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An ordinary meeting of the Board will be held in the Conference Room of the Cantonment Board on April 30th, 2014 at 11:30 A.M. You are, therefore, requested to make it convenient to attend the same.

Dated : April 26th, 2014. Chief Executive Officer,

(Pramod Kumar Singh) Ranikhet.

MEMBERS

1. Brig. K.A. Mahabir - President

2. Shri Mohan Negi - Vice President

3. Shri Pramod Kumar Singh - Secretary Member

4. Shri Prakash Chandra, ADM - Magistrate Member

5. Shri Hem Chaudhary - Elected Member

6. Shri. Bhuwan Chandra Arya - Elected Member

7. Smt. Anju Pandey - Elected Member

8. Shri Umesh Chandra Pathak - Elected Member

9. Shri Sanjay Pant - Chairman, Finance Committee.

10. Smt. Kamla Khetwal - Elected Member

11. Col Gopal Sharan Sharma - Nominated Member

12. Col A.K. Thakur - Nominated Member

13. Col G.B. Padhiary - Ex-Officio Member

14. Shri N.S. Raju, GE, MES - Ex. Officio Member

A G E N D A

1. CONFIRMATION OF RESOLUTIONS PASSED BY CIRCULATION

To confirm the resolutions passed by circulation are as under:

Dated March 29th, 2014 regarding Re-appropriation of budget estimate under head 21(b) minor to minor head for the year 2013-14.

Dated March 29th, 2014 regarding permission for executing of repair work through Block Development Officer, Tarikhet (Almora) under natural calamity in Cantt area and repair of culvert near Rani Jheel.

2. PERMISSION FOR EXECUTING OF REPAIR OF DAMAGED NALLAH NEAR JAMA MASZID BY ADDITIONAL CHIEF EXECUTIVE OFFICER, DISTRICT PANCHAYAT ALMORA UNDER NATURAL CALAMITY, 2013 IN CANTT AREA NEAR JAMA MASZID

To consider the letter No. 1732, dated 29-03-2014 received from Apar Mukhya Adhikari, Zila Panchayat, Almora is requesting to this office to issue NOC for execution of repair work along with DPR worth of Rs. 50.00 Lakh, Order dated April 09th, 2014 issued from SDM, Ranikhet and letter No. 212 ¼fo0½@2013&14&ejEer&vkink, dated April 22nd, 2014 received from SDM, Ranikhet.

OFFICE REPORT

It is submitted that due to heavy rain in the month of Jun, July & August 2013 in addition of various damage on various places, the under mentioned work are considered under natural calamity by competent authority fund allotted through competent authority under Devi Aapda Mad.

1. Repair of damaged Nallah near Jama Maszid.

In this connection Apar Mukhya Adhikari, Zila Panchayat, Almora has requested to this office vide their letter quoted under reference to issue NOC to execute the above mentioned work within the Cantonment limit, so that the work could be completed in public interest.

In this regard this office circulated the matter through circular agenda vide this office letter No. 116/Repair of Damaged Nalah, dated April 03 rd, 2014 but due to some circumstances, it could not be approved.

Hence the Board may consider the matter to grant permission for the above mentioned work Apar Mukhya Adhikari, Zila Panchayat, Almora.

Relevant file is placed on the table.

3. HOLDING OF LOCAL JCM MEETING

Reference PDDE, CC, Lucknow letter No. 55581/JCM/2012/LC6, dated 23-04-2012 and Cantonment Board resolution No. 26, dated March 20th, 2014.

OFFICE REPORT

It is bring to the notice of the Board that Cantt Board Ranikhet is unable to hold the local JCM meeting with the Local Union. In this connection it is stated that two unions are working in Cantt Board which are not recognized at Board level. The status of above unions is as under:-

Name of the union

Recognized at Labour Commissioner Office, Haldwani

Recognized at Board level

Whether affiliated with All India Cantt Board Federation.

Cantt Safai Karmchari and Chaturth Shreni Karmchari Union, Ranikhet

Not registered

Not recognized

Yes

Kumaon Mandal Cantt Board Chaturth Shreni Karmchari Ekta Parishad, Ranikhet

Registered

Not recognized

No.

In this connection as per proceedings of Command Level JCM meeting dated June 21st, 2012, the JCM Meeting could be done with only that union which is affiliated with All India Cantt Board Federation. In the above condition this office is unable to hold a Local JCM Meeting neither with Cantt Safai Karmchari and Chaturth Shreni Karmchari Union, Ranikhet due to non registered/recognized at labour commissioner office nor Kumaon Mandal Cantt Board Chaturth Shreni Karmchari Ekta Parishad, Ranikhet due to non affiliation with All India Cantt Board Federation. However this office is conducting a meeting for grievance redressed (Samasya Samadhan Baithak) with both unions instead of “Local JCM Meeting”.

The matter is being put up before the Board for taking appropriate decision in this regard.

Relevant file is placed on the table.

4. PROGRESS REPORT ON REMOVAL OF MANUAL SCAVENGING AND INSANITARY LATRINES

Reference the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 and Cantonment Board resolution No. 31, dated 20-03-2014.

To consider the matter Dte, DE, Central Command, Lucknow letter No. 54790/MS/Cantt/35, dated Feb 18th 2014.

OFFICE REPORT

It is state that as per PDDE, Lucknow letter quoted above the action taken by the board as per “ The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013” will be monitored by the Board I its monthly meeting.

As per report of Sanitary Inspector, dated April 24th, 2014, 15 insanitary latrines and zero manual scavengers were found after survey.

Final notice No. 177/v0”kkS0@14] dated April 01st, 2014 issued to all 15 insanitary latrines users of 21 days to demolish or convert their insanitary latrines into sanitary latrines. In response of the notice, some users of Insanitary Latrines are requested to this office to provide some more time to convert their Insanitary Latrines into Sanitary Latrines.

It is pertinent to mention here that as per under section 4(1)(b) of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, the local authority may for sufficient reasons to be recorded in writing extend the said period not exceeding three months.

Hence the matter is being put up before the Board for monitoring and appropriate decision.

Relevant file alongwith report of Sanitary Inspection, dated April 24th, 2014 is placed on the table.

5. MINUTES OF SCHOOL MANAGEMENT COMMITTEE

To consider the following minutes of School Management Committee meeting:-

1. Cantonment Inter College, - March & April, 2014

Sadar Bazar, Ranikhet.

Officiating Principal, Cantonment Inter College, Sadar Bazar, Ranikhet has informed to this office telephonically, due to death of his father SMC for the month of Feb, 2014 could not be conducted.

2. Cantonment Primary School, - Feb, March and April, 2014

Sadar Bazar, Ranikhet.

3. Cantonment Junior High School, - March & April, 2014

Chaubattia.

4. Cantonment Primary School, - March & April, 2014

Chaubattia.

5. Cantonment Primary School, - Feb & March, 2014

Kumpur, Ranikhet.

6. Cantonment Primary School, - Feb & March, 2014.

Mall Road, Ranikhet.

The demands of the SMC’s of Cantonment Schools are as under:-

Cantonment Junior High School, Chaubattia

  1. To construct a water tank for existing latrine.
  2. To conduce a medical camp for students of Cantonment School through Cantonment Board Dispensary.
  3. To construct boundary wall of Cantonment School so that wide plantation could be done.
  4. To white wash of class rooms of Cantonment School.

Cantonment Primary School, Chaubattia

  1. Renovation of smart class such as repair of walls, white wash, Education paintings at walls, curtness, matting, of Cantonment School.
  2. Whitewash of total premises of Cantonment as well as roof painting.
  3. Installation of swings in School premises.
  4. Providing of some more toys of Balwadi/Pre-Primary.
  5. Fencing of school premises through Angle Iron.
  6. Laying of water pipeline from water tank to toilet.

Cantonment Primary School, Kumpur

  1. Purchase of stationary, computer & T.V. cover, question papers and other stationary items through Imprest Money.
  2. Grant approval for starting of one new class regarding Balwadi/Pre-Primary.
  3. Modification of classes to start SRAJNATMAK CLASSES.

Cantonment Primary School, Mall Road

1. To construction of new toilet in school premises.

The matter is being put up before the Board for noting and necessary order.

Relevant file is placed on the table.

6. TO START ENGLISH MEDIUM CLASSES IN ALL CANTONMENT SCHOOLS

Reference Cantonment Board resolution No. 17, dated March 20th, 2014 and note to PCB, dated April 22nd, 2014.

To consider the matter regarding introduction of English Medium Classes in all Cantonment Schools.

OFFICE REPORT

It is stated that as per direction/guidelines of DGDE, State Government norms and also to improe the education quality of Cantonment Board School’s, English Medium classes may be started in all Cantonment Board school.

Accordingly the matter was placed before the Board vide its above quoted resolution and the Board resolved that necessary correspondence may be made through State Government in this regard.

In pursuance of Cantonment Board resolution quoted above, this office has approached to Director, Basic Education, Uttarakhand, Dehradun vide this office letter No. 139/English Medium/14, dated March 15th, 2014 alongwith Performa provided by the State Government.

In this connection, BRC, Tarikhet has informed to this office telephonically that presently the book of English Medium is under printing, it will be provided after some time.

It is pertinent to mention here that to start timely English Medium Classes in Cantonment Primary School’s, Board can provided English Medium book on its own level.

In this connection this office put up a PCB Note, dated April 22nd, 2014 before PCB, Ranikhet to grant permission for purchase of NCERT books of Math & EVS (I to V class) with to suggestions (i) purchase of English Medium (NCERT) books only for Math and EVS (I to V) (due to non availability of State Government English Medium Books for two schools only as a pilot project and (ii) for all Primary Schools of Cantonment Board.

The same was approved by the PCB, Ranikhet on the same date i.e. April 22nd, 2014 for all Cantonment Primary Schools.

Required books for the purpose have already been purchased through LPC.

Hence the matter is being put up before the Board for noting.

Relevant file is placed on the table.

7. MAINTENANCE OF DEVI DHUNGA WATER SUPPLY SCHEME AND 125 KVA GEN SET

Reference Cantonment Board resolution No. 3(9), dated March 20th, 2014.

To reconsider the matter regarding maintenance of Devi Dhunga Water Supply Scheme and 125 KVA Gen Set.

OFFICE REPORT

It is stated that as per report of Work Supervisor dated Feb 02nd, 2014, the contract for maintenance of Devi Dhunga Water Supply Scheme and 125 KVA Gen set is going to be completed on March 31st, 2014 and it is also inform to you that the firm is being maintaining and operating the scheme successfully without any breakdown.

In the connection, this office asked to the contractor vide this office letter No. 246@Devi Dhunga Peyjal Yojna, dated Feb 05th, 2014 that if he is agree to do the same work on the previous terms and condition, give his willingness. Accordingly the contractor given his willingness to do same work on the previous terms and conditions.

Keeping in view of the above facts, the matter was placed before the Board vide its above quoted resolution and Board resolved that an agreement be made with the contractor for next Financial Year 2014-15 (w.e.f. April 01st, 2014 to March 31st, 2014) and the same was also noted and confirmed vide Cantonment Board resolution No. 3, dated March 20th, 2014.

Meanwhile, it comes to the notice that the annual expenditure of Rs. 5,04,000/- will be incurred (@ Rs. 42,000/- x 12 = 5,04,000/-) for the same work. As per rule, if the amount is above from Rs. 5,00,000/-, tenders should be invited.

Accordingly the matter regarding engagement of the contractor of the purpose a PCB note, dated March 29th, 2014 was put up before the PCB for grant permission to invite tender for next financial year.

Meanwhile due to enforcement of Code of Conduct for Lok Sahba, 2014, tenders could not be invited

The President Cantonment Board Ranikhet approved to engage same contractor on previous terms and conditions till then end of code of conduct for Lok Sabha, 2014 or completion of tendering process, whichever is earlier.

Hence the matter is being put up before the Board for noting and inviting afresh tenders for the purpose.

Relevant file is placed on the table.

8. DRAFT APPROVAL OF APPLICATION FORM OF MUTATION, APPLICATION FORM OF SALE PERMISSION, APPLICATION FORM OF WATER CONNECTION FOR SUPPLY OF WATER FOR DOMESTIC/NON-DOMESTIC/COMMERCIAL PURPOSE (FRESH CONNECTION AND SHIFTING OF WATER CONNECTION FORM) AND SANCTION OF BUILDING APPLICATION FORM

To consider the matter regarding approval of draft application form of mutation, application form of sale permission, application form of water connection for supply of water for domestic/non-domestic/commercial purpose (fresh connection and shifting of water connection form) and sanction of building application form.

OFFICE REPORT

It is stated that at present the information of individual/work mentioned in concerned form is not sufficient. Hence the above forms are need to be required some amendments. Accordingly this office has prepared a draft copy of the above forms.

These draft copies of various forms are being put up before the Board for necessary corrections and approval.

Relevant file is placed on the table.

9. PROPOSALS FOR SANCTION OF GRANT UNDER THE DE BUDGET HEAD “GRANTS FOR CREATION OF CAPITAL ASSETS” REVENUE HEAD 2052.00.092.03.01.35.:2014-15.

It is submitted that time to time our higher authority issued so many instructions on forwarding of proposal for grant-in-aid for projects/original works/creation of capital assets, as per instruction the priority shall be given to the work in the following order:-

(i) Underground sewage schemes including STP;

(ii) Water supply schemes;

(iii) Solid waste management;

(iv) Public Education;

(v) Public health including medical facilities;

(vi) Any other project related to development of infrastructure.

In this connection copy of DGDE letter No. 9/63/Grant-Capital Assets/C/DE/2012, dated 25th April, 2012, even No. dated 31st May, 2013, No. 9/63/Policy. Spl Grant/C/DE/2010-11, dated 06th May, 2011 & PDDE letter No. 43376/GEN/LC5(P), dated 27th March, 2014 are placed on the table for perusal please.

The same is put up before the board for noting so that preparation of D.P.R and proposal could be sent accordingly.

10. SUPPLY OF MEDICINES, PATHOLOGY LAB CHEMICALS/REAGENTS AND OTHER ITESM FOR, CANTONMENT DISPENSARY FOR THE YEAR 2014-15

To consider the matter regarding supply of Medicines & Pathology lab Chemicals/Reagents and others items for Cantonment Dispensary for the year 2014-15.

OFFICE REPORT

After taking clearance from returning officer limited tender/quotations were invited for the supply of medicines, path lab chemicals/reagents and others items for Cantonment Dispensary for the year 2014-15 vide this office letter No. 191/Nivida/14-15, dated 14 March, 2014. Only three tenders could be received by this office in stipulated period and opened on 29th March 2014 before the three members of Local Purchase Committee. Among which the lowest rates i.e. 22% less then M.R.P. for medicines & others items and 12% less then M.R.P. for Path Lab items have been quoted by M/S Rajeev Pharma, Main Bazar, Ranikhet. The lowest rates have been shown by red ink in the comparative statement. The approximate cost of the required medicines and Path Lab items for the year 2014-15 would be Rs. 3 Laks only, which will be reflected in the revised budget estimate for the year 2014-15.

The board may consider and approve the L1 supplier.

Relevant file alongwith the comparative statement is placed on the table.

11. MATTER REGARDING REPRESENTATION OF SHRI RAJENDRA PRASAD BHARTI FOR PERMANENT APPOINTMENT UNDER THE THIS BOARD.

It is submitted that Mr Rajendra Prasad Bharti was engaged by this office for the post of water linemen (purely temporary) on monthly basis. After few days he was again engaged for 89 days on purely on temporary basis. Thereafter he continuously corresponding and stating to this office that he had worked as temporary water linemen exceeding 90 days under this Board. Hence Mr Rajendra Prasad Bharti is requesting that he may be appointed as permanent water lineman. He initiated so many correspondences to the board through higher authorities, personally as well as political leaders and through RTI for permanent employment under this Board. In this regard this office has sent a letter to Principal Director, DE,HQCC,Lucknow for obtaining necessary guidance for further proceed in this matter and a reminder has also sent on 17.4.2014. Accordingly this office has also intimated to Mr Rajendra Prasad Bharti further course of action. But Mr Rajendra Prasad Bharti is still requesting/corresponding to this office repeatedly about permanent employment under this Board.

The matter is placed before the board for discussion.

Relevant file is placed on the table.

12. MATTER REGARDING TRANSFER OF SHRI PARVINDAR KUMAR, SAFAIWALA, CANTT BOARD RANIKHET.

Reference application of Shri Parvindar Kumar, Safaiwala, Cantt Board, Ranikhet dated 04-04-2014.

To consider the matter regarding transfer of Shri Parvindar Kumar, Safaiwala, Cantt Board Ranikhet to Cantonment Board, Meerut or DGDE Office, New Delhi in the post of Safaiwala.

OFFICE REPORT

It is submitted that Shri Parvinda Kumar, Safaiwala, Cantt Board, Ranikhet is requesting to this office regarding transfer/attachment from this Cantt Board to Cantonment Board, Meerut or DGDE Office, New Delhi in the post of Safaiwala due to illness of his daughter, as his daughter is suffering from Brain disease and her treatment is going on at Delhi hospitals. In this connection he has also requested earlier on dated 03-04-2013 for transfer/attachment from Ranikhet Cantt to another Cantt Board which is located nearby Delhi, like Meerut & Delhi Cantt or DGDE Office.

In this connection this is bring to the notice of the Board that the power of transferring Group ‘C’ and Group ‘D’ employee shall be exercise by the Director, D.E. of the Commands, within their jurisdiction, subject to the following conditions:-

“Group ‘D’ employees should not normally be transferred from one station to another except in very special circumstances, like adjustment of surpluses and deficiencies, promotion, exigencies of service or as an administrative requirement. Mutual transfers will also be allowed”.

Keeping in view the above facts the Board may consider the matter accordingly.

Relevant applications of the applicant are placed on the table.

13. PAYMENT OF OVER TIME TO ESSENTIAL STAFF

Reference C.B.R. No. (1)14, dated 19-01-2009 and Officer Order No. 1200, dated 24-01-2009.

OFFICE REPORT

This is bring to the notice of the board that Cantt Board vide its resolution No. 1(14), dated 19-01-2009 had passed the overtime allowance for all 14 national/festival holidays to only 30 employees on rotation basis. As per proceeding of Command level J.C.M. meeting held on 21-06-2012 wherein it is mentioned that the overtime allowance is being paid only on 3 national holidays viz January 26th, August 15th and October 2 nd after implementation of 6th pay commission. As regards payment of overtime allowance for remaining 11 gazetted holidays the matter would be taken up with PCDA for resolving the issue, but till date no order is received regarding overtime allowance from higher authority for above 11 gazetted holiday.

It is pertinent to mention here that Cantt Board, Ranikhet is paying overtime allowance for all 14 national/festival holidays to only 30 employees on the basis of C.B.R. No. 1(14), dated 19-01-2009.

In this connection Board may sanction the overtime allowance to the sanitation staff as per proceeding of Command level J.C.M. meeting held on 21-06-2012.

14. ENGAGEMENT OF ONE REP OF D.E.O. BAREILLY AT RANIKHET.

OFFICE REPORT

It is bring to the notice of the Board that Cantt Board, Ranikhet is maintaining 4016.296 Acres of land scattered in several pockets, which is held under the management of Defence Estate Officer, Bareilly. For this purpose the field staff of Cantt Board, Ranikhet is utilized to keep in watch the area to prevent (situated outside civil area) from unauthorized construction, encroachment and unauthorized cutting of trees and other offences. Further the office staff of this Board is also utilized for Clerical work of DEO, Bareilly.

In this connection this is bring to the notice of the Board that the technical/office staff is insufficient for the above work, as permanent J.E. is not in existence and Forest Ranger has been retired from service and other important posts are also lying vacant. Therefore it is requested that a rep of D.E.O. Bareilly can be engaged on temporary basis for above mentioned work so that the maintenance of D.E.O. land and other related work be done smoothly.

The board may consider the matter accordingly.

Relevant file is placed before the board.

15. ENGAGEMENT OF TEMPORARY DRIVER FOR AMBULANCE

Reference C.B.R. No 07, dated 12th December, 2013 and PDDE letter No. 4688/Hosp & Med Services/Cantt/77, dated Nov 09th, 2012.

To consider the matter regarding engagement of one driver on purely temporary basis for ambulance.

OFFICE REPORT

It is submitted that as per guidelines of higher authorities to achieve at least level 1 minimum health facility in Cantt. Dispensary, Ranikhet, the Cantt Board, Ranikhet is going to be purchase an ambulance in the financial year 2014-15 from its own fund. In this connection one driver on purely temporary basis for ambulance may be engaged. Hence board may permit to appoint a driver through outsourcing agency for above ambulance.

16. PAYMENT OF DEARNESS ALLOWANCE TO CANTT. BOARD EMPLOYEES

Reference : Uttarakhand G.O. No. 104/xxvii(7)02/2013, dated 25-03-2014.

OFFICE REPORT

This is to bring to the notice of the Board that the Uttarakhand Govt. has revised the dearness allowance from 90% to 100% w.e.f. 01-01-2014 of state govt. employees vide their G.O. No. 104/xxvii(7)02/2013, dated 25-03-2014. Hence the enhanced D.A. @10% w.e.f. Jan 01st, 2014 be revised to the Cantt. Fund employees as per Uttarakhand State Govt. order.

The Board may consider the matter accordingly.

Relevant G.O. is placed on the table.

17. REVISED GUIDELINE TO CANTT BOARD FOR PROCUREMENT OF STORES & SERVICES

Reference PDDE letter No. 4692/LC5(P)/20, dated 01st April, 2005 and letter No. 4692/LC5(P)/21, dated 25th April, 2005.

OFFICE REPORT

This is bring to the notice of the board that the higher authority has issued certain instructions regarding procurement of stores & services wherein the authority directed that the G.F.R. 2005 should be adhered strictly by Cantt Board. Hence the above quoted letter regarding guidelines/instruction is place on the table for noting.

18. MUTATION OF PROPERTY COMPRISING G.L.R. SY. NO. 99/206 BY WAY OF INHERITANCE

Reference C.B.R. No. 2(11), dated 20-03-2014.

OFFICE REPORT

It is submitted that as per above Board resolution, this office had invited objection vide letter No. 261/Da.Kha./Sy. No. 99/206/14, dated 10th March, 2014 in Dainik Jagran and Amar Ujala daily news papers published on 11th March, 2014 regarding mutation of property comprising G.L.R. Sy.No.99/206 in the name of Shri Niket Joshi s/o Shri Bhairab Datt Joshi in place of Shri Bhairab Datt Joshi s/o Shri Khushal Datt Joshi. As per report of record keeper, no objection has been received to this office within stipulated time and all the formalities has been completed by Shri Niket Joshi. Hence the matter is being put up before the Board to accord the sanction for entering the name of Shri Niket Joshi in place of Shri Bhairab Datt Joshi in the GLR.

Relevant papers and other documents are placed on the table.

19. INQUIRYT REPORT DATE 24-12-2013 IN RESPECT OF SHRI D. S. BISHT, JUNIOR ENGINEER (SUSPENDED): CANTT BOARD RANIKHET FOR TAKING APPROPRIATE DECISION

Ref:- C.B.R. No. 10,dated 4.2.1988, C.B.R. No. 16, dated 14th May, 2009 and C.B.R. No. 57, dated 20th March, 2014.

OFFICE REPORT

This is bring to the notice of the Board that Shri D.S. Bisht was appointed under this Board as Junior Engineer in the year 1980. As per service book of Shri D.S. Bisht was penalized two times since back by giving major penalty i.e. dismissal from service on Feb 10th, 1988 & May 14 th, 2009. First time Shri D. S. Bisht was penalized on the basis of grant of illegal private water connection. Thereafter Shri D.S. Bisht had filed an appeal before GOC-in-Chief, Appellate Authority and the authority had re-instated Shri D. S. Bisht in his post w.e.f. 1st Nov. 1988 vide HQCC letter No. 48614/LC6, dated 17th Nov. 1988 in the initial pay scale of Rs. 515-860 and second time he was penalized on the basis of under mentioned charges:-

a) Willful neglect to notify, monitor and stop unauthorized construction.

b) Giving 85 water connections without sanction from the competent authority, non completion of documents in respect of 77 water connection and non documentation of 13 water connection with malafide intention.

c) Willful and deliberate delay in endorsing technical report on mutation cases with malicious intention and ulterior motive.

d) Neglect of duty and inability to produce contract’s bills within stipulated time without any justification. Already awarded punishment of reduction to lower scale of pay for one year.

e) Encroachment on Cantonment land of 6 sqft allotment subsequently cancelled.

f) Gross negligence and dereliction of duty by non maintenance immovable property register Vol. No. 6.

g) Unbecoming conduct by violating standing orders of the office of non parking the personal vehicle in the office/guest house premises for 3 days.

In pursuance of dismissal order, Shri D.S. Bisht had filed an appeal before GOC-in-Chief, Appellate Authority. In this connection the GOC-in-Chief has passed an order No. PC-9825/D.S.Bisht/Q3L, dated Sept 12th, 2012 that

“1. The captioned appeal has been considered alongiwth the relevant records. Following infirmities have come to light :

(a) The charge sheet dated March 02nd, 2009 based on which the instant inquiry was held against the Appellant was not approved by his appointing authority i.e. the Cantonment Board, Ranikhet which is in violation of Rule 11/A of CFSR, 1937 read with Rule 7 thereof.

(b) During the inquiry, the Appellant, in violation of Rules 12(8), 12(14) and 12-C of the CFSR, 1937 was denied a Defence Assistant of his choice, due opportunity to cross examine the witnesses and to submit the points in his defence against the Inquiry report, respectively. Further, without any justification, only three witnesses out of the 11 witnesses sighted initially on commencement of inquiry, were examined.

2. The infirmities being a violation of the Rules render the impugned charge sheet, Inquiry Proceedings and the dismissal order legally unsustainable. I therefore, set aside the same.

3. Consequently, the Appellant will be reinstated in service notionally form the date of his dismissal and will simultaneously be restored to the status of ‘Junior Engineer under suspension’ based on suspension order dated Feb 28th, 2009, issued by Cantonment Board, Ranikhet. He would not be entitled to any backwages.

4. The Cantonment Board, Ranikhet will frame/approve the charges afresh, institute denovo statutory inquiry with an impartial inquiry officer having no connections with the case and take appropriate decision against the Appellant in accordance with relevant Laws/Rules expeditiously.”

As per order or GOC-in-Chief, Shri D.S. Bisht has reinstated in his service notionally from the date of dismissal dated May 14th, 2009 and he is simultaneously restored to the status of Junior Engineer under suspension based on suspension order letter No. 121/Suspension/ADM/09, dated Feb 28 th, 2009.

Accordingly afresh charge sheet were served to him duly approved by the Board vide Cantonment Board resolution No. 14, dated 9th Nov, 2012 and an inquiry committee was also constituted to inquiry into the charges framed against him vide Cantonment Board resolution No. 15, dated 09th Nov. 2012.

The inquiry officer has submitted their inquiry report with findings on 10 charges framed against Shri D.S. Bisht. Out of which 6 charges are proved.

In the meantime Shri D. S. Bisht has submitted an application, dated April 22nd, 2014 alongwith some documents regarding correspondence between HQCC, Lucknow to G.O.C.-in-Chief on his appeal wherein the PDDE has forwarded conclusively his comments that “ the penalty imposed by the Board is too harsh and against the natural justice. We are of the view that if there is any minor negligence on the part of appellant some minor penalty may be considered like stoppage of one or two increments or as deemed fit by the GOC-in-C. ” But GOC-in-C passed order for de-novo inquiry.

In view of the above facts, the Board may take decision as per rule 11(2) of CFSR, 1937 and penalty may be given as follows :

Note : The following penalties may, for good and for sufficient reasons, and hereinafter provided, be imposed by the appointing authority on a servant, namely:-

Minor Penalties-

(i) With holding of his promotion;

(ii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Board by negligence or breach of order;

(iii) Withholding of increment of pay.

Major penalties -

(iv) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(v) reduction to a lower time-scale or pay, grade, post or service which shall ordinarily be a bar to the promotion of the servant to the time scale or pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the servant was reduced and his seniority and pay on such restoration to that grade, post or service;

(vi) compulsory retirement;

(vii) removal from service which shall not be a disqualification for future employment under the Board in whose service he was at the time of such removal or any other Board.

(viii) dismissal from service which shall ordinarily be disqualification for future employment under the Board under whom he was employed at the time of dismissal or any other Board.

Relevant file alongwith charge sheet dated Nov 19th, 2012, reply of Shri D.S. Bisht, dated Dec 22nd, 2012, Inquiry proceedings and finding, dated Dec 24th, 2013 placed on the table for taking appropriate decision.

20. APPEAL OF SHRI GHANSHYAM TIWARI

Reference C.B.R. No. 41, dated 17-10-2013, C.B.R. No. 08, dated 12-12-2013 and C.B.R. No. 56, dated 20th March, 2014.

OFFICE REPORT

This is bring to the notice of the Board that Shri Ghayshyam Tiwari was appointed under this Board as a Mazdoor in the year 1984. As per service book he has been penalized two times with major penalties i.e. first time he had penalized vide office order No. 1925, dated Nov 20th, 2010 due to embezzlement, financial irregularity and dereliction of duty. For this purpose he had penalized with the two major penalties i.e. (1) recovery of Rs. 22,820/- and (2) withheld of one increment with cumulative effect in the year 2010.

Second time he had penalized for 11 charges which were proved during the inquiry. Accordingly the disciplinary authority taken a decision for penalty through speaking order No. 121/ADM/2013, dated April 27th, 2013 as under :

“WHEREAS an order placing Shri Ghanshyam Tiwari, Mazdoor, Cantonment board, Ranikhet under suspension was made by the Chief Executive Officer vide this office letter No. 121/ADM, dated Nov 16th, 2012.

The undersigned in exercise of the power conferred by the clause (c) of sub Rule 5 of Rule 10-a revokes the said order and as per report of inquiry committee, undersigned (disciplinary authority) has taken a decision to penalize Shri Ghanshyam Tiwari, Mazdoor, Cantonment Board, Ranikhet under Rule 11(2)(viii) of Cantonment Fund Servant Rule, 1937 with the punishment of dismissal from service which shall ordinarily be disqualification for future employment under the Board, under whom he was employed at the time of dismissal or any other Board, but keeping in view, he has a wife and children dependent upon him, minimum compassionate allowance is allowed to him.”

In pursuance of dismissal order Shri Ghayshyam Tiwari had submitted an appeal dated May 04th, 2013 before the President, Cantonment Board, Ranikhet, which was not a competent authority for hearing an appeal, against order passed by the disciplinary authority.

Simultaneously, he approached to Hon’ble High Court of Uttarakhand, Nainital by filing an appeal against the order passed by disciplinary authority, whereas Court have passed his judgement, dated July 30th, 2013 as under :

“Since there is an alternative remedy available to the petitioner to move an appeal before the Board under Rule 13 of Cantonment Fund Servant Rules, 1937, wirt petition is dismissed on the ground of alternative remedy.

Leaned counsel for the petitioner has said that meanwhile he has preferred the appeal under Rule 13 of the Act due to inadvertence; the appeal has been preferred before the Chairman of the Board. It is made clear that even if there is any technical objection as to the filing of the appeal, the petitioner will be at liberty to amend or file a suitable appeal before the Board, it is preferred by the petitioner, the order dated July 22 nd, 2013 by which the petitioner has been direction to leave the accommodation shall remain stayed.”

In accordance with the Hon’ble High Court of Uttarakhand, Nainital’s order, he has appealed before the Board through Chief Executive Officer, Cantonment Board, Ranikhet. Accordingly his appeal was put up before the board on 12-12-2013. In this connection the Cantt Board has passed a resolution No. 8, dated 12-12-2013 that “ the appeal submitted by Shri Ghanshyam Tiwari and reply of defendant/CEO has been presented and read out in meeting. After scrutinizing both the documents, PCB decided to reject the appeal filed by Shri Ghanshyam Tiwari straightway. At the meanwhile some elected members requested to the Chairman to give Shri Ghanshyam Tiwari a chance on humanitarian grounds to produce documents on his defence, if any, which he has mentioned in point 8 of his appeal. In discussion, Board admitted that at the time of his termination, he has already been given compensatory pension on humanitarian ground and Shri Ghanshyam Tiwari has already produced documents on his defence. However the request of elected members is accepted by the Chairperson and chance is given to Shri Ghanshyam Tiwari to produced necessary suitable documents in this case in the presence of PCBm Vice President and CEO (appointing authority). The date of production of the documents will be fixed by the Chairperson and be intimated to Shri Ghanshyam Tiwari. If Shri Ghanshyam Tiwari fails to produce any concrete, factual credit worthy documents related to his appeal, the appeal submitted by Shri Ghanshyam Tiwari shall be considered as devoid of any merit and shall be rejected”.

As per Board resolution Shri Ghanshyam Tiwari had approached the PCB on Feb 04th, 2014 alongwith documents. In the hearing, he has submitted 87 documents to prove the point No. 8 of his appeal dated May 04th, 2013.

Further, it has come to the notice of this office that a Writ regarding suspension of Shri Ghanshyam Tiwari is still pending for decision before Hon’ble High Court of Uttarakhand, Nainital. In this connection this office has sought a legal advice vide this office letter No. 121/vidhi salah/14, dated 23 rd April, 2014 from Junior Council at Hon’ble High Court of Uttarakhand, Nainital, which is still awaited.

In view of the above facts, if Board wants to take any decision in this case, the decision may be taken as per rule 11(2) and penalty may be given as follows. Keeping in view that Shri Ghanshyam Tiwari has been already penalized under rule 11(2)(viii) by the appointing authority:

Note:- The following penalties may, for good and for sufficient reasons, and hereinafter provided, be imposed by the appointing authority on a servant, namely:-

Minor Penalties –

(i) With holding of his promotion;

(ii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Board by negligence or breach of order;

(iii) Withholding of increment of pay.

Major penalties

(iv) reduction to a lower stage in the time scale of pay for a specified period with further directions as to whether or not the servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(v) reduction to a lower time-scale or pay, grade, post or service which shall ordinarily be a bar to the promotion of the servant to the time scale or pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the servant was reduced and his seniority and pay on such restoration to that grade, post or service;

(vi) compulsory retirement;

(vii) removal from service which shall not be a disqualification for future employment under the Board in whose service he was at the time of such removal or any other Board.

(viii) dismissal from service which shall ordinarily be disqualification for future employment under the Board under whom he was employed at the time of dismissal or any other Board.

Relevant file alongwith charge sheet dated Feb 13th, 2013, reply of Shri Ghanshyam Tiwari, dated Feb 20th, 2013, Inquiry proceedings and finding, dated March 22nd, 2013 and scrutiny report for 87 documents placed on the table for taking appropriate decision.

21. CONSTITUTION OF INQUIRY COMMITTEE AGAINST CHARGE SHEET DATED 28-11-2011 IN RESPECT OF SHRI G.R. ARYA, TOLL SUPDT.

Reference C.B.R. No. 13, dated 17-11-2011 and C.B.R. No 41 dated 20th March, 2014.

OFFICE REPORT

This is bring to the notice of the Board that as per order of Cantt Board vide its resolution No. 13, dated 17-11-2011 a charge sheet, dated 28-11-2011 was served to Shri G.R. Arya, Toll Supdt. The board vide its resolution mentioned above had also constituted an enquiry committee consisting four members to enquire the charges leveled upon him in the charge sheet dated 28-11-2011. In reply of charge sheet Shri G.R. Arya admitted some of charges leveled against him in his confession letter, dated 05-12-2011. Accordingly the Cantt Board has passed a resolution No. 41, dated 20-03-2014 to constitute an inquiry committee afresh to inquire the charges as the two members of earlier inquiry committee Shri D. K. Singh, G.E., M.E.S. and Col. K.M. Lal, SEMO, M.S. Ranikhet has been posted out. In this connection the matter is being put up before the Board for appointing an enquiry officer/authority to enquire the charges framed in charge sheet dated 28-11-2011 against Shri G.R. Arya under provision 12(2) of C.F.S.R., 1937. The enquiry may be conducted under section 12-A read with rule 12 of C.F.S.R. 1937 in support to article of charges framed against Shri G.R. Arya.

The Board may appoint an inquiry officer under rule 12(2) & a presenting officer under rule 12(5)(c) of C.F.S.R. 1937 by constituting an inquiry committee to investigate the charges under rule 12-A of C.F.S.R. 1937.

The matter is being put up before the Board for take appropriate decision.

In this connection the HQCC letter No. 51569/W.P. No. 1645 of 2012(S/S) LC6, dated 04th April, 2014 alongwith relevant file is placed on the table.

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NOTE : Some agenda points have been prepared, which will be put up before the Board as addendum with prior approval of PCB Sir

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