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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 : MAY 9th, 2014. Chief Executive Officer,

Copy of proceedings of ordinary meeting of the Cantonment Board Ranikhet held on May 09th, 2014 at 11:30 A.M. in the Conference Room of the Cantonment Board Ranikhet.

PRESENT

1. Brig. K.A. Mahabir - President

2. Shri Mohan Negi - Vice President

3. Shri Pramod Kumar Singh - Secretary Member

4. Shri Hem Chaudhary - Elected Member

5. Shri Bhuwan Chandra Arya - Elected Member

6. Smt. Anju Pandey - Elected Member

7. Shri Umesh Chandra Pathak - Elected Member

8. Shri Sanjay Pant - Chairman, Finance Committee

9. Smt. Kamla Khetwal - Elected Member

10. Col Gopal Sharan Sharma - Nominated Member

11. Col A.K. Thakur - Nominated Member

ABSENT

1. Col G.B. Padhiary, SEMO, M.H. - Ex-Officio Member

2. Shri Prakash Chandra, ADM - Magistrate Member

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

P R O C E E D I N G S

1. INQUIRY 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, C.B.R. No. 57, dated 20th March, 2014 and C.B.R. No. 19, dated 30-04-2014.

OFFICE REPORT

In pursuance of C.B.R. No. 19, dated 30-04-2014 a letter No. 121/ADM/14 ,dated 01st May, 2014 has been served to Shri D. S. Bisht for physical appearance on 09th May, 2014.

Hence the matter is being put up before the Board for deciding disciplinary punishment/quantum of punishment on the instant case of Shri D. S. Bisht.

RESOLUTION

1. Considered and Board discussed the agenda at length, CEO readout the agenda and Cantonment Board resolution No. 19, dated April 30th, 2014. Further Board unanimously decided to call Mr. Dalip Singh Bisht. On behalf of Board, President Cantonment Board told to Shri Dalip Singh Bisht that Board has unanimously found him guilty for negligence/misconduct. Further Board asked that whether Mr. Bisht is admitting his guilt or not or want to say anything in his defence. Shri Dalip Singh Bisht accepted that he is admitting his guilt without any pressure but his intention was bona-fide. Mr Bisht also readout a document, dated 22-04-2014 in his defence and requested for reinstate or any minor penalty but keeping in view the 6 charges proved partially/fully as mentioned in agenda side the Board unanimously resolved that Shri D.S. Bisht, Suspended Oversear/Junior Engineer be penalized by imposing major penalty under rule 11(2)(vi) of Cantt Fund Servant Rule 1937 i.e. Compulsory Retirement with immediate effect with 100% compensation pension and gratuity. The necessary payment should be made after vetting by the Local Audit Officer, Ranikhet.

2. APPEAL OF SHRI GHANSHYAM TIWARI

Reference C.B.R. No. 41, dated 17-10-2013, C.B.R. No. 08, dated 12-12-2013, C.B.R. No. 56, dated 20th March, 2014 and C.B.R. No. 20, dated 30-04-2014.

OFFICE REPORT

In pursuance of C.B.R. No. 20, dated 30-04-2014 a letter No. 121/ADM/14 ,dated 01st May, 2014 has been served to Shri Ghanshyam Tiwari for physical appearance on 09th May, 2014.

Hence the matter is being put up before the Board for deciding quantum of punishment on the instant case of Shri Ghanshyam Tiwari.

RESOLUTION

2. Considered and Board discussed the agenda at length, CEO readout the agenda and Cantonment Board resolution No. 20, dated April 30th, 2014. Further Board unanimously decided to call Mr. Ghanshyam Tiwari and the Board informed him that Board has unanimously found him guilty.

Further Board asked that whether he is admitting his guilt or not or want to say anything in his defence. Shri Ghanshyam Tiwari accepted his guilt without any pressure but he also stated that he is not satisfied with Inquiry Officer and Presenting Officer appointed by disciplinary authority, he has stated that the inquiry officer appointed in his case is biased against him. Further Board asked to Mr. Tiwari that Board have already given him an opportunity to submit documents in his defence but he has failed to produce concrete, factual credit worthy documents related to point No. 8 in his defence after giving several opportunities on humanitarian ground and natural justice.

On repeated request of Elected Members, President, Cantonment Board advised the Board that Board can take decision for compulsory retirement on humanitarian ground OR Board can continue the decision i.e. dismissal taken by disciplinary authority OR afresh inquiry may be conducted including with previous charges but after giving reasonable reason for conducting inquiry again. Further Secretary Member also advised the Board that Board has already found him guilty & Mr. Tiwari has also admitted his guilt so it will be better to decide the quantum of punishment and as far as allegations raised by Mr. Tiwari, that should be enquire separately.

Board again discussed the matter and finally resolved with majority that afresh inquiry be constituted against the appellant on the charges framed against him on the earlier charge sheet dated Feb 13th, 2013 For this purpose he may be reinstated in service notionally from date of his dismissal and he will be restored to the status of Mazdoor under suspension based on suspension order dated Nov 16th, 2012 issued by the competent authority. He would not be entitled to any back wages. The necessary payment should be made after vetting by the Local Audit Officer, Ranikhet.

3. 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, C.B.R. No 41 dated 20th March, 2014 and C.B.R. No. 21, dated 30-04-2014.

OFFICE REPORT

The matter is again put up before the board for constitution of inquiry committee against charge sheet dated 28-11-2011 in respect of Shri G.R. Arya, Toll Supdt. and appointment of Inquiry Officer and Presenting Officer under rule 12(2) & 12(5)(c) of Cantonment Fund Servant Rules, 1937.

The board may consider the matter accordingly.

RESOLUTION

3. Considered and Board gone through the agenda and resolved that afresh charge sheet be issued to Shri Gopal Ram Arya to inquire the charges leveled against him on the charge sheet dated 28-11-2011 and the said charge sheet may be got approved by the Board, being a disciplinary authority.

4. ALLOTMENT OF SUBSIDIARY SURVEY NUMBER AND PERMISSION FOR CHANGE OF PURPOSE IN RESPECT OF SURVEY NUMBER 99/94 (DRONAVIEW, RANINKHET CANTONMENT)

Ref:- CBR No. 2(1), dated 20th March, 2014.

Matter regarding allotment of subsidiary survey number and permission for change of purpose in respect of survey number 99/94 (Dronaview, Raninkhet Cantonment).

OFFICE REPORT

In pursuance of above C.B.R. this office has obtained legal opinion from its legal adviser for further necessary action in this regard. Accordingly legal adviser has opined that an application for construction of residential houses and mutation in favour of thirteen persons (purchasers) is not maintainable due to following grounds:-

1. Because the contents mentioned among the three sale deeds and mutation applications of thirteen persons are neither similar nor legally correct in the eyes of law.

2. Because the site Drona View comprising G.L.R. Sy. No. 99/94 (total area 3.098 acres) is held in old grant and lease with the description house no. 707 and agriculture, but three sale deeds dated 05-12-2005, 03-05-2006 and 14-11-2006 and Ekaranama/partition deed dated 05-12-2005, 04-05-2006 and 14-11-2006 were executed among recorded HOR and fourteen persons whereby old tenements and vacant land of Sy. No. 99/94 was divided into fourteen plots which will be come under the title of sub-division of site.

3. Because it is stated in the Ekaranama/partition deed dated 05-12-2005, 04-05-2006 and 14-11-2006 that all persons of first party (purchaser) shall do construction work separately in their respective plot according to the Ekranama/partition deed which is totally infringement of term and conditions of lease by change of purpose because permission was granted to the lessee to occupy the said site as a garden or for cultivation purchase in limine.

4. Because the Cantt Board is not competent to mutate the property where sub-division of site, change of purpose or construction of additional building is involved as per GOI, Min of Def letter No. 31/3/L/L&C-36/7260, L/D(C&L), dated 16-11-1962.

Hence the matter is being put up before the board for consideration and taking appropriate decision.

The relevant file alongwith C.B.L.A. report is placed on table.

RESOLUTION

4. Considered and Board decided that the said matter be forwarded to PDDE, Central Command alongwith the appropriate comments of the office side.

5. ANNUAL ADMINISTRATION REPORT AND ANNUAL CONSOLIDATED ACCOUNT FOR THE YEAR 2013-14.

To consider the Annual Administration Report and Annual Consolidated Account for the year 2013-14 in respect of Ranikhet Cantonment for submission to the Central Government through the GOC-in-C, Central Command, Lucknow through proper channel the Principle Director Defence Estates, Central Command Lucknow Under Section 50(1) of Cantonment Act, 2006 and under the Cantonment Account Code 1924.

The matter is being put up before the board for noting and approval.

Relevant file is placed on the table.

RESOLUTION

5. Considered and approved as per agenda.

6. MUTATION OF PROPERTY COMPRISING G.L.R. SY. NO. 99/227 BY WAY OF INHERITANCE

Reference C.B.R. No. 2(15), dated 20-03-2014.

OFFICE REPORT

As per above Board resolution all formalities has been completed by Shri Sandeep Mehrotra s/o Late Shri Laxmi Narayan Mehrotra. The objection had already been invited by this office dated 28th January, 2010 published in daily news paper Amar Ujala on 29th Jan. 2010. As per report of record keeper, no objection from any affected person has been received to this office within stipulated time. Hence the matter is being put up before the Board to accord the sanction for entering the name of Shri Sandeep Mehrotra by expunging the name of Shri Hardasi Lal s/o Shri Brij Lal in the GLR.

Relevant papers and other documents are placed on the table.

RESOLUTION

6. Considered. The Board has resolved that the house No. 363 to 365 alongwith occupancy rights of GLR. Sy. No. 99/227 be transferred in the name of Shri Sandeep Mehrotra s/o late Shri Lakshmi Narayan Mehrotra being a legal heir. The name of Shri Hardasi Lal Mehrotra Grand Father of Shri Sandeep Mehrotra be expunge from the G.L.R. The entry will be made after completion of code of conduct.

7. RELEASE OF SECURITY DEPOSITE

To consider the matter regarding release of security deposited by Smt. Geeta Shah (application dated 28-04-2014.)

OFFICE REPORT

An application received from Smt. Geeta Shah w/o Shri Bhuwan Chandra Shah for their security deposit against the Management/Maintenance of the Ashiyana Park. As per agreement the security deposited by the contractor could be released after his contract.

Sl. No.

Name of Contractor

Name of Work

Work executed in the year

1

Smt. Geeta Shah w/o Shri Bhuwan Chandra Shah

Management/Maintenance of Ashiyana Park

Sept. 2011 to Aug. 2013.

As per report of Deputy Ranger dated 05-05-2014 the said security money can be release to the party as the said work has been completed.

RESOLUTION

7. Considered and approved as per agenda.

8. COMPLAINACE OF GOVERNMENT ORDER REGARDING MINIMUM WAGES TO OUTSOURCED EMPLOYEES

Reference Cantonment Board resolution No. 24, dated April 30th, 2014.

To consider Uttrakhand Government Order No. VIII/13-228(Sram)/2001, dated March 06th, 2013.

OFFICE REPORT

It is stated that as per above quoted resolution, the Board resolved that the Board is already paying salary as per Minimum Wages Act and also agree for revised Minimum Wages Act. Further Board resolved that service charges mentioned by the agency seems to be higher side and also advised to make necessary correspondence with the agency for reducing their service charges @ maximum 10%. If the said agency agreed to provide their services @ Maximum 10%, demand letter be issued, if the agency will agree on maximum 10% service charges, the wages will be paid to outsource employees w.e.f. April, 2014. Further the Board resolved that the Board will pay only those taxes, which is the liability of the Board, rest will be paid by the said agency i.e. WHIZ KID.

Accordingly, this office asked from M/s WHIZ KID vide this office letter No. 121/Outsourcing/14, dated April 30th, 2014 to reduce their service charges upto @ 10%. In reply of this office letter, the agency has agreed to provide their services on the rate of 10% of service charge.

It is pertinent to mention here that presently Uttarakhand Government Order No. VIII/13-228(Sram)/2001, dated March 06th, 2013 is available, which has been downloaded from internet.

Board may grant permission for payment of minimum wages as per Uttarakhand Government Order No. VIII/13-228(Sram)/2001, dated March 06th, 2013.

It is also pertinent to mention here that teachers and Vocational Training Center’s Instructors are not comes under minimum wages so honorarium of RMSA may be opt i.e. Rs, 8,000/- per month.

It is also brought to the notice of the Board that Forest Section has demanded 20 fire watchers to prevent the forest fire as per minimum wages of order 24-(1)/XVI-8/1(22)/08, dated Jan 03rd, 2014 received from Treasury Office, Ranikhet i.e. Rs. 234/- per day, it is comes to the notice that minimum wages for fire watchers may be as per norms of State Forest Department not as per order 24-(1)/XVI-8/1(22)/08, dated Jan 03rd, 2014 So board may engage 20 fire watchers through outsourcing agency as unskilled employees on minimum wages prescribed in Uttarakhand Government Order No. VIII/13-228(Sram)/2001, dated March 06th, 2013.

The Board may consider the matter accordingly.

Relevant file is placed on the table.

RESOLUTION

8. Considered and approved as per agenda. Further Board decided that the existing contractor will be provide his services till enforcement of new agreement accordingly to fresh tender.

9. MAINTENACE/WHITE WASHING OF AASHIYANA PARK

To consider the matter regarding maintence/white washing of Aashiyana park

OFFICE REPORT

It is submitted that Cantt. Board Ranikhet is maintaining 18 numbers of parks out of which one park namely Aashiyana park is in bad condition which is required urgent repair/maintenance such as repair of electric wiring, fountains, infrastructure, colouring/painting, flower pots etc. The said repair work will be executed through departmentally because at the time of handing over the said park, above mentioned works was the liability of the Board.

The Board may consider the matter accordingly

Relevant file is placed before the board.

RESOLUTION

9. Considered and approved as per agenda.

10. SUPPLY OF STATIONARY

To consider the quotations for supply of stationary for the year 2014-15.

OFFICE REPORT

Sealed quotations were invited for the supply of stationary vide this office letter No. 133/Nivida/14, dated April 17th, 2014. Only five valid quotations have been received by this office. The lowest rates have been quoted by two firms i.e. M/s Himanchal Press, Near Roadways Station, Ranikhet and M/s Anjali Printers, Chiliyanaula, Ranikhet.

The Board may consider the matter accordingly.

The relevant file alongwith comparative statement is placed on the table.

RESOLUTION

10. Considered and Board resolved to approve the lowest rates of M/s Anjali Printers, Chilliyanaula for two items mentioned in Sl. No. 10 & 11 and for remaining fifteen items M/s Himachal Press, Near Roadways Ranikhet as mentioned in the Comparative Statement prepared by the Record Keeper has been approved by the Board.

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Sd/- xx xx xx Sd/- xx xx xx

Member Secretary Brigadier, Cantt.Board,RANIKHET. President Cantonment Board, RANIKHET

TRUE COPY

CHIEF EXECUTIVE OFFICER,

RANIKHET