Professional Documents
Culture Documents
I have collected the above referred Memorandum signed by you on behalf of the President of
India on 10th March, 2022. As I was not at my residence and have been out of Delhi due to
some personal work at my native place and on coming back to my residence on 10.3.2022 I
have collected the same from Deputy Director (H) on receiving a message for the same. The
aforesaid Memo has been issued on 25.02.2022 but not delivered to me on 25.2.2022 instead
delivered on 10.3.2022, itself shows that factually the date of issue shall be 10.03.2022.
This Memorandum, inter alia other officers, proposes to hold inquiry under Rule 9 of the CCS
(Pension) Rules, 1972. The above Memorandum is issued in a very casual manner it is not even
marked at my residential address. It may be appreciated that after retirement, it is not expected
that the erstwhile officer will have to come to some office to collect the correspondence. Thius
was also not even marked at my erstwhile official address.
a. The work of agreement No. 77 was completed 23.09.2017 and completion recorded
23.09.2017, before my taking over charge of DD(H) on 01.11.2017. It is evidently clear
that all records/ measurements in CMB were maintained under control and supervision
of my predecessor DD(H). AS such, whatever omission or commission in execution of
work and related documents/ records deemed to have been occurred prior to 23.09.2017/
01.11.2017 (my assuming the charge of DDH) and I can not be held responsible for
maintenance of records and sanction of Extra Item by my predecessor for incorrect or
beyond financial power during passing of pending 1 st R.A. bill prepared up to
15.09.2017 as per fortnightly report of labour signed by AD(H)/SO(H)/ contractor
before completion of work on 23.09.2017 duly checked and scrutinized by AAO/ drafts
man who are supposed to indicate deficiencies in bill while processing for payment.
Thus, any discrepancy in measurement etc. in CMB submitted by contractor for
verification is more than 4 years from the date of issue of charge sheet i.e. 25.02.2022
received on 10.03.2022 and is time barred by limitation.
Moreover, the points rose in your Memo. No. 10/V-22/A-216/2017-V.S.I dated
03.09.2021 and subsequently raised in Article -1 to Article -3 have been clarified again
as under:-
Article-1
“In this Article-1, the allegation is that I have passed lst RA bill on 26.2.2018 which was pending and
submitted in Division office prior to my joining and it ia alleged that Substitute item had been
unauthorized sanctioned by my predecessor. It is to clarify that the my predecessor is equally
competent as DD(H) and when he has passed the item and incorporated in bill in his incumbency. 1st
RA bill was pending for four months and on a complaint I have passed the bill for a work which was
completed before my joining. As such whatever decision or approval given by my predecessor DD(H)
is considered as authentic and correct and during scrutiny of bill neither AAO/ Draftsman has pointed
out that the item passed by my predecessor is beyond his financial power and at no point the rate of
item and quantity executed is disputed by any authority including vigilance . As such by releasing
payment of Substitute Item approved by previous DD(H). It cannot attract any misconduct on my part
rather I have sorted out complaint of non-payment of RA bill which is a sort of Provisional Advance to
contractor subject to adjustment in final. Thus the allegation of Rs33,67,256/ unauthorizedly has no
sanctity and Article -1 is void and may please be dropped being time barred by limitation of four years
as elaborated above.”
Article-2
“In this Article-2, the allegation is that proper records of labour not prepared along with attendance
register and no details of payment of wages through bank or ECS has been ensured before passing lst
RA Bill. In this regard it is to point out that the reference dated 20.3.2017, 31.8.2017, 7.9.2017 were
not put up before me by AAO/Draftsman, then how I can assess the facts occurred before my joining. I
have to rely on the documents put up before me of the period prior to my joining. I have seen the fort
nightly report duly signed by JE/AE/Contractor up to 15.9.2017 attached with 1st RA Bill and it
indicates that number of labour deployed. As regards payment, it can be checked at the time of
completion of work by the then JE/AE/DD(H) and after completion of work, it is not practical to verify
the same and the certificate in 2nd & final bill can evidently prove that the same is certified by JE/AE.
Moreover, register pertains for the period prior of my joining and JE/AD(H) and my predecessor
DD(H) has not pointed out any deficiency during handing over charge to me. As such how I can be
held responsible for omission on part of my predecessor. Moreover the references given in this article
is more than 4 years of issue of charge sheet (25.2.2022/10.3.2022) as such it is time bar by limitation
and Article-2 is void and may kindly be dropped.”
Article-3
“In Article-3, the allegation is that the agreement item no.8 have not been recorded but false entry
on account of disposal of malba to ensure compliance to condition no 2 of special condition. In
this regard it is to·clarify that all the measurement in stacks were recorded before completion on
23.09.2017 and stack measurements were done as per CPWD Specification 2009 Vol-I page 21
para 1.27.2.2 and other provisions are contradictory in special condition as such CPWD
specification shall be followed. Moreover, the work of Disposal of Malba is measured prior to
23.9.2017 and my joining on 1.11.2017. As such at this belated stage, I cannot verify the actual
measurement and I have to rely on JE/AE measurement. Secondly the period referred to in this
article-3, is prior to 23.09.2017 and is more than 4 years and is time barred by limitation. As such
the Article-3 is void and time barred by limitation of 4 years from date of issue of charge sheet
and may please be dropped.”
In view of facts elaborated above, the charge sheet issued is void due limitation of four years as per
CCS Pension Rule 2021 Rule 8(c) (ii):-
(c) “The departmental proceedings, if not instituted whether before his retirement or during his
reemployment”
(ii) shall not be in respect of any event which took place more than four years before such institution.
Notwithstanding the above harsh realities, the Charge Memorandum dated 25 th February, 2022 was
issued under the CCS(Pension) Rules, 1972. These Rules were repealed and new rules i.e. CCS
(Pension) Rules, 2021 were enacted on 20th December, 2021 through Notification F. No. 38/3/ 2017-
P&PW(A) dated 20th December, 2022 published in the Extraordinary Gazette of Government of India
on the same day. No charge sheet could/ can be issued under any rules which are repealed and thus
became non-existent. Further, no amendment or modification can be made in any document which was
illegal & null & avoid since its beginning.
Moreover, the charges in Article-1 to 3 are time barred by limitation of 4 years from date of occurrence
as clarified above and the charges are void and not sustainable. It is requested that charge sheet may
kindly be dropped and withdrawn
1st RA Bill for the work Reply of Sh. Tej Pal Singh
executed under Agreement no.
is not acceptable because
77/ DDH/HD-(East)M/ PWD/ DD(H) could sanction
2016-17 was passed and paid
Substitute Item up to Rs.
by Shri Tej Pal Singh, Deputy 9,00,000/- only. (15% of
Director (Hort.) (Now
14024458 = Rs. 2103669/-
Retd.), CPWD on 26 Feb 2018.
th
and 30% of 3000000 = Rs.
9,00,000/-). This Substitute
This bill included payment of
Item had been wrongly
one Substitute item, which had
sanctioned by then DD(H),
been unauthorizedly sanctioned
Shri S.N Labh as the
by previous DD(H) as the
amount of this statement is
sanctioned amount of this
much more than his
Substitute Item was Rs.
sanctioning power. Shri
54,46,674/-, beyond financial
T.P. Singh, before passing
powers delegated to the DD(H).
the 1St RA bill for this
As per Appendix-1(Sl. no. 33) work, should have ensured
of CPWD Works Manual 2014, that this substitute item is
regarding “Delegation of properly sanctioned by the
Financial Powers” the competent authority.
competent authority to sanction
this Substitute item of Rs 54.46
Lakh was Chief Engineer.
Thus, in this case despite the
fact that sanction from the
competent authority for the
Substitute item of Rs 54.46
Lakh was not available on
record, Sh. T.P. Singh passed
and paid Rs 33,67,256 for this
item in the 1st RA Bill
unauthorizedly.
Thus, Shri Tej Pal Singh,
Deputy Director (Hort.) (Now
Retd.), CPWD unauthorizedly
passed and paid an amount of
Rs 33,67,256 for the substitute
item in the 1st RA bill for this
work, without obtaining/
ensuring sanction of the
competent authority.
Interpretation.-
Where any doubt arises as
to the interpretation of these
rules, it shall be referred,
for decision, to the
Government in the
Department of Pension and
Pensioners’ Welfare or the
Department of Personnel
and Training, depending
upon the rule or the subject
on which a decision is
required and the
Department which is
concerned with that rule or
subject. 86. Power to relax.-
Where any Ministry or
Department of the
Government is satisfied that
the operation of any of these
rules causes undue hardship
in any particular case, that
Ministry or Department, as
the case may be, may, by
order for reasons to be
recorded in writing,
dispense with or relax the
requirements of that rule to
such extent and subject to
such exceptions and
conditions as it may
consider necessary for
dealing with the case in a
just and equitable manner :
Provided that no such order
shall be made except with
the concurrence of the
Department of Pension and
Pensioner’s Welfare or the
Department of Personnel
and Training, depending
upon the rule or the subject
on which a relaxation is
required and the
Department which is
concerned with that rule or
subject. 87. Repeal and
Saving.– (1) On the
commencement of these
rules, every rule [including
Central Civil Services
(Pension) Rules, 1972],
regulation or order
including Office
Memorandum (hereinafter
referred to in this rule as the
old rule) in force
immediately before such
commencement shall, in so
far as it provides for any of
the matters contained in
these rules, cease to
operate. 146 (2)
Notwithstanding such cesser
of operation,– (a) (i) every
nomination for the payment
of gratuity; and (ii) every
form regarding the details
of family of a Government
servant for the purpose of
Family Pension; (iii) every
formal application for the
sanction of pension, which a
Government servant had
made or given under the old
rule, shall be deemed to
have been made or given
under the corresponding
provisions of these rules. (b)
any nomination for the
payment of gratuity or any
form regarding the details
of family of a Government
servant for the purpose of
Family Pension required to
be made or given by a
government servant under
the old rule but not made or
given before the
commencement of these
rules shall be made or given
after such commencement in
accordance with the
provisions of these rules. (c)
any case which pertains to
the authorisation of pension
to a Government servant
who had retired before the
commencement of these
rules and is pending before
such commencement shall
be disposed of in
accordance with the
provisions of the old rule as
if these rules had not been
made. (d) any case which
pertains to the authorisation
of gratuity and family
pension to the family of a
deceased Government
servant or of a deceased
pensioner and is pending
before the commencement of
these rules shall be disposed
of in accordance with the
provisions of the old rule as
if these rules had not been
made. (e) subject to the
provisions of clauses (c) and
(d) anything done or any
action taken under the old
rule shall be deemed to have
been done or taken under
the corresponding
provisions of these rules.
.
In View of above it is proposed that:-
(i) Case may be sent again to the Central Vigilance Commission so that corrigendum may
be issued to the charge sheet as per the prevailing Pension Rules
(ii) I/O and P/O may be appointed in this case.
Since Sh. Tej Pal Singh, Deputy Director (Horticulture) (Retired) (CO) has denied all the
charges and has requested that the Charge Sheet be dropped / Withdrawn therefore, in view of
above it is proposed that an Inquiry may be conducted to inquire into the charges.
Shri Tej Pal Singh, Deputy Director (Horticulture) (Retired) has retired on Superannuation on
28.02.2018 from O/o DD(Hort.) M-214, PWD, GNCTD, Delhi. His present address as per
PIMS record is F-85, Gali No. 3, East Vinod Nagar, New Delhi-110091 his permanent address
is P.O. Jassi Nagar, Baheri, Balreilly, Uttar Pradesh.
Anurag Sharma
EOD-IV Vigilance, CPWD