CS writes to CPMG on disproportionate quantum of Punishment and imposition of Penalty of Recovery on IPs/ASPs as subsidiary offender.

No. AIAIPASP/Corr-1/17/2015

24/11/2015

To

Shri Tilak De, IPoS

Chief Postmaster General

          Odisha Circle, Bhubaneswar-751001

Sub:- Disproportionate quantum of Punishment and imposition of Penalty of Recovery on IPs/ASPs as subsidiary offender -regarding. 

Respected Sir,

This is in continuation of this Association Circle Working Committee Resolution dated 22-02-2015 which was communicated vide Association Letter No. AIAIPASP/Corr-1/03/2015 dated 24-02-2015.

The Circle Working Committee of this Association met at PRC, Bhubaneswar GPO on 15/11/2015 as per the notification No. AIAIPASP/CWC-3/2015 dated 20/10/2015. In this CWC meeting each and every single member expressed their anguish over the trend of exercising the Disciplinary authority on IPs/ASPs in a tyrannical way. Although the quantum of penalty is within the domain of the discretion of the Disciplinary Authority, selective treatment to IPs/ASPs by imposing of heavy penalty of recovery even in Lakhs as subsidiary offender, in the cases where the pecuniary loss has been caused by the Principal Offender and the same is not attributable to the concerned IP/ASP, is arbitrary, whimsical and oppressive. This Association strongly believes that due weightage to the extenuating circumstances in which the IPs/ASPs are performing their duty is not being taken into consideration while arriving at the quantum of Punishment. This is adversely affecting the moral of the concerned IPs/ASPs and has sent a wrong message to the entire Inspectorial cadre across the Circle. The right to impose a penalty carries with it the duty to act justly.

The Circle Working Committee desires to express its concern on following issues:-

a)  i. It is not exaggerated to say that the IPs/ASPs are playing a pivotal role to achieve the goal outlined for the development of the Department. For this they undertake tremendous pressure to achieve the target in SB, PLI, RPLI, BD etc. The last mile of IT Modernization Project rests on the shoulders of IPs/ASPs. The successful implementation of financial inclusion of peripheral India through stabilization of MNREAGA is an indication to the level of commitment by the IPs/ASPs.

ii. It is no denying fact that to discharge the above multifarious responsibilities in addition to normal traditional works like inspection of Post Office work, investigation of loss & Fraud cases, Review of Establishment etc. will have crunching effect on the available time which is un-stretchable by nature.

iii. The natural corollary is that IPs/ASPs are incredibly stressed on time front to accomplice the job in a time bound manner. Therefore it is obvious that in crowding environment there may be some un-intentional lapses creep in while discharging variety of tasks at one time despite all precaution and good intention.

iv. The Association however noted with dismay that in recent days our members have been victimized for these un-intentional minor lapses disproportionately by way of imposition of penalty of heavy recoveries by remotely connecting the lapses with figment of imagination and hypothetical deduction.

v. Under this highly insecure environment, the IPs/ASPs have only recourse to adopt safety as first policy to concentrate on inspection of Post Office Work, timely submission of IRs, completion of investigation to loss & Fraud cases, Review of IRs etc. at the cost of business activities. All of us will agree that this will obviously lead to dip in productivity of business procurement.

b)  At times the IPs and ASPs burdened with discharging the duties of more than one post to complete their pending inspection work in a hurry even complete more than one office in a day. While working in a hurry one is bound to overlook minor things. Therefore, the posts of IPs/ASPs should not be kept vacant taking into consideration the functional necessity. The vacant posts of ASPs which can be be filled up by regular appointment need to be filled up as and when the vacancy arises and the vacancy arising due to officiating of ASPs in PS Group-B Cadre need to be filled up by ad-hoc appointment. System of making one officer discharge the duties of more than one post should not be resorted to for long periods as it is not conducive to efficiency. Presently there are some vacant posts of IPs and ASPs in the Circle for which regular appointment and officiating arrangement required to be made immediately. Similarly the vacant IP Posts need to be filled up on ad-hoc basis until the regular candidates become available. If the eligible PAs/SAs are not coming forward to officiate in vacant IP Posts, then the Circle Administration needs to analyze why they are not interested. This Association believes that it is the variety of tasks and relevant circumstances under which the IPs are performing their duties is preventing them to come forward.

c)   With the increase in number of Questionnaire the pressure on IPs/ASPs has been increasing over the years. Further the number of days for inspection of Post Office work is not being rationalized with the increase in number of Questionnaire. This is also affecting the efficient functioning of IPs/ASPs at times.

d)  It has been a matter of concern with many believing that the Circle Administration is targeting specific individuals at the time of their Promotion and Retirement by categorizing them as subsidiary offender in past cases relating to 5/10/15 years back.

e)  It is also a matter of concern that no action is being taken for implementation of the Public Accountants’ Default (PAD) Act for recovery of the pecuniary loss to the Government caused by the Principal offender for better avoidance of the loss. Is it not encouraging for commission of more loss and fraud cases? It is well-read that the present Circle Administration has a very good relationship with the State Govt. authorities and, therefore, there is a scope for the Circle Administration to utilize this opportunity to help the Divisional Administration in implementation of the PAD Act in loss and fraud cases.

I, on behalf of this Association would like to request you to take into consideration the variety of tasks performed by IPs/ASPs at one time and the relevant circumstances as narrated above into the decision making process while awarding the punishment. Further, the CWC met on 15-11-2015 urges the Administration to exercise the power of Disciplinary Authority fairly, justly and reasonably. The CWC also expresses its desire to discuss all the issues with the Chief PMG for which a convenient time may kindly be allowed.  

With deep regards,

Yours sincerely,

(Pitabasa Jena)

Circle Secretary

Copy for kind information to:-

1.   The PMsG, Berhampur and Sambalpur Region.

2.   The DPS(HQ), Bhubaneswar HQ Region, Bhubaneswar-751001.

3.   All the Divisional Heads (Postal/RMS) of Odisha Circle.

Circle Secretary