Rule 16 ccs(cca) rules 1965
LINGESH HUNSUR
(Querist) 06 April 2013
This query is : Resolved
Sir, I have worked in pOSTAL Department. For some ulterior motive and vengeance my postmaster has created false complaint against me as I HAVE SOLD 3RS AND 5 RS STAMPS , WHICH WERE NOT ACCOUNTED TO PO ACCOUNT AND OUT OF STOCK FOR SOME DAY. As per them, This incident has seen one of my college and told this to officiating postmaster, as regular postmaster is in leave for 09/07/2012 to 14/07/2012, as per them during this period the incident happened. After regular SPM has cam he has reported this issue to our higher office on 30/07/2012, SR Supdt of Post offices. After taking statements of all they have give RULE 16 CHARGE SHEET to me.
Without any witnesses, only based on the hear and say of other staff, they have made baseless allegation and succeed to issue charge sheet. Hence i have request to give INQUIRY under Rule 16,1(b). If they give Inquiry i will prove my self or else what to do. Please intimate.
Thanking you
Guest
(Expert) 06 April 2013
Please be clear what you really want to ask from the experts, as your post merely represents description of the incident and request made to the SSPOs? If you have given written request, the SSPOs will have to appoint am I.O. and a P.O. for the purpose of conducting oral hearings.
Sudhir Kumar, Advocate
(Expert) 06 April 2013
Generally it is not mandatory to hold inquiry under Rule 16.
In your case you have apparently requested for inquiry. If yes, this is wise decision in your case. In this case the inquiry will beheld under rule 16(4) following same procedure of rule 14 and you will have all such opportunity.
Raj Kumar Makkad
(Expert) 06 April 2013
I do agree with the advice of the experts.
LINGESH HUNSUR
(Querist) 16 April 2013
Sir,
Thanks for all experts for responding my request. Actually it is fake complaint to take vengeance against me. I have replied for memorandum to conduct inquiry.
The complaint is unauthorised sale of 3rs and 5rs stamp, which have out of stock for some day. But 3Rs stamp is there in stock.
For this complaint there is no evidence or material evidence, only hear and say basis, they have made baseless allegation.
I have submit my Representation and waiting for SSPOs reply. If they order inquiry i will prove my innocence or else what to do.
LINGESH HUNSUR
(Querist) 16 April 2013
PS Dhingra sir,
i have given written request to conduct to inquiry.
Sudhir Kumar sir,if they conduct inquiry under Rule 14, is this effect adversely to me , because Rule 14 is very serious than Rule 16 as i heard. I have not done any mistake and there is no witnesses for this complaint. Only saying of other colleges they have given Charge sheet.
Please guide me.
Guest
(Expert) 16 April 2013
In the case of Charge Sheet under Rule 16, although the inquiry process would be the same as like Rule 14, but that would not convert the Charge under Rule 14. So, you need not worry on that issue.
Anirudh
(Expert) 16 April 2013
What do you mean by un-authorised sale of Rs. 3 and Rs. 5 stamp?
Guest
(Expert) 16 April 2013
Dear Anirudh,
The querist intends to convey that he sold postage stamps of denomination of Rs.3 and Rs.5, which could have been found excess and unaccounted in the accounts of stock with him, but the cash proceeds of stamps were not shown in to account. In fact, the postal system is such that even a single paisa found excess at the counter is required to be deposited with the cashier and accounted for in the books of accounts.
In other words he would have been treated to have misappropriated the Government money/ property on account of sale of those out of account stamps.
LINGESH HUNSUR
(Querist) 27 April 2013
Dear all experts thanks for your concern regarding resolve all queries .
I am working in Postal Department. I have given Charge sheet Rule 16 for sale of RS:03 and 05 stamps which were not accounted to Post office Stock as per charge sheet and postmaster record error entry for excess found of RS: 90/- in my stamp balance.
But real fact is i was checking the stamp balance and found Rs:90 excess and i have credited that amount to UCR and brought to the notice of SPM. But in chargesheet they reverse this matter.
and in post office main stock RS:03 stamps are there , but in charge sheet they mentioned as out of stock and i have brought in outside and sale in the counter.
Hence when i have given reply to this charge sheet i have attached EXTRACT OF STAMP BALANCE REGISTER AND ERROR ENTRY COPY. But for taking xerox of these document i have not taken permission of OFFICE INCHARGE, postmaster. But i have enclosed these document to LETTER addressed to SUPERINTENDENT OF POST OFFICE .
Please clarify whether i have to take permission before taking xerox of these documents or not. Because i have not misused these document and send it to same department higher authority to prove defect of charge sheet.
Guest
(Expert) 27 April 2013
Unauthorised making photocopy of official document or taking that out of office premises for photocopying without permission of the competent authority is an offence. For the purpose of your defence, you could have requested the authorities to supply copy of the requisite documents.
Sudhir Kumar, Advocate
(Expert) 27 April 2013
please take cue from what Mr Dhingra stated. so do not defend as novice.
deptt has already erred in invoking rule 16 as the case was justified under rule 14. give them no chance to correct mistake
Sudhir Kumar, Advocate
(Expert) 04 May 2013
if you have chargesheet then you can seek inquiry under rule 16(4) and can have another serving or retired defence asstt of argue your case.
You are likely to create more trouble.
Sudhir Kumar, Advocate
(Expert) 04 May 2013
repeated at http://www.lawyersclubindia.com/experts/whether-permission-is-taken-for-giving-extract-of-office-document-to-give-to-dept-388821.asp#.UYTxTUr7Cnc
Sudhir Kumar, Advocate
(Expert) 04 May 2013
also repeated at
http://www.lawyersclubindia.com/experts/submission-of-extract-of-office-document-to-higher-authority-of-same-department-388841.asp#.UYTxSUr7Cnc
