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STATEMENT OF IMPUTATIONS OF MISCONDUCT IN SUPPORT OF ARTICLES OF CHARGES FRAMED AGAINST Shri Bipul Kumar Choudhury, Vigilance Officer, ECL

Sales Office, Kolkata

In support of Article I
The report of GM(IA). Shri Choudhry was informed vide letter Dt.06.10.10 & reminders Dt.22/23.10.10 & Dt.04.11.10 that non-submission of toll tax receipt makes his transfer TA claim as doubtful and was requested to provide a copy of the same. But no reply was received from him which shows that he did not have any clarification to offer on this count. Last but not the least, TA bills of Shri Choudhury shows that he started his journeys from Dishergarh even after 11.03.08 i.e. the date on which he claimed to have shifted to a rented house in Asansol. This further proves that he did not actually shifted his belongings from Kolkata to Asansol. Shri Choudhury was asked vide letter Dt. Dt.06.10.10 & reminders Dt.22/23.10.10 & Dt.04.11.10 to clarify the reason for starting the journey from Dishergarh even after shifting to Asansol but no reply was received That Shri Bipul Kumar Choudhury,Vigilance Officer,ECL Sales Office, Kolkata was transferred to and posted at Vigilance Dept., ECL Hq during the period 2007-09 vide Office Order No.-ECL/C-5(D)/Order/VIG/EE/1527 Dt.13.10.07. He was again posted at ECL sales office, Kolkata in July,2009. A complaint was received in Oct.,2008 by CMD, ECL alleging that Shri Choudhury has fraudulently claimed transfer TA amounting to Rs.30,000/-. The complaint was marked to GM(IA) for verification A report was submitted by GM(IA) with the following findings:a) Shri Choudhary can be presumed to be in receipt of HRA for the period from 01.11.07 to 30.04.08 in respect of his house located at Kolkata. b) During the above period, Shri Choudhury preferred a transfer TA claim which reveals that his household goods were shifted on 11.03.08 from his own house in Kolkata to a rented house at Kulti and received payment accordingly. Reference was also made to a house rent bill No.K/01/08 Dt.10.3.08 for Rs.2000/- being rent for March,2008 with the address of Kulti (3/N KBNA, Kulti, Bardhaman) As such HRA claims for the months of March,2008 and April,2008 already sanctioned in relation to his own house in Kolkata appears to be inconsistent and should be recovered, if payment of HRA has already been made. c) As regards genuineness of his claim of transportation, it is submitted that the money receipt and bill of an established transporter alongwith the consignment note is available- although no Toll tax receipt is seen along with the voucher and can be presumed to have been paid by the Transporter himself. d) As regards his stay on in a rented house, it is submitted that this department is not properly equipped to look into such matter and may kindly be referred to other suitable department / agency, if thought fit. e) As regards his stay in Companys guest house (as alleged by the complainant), it is submitted that as per verbal information gathered from Shri J.L.Pathak, Executive

Incharge of guest house Shri Choudhary has not stayed in near by Dishergarh or Seetalpur guest house. It is also gathered that executives joining ECL HQ on transfer from other places / Subsidiareis prefer nearby HRD hostel for temporary stay and a confirmation in this may kindly be taken from GM(HRD). It is important to point out that the report of IA was based on certain documents which included a rent receipt vide bill no.- K/01/08 Dt.10.3.08 for Rs.2000/- being rent for March,2008 with the address of Kulti (3/N KBNA, Kulti, Bardhaman). After consideration of the above report of GM(I/A) by the D(P) & the CMD, the file was marked to Vigilance Dept for further investigation. In the investigation conducted by Vigilance Dept. the following was pointed out:During his posting at ECL HQ, Shri Choudhury was sanctioned HRA@Rs.3023/Month vide Office Order No.ECL/C-5(D)/HRA/2770 Dt.06/07.03.08 in respect of his claim for his own house at Kolkata. The HRA was sanctioned in terms of Clause 3.4 of HRA Rules as per which when an executive leaves behind his family at the old station, he shall be entitled for HRA at new station for a maximum period of 6 months. As confirmed by Finance Manager (Estb), ECL, Hq Shri Choudhury was paid HRA amounting to Rs.18,138 for the period Nov.07 to April,08 in his salary. Subsequently, he submitted his Transfer TA bill Dt.28.03.08 (claim on transfer) for Rs.31,092.00 as per which his belongings were transported on 11.03.08. As per Challan No.-B/460/08 & B/461/08, both Dtd.11.03.08, his belongings were transported to 3N/KBNA, Kulti, Barakar. Even as per the report of GM(IA) Shri Choudhury submitted a house rent bill No.K/01/08 Dt.10.3.08 for Rs.2000/- being rent for March,2008 with the address of Kulti (3/N KBNA, Kulti, Bardhaman). But as per the document provided to Vigilance Dept. by Finance Dept. the rent receipt submitted by Shri Choudhury shows the address of his house at Asansol. He also submitted a letter (undated) to Finance Dept. stating that he did not find the house at Kulti suitable and hence changed his house to Asansol. He also submitted a letter from the transporter to the effect that household goods of Shri Choudhury was unloaded at Asansol and that the transportation charges will remain same. As confirmed by GM(HRD) and as seen from the relevant register( which contains signature of Shri Choudhury) he stayed at Dishergarh Guest House from 30.01.08 to 08.07.09. The fact regarding his stay in the guest house during the said period renders his transfer TA claim as false. Moreover, claim and receipt of HRA while staying at the company guest house was a fraudulent behavior on the part of Shri Choudhury It has also been observed from the attendance register that Shri Choudhury did not take any leave in the month of March,2008 which further shows that his transfer TA claim was false. The documents enclosed with his transfer TA did not contain toll tax receipt and this fact was mentioned in thfrom him which means that he has no clarification to offer.

It is clearly proved from the above that Shri Choudhury submitted a false TA bill and also received HRA which was not payable to him as per rule. Thus, he can be said to have indulged in fraudulent behaviour. Thus, Shri Bipul Kumar Choudhury failed to maintain absolute integrity and devotion to duty and thereby contravened Rule 4.1(i), 4.1(ii) of the Coal India Executives Conduct, Discipline & Appeal Rules, 1978 (amended up to April,2000) and committed misconduct under Rule 5(1), 5.(5), 5.(9) & 5.(23) and 5(26) of the said rules.