Friday 15 November 2013

Circle Bulletin No.2



    ALL INDIA SAVINGS BANK CONTROL EMPLOYEES UNION, A.P.CIRCLE
(A Union recognized by Department of Posts)
H.Q.SBCO O/o Hindupur HO, Anantapur Dist – 515201.
 V.NARASIMHA DAS            N.SREENIVASULU                      M.BASAVALINGIAH
 PRESIDENT,                          CIRCLE SECRETARY,               TREASURER , 
 PA,  SBCO                               Incharge SBCO                              Incharge SBCO, 
HYDERABAD, GPO.             HINDUPUR- HO.                           NANDYAL -HO.
Cell: 9441051768                      Cell: 9440084328                            Cell: 9908399256
dasvunnamatla@gmail           seenu.sbco@gmail.com                   basavalingaiah.m@gmail

BULLETIN NO.02                                       DATED:   03.10.2013
 Dear Friends,
        I wish to issue this Bulletin with the following news. I also wish to convey my heartful greetings to one and all on the occasion of ensuing Vijaya-Dasami.
1)
DEARNESS    ALLOWANCE    FROM    1st JULY    2013   =    10%
BONUS         announced for 60 days
  The Dearness allowance stands at 80%, may go up to 90% from 1.7.2013.                                                                      
2) The central Govt. has announced to constitute the 7th Pay commission and stated that it will effective from January’2016.Unions including our Union asking it must effect from 2011.
1) Departmental Orders :
I} Rotation of  officials working in sensitive posts :
     Central Vigilance Commission and the Department of Personal and Training have issued instructions for effecting rotational transfers of officials posted on sensitive posts. As per Commission’s instructions issued vide letter No.s 98/VGL/60 dated 01.04.1999, 02.11.2011 & 004/VGL/9 dated 01.05.2008 & 04.01.2012 on  this issue, it was prescribed that Ministries/Departments/Organisations are to identify the sensitive posts and staff working in these posts and also ensure that they are strictly rotated after every two/three years to avoid developing vested interests.
2. Heads/CVOs of all Departments/Organisations are advised to ensure strict compliance of the Commision’s guidelines and implements the same in letter. Further the CVOs should specially report the action taken indicating the number of officials rotated/transferred in the respective organizations in the Monthly Report of CVOs submitted to the Commission.

( Circular No. 03/09/2013 from Central Vigilance Commission dated 11.09.2013 )




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ii} Irregular claim of remuneration from Ministry of Finance :

     Vide SB Order 2/2010 dated 27.01.2010 in para2(i). It was clearly mentioned that “ From 01.04.2010 all these accounts shall be treated at par with the silent account of post 31.03.2002 which are already part of the office balance. Steps required to be followed to make these accounts silent again in Sanchaya post were also mentioned in the same para. As per order your circle has treated technically revived accounts as live accounts which was not the motive.  And take immediate action mark such accounts as Silent in the Sanchaya Post and deduct these accounts from live accounts for 2013-14. Effect of these accounts in intimating number of live accounts to DAP may kindly be intimated year wise i.e from 2010-11 to 2012-13 so that amount of remuneration claimed for these accounts may be adjusted from the claim to be raised for the year 2013-14.

( Vide Director (FS) dated 11.07.2013 at New Delhi )


iii} Problems faced by small savings Agent :

The following problems are received by agent associations/Federations to the Departments
I}  Forcing agents to open accounts of small amount in the name of single Depositor and issuing of single pass book against multiple accounts

Ii} Non issuing of TDs certificate in Form of 16A  as per Income Tax rules

iii) Forcing MPKBY agents to deposit RD installments only by the date on which RD account was opened

2. It is requested that any practice as mentioned at point (i)  If followed by any Post Office should immediately stopped. As point (ii) please refer to this office SB Order 10/2013 vide which is further reiterated that TDs certificate  in form 16A should be provided to the POSB customers as well as agents on quarterly basis.

3. For accepting of RD deposits from MPKBY Agents, It is requested that as per latest orders issue by the Min. of Finance, RD deposits can be accepted up to 15th of subsequent month, If RD account is opened between 16th and last working day. This may kindly reiterated to the field units. However, MPKBY Agents should be convinced not to present all their business in the last working day of the prescribed list dates and spilt the business in such manner. So, that posting can be done on the day of presentation itself. Additional staff may be deployed to help RD Counters in bigger offices during peak days to complete posting of RD Lots. In view of the readiness of data for migration to CBS, it should be ensured that no RD LOT, once accepted should be kept pending for posting.

 ( Vide SB Order No. 11/2013 Delhi dated 16/09/2013 ) 

                                        // 3 //
CHQ NEWS:-
1)   Preparation of Consolidated journal of RD/MIS in HPOs :

Copy of the CHQ Lr. Addressed to P.Gopinath, Secretary [P] , Dak Bhawan vide No: AISBCEU/RD-MIS CONS/01-2013 DATED: 05.02.2013

Ref: 1. Dte.Fs Division Lr.No: 115-78/2012-SB Dt: 06.02.2013
  2. D.G.Posts letter No.113-1/2002-SB dated 05.05.2003 – Para 38B
        3. SB ORDER NO. 2/2008 -F.No. 116-09/2007-SB Dt: 12.02.2008
        4.D.O.Lr.DDG [FS] No:116/09/07-SB Dated: 26.06.2008 addressed to CPMG, T.N.Circle
            
            I wish to bring your kind information about the recent clarification Dt.06.02.2013 issued by the Directorate regarding Preparation of Consolidated journal of RD/MIS in HPOs. 

            With reference cited above at.1, the preparation of Consolidated journal of RD/MIS in HPOs is assigned to SBCO cadre instead of SOSB branch under presumption that where SBCO  is feeding data either in Sanchay Post  or in V2SBCO,  Consolidated journal are to be generated in SBCO automatically.

            With reference cited above.2, which was included in the process flow of D.O.letter of Member [Tech] Dated 06.02.2009 is misinterpreted as specified below:-
As per para 38B. VERIFICATION OF LEDGER BALANCES OF SUB OFFICES A/Cs

1. Following computerization the SBCOs are working either on V2 SBCO or Sanchay Post as below.
(a) In SBCOs working on V2 SBCO, the transactions will be fed in computers by SBCO after general check of vouchers and verification of total of cash figures of consolidated journals with Head Office cash book on daily basis.
After feeding of transactions over computers  all other control functions including verification of balances are automatic besides being accurate. Verification of closing balances of the ledger/office with the closing balance arrived at SB-85/SB-62/SB-63 registers at the close of the month will make the system fool proof. The generation of Control Registers in Form SB-85/SB-62/SB-63 and consolidated journals SB-86/SB-72 is automatic.

               It is meant that, after checking cash figures of consolidated journal [ Prepared by SOSB branch under Rule 122 [1] of POSB Vol I and Para 29A & 34 of Chapter-2 of POSB Vol –IV – Copy enclosed]  with HO cash Book by the Supervisor, SBCOFirst part
            Second Part – After feeding transactions in computers by SBCO branch,  the control Register and consolidated journal will be generated automatically. The total cash figure of Consolidation prepared by SOSB branch and the consolidation generated in computers of SBCO branch should be tallied. It is the process of verification of ledger balances of Sub Offices.
The above process is confirmed in the Directorate letter SB ORDER NO. 2/2008 -F.No. 116-09/2007-SB Dt: 12.02.2008 that this is in continuation of this office letter of even number dated 4.2.2008. Some of the clauses of Para 5 (b) and (c) of this letter have been modified. Revised text of these paras is as follows:-




                                                                        // 4 //

5. (b) For SO Group in Head Post Offices:-
(i) In HPOs, daily consolidation and vouchers along with LOTs will be transferred to SBCO as per existing procedure.
(c) For SBCO in Head Post Offices:-
(i) SBCO is expected to have data in their computers for RD/MIS and SCSS schemes relating to SOs as prescribed vide SB Order No. 8/2003 issued vide this office letter No. 113-1/2002-SB dated 5.5.2003. On receipt of daily return from SBSO, SBCO will check 100% vouchers of closed accounts pertaining to RD/MIS/SCSS schemes of these SOs.

            Instead of realizing the correct concept of this above para, if the preparation of RD/MIS consolidation work has been assigned to SBCO , the preparation of Statistical figure which has to be submitted to the Directorate every month through Postal Accounts will be delayed and  the commission earned by the Department from the MOF to meet the establishment of our Department up to 52% will also be suffered.

            In addition to, the following problems of SBCO cadre are brought to your kind notice to defer this decision until the  implementation of CBS.
  1. The staff strength of all SBCO Units is less than 50% of sanctioned strength due to ban on recruitment up to the year 2008  and later on delayed  process of new recruitment.
It is proved through the D.O.Lr.DDG [FS] No:116/09/07-SB Dated: 26.06.2008 addressed to CPMG, T.N.Circle vide para 3. that “the whole matter has been examined in detail by this office and it is found that position of ledger posting as well as agreement varies from office to office. In many SOs/HPOs posting is pending for the last more than 4 to 5 years. Even in some HPOS, no data of RD/MIS/SCSS with regard to SOs is available. Some Circles have also informed that due to decentralization, there is increase in frauds particularly in single as well as double handed SOs. Many frauds might have been gone undetected at HPOs, since there is no second checks at HPO in RD/MIS/SCSS. Staff position in HPOs’ is very grim and with the present situation, it is difficult to update the work of posting as well as ledger agreement if the decentralization is rolled back.”

  1. No data security in V2SBCO software since it is developed on Foxpro basis  and it is only possible to work in a stand-alone system instead of Server. Further, the total number of RD accounts is heavier than other POSB schemes (ie) up to 60% to 70% of total accounts belongs to RD category and hence it will not be possible to feed all RD data in a single system. Hence, the data feeding is being done in several systems as per the distribution of work  of SOs in the MDW of SBCO.  It is pointed out that the generation of RD/MIS consolidation could be possible subject to the feeding of transactions in a single system only which is practically not possible.

  1. Due to shortage of staff for a long period, the data feeding is in arrears in most of the SBCOs. In case, the transactions have to be fed for consolidation purpose, the pending data feeding work has to be updated, then only,  it will be possible to feed the current transactions to generate the consolidation. Since such time the submission of statistical reports would be delayed.

  1. Data feeding in Foxpro V2 SBCO software may be corrupted during power cut or otherwise since most of the SBCOs are working in a condition without UPS support / backup.

  1. The Savings Bank Control Organization has been set up in each Head Post Office  to maintain control accounts of Savings bank and carry out day-to day checks of the work done by the SB Branch. The SB control work which was done by Postal audit office was transferred to the Post Office. Now, it is wondering that the audit wing who is
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  1. directed to carry out day to day check of SB work including RD/MIS consolidation is now directed to prepare the consolidation work. Such decision will be against to the concept of auditing work.

SOLUTION SUGGESTED by this UNION :
      The following solutions are suggested to avoid duplication work in Sub Office and SBCO branches.
  1. With  a cut off date, [Better w.e.f. 01.04.2013], the Sanchay post RD/MIS/SCSS  data of HO have  to be transferred to the Sanchay Post HO Server. It is possible to download the RD/MIS/SCSS  tables from the concerned SO database. (Even DG orders are already issued to roll-back the decentralized schemes during the year 2008 itself.)
  2. The V2 SBCO software shall be discontinued w.e.f. 31.03.2013.  As data required for CBS is to be migrated from Sanchay post platform only, there is no need to continue V2SBCO software for SBCO.
  3. Every day, after completion of the day’s transactions of RD/MIS category, the daily data of Sub Office shall be uploaded to the SO tables of HO server.
  4. It is better to assign a fresh block numbers to RD category, since many of the Units are in arrears as referred in D.O.letter of DDG FS Dt.26.06.2008.
  5. In Sanchay Post also, the generation of consolidation and control registers has to be updated since the Progress total and Grant total is not correctly arrived.

In view of the above reasons, the Directorate clarification Dt.06.02.2013 regarding preparation of RD/MIS consolidation may please be deferred until the implementation of CBS and also to avoid the delay in submitting statistical information to MOF for claiming commission for  SB operations.

    2) Maintenance of statistical register by SBCO for workers wage accounts and SB accounts disbursing MGNREGA wages :
Copy to Sri.Vineeth Pandey, DDG [FS], Dak Bhawan, New Delhi-110001 for information.
Copy of the CHQ Lr. Addressed to P.Gopinath, Secretary [P] , Dak Bhawan vide No: AISBCEU/NAREGA/STATISTICAL REPORT/06-2013 DATED: 28.04.2013

Ref:  1. SB ORDER:  19/2008 DT: 27.08.2008
        2. SB ORDER:  14/2010 Dt: 30.07.2010    
        3. SB ORDER : 02/2013 Dt: 26.02.2013 
            I wish to bring your kind information about the recent SB order No: 02/2013 Dt: 26.02.2013 regarding Maintenance of statistical register by SBCO for workers wage accounts and SB accounts disbursing MGNREGA wages and its practical difficulties in the present set up of SB procedures referred in SB order No: 19/2008.

            While issuing the initial NREGA scheme SB order No:19/2008, it had been directed to open this account with a condition that  separate block of account numbers will be allotted to this category of account. Since no specific instructions were given to prepare a separate LOT for accounting purpose to make separate entry in the SO account summary and also for the preparation of separate consolidation, these NREGA transactions have been included in the LOT of SB category.

            Hence, it may not be possible to maintain separate   register by SBCO for workers wage accounts and SB accounts disbursing MGNREGA wages.


                                                                        // 6 //

            But, while issuing the SB Order No: 14/2010 Dt: 30.07.2010 in r/o the new three Schemes i.e IGNOAPS, IGNWPS and IGNDPS, the following instructions were given that
  • Separate block numbers should be given to all the three types of accounts.
  • SOs shall maintain separate ledgers, SS Books for these accounts and prepare separate LOT.
SOLUTION SUGGESTED :
            The following solutions are suggested to avoid duplication work in Sub Office and SBCO branches.

  1. Specific instructions has to be given in a cutoff date i.e. 01.07.2013 to prepare separate LOT for accounting purpose and preparation of NREGA consolidation likewise given for IGNOAPS, IGNWPS and IGNDPS schemes.
  2. Before that the NREGA accounts which are already opened and accounted with SB category should be segregated through LOCAL TRANSFER from SB category to NREGA category.
  3. In the Sanchay software also, separate option for this NREGA scheme has to be provided.

After the above process only,  it could be possible to maintain separate statistical register by SBCO for workers wage accounts and SB accounts disbursing MGNREGA wages. This is for your kind information to defer this order until further modification in the SB procedure and software.

3).CORE BANKING SOLUTION: The CBS software is being ready after completion of second validation by a team of our Department officials at Infosys, Chennai. The first installation of CBS software may be  in the 3rd week of  August -2013 and the second  installation in the first week of September-2013 in some pilot HOs.  After the successful installation in these pilot offices, it may be extended in 112 sites at various selected Circles. The CBS is the only solution for the present problems facing by SBCO staff. We may also render our support for earlier installation in all HOs.
CBS 112 HOs and 12 SOs in 8 pilot circles (Assam, Karnataka, Maharashtra, Rajasthan, Tamil Nadu, Uttar Pradesh , Delhi and Andhra Pradesh

4) Bench Mark is not necessary for MACP promotion I to III:
            I request all Circle Secretaries to circulate this important order and find out the pending MACP promotion  issues in your Circles. 
            It is brought to my notice in the All India Conference that some of the officials MACP promotion is pending for various reasons i.e benchmark, censure, sealed cover  process during DPC etc. As per the latest Directorate order, the benchmark is not necessary for the promotions on non-selection basis as given below.
“It is now further clarified that wherever promotions are given on non-selection basis (i.e. on seniority — cum — fitness basis), the prescribed benchmark as  entioned in para 17 of Annexure — I of MACP Scheme dated 19.05.2009 shall not apply for the purpose of grant of financial upgradation under MACP Scheme.”

            The copy of the above order is enclosed to your kind information. Even though, the above order is circulated to Regions/Divisions, the Divisional Heads are not ready to re-open
                                                                        // 7 //
the pending cases during DPC. Please direct the concerned officials to represent to the Divisional Head with a copy to the Regional PMGs. If need, you please take up this matter with the concerned higher officers in the monthly meeting.

5) Career Progression Scheme for the Central Government Civilian  
**********
Reference is invited to the Department of Personnel & Training OM No. 35034/3/2008-Estt.(D) dated 19.05.2009 with regard to Modified Assured Career Progression Scheme (MACPS). Pursuant to the discussions in the meeting of National Advisory Committee held on 17.7.2012 and subsequent meeting on 27.07.2012 held with the Staff Side and in continuation to  clarifications issued vide this Department's O.M. No. 35034/3/2008-Estt.(D) (Vol.11) dated 01.11.2010, it is further clarified as under:
2.(i) Financial upqradation under MACPS in the case of staff who joined another unit/organisation on request:
This Department's OM No. 35034/3/2008-Estt.(D) (Vol.11) dated 01.11.2010 provides that in case of transfer 'including unilateral transfer on request', regular service rendered in previous organisation/office shall be counted along with the regular service in the new  organisation/office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008. It is now further clarified that wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promoted Post/Grade before being relieved for the new organisation/office, such past promotion in the previous organisation/ office will be ignored for the purpose of MACPS in the new organisation/office.
2.(ii) Benchmark for MACP Scheme:
Para 17 of Annexure-I of the MACP Scheme provide that the financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1. Thereafter for upgradation under the MACPS, the benchmark of 'good' would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be 'Very Good' for financial upgradation to the grade pay of Rs. 7600 and above. This Department's OM No. 35034/3/2008-Estt.(D) (Vol.11) dated 01.11.2010 provides that where the financial upgradation under MACPS also happens to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefit under MACPS as mentioned in para 17 ibid, the benchmark for promotion shall apply to MACP also. It is now further clarified that wherever promotions are given on non-selection basis (i.e. on seniority — cum — fitness basis), the prescribed benchmark as  entioned in para 17 of Annexure — I of MACP Scheme dated 19.05.2009 shall not apply for the purpose of grant of financial upgradation under MACP Scheme.
3. The MACP Scheme issued by this Department vide OM No. 35034/3/2008- Estt.(0) dated 19th May, 2009 stands modified to the above extent.
6) Extension of CGHS facilities to permanently disabled dependent brother of a CGHS beneficiary :

No. S 11011/13/2012-CGHS (P) Dated the 25th July, 2013OFFICE MEMORANDUM
The undersigned is directed to state that dependent brother of a Central Government employee is presently entitled for CGHS coverage upto the age of becoming a major. Ministry of Health and Family Welfare has been receiving requests from CGHS beneficiaries for removal of the upper age-limit in the case of disabled dependent brother so as to provide them the CGHS facilities
without any age limit as has been provided to disabled son of a CGHS beneficiary.
                                                            // 8 //

2. Accordingly, with a view to assuage the hardship, it has been decided to extend the CGHS facilities to permanently disabled dependent brother of a CGHS beneficiary, without any age-limit.
3. For availing CGHS facilities under this provision, the permanently disabled dependent brother of a CGHS beneficiary must be suffering from any one or more of the disabilities as defined in Section 2(i) of 'The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (No.1 of 19.96)' which includes:-
(i) Blindness (iii) Leprosy-cuked (v) Loco motor disability (vii) Mental illness (ii) Low-vision
(iv) Hearing impairment (vi) Mental retardation and as per Clause (j) of Section 2 of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 (No.44 of 1999), which presently covers a person suffering from any of
the condition relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability. It is clarified that 'permanent disability' means a person with 40% or more of one or more disabilities.
4. The eligibility criteria for a permanently disabled dependent brother to avail medical facilities under CGHS will be as under:- a. He must be wholly dependent on the principal CGHS card holder
beneficiary.
b. He should be unmarried and should not have his own family.
c. The income limit for deciding dependency shall be as prescribed by the Ministry of Health and Family Welfare from time to time and as applicable in CGHS for the time being in force.
d. He must be ordinarily residing with the primary CGHS cardholder beneficiary.
e. All the above conditions are required to be fulfilled for availing CGHS facilities. The CGHS facilities will cease to exist with immediate effect if any one of the above conditions is violated.
5. This office memorandum will be effective from the date of issue.

7) Filling up the posts of posts in Higher Selection Grade-l (HSG) in Savings Bank Control Organisation (SBCO) and Circle Office and Regional Offices (CO/RO) in Postal Circles
General Secretary address to All Chief Postmaster General/ Postmaster General of Postal Circles, that I am directed to refer to Directorate's letter No.'4-44t2012-SPB-ll dated 18.04,2013 requesting the Circles to fill up the posts in HSG-I in Post Offices and RM$ Offices by convening Departmental Promotion Committee (DPC) Meeting for, promoting HSG-ll officials in PO & RMS Offices as per the provisions of existing
Recruitment Rules.
2. References have been received from some Circles seeking clarifications as to
whether DPC meeting can be convened for HSG.I post in $BCO and CO/ RO
cadre.
3. Earlier, Directorate had never issued any instructions to the Circles that DPC
meeting should not be held for filling up HSG.I posts in SBCO and CO as per the
provisions of existing Recruitment Rules of these cadres. The onus, therefore, lies
on the Circles to hold DPC meetings regularly to fill up the posts in SBCO and CO as
per the provisions contained in the existing Recruitment Rules.

.



                                                            // 9 //

            Infosys is embarking on training India Post staff in how to use its Finacle banking system after completing the roll-out of the system at 155,000 post offices in India.
            India Post is moving to the user acceptance phase of a project that began in August 2012, after Infosys won the contract to supply a core banking system to India Post.
            C. N. Raghu, head of Infosys in India, said that, with 40% of the Indian population having no bank account, India Post with 155,000 branches is the ideal organization to get rural people into the banking system. India Post has one branch per 8,000 people and 21km2.
          “We have finished our part of the project and will start user acceptance,” sad Raghu. “When we have finished that, the government standards agency will look at it and then it’s up to India Post to start using it.”
Infosys is to roll out 10,000 tablet devices to India Post staff that will integrate Finacle and enable the company to provide mobile banking services to rural people. This is the second project won by Infosys and, if successful, more tablets will be rolled out.
This will ensure banks can connect the last mile to citizens, according to Raghu. “An India Post worker will be able to take the banking system to people that can’t reach a bank.”
More people will want to set up bank accounts as the Aadhaar (UID) project – the Indian government's plan to issue all of its citizens biometric ID cards – gathers pace. With a unique ID, many more people will be able to set up bank accounts.
The combination of the reach of India Post and the technology will help Indian citizens that have so far been left out of the banking system. “This could be a powerful tool for financial inclusion,” sad Raghu.
The Indian government stands to benefit when cash currently invisible to the financial system re-appears, much of it taxable. According to research from Gartner, Indian banking and securities companies will spend about 417bn INR on IT in 2013, compared to 369bn INR in 2012.
There is pressure on Indian banks to become more competitive and gain large customer bases. The Reserve Bank of India – which regulates the Indian financial sector – recently announced guidelines for new companies to enter the banking sector which is leading to greater competition.
In May this year the Department of Posts (DoP) awarded Tata Consultancy Services (TCS) a six-year contract worth 11,000m INR to provide an end-to-end IT modernization program for India Post.


                                                  // 10 //
The program includes developing and supporting mail, finance & accounts, HR, customer interaction management solutions including the rural ICT platform, data migration, infrastructure, call center and centralized with 24-hour service desk operation for all DoP. As core system integrator, TCS has responsibility for the overall integration of the end-to-end security system Enterprise Management System (EMS).





DRACONIAN RULE OF CONTRIBUTORY NEGLIGENCE A DEMOCLE’S SWORD  
(By M.R.MEENAKSHISUNDARAM, Retired Supervisor, SBCO, Chennai GPO) 
PREAMBLE

Department of Post is a very big organization with multifarious functions and spread over the entire country. Due to the vast business turnover as well the huge size of the human resources employed in the day to day functioning, there will be some losses to the organization at times. Any enterprise this size will have some unscrupulous and shady characters amidst the staff. There will be losses due to frauds, theft and burglary, excess payments and compensation to be paid in consumer cases. Even so the loss due to these aspects is negligible compared to the revenue accrued through business. In Nationalized Banks million and millions of money is written off as loss due to bad debts. But in our department not even a single paisa is allowed to be written off as the Administration is very keen in recovering the loss from its employees whether the employee is directly responsible or not. In my 39 years of service in this Department, I came across almost all type of cases of recoveries towards pecuniary loss and dealt with them. It is my humble opinion that the bureaucracy usually acts in an inhuman way to recover the loss though they have powers to write off the loss. For instance the Director of Postal Services has power to write off any excess payments in Savings Accounts and there is no monitory limit. In my experience I was able to convince a DPS to accord sanction to write off some minus balances in Savings Accounts as they were pending more than 10 years and the Chief Postmaster was trying to recover the excess payments from the staff who has no part in the transactions. The problem with the present staff is that they don’t want to familiarize with necessary rules of the Branch where they work. In spite of their superior academic qualifications, the present staff’s knowledge in departmental ruling is dismal and so the Administration is able to capitalize on the lack of knowledge and impose punishment of recovery without much difficulty. With current level of shortage of staff in Post Offices and the unwanted decentralization of Accounting system, there is bound to be a lot of frauds as well as short comings/lapses on the part of the operative staff due to heavy workload. If this state of affairs continues, almost all the staffs have a permanent column in their pay bill under recovery towards Audit Objections. The Rule of recovery is a draconian rule though the rule was introduced with good intentions and the Administration utilizes this rule to impose recovery unilaterally to all employees without any sympathy. First of all we have to understand the implication of this rule and then try to tackle it. Here are some aspects of the Rule:

                                                                        // 11 //


1. WHAT IS CONTRIBUTORY NEGLIGENCE? 

As per Rules Contributory Negligence is an action on the part of a Government servant that caused a pecuniary loss to the Government. As per Rule 11(iii) of the CCS (CCA) Rules, 1965, if an act on the part of the Government servant caused pecuniary loss to the Government, the Government may order recovery from his pay of the whole or part of the any pecuniary loss caused by him to the Government by negligence or breach of orders. This rule clearly states that recovery from a Government servant can be ordered only if he caused the loss due to his negligence or breach of orders.

For example, if a Government servant looses Government money entrusted to him for safekeeping or disbursement, then it can be construed as negligence and so the recovery can be ordered. If a Government servant pays out money without proper voucher or through a defective voucher to another person, then it can be construed as a payment made in breach of orders and the penalty of recovery can be enforced. It is further defined in Rule 106 & 107 of P&T Manual Volume III as follows:

(i)                Rule 106 of P&T Vol. III states: (a). General Conditions: - In the case of proceedings relating to recovery of pecuniary losses caused to the Government by negligence or breech of orders by a Government servant, the penalty of recovery can be imposed only when it is established that the Government servant was responsible for a particular act or acts of negligence or breech of orders or rules and that such negligence or breech caused the loss.

(ii)              Rule 107 of P&T Vol. III states: In the case of loss caused to the Government, the competent disciplinary authority should correctly assess in a realistic manner the contributory negligence on the part of an officer, and while determining any omission or lapses on the part of an officer, the bearing of such lapses on the loss considered and the extenuating circumstances in which the duties were performed by the officer, shall be given due weight.


(iii)           Manner in which charge- sheet to be framed (DG P&T letter No. 114/176/78-Disc.II, dated 13.02.1981.)

“ It should be clearly understood by all the disciplinary authorities that while an official can be punished for good and sufficient reasons, the penalty of recovery can be awarded only if the lapses on his part have either led to the commission of the fraud or misappropriation or frustrated the enquiries as a result of which it has not been possible to locate the real culprit. It is, therefore, obligatory that the charge sheet should be quite elaborate and should  not only indicate clearly the nature of lapses on the part of the particular official but also indicate the Modus - operandi of the frauds and their particulars and how it can be alleged that but for the lapses on the part of the official, the fraud or misappropriation could be avoided or that the successful enquiries could be made to locate the stage at which the particular fraud had been committed by a particular person.”





                                                            // 12 //
2. How this Rule’s interpretation is being done in India Post?

Whenever a pecuniary loss occurs in the Department, the Administration immediately harps upon this Rule if the official who caused the loss did not make good the loss. For instance, if a Branch Postmaster or a Sub Postmaster defrauds Public money, the Administration does not take any serious action to recover the money from him. Instead it process the case to find out the short comings of other connected or even unconnected officials and try to throw the blame on them to enforce recovery to make good the loss. Though many Courts have frowned upon this type of action of the Administration, the practice is still being followed by the Administration. If there is a fraud at the Sub Office, the Administration looks for the lapses on the part of the Head Office staff to fix the blame and to recover the pecuniary loss. In all cases where the official directly responsible does not make good the loss, the recovery of the loss is being ordered from the other officials who are not directly responsible for the loss in violation of the Rules and orders.

3. How the Administrative Machinery is used?

Whenever the Administration decides to impose the recovery on the officials other than the one who committed the misconduct, the investigating officer will be sent to obtain statements from the officials pointing out their shortcomings and almost succeed in obtaining confession statements. If the official is weak minded and afraid of disciplinary action, the investigating officer/Divisional Administration play upon their weakness and obtain their willingness to credit their alleged share of the loss. In case of officials who are to go on retirement or voluntary retirement, the Administration uses coercion to get their willingness to credit the share as a precondition to accord necessary permission for retirement. The investigating officers use threats or lull the official to confide in them to get a confession statement. Practically all form of tactics is resorted to by the Administration without any conscience or sympathy to achieve their goal.

4. How the Government servant reacts to this action?

The reaction of the Government servant is first outrage and then defeatism. Whenever an investigating officer approaches the Government servant with some records and point out some lacunas in his day today work and how he failed to follow certain provisions in some rule. The Government servant immediately go on the defensive and try to explain how the shortage of staff and overburden of work in his seat have led to such omissions. This is exactly what the investigating officer requires. He advises the Government servant to give his statement admitting his omissions and his inability to detect some irregularities in a transaction while he processed it. The Government servant gives a statement on the above lines and prays to be excused as the omissions occurred due to heavy workload. Only a few knowledgeable Government servants ask for time to give a statement and demand that all the records for perusal before giving a statement or try to get some advise from a knowledgeable person before committing anything in writing.








                                                                        // 13 //
5. What is the Legal Position in these types of cases?

The CATs and High Courts normally set aside the order of recovery if the Government servant is not directly responsible or there is no evidence of abetting to the loss. In some cases, the CATs have upheld the orders of recovery in spite of the fact the fraud or loss occurred at a place other than the place of work of the Government servant. This is mainly due to the views taken by the Administrative Member of the CATs who was once a bureaucrat and normally rule in favour of the Government. There is no guarantee that all cases will succeed in the Legal Forum. This is mainly due to the fact that the Government servant has admitted his omissions initially and so the Courts take it as a proof and refrain from interfering with the punishments. So the entire disciplinary proceeding as well as the legal proceedings revolves around the statement of the Government servant. In some cases the Courts have set aside the order of recovery, but advise the Department to impose any other minor punishment for the omission/lapse.
 
6. What is the normal process in such cases?
a)     Whenever a case comes to light, the Administration access the amount of recovery that can be imposed on the Government servants and send the investigating officers to obtain confession statements.

b)     Next stage of the Contributory Negligence proceedings is the issue of show cause notice to the Government servant asking him whether he is willing to credit the whole/share of the pecuniary loss alleged to have been caused due to his negligence without prejudice to any disciplinary action likely to be taken in future. Some Government servants may opt to credit the whole amount or in easy installments with a hope that he/she can avoid disciplinary proceedings. Most of the Government servants used to refuse to credit the amount and face the disciplinary proceedings.

c)     In such cases, charge sheet under Rule 16 of the CCS (CCA) Rules, 1965 will be issued and the Government servant will be asked to submit his representation within 10 days from the receipt of the memo of charge. Normally the Government servant submits his representation stating the extenuating circumstances that led to the omission on his part and request for exoneration. The Disciplinary Authority used to observe that his representation is not satisfactory and imposes the penalty of recovery. If the Government servant prefers an appeal, the appeal is normally rejected as these types of cases are initially discussed with Circle Administration and their views obtained prior to taking any action for recovery. This is how 80% of the Contributory Negligence cases are being processed. 

7. How to safeguard from such cases? 

a) Whenever an investigating officer approaches for a statement from a Government servant, the official should demand to see the vouchers or records that are to be the evidence for the disciplinary proceeding to find out to what extent his action on such transaction to be construed as misconduct. The Government servant has every right to ask for time to give his statement and he cannot be forced to give a statement then and there that can be used against him. It is a must that the Government servant takes a copy of the statement given by him while giving such statement. If the investigating officer objects or refuse to grant time, the Government servant can write a statement stating that he wants to peruse the records, consult necessary rules and ask for time to give his statement. Then the investigating officer has no other option except to grant his request. Some investigating officers may even refuse to accept such
                                                             // 14 //

statement and will report to the Disciplinary Authority that the Government servant refused to give his statement. So to avoid such traps, if the investigating officer refuses to accept the statement, the Government servant should send the statement to the Disciplinary Authority through proper channel to avoid the exploitation by the investigating officer. Then he can give his statement after two or three days. It is well settled Law that nobody should be forced to testify against himself and refusal to give statements couldn’t be construed as a misconduct or misbehavior. A few know about the above fact and so the investigating officers used to threaten the Government servant that refusal to give a statement will be viewed seriously and punishment will be imposed. Even most of the investigating officers and Disciplinary Authorities are not aware of the above fact. So the statement is the most vital factor in a disciplinary proceeding and the Government servant should be very careful while a statement is recorded from him. The following points though not exhaustive will help in giving a proper statement. 

i) First ensure that you are on duty on the date/dates of the alleged incidents. 

ii) Peruse the documents that are the basis of the allegation and find out whether the same are handled by you. 

iii) Check the necessary rules/procedures from the Departmental Volumes and find out the extent of your negligence, if any. 

iv) Never write a statement as per the dictation of an investigating officer even if you trust him implicitly. 

v) Always consult a knowledgeable person before giving a statement and act on his advise to avoid any future complication. 

vi) Never trust the Administration in these matters, as it will only look after its own interest. 

vii) Always take notes on the evidences shown to you and take a copy of your statement.

b) Whenever a memo of charge is issued under Rule 16 of CCS (CCA) rules, 1965 to a Government servant, he can ask for perusal of documents that are relied by the Disciplinary Authority to sustain the allegation under Rule 16 (1)(b) of CCS (CCA) rules, 1965 and normally this request will be accepted by the Disciplinary Authority. During perusal take notes from the evidences to include the same in your representation against the allegation. If the Disciplinary Authority is relying on the statements of other persons , request for an oral inquiry under Rule 16 (1)(b) of CCS (CCA) rules, 1965 and the Disciplinary Authority will reject the request stating that he does not consider an inquiry necessary in the case as he is vested with discretionary powers. Though the request is refused, this action on the part of the Government servant will help him when he approaches the CAT for redressal. Whenever a memo of charge is received, it is always advisable to consult a knowledgeable person before submitting a reply. In all cases, the recovery is unavoidable, as the Disciplinary Authority has already made up its mind to impose the recovery. But submission of a proper representation against the allegation will be helpful when the Government servant approaches the CAT for remedy. If you are convinced that the recovery is unjust, it is better to take the help of a knowledgeable person in preparing your representation to the memo of charge or your appeal as these two will be the deciding factor in the Court of Law.


                                                                        // 15 //

8. TYPES OF CASES UNDER THIS RULE
a) Savings Bank frauds at Branch Post Office or Sub Post Office:
The HO SB Ledger Assistant and APM (SB) are the victims. Non-verification of signature between the SB3 and SB7, non-checking of BAT or DLT or non-furnishing of necessary certificates in the proper format and non-detection of any alteration or correction made in the SB7 and not calling for the Pass Book for entry of Interest from the SO are some of the points on which the allegation is based.

b) Savings Certificates frauds at Sub Post Office:
The HO SB Ledger Assistant and APM (SB) are usually charged with non-maintenance or improper maintenance of the HO Stock Register for Certificates supplied to the SOs. Failure to check whether the certificates were properly signed or payment to messenger made on proper authorisation are some of the points of allegation.

c) Transit of Cash between SO and HO:

The Mail Bag containing cash and valuables is sent from HO to SO through Bus and there is always likelihood of loss of the bag or pilfering of the bag during transit. In such cases the case is reported to Police and the loss of money recovered from the SPM or Treasurer of SO/HO under some pretext that the weight of the bag & seal was not checked or the bag was not opened before the SPM etc.

d)    Excess payments or Minus Balance in SB Accounts:
The improper maintenance of list of clearance of cheques and non-verification of balance in the Account before allowing the cheque for payment results in Excess payments or Minus Balance in SB Accounts.

e)     Withdrawal of cash by the SPM from the Bank and non-accounting of the same:

The PA and the APM of the Accounts Branch at HO entrusted with the work of scroll maintenance charged with the allegation that they failed to watch the serial No. of the cheque and non-tallying the scroll received from the bank every month.
f)      Theft/Burglary in Post Offices

The SPM/Treasurer will be the victims. The basis for allegation will be non-occupation of quarters provided or non-checking of locking arrangement on the doors of the PO or the Cash Chest etc. There is a Rule that says that the SPM provided with quarters should sleep in the Office as if he is a security guard of the PO. This is the most ridiculous rule as the SPM is also a normal human being and has his own domestic obligations to his family. I defended a case of burglary recently in which the investigating officer obtained contradictory statement from the SPM to implicate the Treasurer in Police Station and force him to credit the entire loss. The SPM thought that he was clever. But what happened was the SPM was proceeded on the verge of retirement and he was forced to credit half of the loss before his date of retirement. It came to light during another burglary in the same PO, the duplicate keys of the Cash Chest that are ought to be in the custody of the SSPOs was used during the burglaries. It is evident from the above fact that somebody in the Divisional Office colluded with the criminal element and burgled the PO. Neither the then SSPOs or ASPOs or the PA responsible for safe keeping of the duplicate keys were touched and the SPM and Treasurer have been made scapegoats for the burglary.
                                                                        // 16 //
g)    Compensation ordered by Consumer Courts:

The Consumer Courts do not accept the rules made by the Government of India and in all cases order compensation to the Public for deficiency of service. Normally this amount should be bourn by the department. But in our department, the amount of compensation ordered is recovered from the officials who have processed the transaction as per rules even though there is no willful deficiency on their part. I heard a rumor that in a PLI claim case the court ordered compensation and the amount has to be recovered from the DPS/APMG and the amount was drawn from Welfare Fund and paid to the complainant. If this can be done for a highly paid officer, what harm in paying the compensation from Welfare Fund in case of low paid officials who were not actually at fault and who is also a member of the fund.

9. Here are some of the Judgements:
RECOVERY

1. (A) Post Office Savings bank manual Volume-I- Rule 9(1), 31(2)(iii), 48(ii), 92(2) and 120(6)-Recovery-Charge of failure to detect the on going fraud at the relevant time by other staff members which resulted in pecuniary loss to Govt. - None of the applicants was charged with misappropriating any amount nor it was alleged that their integrity was doubtful-Even no detailed enquiry was held-Order of recovery of loss along with interest quashed.

(B) Central Civil Services (Classification, Control and Appeal) Rules, 1965 -Rule 11(3)--Recovery-Unless the persons concerned is directly responsible for misappropriating any amount or for causing any pecuniary loss to the Govt.-- No recovery can be made from him.
(Smt. Kalpana Shinde and others v Union of India - OA Nos. 344/2003, 353/03, 354/03, 355/03 & 357/03-decided on 22.11.2004- CAT, Jabalpur Bench (Circuit at Gwalior) -ATJ 2005(1)-45)

2. R.Balakrishnan v Union of India & others - OA 1496 of 1992 decided on 02.12.93 - CAT, Madras Bench - 166 Swamy's Case Law Digest 1994 I.
"Unless and until the quantum of the pecuniary loss caused by negligence is properly assessed and quantified, there can be no punishment of recovery from pay".

EPILOGUE

Till the year 1985, the Appellate Authorities have sympathetically considered the appeal petitions and used to reduce the amount of recovery considerably. I had the satisfaction of some of the punishment of recoveries set aside by Member (P) while deciding the Revision Petition. The power of revision is now transferred to Chief PMGs and all the Revision Petitions are being rejected now without any mercy as the Disciplinary Authority and Appellate Authority have direct access to the Revising Authority to exert their influence to uphold their decisions. An official can be punished for his fault but he should not be made to suffer for the misconduct of another person. It should be the Endeavour of all Trade Unions to bring in necessary changes to this unscrupulous and inhuman imposition of punishment upon the Government servants who are not directly responsible for the loss. I want to enlighten this aspect of the Disciplinary Proceedings to all the Government servants and errors, if any, is my sole responsibility. I will be happy to receive your valuable comments (whether negative or positive) and suggestions for improvement of this thesis. 



                                                                        // 17 //
10.CIRCLE NEWS:-                                                   

1)    Union meetings with administration :
     The monthly/bi-monthly/four monthly meetings are being held with appropriate authorities by the union office bearers and the problems of various levels are being solved. The un-solved problems brought to my notice are being taken up with the concern Divisional heads for their salvation. All the SBCO staff of our union is once again requested to attend the monthly meetings with Divisional Heads and bring the problems which is unsettle to Circle Secretary for the settlement.

     The four monthly meeting with the C.P.M.G is going to be held in the month of OCTOBER’2013 ( Date not yet given ). The following items are taken up in the meeting

1.     A) Settlement of SB/SBCO objections : - pressure on the SBCO staff  by the Divisional Heads.

      As per rule 13(1) of the control procedure, the objections raised by SB/SBCO branches should communicate to Sub offices by SB BRANCH only. And wanting documents to be obtain and made available to SBCO for their settlement.
     But the most of the Divisional Heads are asking to the In charges of SBCO for their communication and settlement, instead of staff of SB BRANCH which is irregular. The SBCO staff is facing much difficult.

              In this regard intervention of the C.P.M.G is required.

B) Reconciliation of Minus Balances : - All most of  all the H.Os are in operation of Sanchaya Post package and the data is being fed by SB staff. As and then the minus balance arise in the account, the ledger clerk should call for the P.B/Ledger entries and reconcile the minus balance immediately with co-operation of SBCO staff.

     But the divisional heads are pressing the SBCO staff for their reconciliation instead of SB staff. The SBCO will give full co-operation in both the settlement of objections and minus balances. But they were not made responsible for obtaining the wanting document.

     All the SBCO staff is feeling much difficult with the situation. Action is requested.






                                                                        // 18 //                         
2.     Granting of financial Up gradation under MACP-3 to SBCO staff–
     It was noticed threw the circle office memo dated    issued in c/w approved of MACP-3 to SBCO staff, Some of the eligible officials were not granted MACP-3 for the reasons are not known. The names of the officials brought to the notice of the this Union are furnished below
1)      Sri. T. Chandraiah, Sreekakulam Division, Visakhapatnam Region,
2)      Sri. M. Jagadeswarao, Visakhapatnam Division, Visakhapatnam Region.
3)      Sri. B. Chandrasekhar, Anantapur Division, Kurnool Region,
4)      Sri. K.S.L.N. Murthy, Kadapa Division, Kurnool Region,

                              Action is requested for granting MACP-3 to all the eligible officials.

    2) Copy of letters addressed to C.P.M.G by the union :  
     1) The C.P.M.G has been addressed for consideration requests of SBCO officials for Inter Regional Transfers due to this only. Willingness letters from the SBCO staff who applied for I.R.T have been called for by CPMG afresh. The list also submitted.  
(Lr  no 2 /      AISBCEU / HDP / 13-14  dated at Hindupur   the  06.09.2013)

2)    The CPMG has been addressed by the C.S. regarding transfer of Sri. K. MOHANKUMAR, PA SBCO, WANAPARTHY HO & Asst. Circle Secretary-1 to Hyderabad city Region.
 ( Lr  no       AISBCEU / HDP / 13-14  dated at Hindupur   the  24.07.2013)

3)      Delay  in issuance of orders on MACP promotions to some SBCO staff :

           This Union write letter to the C.P.M.G  & those who were not received MACP promotion      and the problem is present in four monthly meeting which held on October’2013

. 3) Miryalaguda Division S.P.Os implement the rule 16 to PASBCO, Miryalaguda H.O :

     It is highly sad event. We have to oppose such type of issues. Because every officer knows well about,  NREGS & I.H.S schemes work position and about SBCO work load. In r/o NREGS & I.H.S there is no postings nor not at all doing any thing regarding above said schemes. And every body knows well the different schemes are introduced in middle just like MIS. But work should done by the present staff with out providing any additional staff.  The statement purpose with out doing any thing by the SB Branch, The consolidation is prepared with help of summary and submitted to the SBCO branch. In this circumstances how can it possible to check as per rule procedure.  
  
     The rule 16 is framed to PASBCO as he failed to insist the submission of consolidations of NREGS and SSP payments from SB Branch and to verify the correctness the payments with HO cash book with reference to LOTs with vouchers as required in para3(ii) & of Postal Manual of SB Control procedure

       Our Union may taken up this issue.
                                                                        // 19 //

15.RETIREMENTS:
          1) Shri. P. Subramanya Sarma, BCR PA SBCO, Tenali, Vijayawada Region   is  retired from service on superannuation on 31.08.2013. I on behalf of our Union wishing him for a “Happy & peaceful retired life”.

16.WEDDING: Mr.PhaneendraKumar, PA SBCO, Kothagudem HO , Vijayawada Region , is  wedded  Chi. Sou. JYOTHI     on 01.09.13. Our Union wishes the couples  a “HAPPY AND PROSPEROUS MARRIED LIFE”.

18. APPEAL :  
1) I hope you might have been received the payment of DA arrears from July’2013 and Bonus for the year 2012-13. I appeal all the members to donate liberally (minimum Rs.300/-) to strengthen the financial position of our union. Just like UNION subscription the donations may please be sent to Sri. M. BASAVALINGAIAH, Circle Treasurer, BCRPASBCO, NANDYAL H.O, KURNOOL (DT) . PIN 518501
 2) All the members are requested to see that their subscription is correctly recovered and remitted to the Treasurer. All the Regional Representatives are also requested to look into the matter personally and do the needful.
  
                          WISH YOU HAPPY VIJAYADASAMI            

                          WE ARE ONE – OUR UNION IS ONE

                                 AISBCEU - ZINDABAD

                       With regards,



                                                           
                                                                Yours fraternally,

                                                           

       ( N. SREENIVASULU )















































                                              BOOK POST

Posted under P & T Guide,
PART- I Clause -114 (7)
                                                                                                                                                                                                     The Incharge & Staff 

                                                                                                        SBCO 
                             

                                                                                                                                 H.P.O

N. SREENIVASULU, 
Circle Secretary,  
AISBCE Union, ,A.P.Circle 
I.C SBCO,
HINDUPUR H.O   515201 

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