No.F.11(8)-GA (AR) /2013 GOVERNMENT OF TRIPURA GENERAL ADMINISTRATION(AR) DEPARTMENT *** Dated, Agartala, the____June, 2013.

To The Superintendent of Police(Vig.) Vigilance Organisation, Tripura, Agartala.

Subject :-

Complaint lodged by Smti. Madhu Debbarma, P.O.-Dasda, Kanchanpur, North Tripura against Shri Subhas Debbarma, Gr.-D, GA (SA) Department(now posted in Central Despatch).

Sir, I am directed to enclose herewith copies of related note sheets (5 sheets) and correspondence pages (7 sheets) of the file bearing No.F.1(5)-GA (SA)/2013 received from the GA (SA) Department on the subject mentioned above and to request you kindly to cause an enquiry into the matter and send a report to this Department within 60 days. Enclo : As Stated. Yours faithfully,

(B. P. Das ) Under Secretary to the Government of Tripura. ___

Note no.-4. Ref :- At P- 94/c. With reference to this Departments letter at P-59/c, the Under Secretary, GA (P & T ) Department has forwarded a draft charge sheet under Rule 14 of the CCS(CC & A) Rules, 1965 against Shri Samiran Das, Section Officer of the Tripura Secretariat Service alongwith relevant documents/papers as prepared by the GA (SA) Department which at pages-92 to 89/c for taking Disciplinary action against said Shri Samiran Das, Section Officer of the Tripura Secretariat Service. The relevant documents/papers alongwith the draft charge sheet as per Annexure-III are placed in this file at Page- 88 to 60/c may kindly be seen. 2. After examination of the draft charge sheet , it appears that the charge of Shri Das, Section Officer, TSS in the Article I that Shri Samiran Das, Section Officer, Tripura Secretariat Service has submitted E-Air- Tickets alongwith his Travelling Allowance Bill claiming travelling allowance for 5(five) members of his family including him. But it appears from the E-Air Tickets sent by the Station Manager, Air India Limited, Agartala that the E-Air Tickets submitted by Shri Das is not genuine as well as the actual journey was availed by the 4(four) persons and not by 5(five) persons as claimed by Shri Das. In the Article-II that Shri Samiran Das, Section Officer, TSS has submitted E-Air Tickets alongwith his Travelling Allowance Bill claiming travelling allowance for 5(five) members of his family including him. But claiming amount as shown in the E-Air Tickets submitted by Shri Das is found fully different from the amount of the copies of E-Air Tickets sent by the Station Manager, Air India Limited, Agartala. Therefore, it presumed that the E-Air Tickets submitted by Shri Das are fake as well as the amounts shown in the said E-Air Tickets are false. 3. It may be mentioned here that the above draft charge sheet is placing in the Statement of Article of charge, as Annexure-I and in the Statement of Imputation, as Annexure II, which is not correct. However, on the basis of this draft charge sheet, a modified draft charge sheet is prepare and placed in file as Flag-A. 4. It may also be mentioned here that GA (SA) Department has not enclosed the Annexure- IV, A list of Witnesses by whom, the Article of charge are proposed to be sustained alongwith draft charge sheet against Shri Das.

Contd........... Contd............from pre-page. 5. Keeping in view of above, we may now, request at first to GA (SA) Department for preparing Annexure- IV, a list of Witnesses by whom, the Article of charge are proposed to be sustained and send to this Department at an early date. A copy may also endorsed to the GA (P & T) Department for kind information. 6. Submitted for kind order.

Note no.-8. Ref :- At P- 98/c. With reference to this Departments letter at P-96/c, the Deputy Secretary, GA (SA ) Department vide P-98/c has sent herewith Annexure-IV, List of of

Witnesses by whom, the Article of charge are proposed to be sustained to this Department at Page- 97/c which were not enclosed earlier the draft charge sheet under Rule -14 against Sri Samiran Das, Section Officer of Tripura Secretariat Services prepared by GA (SA) Department at P-93/c. 2. It is pertinent to mention here that GA (P & T) Department was requested vide P-57/c to this Department for taking Disciplinary action against Shri Samiran Das, Section Officer of the Tripura Secretariat Service and it has been got approval of the Honble Chief Minister which may kindly be seen. 3. Thereafter, as per follow of action, the GA (SA) Department has been prepared a draft charge sheet under Rule-14 against Shri Samiran Das, Section Officer of TSS and relevant documents as Annexure- III enclosed alongwith draft charge sheet which are placed in this file. 4. On the basis of the draft charge sheet , a modified draft charge sheet under Rule 14 against Shri Samiran Das, Section Officer, Tripura Secretariat Services is prepared alongwith charge Memorandum placed in this file at Flag-A for kind approval. 5. It may be mentioned here that as per Standing Order placed at P-103/c, prior issue of charge sheet , an approval of Honble Chief Minister to be obtained for initiating Disciplinary Proceeding under Rule 14 against Shri Samiran Das, Section Officer of the Tripura Secretariat Service. Submitted.

Note no.-10. Ref :- At note No.-8 & 9/c. As per approval of the authority at note No.- 9 ante, fair copies of the charge sheet against Shri Samiran Das, Section Officer of the Tripura Secretariat

Service are placed in file for kind signature of the Secretary, GA (AR) Department (Disciplinary Authority).

Note no.-11. Ref :- At page - 126/c. As per order of the authority at note No.- 10 ante, the charge Memo. alongwith the charge sheet against Shri Samiran Das, Section Officer of the Tripura

Secretariat Service has been issued on 1st October, 2013 and the charge Memo. which was served by the GA (P &T) Department to the Accused Officer, Sri Das on 3-10-2013 after getting signature of Sri Das on it as token of receipt of the Memo. is placed at P-124/c may kindly be seen.

2.

It is mention that due date of a written statement submit by Sri Das within

10(ten) days of receipt of that memo. upto 13-10-2013. 3. But, in the meantime, the Accused Officer, Shri Samiran Das, Section

Officer has submitted a prayer on 9/10/2013 for extension of another 15(fifteen) days time in addition of submission of written statement in self defence due to obligatory duties and burden o responsibilities of each person who is sole guardian and manager of the family will increase many fold in the days /eve of festivals. 4. Therefore, we may accept the prayer of Shri Das at this stage, if approved.

Note no.-13. Ref :- At note No. 11 and 12 ante.. The Accused Officer, Shri Samiran Das, Section Officer of the Tripura Secretariat Service has submitted on 25/10/2013 a written statement of his defence which at P-127/c may kindly be seen. In his defence statement, Shri Das

has stated that the charges as framed against him are completely fabricated, concocted and untrue.

2.

Now, as per Rule 14(5)(a) of the C.C.S. (C.C.&A.) Rules, 1965, on receipt of

the written statement of defence, the Disciplinary Authority may it considers it necessary to do so, appoint under sub-rule (2), an Inquiring Authority for inquiring into the truth of imputation of misconduct or misbehaviour in support of each article of charge against the Accused Officer, Shri Das.

3.

In view of the above, if the authority may consider, the name of Inquiring may be proposed to

Authority and also the name of Presenting Officer appointment for inquire into the case. Submitted.

Note no.-15. Ref :- At note No. 14 ante.. As per order of the authority at note No. 14 ante, a draft letter to the Pr. Secretary, GA (SA) Department for sending a nominate name of Presenting Officer to this Department is placed for kind approval.

It may be mentioned here that the draft order for appointment of I. A. will be placed together-with the draft order for appointment of P.O. after receipt of nominate name of Presenting Officer from GA (SA) Department. Submitted for kind approval.

Note no.-16. Ref :- At note No. 16 ante.. As per order of the authority at note No. 16 ante, a fair letter to the Pr. Secretary, GA (SA) Department for sending a nominate name of Presenting Officer to this Department is placed in this file for kind signature.

It is requested the service particulars of the A. O. may also be sent to this Department as per practice followed in the department.

Note no.-17. Ref :- At Page- 130/c. This is regarding prayer of the A. O., Shri Samiran Das, Section Officer of the TSS at P-130/c for supplying the documents to him by which charge framed against him. 2. It may be mentioned here that the disciplinary authority has already been

decided the I. A. and P. O. will be appointed for inquiry into the case vide note No. 14 ante, as per the written statement submitted (at P-127/c) by the Accused Officer which his denied all the charge framed against him in response to the charge Memo dated 01-10-2013 (at page-124/c) . 3. Now, in regard to the prayer of Accused Officer for supplying documents

to him , it may also be stated here that after received of the written statement of defence from the A.O. as denied by him against charges , the Disciplinary

Authority appoints an Inquiring Authority for holding inquiry into such charge, it may , by an order, appoint a Government servant or a legal practitioner, to be known as the Presenting Officer to present on its behalf the case in support of the articles of charge according to Rule 14(5)(c) of C.C.S. (C.C.&A.) Rules, 1965. It may also be stated here that while rejecting the request for

inspection/furnishing documents, It may be explained to the delinquent officer would get full opportunity to inspect the listed documents during the course of enquiry according to Government of Indias Decision regarding inspection of documents as item No. 22 under Rule 14 of the C.C.S. (C.C.&A.) Rules, 1965 (copy is placed at P-131/c) 4. Keeping in view of above, if approved, accordingly, the same may be

intimated to the AO, Shri Samiran Das, Section Officer of the Tripura Secretariat Service, now working Section Officer, R.D Department. A draft letter is placed for kind approval.

Note no.-19. Ref :- At Page- 129/c. Principal Secretary, GA (SA) Department was requested vide our letter at P-129/c to nominate a suitable officer for appointing as Presenting Officer. But, till now, we have not received any name of officer from the GA (SA) Department for appointing as P.O. Now, we may issue a reminder to GA (SA) Department for sending name of P.O. for further course of action. Accordingly, a draft is placed for kind approval.

Note no.-21. Ref :- Note No.-19 &20 ante.. Principal Secretary, GA (SA) Department was requested vide our letter at P-129/c to nominate a suitable officer for appointing as Presenting Officer. Accordingly, the Under Secretary, GA (SA) Department vide P-138/c has nominated the name of Shri Prasantanath Choudhuri, Office Superintendent of GA (SA) Department for appointing as Presenting Officer and also sent herewith Service particulars which at P-137 to 135/c. Now, As per order of the authority at note No.14 ante, drafts appointment Order of Inquiring Authority and Presenting Officer are placed in file for kind approval of the Disciplinary Authority. Submitted.

Note no.-23. Ref :- Note No.-22 ante. As per order of the authority at note No.-22 ante, fair appointment Order for Inquiring Authority and Presenting Officer into the charges framed against Shri Samiran Das, Section Officer of TSS are placed in file for kind Signature of the Disciplinary Authority.