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 )
//
2 //
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, SBCO
– First 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.
- 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.”
- 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.
- 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.
- 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.
- 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
// 5 //
- 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.
- 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.)
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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