The Chief Commissioner for Persons with Disabilities
Sarojini House, 6 Bhagwan Dass Road,
New Delhi 110001.
Sub: Complaint under Rule 42 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Rules, 1996.
It is to bring to your kind notice that the undersigned is working as Assistant at ICAR- Indian Veterinary Research Institute, Izatnagar, Bareilly, (U. P.) and belongs to physically disabled category and writing to your office against the wrong doings with malafide intentions of few officials and manipulating the promotion of undersigned in lieu of monetary favours.
The whole case is presented in chronological order as following:
- The undersigned had joined as Assistant at IVRI on 27 July, 2012 against direct quota of assistant in PH category.
- Limited Departmental Competitive Examination (LDCE) for one post of Assistant Administrative Officer was announced vide Circular F.35-1/2015-E.1, dated 08th March 2016 and date of examination was fixed in last week of May, 2016 which comes to be 24-28 of May, 2016 at later stage. The undersigned applied for the exam.
- Before the LDCE exam, Sh. Naseer Ahmed, AAO (Establishment-I) of IVRI, Izatnagar deliberately sent the file for Vigilance clearance of applied candidates which is a process to be followed only after the exam required at the time of Departmental promotion committee. When everything was found in order, he conspiring with Sh. Pankaj Kumar, Senior administrative officer (then Head of office) tried to cancel the exam (which may be verified from the mail sent by SAO attached in the file and that also when he was leaving for LTC without citing any legitimate reason for cancellation of examination ).
- With all efforts made by Sh. Ashok Ghosh, Senior Administrative Officer, the LDCE exam was made possible.
- In view of the preparations of the undersigned, AAO (E-I) visited the residence of undersigned and asked for some monetary favours in lieu of conformation of promotion through LDCE. When undersigned showed his reluctance, AAO-E I cited his own example, how he manipulated his own promotion by doing same monetary favours to the same SAO, Pankaj Kumar (then member for DPC in 2013) for evaluation of APAR marks (which were not counted as per DOPT or GOI guidelines) and he also told that in the same way rules may be broken again. He also added that if his name can be added into the merit list by breaking the rules at the time of his LDCE in 2013 then the name of undersigned may also be removed.
When the undersigned insisted that he don’t want to be the party because he has a family to bear expenses, the AAO E-I proposed to get a personal loan from bank which undersigned could easily recover as 7th pay commission is around the corner.
- One week before the said examination AAO (E-1) came to undersigned and sought the advance. The undersigned was still reluctant for the monetary favours and was confident of his preparation and declined the offer of AAO (E-1).
- Then Sh. Naseer Ahmed, AAO E-I started harassing the undersigned by deliberately calling him for giving statement for a case for which prior show cause notice was not given and that also in examination hall on 26-MAY-2016 during the LDCE exam and threatened that the undersigned will be booked under major penalty and this exam will be of no use. As responsible govt servant I appeared before the committee and recorded my oral statement. It is to bring to your notice that enquiry file of undersigned was meant to be initiated from Establishment II section of IVRI but it was initiated by AAO E-I who has vested interest. When I reported this to institute joint staff council members they objected and file was sent to Establishment II section.
- After the exam, AAO E-I insisted the undersigned to give a second thought for the offer for which he added that if he failed to do so, the undersigned will be booked under major penalty and may not get promotion as he will be charge sheeted under CCS conduct rules even though if he gets selected. With all these things happening around, with unstable thoughts, the undersigned discussed everything with his family and for sake of family and career, applied for personal loan on 07th June, 2016.
- After around 20th June, 2016, AAO E-I somehow came to know about the loan passed and asked for advance and also mentioned that result would come in a span of 3-4 days.
- On 29th June, 2016, Sh. G. D. Amola, Finance and Accounts officer, IVRI, Izatnagar met the undersigned in Library building and asked for the details of leave account, specifically mentioning that he being the reporting officer of the undersigned has to fill his APAR and leave account of undersigned is indispensable for filling the APAR.
- On 29th June, 2016, AAO E-I visited the residence of undersigned and congratulated for being the topper in written exam. He reminds of the payment to be made for which the undersigned declined. Then he again reminded that anything is possible in ICAR and especially in IVRI, Izatnagar when the difference in marks is only 3.50 in first and second position.
- In the morning of 30th June, 2016, it was confirmed by many of the staff members that APAR of the undersigned was filled by Sh. G. D. Amola under the influence of Sh. Pankaj Kumar, SAO and Sh. Naseer Ahmed, AAO (Establishment I) in the back dates for which no diary dispatch entry was made as was not possible. The manipulation was done by AAO (Establishment I) as he was also the AAO of CR cell of IVRI, Izatnagar.
(It has been found and confirmed by many that APAR of the undersigned was filled by the reporting officer, reviewing officer on the same day and received in CR cell on the same date i.e. 30th June, 2016)
- On the same day of receiving of APAR report i.e. 30th June, 2016, Departmental promotion committee (DPC) was convened of which Pankaj Kumar, SAO was a member and APAR’s of last three years which were on record as per DOPT Guidelines were to be considered.
The detail of APAR of the undersigned is mentioned below:
|SI No.||APAR’s FY||GRADING||Marks as per rule to be given|
|4.||FY2015-16||Not on record.||NA|
To cover the gap of 3.5 marks as already known to AAO (Establishment I) and also being the AAO of CR cell he excluded the first APAR of Outstanding Grade for FY 2012-13 mentioned at SI No. 01, and presented the APAR of FY 2015-16, which he manipulated to grade as VERY GOOD and thus reducing the marks by extra TWO.
As per OM No. 21011/1/2005-Estt (A)(Pt-II) dated 23rd July, 2009 TEN steps are meant to be followed for finally considering the APAR on record, which were not completed and thus concerned APAR process was not completed.
(Necessary copy enclosed for rule)
In addition to this, the time for representation at Point no. 07 of above mentioned OM has not been given to the undersigned which clearly shows the malafide intentions of AAO E-I and when enquired by staff council members they deliberately justified by saying that it is mandatory in case of adverse remarks which is contrary to many of the supreme court judgements.
It is to kindly bring to your notice that the undersigned was awarded honorarium for all the financial years of his service by the competent authority for work done to implement MIS/FMS system and not even a single memo/advisory was issued by the reporting/reviewing officers which itself is contrary for filling degraded APAR report.
During the LDCE, AAO (E-I & CR cell), and Sh. Pankaj Kumar, SAO, tried their level best to implicate and charge sheet the undersigned even though the undersigned was finally exonerated after DPC.
AAO (E.1/CR Cell) and Sh. Pankaj Kumar, SAO, denied the undersigned the chance of promotion he rightly earned and harass by saying “Govt is giving you enough to enter into mainstream GOI services, what else you need”.
Even to this day, neither the result of examination nor the APAR has been communicated to the undersigned.
The undersigned requests you to kindly order the review of DPC and consideration of only the valid APAR’s as on 30th June, 2016 and as well as recommend Departmental enquiry against all the officials involved in depriving the undersigned the fairly earned promotion and indulging in corrupt practices.
Assistant, MIS/FMS cell,
- Circular No. F.35-1/2015-E.1 dated 8th March 2016.
- Copy of APAR of the undersigned
- DOPT OM No.21011/1/2005-Estt (A)(Pt-II), dated 23rd July, 2009
- Officer Oder No. F.35-2/2015-E.1 dated 30th June 2016 of promotion.
- Copy of Physically Handicapped Certificate of the undersigned
-By Arun Verma
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