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More,
P.No. 93804-W,
C.No.37/Systems Dept,
Chargeman, Pipe Fitter,
Naval Dockyard, Gun Gate,
Mumbai-400001
Aug 2017
Respected sir,
(Through proper channel)
InmyletterIhavespecificallystatedthat, Whilecommutingfrom
KolkatatoNewJalpaigudi,on10th November2016,duringmyAll
India Tour under LTC, inDarjeelingMail,atabout03.30Hrs.,
someone,withusingcriminalforce,snatchedmybagcontaining
NavalDockyardEntryPass,Mobilephoneandcash(Rs.5500/-)and
jumpeddownfromtherunningtrain.Healsosnatchedthewalletof
one of my co-passenger. After reaching at Jalpaigudi, weboth
registeredourcomplaintsregardingthesameinNewJalpaigudi
RailwayPoliceStation(CopyEnclosed). I informedthesametothe
ChiefSecurityOfficer,NavalDockyardMumbaiafterreportingback
to my duty.
It is therefore incorrect to mention in the above referred
memorandumthatIwasnegligentandcarelessandIfailedto
ensuresafecustodyofmyPermanentidentityCard,whichwas
issuedtomeforentryinNavalDockyard,Mumbai,whichisa
prohibited defence area.
Itisfurtherincorrecttomentioninthereferredmemorandumthat
the act on my part is unbecoming of a Government Servant.
Itisthereforerequestedthataninquirymaypleasebeordered
underRule16(1-A)oftheCCS(CCA)Rules1965inrespecttothe
charges leveled against me.
GROUNDS.
(i) ThepenaltyawardedbydisciplinaryauthorityvideorderNo.
DYT/SYS/PRS/C37/93804W dated 10 Jul 2017 is not only illegal
unjust, unfair andfromfreeflowingoflegalinfirmitiesbutalsoperverse
and bad in law and prejudiced in nature.
(ii) The Disciplinary Authority have not applied its mind while
issuing the Charge memorandum and the punishment order.
(iii) TheDisciplinaryAuthorityfailedtogiveanequalopportunity
as demandedbytheDGS/appellant.Thushavenotinstitutedprinciples
of natural justice and procedural fairness.
(iii) There are charges namely Negligent, careless and
unbecoming ofgovernmentservantframedagainstme.Butinfactnone
of them isprovedandheld.Asfarasthechargesleveledagainstmeare
concerned, I have not failed to take proper care of the said IAFZ 3049,
entry pass.
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IwasverycarefulandhadgivenenoughattentiontothesaidEntry
pass. The said Naval Dockyard Pass was carefully kept along with my
Mobilephoneandcash(Rs.5500/-)inasmallleatherbagwhichhasbelt
worn around my neck with all due precautions.
An unknown person, with using criminal force, has snatched my
bag and run away is incident of Theft [Section378inTheIndianPenal
Code,378.Theft-Whoever,intendingtotakedishonestlyanymoveable
propertyoutofthepossessionofanypersonwithoutthatperson'sconsent,
movesthatpropertyinordertosuchtaking,issaidtocommittheft.],the
said incident was beyond my control. Theft of anything is always
unwarranted and uninvited by the victim/DGS. The said items stolen
havebeentakenwithouttheconsentofthepersoninpossessionofiti.e.
DGS.IssueofsuchpunishmentordertotheDGSbeingvictimofTheft,is
nothing less than further victimisation / harassment. It is difficult to
understandhowadepartmentalpunishmentappliedwheretheofficialis
victimised by any of such criminal offence.
After the said untoward theft incident the DGS/ appellant has
approachedtheappropriatelawfulauthority(PoliceStation)toreportthe
theft incident so as to recover the lost items so there is no any
misconduct on my part, there being no malafide intention.
This action sufficient to prove that I was neither negligent nor
carelessinthesaidincident.AlsoIhavecompletednecessaryactionsas
percauseofactionandformalitiesattheplaceofincidentaswellashave
informed thepassissuingauthorityaboutitslossintheftsoastoavoid
any misuse of the said pass, therefore I have acted upon with
responsibility which amply substantiates that I have not acted as
unbecoming of government servant.
(iv) ItwillalsobeappreciatedthatthecostoftheNavalDockyard
entry pass (IAFZ 3049) has been recovered from me as per the
instructionsonthefrontpageofthepassthusissuingsuchpunishment
order to me for loss of the same in a Theft, would amount to Double
jeopardy. I may also seek support to my submissions fromtheorderof
Honble Principal Bench Central Administrative Tribunal in an OA No.
2055/2006, decided on 05.11.2007.
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(v) The punishment order is vague and infructuous because it
has given punishment for 03 Year, in a prospective date w.e.f. 10 Jul
2017, whereas the appellant is due for superannuation on 31st May 2019.
7. Appellanttherefore,praysyourhonourwithfoldedhandstokindly
consider the appeal sympathetically taking into consideration of the
lawful submissions made above. It is further requested that the said
penalty Order may kindly be set aside and I may please be exonerated
from the said charges.
8. Appellantshallbehighlyobligedof,ifpersonalhearingisgranted
to him for proving his innocence before your final decision against the
appeal. For this act of kindness, the appellant shall remain lifelong
indebted to your good self.
Thanking you in anticipation.
Yours faithfully,
( Shri. Kashinath V More)
Encls : As above
Copy to:
The Admiral Superintendent,
(Disciplinary Authority),
Naval Dockyard, Mumbai- 400 023.
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