Devotion to duty
kehar singh
(Querist) 16 July 2013
This query is : Resolved
Dear learned members,
What does devotion to duty mean? Whether SC or any HC has interpreted the terms in any case.
A person is on duty throughout the month but he is not aware about any papers sent from his Headquarter nor he was informed. As a result a incident took place. So does it amounts to lack of Devotion to duty. ?
Dr. Jyothi Vishwanath
(Expert) 16 July 2013
First, what is the procedure for circulation of the papers in the office. Clarify this. Is there any outward inward desk.
If a paper has been sent through the proper procedure, it must reach you.
If still it does not reach you, burden lies on you to prove that the proper and regular course was not followed in this particular case.
R.K Nanda
(Expert) 16 July 2013
state full facts.
kehar singh
(Querist) 17 July 2013
The officials in head office states that they had faxed a fund transfer letter to the district office to enable the district office make various payment. The fax is reported to have sent to the office of Joint Director. But the Drawing & Disbursing Officer(DDO) is held responsible for not utilising the fund on the plea of lack of devotion to duty whereas the DDO is not aware neither about the fund forwarded by the HeadOffice nor about the receipt of fax by JD nor the JD re-directed the fax to D&DO.
The JD has not been examined during the course of inquiry. And the HO is putting entire blame on D&DO sayinng that there is no question of not receiving the letter by D&DO when the fax is sent to JD office.
This is the entire story.
Thus I want to know is the case amounts to lack of devotion to duty on the part of D&DO.
Guest
(Expert) 17 July 2013
Mr. Kehar Singh,
In any of your two posts, you have not provided the information whether the fax was addressed to you or marked to you by the receiving authority through the official channels, whether there is any recorded proof that fax was delivered in the section of the DDO or not? The question is not whether the DDO was aware or not about the fax, the question is whether the fax was received in the section under his control or not.
So, by posing such queries, you may just be striking in the air. You actually need to verify all the fact about whether the fax was actually delivered to your section and who received that and why he did not put up that to you, if actually received, as you were responsible for controling the affairs and efficient functioning of your own section.
Your defence lies and be strong only if the fax was not actually delivered to anyone of your section by the receiving authority.
However, for your information, lack of devotion to duty is a common term being used in all the charge sheets issued in all the Government departments. So, if the prosecution is not able to prove the delivery of the fax to your section or you are capable to prove that in your defence, the allegation of lack of devotion to duty would automatically fade out.
So instead of getting puzzled on that term better concentrate on finding the fact about delivery of fax to your section.
Dr. Jyothi Vishwanath
(Expert) 17 July 2013
I agree to Mr.Dhingra. If fax was under your control, you are responsible. Otherwise you are not responsible.
The control can be actual or constructive.
Rajendra K Goyal
(Expert) 17 July 2013
Agree with expert PS Dhingra ji. Nothing more to add.
kehar singh
(Querist) 18 July 2013
Sir,
The fax was addressed to Joint Director and the fax machine is also attached in the office of Joint Director and not in the office of D&DO. No record of JD office shows that it was forwarded to D&DO. Nor it is received by any staff under the control of D&DO.
The contention of prosecution is that they have a copy of fax delivery report generated by the fax machine so there is no question of not receiving the fax by JD and since office of JD and D&DO is in close proximity thus there is no question of forwarding the fax to D&DO by JD whether through official means or in person.
Further contention of the prosecution is that being D&DO, if D&DO have shown little interest in finding from all corners including HO that if any fund is forwarded by HO or not then I would have definitely
find the fax even if the JD had not forwarded to D&DO.
So this way prosecution wants to prove that it is the lack of devotion to duty on the part of D&DO.
Pl give final suggestion.
Sudhir Kumar, Advocate
(Expert) 18 July 2013
you already have some threads on disciplinary case leading to this even. Without linking of all facts you are not likely to get sound advise.
kehar singh
(Querist) 18 July 2013
Mr sudhir,
that was different case and that has been materialised. Pl do not link this one.
This is the case of my friend and I am placing just for his help as he has no access to internet from his posting place, Please.
kehar singh
(Querist) 18 July 2013
Mr Sudhir Kumar
Similar observation had already been raised by one Learned member (Shri R. K. Nanda) and I have stated every thing. So pl go through in detail instead of raising observation in the middle like a host in TV news.
Guest
(Expert) 18 July 2013
Mr. Kehar Singh,
About your additional information, fax delivery report to another machine or the JD has no relevance unless the prosecution actually proves that the fax was delivered to the DDO by the JD. It cannot be an assumed duty of the DDO to go on inquiring the superior authorities without any context whether any fax meant for him has been received or not. A DDO is not obliged to abandon all of his important day-to-day drawing disbursing functions just to start inquiring from superior authorities about unknown matters.
If the prosecution so believe that a DDOs function is like that as assumed by them, onus of proof lies on them. Let them prove that and also ask them to quote the relevant rule under which that function was assigned to the DDO. Alternatively, the Charged Officer can also ask, why the sender of the fax failed to confirm from the DDO whether the fax was actually received by the office of the DDO or not?
kehar singh
(Querist) 19 July 2013
Shri Dhingra sahab.
you have ratified the contention that was going in my mind. But I wanted it to be cleared from learned members.
Yes, how can a junior officer go on enquiring with the senior officers whether he has received any papers from any corner, every day. It should be the duty of Sr. officer to pass on the things to concerned person if senior has received any papers/files on behalf of junior.
Many thanks to Shri Dhingra Sahab.
Guest
(Expert) 19 July 2013
You are welcome.
