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service matter

Querist : Anonymous (Querist) 26 November 2009 This query is : Resolved 
Sub. Work relating to construction of cargo berth.
Dy. Chairman & CVO x port trust vide his letter dated --/07/08 had referred to the commission a case relating to the initiation of major penalty proceedings against the 5 officials.
Mr. A
Mr. B
Mr. C
Mr. D
Mr. E
The case was initiated on the basis of the observations of CAG on the work of construction of the cargo berth @ the cost of Rs. 40.98 Crore. The CAG has observed that the port Trust erroneously computed the amount of compensation for delay, thereby causing an undue benefit to the tune of Rs. 1.90 crore to the contractor. The commission, after perusing the report had observed that the commission’s 1st stage advice had not been obtained in this case. The commission, vide its O.M. of even no dated --/08/08 advised port trust to clarify the reasons for not obtaining the 1st stage advice and to expedite the inquiries and finalize the proceedings without delay. Port trust has furnished its reply, vide letter dated--/02/09
The commission has perused the report of port trust and has observed that there was a clear vigilance angle to the case and then chairman & FA&CAO had erred in not referring the case to the port trust Vigilance of the CVC. Now, the case as a composite case and furnish the complete proposals in respect of all officials for commission’s 2nd stage advice, as per the guidelines contained in the commission’s circulars no. -- dated -/-/06 and no. … , dated --/---08
The commission has also conveyed its displeasure to Sh. X the then chairman, port trust, since repatriated to his parent cadre, and Sh. Y the then FA & CAO. Port trust presently working in another port trust, for the failure to refer the case, having a clear vigilance angle, for the 1st stage advice of the commission, even through the official involved were covered under its jurisdiction..
Action taken by the Dept. may be intimated to the commission without undue delay.
my friend is Mr. Y will he can save him from any action taken by his dept.
s.subramanian (Expert) 01 November 2010
No.


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