Option to a govt employee against false inquiry report

Question

Option to a govt employee against false inquiry report

Sir
 I am a divisional accountant of central govt and posted to state govt irrigation department, a blackmailer submitted a false complaint to divisional commissioner against executive engineer ,me and tender clerk and accordingly two inquiry officer was appointed, both of them are retired officials from this office and friend of executive engineer one of them is 73 yrs old an another is equivalent to me in designation. after the whole procedure of tender , tender was approved by district collector which is the president of acceptance granting committee but on acceptance collector has not taken signature of dy president of acceptance granting committee, for non signature of dy president of committee inquiry officers has submitted inquiry report that on acceptance of tender there is no signature of dy president then it can not be considered as acceptance and it is the duty of divisional accountant to remind the collector that he has not taken signature of dy president, i have no relation with district collector my boss is executive engineer who is also member of acceptance granting committee and knows that dy president has not signed the acceptance letter, although inquiry officer does held executive engineer responsible also my junior tender clerk is not held responsible, only I am held responsible for this subject. i think it was the duty of president to take the sign of dy president and if in a chain my junior tender clerk and my senior executive engineer is not responsible then how i can be? please guide me that what should a do ?

Asked 7 years ago in Labour

Answer 1

hello,

first of all the persons conducting the inquiry cannot be equivalent or below your cadre. therefore this is an illegality that has been committed by the officials. moreover, you did not have any access to the DM or Dy president, therefore, you cannot be dragged into this technicality. if the funds have been disbursed then it will be seen whether both of them had signed or not and if both of them had not signed and the funds were debited from the account somebody has to be held responsible. the inquiry committee which was constituted has to be seen whether it was constituted a per the rules. an OA should be filed in CAT against the order which you have to challenge. if you are on deputation in the state govt. then rules should be seen and they so say the state public services tribunal.

regards

Rahul Mishra

Advocate, Lucknow

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