TA/DA to OFCH Lodge bill
Plot NO 119,FLAT NO. 8 Bapuji
(Querist) 26 June 2017
This query is : Resolved
Respected sir , I am central govt employee,have booked Govt accommodation and private accommodation during temporary duty.But due to uncleanness, I have not availed the govt accommodation,but paid since it is meger amount and got release order after completion of duty.I have submitted Lodge bill for reimbursement. Office of controller of defence accounts pointed out that you stayed in govt accmmdn and fradulent hotel bill submitted.But I have replied that I have slept in Lodge hence submitted.No doubt it is not fradulent.My office verified and informed to CDA that Lodge bill submitted by individual is not fradulent.But vigilance cell in our department issued charged 5rmemo.Again I have explained same .If inquiry is ordered what I have to do.
My office at Secunderabad verified & found that Lodge bill is not fradulent.
My office at Lodge is also verified and found that Lodge bill is not fradulent.I have informed that I have booked govt accmmdn but not availed.Since private accmmdn is booked also, I have availed and submitted for reimbursement as per entitlement. Lodge management clearly explained that I have stayed with Lodge records.
Query: what should I do if inquiry is ordered. How to convince IO.please suggest me to discharge the charged memo.
Sudhir Kumar, Advocate 
(Expert) 27 June 2017
The charge even if false, is good enough to be dismissed from service. In depll inquiry there is no need of 100% proof. The fact that you occupied govt accommodation and submitted biull of other place gives a reasonable impression that you had paid less and claiming more.
You have hidden the fact that when you submitted bill of "X" place how the booking at "Y" place came in picture. So it cannot be commented as to how strong your defence is going to be.
Further, the case may result in departmental inquiry wherein you have right to call any govt servant /service/retired from any central/state deptt to argue on your behalf.
You will have a right to call documents and you will have to call for attested copy of the booking register of the lodge their service tax return. You have a right to call the witnesses you will have to call the lodge staff as your witness and also guest house staff as witness.
Dr J C Vashista
(Expert) 27 June 2017
I fully agree with expert opinion and advise of Mr. Sudhir Kumar, you have made yourself liable for committing forgery and disciplinary action against you, which was by omission or commission.
T. Kalaiselvan, Advocate
(Expert) 27 June 2017
You can give an explanation in the form of an affidavit stating that you booked the government accommodation but could not avail it owing to the uninhabitable condition hence you opted for accommodation in a private hotel, you can also mention that you have not made a double claim and have produced all the vital details including the original bills etc, and you may be granted whatever you are entitled as per the provisions of law.
This affidavit may support your pleadings and may bring some respite. If the authorities still turn a deaf ear, you may plan to approach the issue legally after exhausting all the remedies within the organisation.
Kumar Doab
(Expert) 27 June 2017
Mr. Sudhir Kumar has provided you with inputs.
You may prepare your defense.
Kumar Doab
(Expert) 27 June 2017
The employee and anyone should act carefully in any more so employment matters.
If you did not stay due to un-cleanliness then you could have narrated it in register that might have been available with caretaker and could have even sent an email.
Although your office has sent a report that is one silver lining, still you need to convince the IO.
It seems that you may not be let off without any repercussions.
Sudhir Kumar, Advocate
(Expert) 27 June 2017
Never (NEVER) commit the mistake of giving evidence on affidavit in response to departmental chargesheet
Kumar Doab
(Expert) 27 June 2017
Mr. Sudhir Kumar has given another input to you and all readers of the thread.
You can benefit from the posts and prepare your defense.
Take help if you are not skilled to handle such matters.
Plot NO 119,FLAT NO. 8 Bapuji
(Querist) 07 November 2017
Respected sirs,
Thank you sir for your honorable and valuable advices.Now my office has given me opportunity to present my reply.
My reply is as below:-
1. I have booked accommodation at private Lodge and Govt guest room.
2. Due uncleanness of Govt guest house,I was not stayed in the night.
3.However during office hours , for company of colleagues I had to come to there.As such have not cancelled.And charges are also very less.Hence paid.
4. But where as private I have paid Rs1000 per day.Total three days.But claimed 750/- per day.
5. I have also informed to my local office that I have booked and not stayed.
6. Your honoured, I have only claimed as per entitlement, but not crimed.
7. Now I called me inquiry.i want to reply same.
Once again I thank to all Honorable advocates who responded for my query via LIC.LCI is really more valuable than LIC (Life Insurance Corp).
Jai Bharat.Jai judiciary.
Guest
(Expert) 07 November 2017
@Mr. T. Kalaiselvan,
In any quasi-judicial type of departmental disciplinary case, there is no provision for submission of affidavit. The process of affidavits work in the courts of law.
Guest
(Expert) 07 November 2017
@ Mr. Vijay,
Your query is quite premature. If charge sheet has not yet been issued, the case is merely at the investigation stage. So for the present, any suggestion without ascertainment of the charge may not work at all. You will have to wait till the issue of charge sheet. Once the charge sheet is issued, you will have to defend the case in the departmental inquiry by taking assistance of another employee. He may be expected to take care to defend your case against the charge, as per departmental rules and regulations. But, be sure to select a defence assistant, who is really knowledgeable in departmental inquiries as well as the travelling allowance rules of the Central Government.
But, with reference to your description, for the present it can be stated for your information that when when Government accommodation, in whatever condition, was provided on booking, your TA claim bill, if already received by you, at the hotel/lodge rates was irregular, irrespective of whether you have paid charges for lodge. The instance of lesser claim cannot exonerate you of the charge, if made.
However, you need not be so afraid, if on investigation it has already been found that you have also paid the lodge charges and If payment of your TA bill has not yet been received by you, as shown in the bill. The case can not be so serious to attract dismissal from service, as Mr. Sudhir Kumar has stated.
So, if payment has not yet been received, better get your TA bill rectified for pass and payment, as per the DA rates provided for official accommodation with no claim for lodge charges.
But, if payment has already been received, the charge may be serious, but still would not attract dismissal.
Guest
(Expert) 08 November 2017
Dear Vijay,
I differ with the views of Mr. Jigyasu to some extent. His advice seems to be valid only if a charge sheet is served to you for your TA claim case. But still his views about your claim pertaining to lodge charges cannot be deemed to be correct. Your case may have become complicated, but no vigilance angle is involved.
In my view, if you have really stayed at the lodge by paying charges for your stay, irrespective of your booking with the Government accommodation, no charge sheet is called for against you, what to say of penalty of dismissal as enunciated by Mr. Sudhir Kumar, as no element of fraud is evident on your part. At the most, the sanctioning authority can use his discretion to allow you the reduced rate of DA assuming you to have used the Government accommodation also in addition to your stay at the lodge. But still that may also not be appropriate on their part as they cannot disallow you payment of TA rates payable for the stay at hotel/ lodge, except by making the prescribed deduction out of the DA, as per the prevalent rules on TA.
However, in the event of issue of any charge sheet to you in the case, you may have to engage quite a competent defense assistant to fight your case in the departmental inquiry, so that the charge be proved to be totally false. In such a case, only negative minded authorities can be expected to issue a charge sheet. Otherwise, there is no justification for any charge, except for allowing the correct payment by appropriate correction in your claim. In such case, even the DDO is fully competent to make adequate corrections in the amount of claim, provided he is fully acquainted with the provisions of the Traveling Rules and his own powers.
