GOVERNMENT OF ANDHRA PRADESH ABSTRACT

ABSTRACT

Establishment -- Mandal Parishad Development Officers -- Sri D. Kali, formerly Mandal Parishad Development Officer, Samalkot, East Godavari District and present Mandal Parishad Development Officer, Rampachodavarm, East Godavari District -- Misappropriated an amount of Rs. 12,24,821-00 from Education funds -- Disciplinary ction finalised-- Dismissed from service -- Orders -- Issued.

PANCHAYATRAJ AND RURAL DEVELOPMENT (ESTT.VII) DEPARTMENT

G.O.Ms. No. 312.                                            Dated: 10th October, 2000

Read the following:-

(1) From the Chief Executive Officer, Zilla Parishad, East Godavari

Letter No. D1/2698/93, dated 4.5.93.

(2) From the Commissioner, PR&RE, Andhra Pradesh, Hyderabad, Procgs. No. 9333/I1/93, dated 17.5.93.

(3) From the Commissioner, PR&RE, Andhra Pradesh, Hyderabad, Charge Memo. No. 9333/I1/93, dated 2.1.96.

(4) From the Commissioner, PR&RE, Andhra Pradesh, Hyderabad, Procgs. No. 9333/I1/93, dated 12.3.97.

(5) From the Chief Executive Officer, Zilla Parishad, East Godavari, Letter No. D4/ZP/2698/93, dated 13.11.98.

(6) From the Commissioner, PR&RE, Andhra Pradesh, Hyderabad, Letter No. 9333/I1/93, dated 4.1.2000.

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ORDER:

The preliminary enquiry conducted by the AccountsOfficer, Zilla Parishad, East Godavari District has revealed that Sri D. Kali, MandalParishad Development Officer, in connivance with Sri S. Suryanarana Sastry, the thenJunior Assistant, Mandal Parishad, Samarlakot, East Godavari District, has encashed anamount of Rs. 12,24,821/- from the Elementary Education Funds of Mandal Parishad,Samarlakot and misappropriated the same during the period from 1.11.1992 to 31.3.1993. TheAudit conducted by the Local Fund Audit Department has also confirmed the abovemisappropriation.

2. Based on the preliminary enquiry reportfurnished by the Chief Executive Officer, Zilla Parishad, East Godavari in the reference1st read above, Sri D. Kali was placed under suspension by the Commissioner, PR&RE inhis Procgs. 2nd read above. Similarly the Chief Executive Officer, Zilla Parishad, EastGodavari has placed the Junior Assistant under suspension in his Procgs. No. D4/ 4105/93,dated 1.5.93. Both the Criminal and Departmental Proceedings have been initiated againstthem.

3. A criminal case under Section 409, 468 and 420of I.P.C. was registered against both the Delinquent Officers viz. the Mandal ParishadDevelopment Officer and Junior Assistnat. Both the Accused Officers faced trial beforeIIIrd Additional Judge, Kakinada. The IIIrd Additional Judicial Ist Class Magistrate,Kakinada in his Judgement dated 6.3.98 in C.C. No. 29/95 has convicted both the AccusedOfficers for the above offences and sentenced them to suffer Rigorous Imprisonment for aperiod of 2 1/2 years and to pay a fine of Rs. 5,000/- in default, simple imprisonment forsix months. Aggrieved with the above conviction, the Delinquent Officers have filed anappeal before the IIIrd Additional Sessions Judge, Kakinada. The Court of IIIrd AdditionalSessions Judge, Kakinada in Criminal Misc. Petition No. 91/98 in C.A. No. 67/98 dated1.4.98, while observing that the fine amount was paid, has suspended only the sentence ofimprisonment on the same terms and conditions as imposed by the Lower Court, pendingdisposal of the appeal.

4. The Commissioner, PR&RE in his Procgs. 3rdread above, has initiated Departmental Proceedings against Sri D. Kali, by framing thefollowing Articles of Charges and calling for his explanation in respect of the chargesframed against him:

 

Charge-I: "That he has misappropriated Mandal Parishad Elementary Education Funds to a tune of Rs. 12,24,821/- with the connivance of the Junior Assistant, Sri S.S. Sastry "

Charge-II: " That he irregularly drawn the Education Fund through forged signatures and fictitious pay bills etc. wilful and deliberate above of cheque drawing powers and misappropriation of Elementary Education Funds."

Charge-III: " That he failed to report unspent balances of grant of previous years available in M.P.P. Education funds to L.F. Department"

Charge-IV: " That he irregularly claimed the amounts towards surrender leave of Teachers to a tune of Rs. 2,31,601/-"

Charge-V: "That he irregularly claimed amount towards leave salary and allowances to tune of Rs. 2,25,546/- of teachers retired from service."

Charge-VI: " That he failed to remit the arrears of D.A. amount to G.P.F. Account(1992-93)

Charge-VII: "That he failed to observe the rules in drawal of amount which caused misappropriation."

Charge-VIII:" That he failed to observe the rules, and did not act properly and committed the fraud in drawal of Elementary Education funds of M.P.P. during 1992-93."

Charge-IX: " That he failed to account the drawal of cheques and caused mis-appropriation "

Charge-X " That he committed irregularities while claiming Grant-in-aid for payment of Terminal leave benefits to Teachers"

.5. The Delinquent Officer failed to furnish hisWritten Statement of Defence within the stipulated time. The Commissioner, PR&RE hasappointed the Chief Executive Officer, Zilla Parishad, East Godavari District as EnquiryOfficer in his Procgs. 4th read above. Meanwhile, the Commissioner, Panchayat Raj &Rural Employment has reinstated Sri D. Kali into service without prejudice to thedisciplinary case pending against him vide his Proceedings dated 23.7.1997. The EnquiryOfficer, after conducting the enquiry, has submitted his report to the Commissioner,PR&RE in the reference 5th read above. The Commissioner, PR&RE has communicatedthe enquiry report to the Delinquent Officer calling for his reply. Sri D. Kali hassubmitted his reply on 7.10.99.

6. The Commissioner, PR&RE after consideringthe findings of the enquiry officer on the Articles of Charges and the explanationssubmitted by Sri D. Kali, has forwarded the proposals along with the entire records with arequest to issue appropriate final orders in the matter.

7. As regards the criminal proceedings, the IIIrdAdditional Sessions Judge, Kakinada in Crl. M.P. No. 91/98 in C.A. No. 67/98 dated 1.4.98has only suspended the sentence of imprisonment on the same terms and conditions asimposed by the Lower Court pending disposal of the appeal. However, the Court has notsuspended the conviction of the Delinquent Officer.

8. As regards to the Departmental Proceedings,the Enquiry Officer in his report has stated that there is a misappropriation of Rs.12,24,821/-. It is observed from the report of Enquiry Officer, that both the DelinquentOfficers have jointly misappropriated the above amount by adopting different white collartechniques. The Mandal Parishad Development Officer totally failed to exercise propercheck over utilisation of Government funds.

9. It is further observed from the enquiry reportand also from the records that the Mandal Parishad Development Officer has failed toverify the opening balance in financial transactions. A sort of thorough carelessness isthere on the part of the Mandal Parishad Development Officer. It is unfortunate that eventhe terminal benefits of teachers have been misused. The entire enquiry reveals that allfinancial and administrative norms have been thrown to winds and public funds have beensiphoned in a calculated manner. The irregularities committed by him are indeed grave innature.

10. According to the Rule 25(1) of A.P.C.S. (CCA)Rules, 1991, as amended in G.O. Rt. No. 6421, G.A. (Ser.C) Department, dated 29.12.1993,where any penalty is imposed on a Government Servant on the ground of conduct, which hadled to his conviction on a Criminal Charge, it is not necessary to follow the procedureslaid down under Rules 20 to 24 of A.P.C.S. (CCA) Rules 1991, and Show Cause Notice alsoneed not be issued. Further, according to regulation 17(1) of the Andhra Pradesh PublicService Commission Regulations, 1963, as amended in G.O. Ms. No. 204,

10.G.A. (Ser.A) Department, dated 13.6.2000, itshall not be necessary to consult the A.P. Public Service Commission also for imposingmajor penalty on the employees who are convicted in a Court of Law/ Special Courts forSpecial Police Establishment and Anti-Corruption Bureau cases .

11. In the instant case,the IIIrd Additional Judicial First Class Magistrate, Kakinada, in his Judgement dated6.3.98 in C.C. No. 29/95 has convicted the Delinquent Officers for the offences referredto at paras 3 and 4 above and sentenced them to suffer Rigorous Imprisonment for a periodof 2 1/2 years and to pay a fine of Rs. 5,000/-, in default, simple imprisonment for sixmonths. The appellate court, i.e. the Court of IIIrd Additional Sessions Judge, Kakinadain Crl. M.P. No. 91/98 in C.A. No. 67/98 dated 1.4.98 while observing that the fine amountwas paid, has suspended only the sentence of imprisonment on the same terms and conditionsas imposed by the Lower Court pending disposal of the appeal, but has not suspended theconviction of the Delinquent Officers.

12. The matter has beenexamined, in detail, with reference to the relevant rules / records and it isdecided to dismiss the Delinquent Officer from service apart from recovery of 50% of theentire misappropriated amount, which comes to Rs. 6,12,410.50. However, the Delinquent hasalready remitted an amount of Rs. 6,01,000/- and as such an amount of Rs. 11,410.50 paisehas to be recovered from him.

13. Accordingly, Government hereby order that SriD. Kali, former Mandal Parishad Development Officer, Samalkota, East Godavari District andpresently working as Mandal Parishad Development Officer, Rampachodavaram, East GodavariDistrict be dismissed from service with immediate effect. Government also order that anamount of Rs. 11,410-50 paise ( Rupees eleven thousand four hundred and ten and paisefifty only) be recovered from the Delinquent Officer, Sri D. Kali, if necessary byinvoking the provisions of A.P. Revenue Recovery Act.

14. The Commissioner, PR&RE is requested totake further necessary action accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)

I.Y.R.KRISHNA RAO

SECRETARY TO GOVERNMENT

To

Sri D. Kali, Mandal Parishad Development Officer,Rampachodavaram, East Godavari District.

The Commissioner, Panchayat Raj & RuralEmployment, A.P., Hyderabad. (2 copies with a request to serve a copy on the individualand furnish the served copy to Government)

Copy to :

The Accountant General, Andhra Pradesh,Hyderabad.

The Chief Executive Officer, Zilla Parishad, EastGodavari District, Kakinada.

The PR&RD (Estt.VI/ Accounts.I) Department.

The Director of Local Fund Audit, Andhra Pradesh,Hyderabad.

The District Treasury Officer, Kakinada.

Stock File.

 

//FORWARDED::BY ORDER//

 

SECTION OFFICER