the existing instructions, as these are two different streams.

19. Orders permitting the Postmaster cadre officials to officiate in HSG-I vacancies.

            The matter has been examined.  Not found feasible, as per R/Rules.

20. DO letter from Member(P) to all circle heads to fill up all posts of Sorting Postmen, Mail Overseer, Cash Overseer & Head Postmen.

            Orders issued vide No.37-4/2012-SPB I dated 19.04.2012.

21. Allowing MTS to decline promotion to postmen cadre under seniority quota without losing MACP promotion.

            Will follow shortly.

22. Reiteration of instruction for rotational transfer for SBCO staff by notifying cluster of divisions

            Issued vide No.141-91/2012-SPBII dated 2.4.12.

23. Issue instructions to all for ensuring filling up of all sanctioned LR posts.

            Will follow shortly.

24. Prompt grant of child care leave – issue of instructions.

            Instructions reiterated vide letter No.51-3/2011-SPBII dated 10.5.12.

25. Clarifications to be issued on MACP as agreed upon on the following:

(i)         MACP will not be deferred on the ground of contemplated disciplinary/vigilance proceedings

(ii)       Instructions on review of ACRs/APARs by scrutiny committees

(iii)     Recovery orders by DA(P) in the matter of pay fixation on MACP in case of MTS.

(iv)     Cases relating to declining promotion prior to issue of MACP order (prior to 2009).

            The issue is presently under examination.

26. Issuing clear instructions to all CPMsG that in the city areas where RO/COs are situated decentralization of RPLI/PLI should not be done to city Postal Divisions, instead the work will be done by RO/CO staff as done before.

Permission to Circle/Regional office to accept, process and service the policies relating to their headquarter cities where they were located, issued vide letter no. 30-1/2010-LI dated 27.01.2012.

27. Issuing orders on the items finalized by the Postmen committee and also follow up action on certain items to be referred to work study unit.

            Report of the Committee has been received. The recommendations are under process.

28. Cadre-restructuring and settlement of Group-D and Sorter anomaly issues relating to Postal Accounts.

            Cadre-restructuring:  the proposal sent to Integrated Finance Wing for their concurrence is at present lying with Postal Estt. Branch.Group-D & Sorter anomaly: the information has been called for from all Circle Postal Accounts Offices. On receipt of the same the case will be examined further.

29. Follow up action on civil wing employees’ issues.

            The R/Rules are presently pending with M/o Law & Justice.  Will be notified immediately after it is cleared and further action will be taken.

30. Examination of CRC & EPP norms.

            Logistics Posts: Committee formed to work out the handling norms of Logistics Post has submitted its report. In view of observation of IFA(BD), DDG(Estt) has been addressed to provide extant provision for formulation of handling norms for new/existing service so that recommendations of committee can be further examined.  Reply is awaited from DDG(Estt).

            EPP: a Committee has been formed to work out the handling norms for EPP.  The Committee has carried out preliminary exercise in its first meeting.  Recommendations of the meeting are awaited.

3.       In view of the position explained above, you are requested to withdraw your notice of one day hunger fast for 21.05.2012 and cooperate with the Department in resolving the issues. 

                            Yours faithfully,

                            Sd/

                           (Subhash Chander)

                          Director (SR & Legal)

AN – IMPORTANT CAT DECISION

            Abnormal delay in issuing a charge-sheet to an employee for his omissions and commissions leads to quashing of charge-sheet and also return of recovered money, if any amount is recovered from the charge-sheeted employee

            Facts: While the Applicant was working as Accountant with effect from 21.5.1996 and BCR with effect from 1.7.2007, he was issued with a charge-memo under rule 16 of CCS (CCA) Rules vide Memo, dated 11.12.2008 for a matter which related to October, 1997, i.e. more than 11 years old. A recovery of Rs1, 94,791 was to be recovered as per the order of SPOs, Sitapur, dated 27.03.2009. His appeals were rejected. Hence he filed this OA for setting aside his punishment.

            The Applicant, Accountant-II, states that no undertaking was taken from him in regard to recovery of amount if any amount is paid by him incorrectly and that B. K. Tripathi, Accountant-I is fully responsible for the lapse and an amount of Rs.24,442 only is to be recovered from him. Further, the punishment order is non-speaking and hence liable to be quashed.

            The Respondents sustain their orders based on various instructions of the Ministry of Finance and Chief Postmaster-General of U. P. Circle, Lucknow. They further state that an enquiry was conducted in the misappropriation of money and four persons including the Applicant was found responsible. Out of four, one had retired and another died. Hence no action was taken against them The Applicant and B. K. Tripathi, another employee were found guilty and an amount of Rs. 194791 and Rs. 24,442 respectively are to be recovered from them.

            The Applicant placed reliance on the case of P. V. Mahadevan v. M. D. Tamilnadu Housing Board (2005 AIR SCWs 690), wherein the charge memo was quashed due to inordinate delay. In the case of State of M. P. v. Bani Singh, reported in AIR similar view of delay led to quashing of the charge-sheet. In the case of State of A. P. v. N. Radhakrishnan (1998 (4) SCC 154), it was held that in all situations in respect of delay in conclusion of departmental enquiry may vitiate the proceedings. Following these judgments, the tribunal passed similar orders in O. A. No. 427 of 2006. Jhabbar Yadav v. Union of India and others decided on 16.10.2008.

            The Tribunal considering the delay in this case of 11 years which pertained to a case 11 years back examined the issue of charge-sheet and punishment thereon. The two employees now punished reportedly committed the mismanagement of money and on the pretext of having given and undertaking for recovery, if found guilty is not sustainable. In that connections. It was held:

            Held: “In view of aforesaid discussion, we come to the conclusion that there was an inordinate delay of about 11 years in issuing the charge-sheet for initiating disciplinary proceedings for which there is no proper explanation from the side of the Respondents. Therefore, having regard to the aforesaid preposition of law laid down by Hon. Apex Court (Supra) in the above cases, the disciplinary proceedings in question, deserved to be quashed, including order of recovery against Applicant initiated through charge-sheet, dated 11-12-2008 along with recovery Order, dated 27.03.2009. for the same reasons, the Appellate Order, dated 29.6.2009 is also liable to be quashed and accordingly it is so ordered. It is further directed that the amount already recovered, if any from the pay of the Applicant, shall also be refunded.”

            The OA is allowed accordingly to the above extent.

(Chandrika Prasad v. Secretary, Department of Posts, Dak Bhawan, New Delhi and other 5/2012, Swamynews 61 (Lucknow) date of judgment 25.8.2011)

OA No. 297 of 2009

Courtesy: Swamy News May 2012