I have retired from CLW/Ministry of Rlys.on 31.01.2016 as Sr. Scale Accounts Officer. I have been served with two major penalty charge sheets on 27.01.2016.As a result all my retirement dues have been withheld. I have submitted my defence reply on 29.01.2016.Almost two months now, I.O. and P.O.are yet to be appointed. Obviously, the intention is to harass me.
Basically, the charges are frivolous and can not be sustained.What is disturbing is the motive of the Vigilance Department which has ignored the dissent of my Head of Department and served me with charge sheet even before the investigation is complete.
In one case, I have been charged of following a wrong procedure of passing bills. Basically, the procedure of passing bills that I have followed is in vogue since two decades and in perfect conformity with codal provision. I was in charge of bill passing only w.e.f. 08.05.2013 and obviously all my predecessors have passed umpteen number of bills following the same procedure and many of them are still in service.
What is surprising is that only I have been served with major penalty charge sheet. Nobody else.
My question is - Is it not discriminatory ? Can I seek Hon'ble Tribunals intervention to set aside the charge sheet?
Similarly, in the second case, I have been charged of misinterpreting GM's sanction in a tender case. In response to an internal communication from Vigilance department, my own department has strongly refuted the skewed mindset of Vigilance and adequately clarified that GM's sanction in the particular case is ambiguous and suggested to obtain clarification from GM. Vigilance Department ignored the dissent from my HOD and served me with charge sheet.
Again, in this case only I have been chosen for the charge sheet - nobody else although some other officers from executive department have also interpreted the same way.
Is this not discriminatory ? Since I was to retire on 31.01.2016 the Department displayed alacrity to serve me with charge sheets obviously with clear intention to withhold my retirement dues.
Kindly help with proper legal advice so that my days of intense mental anguish and indignity come to an early end.
With an unblemished and excellent gradation of my APAR I feel myself grossly humiliated. Is there a case of violation of human rights in the eyes of law ?
Dipankar Chandra Roy