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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services- I & CAD Department- Disciplinary action initiated against Sri B. Hari
Prasad, Assistant Executive Engineer, and 12 others for the irregularities in
execution of Handri Neeva Sujala Sravanthi (HNSS) canal including CM & CD works
in package 23 in Kurnool district – Disciplinary finalized - Imposing a penalty of
withholding of one increment without cumulative effect – orders issued.
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IRRIGATION & CAD(SER.X.1) DEPARTMENT
G.O.Rt.No: 188 Dated: 17-02-2012
Read the following:
1. G.O.Rt.No.143, I & CAD (Ser.X.1) Dept., dt. 01.02.2008.
2. G.O.Rt.No.892, I & CAD (Ser.X.1) Dept., dt. 16.7.2008.
3. From the GA(COI-CK) Dept., D.O.lr.No. 1255/COI-CK/A1/2008, dt.
21.01.2010.
4. Memo. No. 19363/Ser.X.1/2006-21, Dt: 04.10.2010
5. Representation of Sri B. Hari Prasad, Assistant Executive
Engineer , NHSS Anantapur, dt. 2-12-2010.
******
O R D E R:
It was brought to the notice of the Government that certain irregularities took
place in the execution of works in package No. 23 of Handri - Neeva Sujala Sravanthi
Project, and Sri B. Hari Prasad, Assistant Executive Engineer , HNSS Anantapur and
12 other personnel of Irrigation Department were responsible for the irregularities.
Therefore Government have initiated disciplinary action against Sri B. Hari Prasad,
Assistant Executive Engineer and 12 others and issued AOCs against them. After
detailed examination of the WSSDs of the Charged officers, the case was entrusted
to the COI appointing Smt. Chandana Khan , IAS, as Inquiry authority to conduct
detailed Inquiry on the charges framed against Sri B. Hari Prasad, Assistant Executive
Engineer ,and 12 others vide reference 2nd read above. The Inquiry officer has
submitted the inquiry report in the reference 3rd read above.
Government after careful examination of the inquiry report, have disagreed with
the findings of the inquiry officer and communicated the Inquiry report to Sri B. Hari
Prasad, Assistant Executive Engineer, under Rule -21, of APCS (CCA) Rules, 1991,
along with the observations thereof with a direction to submit his explanation if any in
the matter within 15 days from the date of receipt of this Memo., failing which it was
to be construed that there was no explanation to submit and further action was to be
taken exparte.
“ As per the MB, the Agency has recorded abstract bill of LS VI & Part bill,
where in the rate for earth work excavation was adopted as Rs. 138/ cum and the AEE
has signed the bill besides the site engineer and General Power of Attorney holder of
the Contractor as token of acceptance of the bill. While submitting the bill to the
Deputy Executive Engineer he has to verify whether the bill was prepared and the
rates adopted are as per the conditions of agreement and as per payment schedule
approved by the Employer. If there was any discrepancy the AEE has to correct or
reject the bill at his level. But the Assistant Executive Engineer has submitted bill to
the Dy. Executive Engineer at a higher rate of Rs. 138/- cum as furnished by the
agency.
Contd… page. 2.//2//
In spite of clear cut agreement conditions the AEE has consciously ignored the
Ann-II Payment schedule incorporated in the agreement and the approved payment
schedule approved by the Superintending Engineer and submitted LS III & Part bill
with earth work excavation rate at Rs. 138/- per cubic meter (instead of Rs. 110.12 per
cum as pointed out by V&E authorities) ignoring the fact that the total amount if worked
out at this rate for this component of work would exceed the percentage specified for
this item in Annexure – II schedule of payment.
In view of the above the charge that the AEE has submitted abstract of bills
(Lump Sum III & Part bill) recommending for payment for earthwork excavation at
higher rate Rs. 138/- cum without considering the approved payment schedule as per
annexure –II payment schedule of agreement which was in violation of agreement
conditions.
As per Section No. 9 of A.P.P.W. ‘D’ code , the measuring officer must satisfy
himself that the work has been done according to the agreement and relevant plans,
measure and record the measurements of the different items of work in a job, at
suitable intervals, in the order of sequence of these items, in a work. In the case of
items of work which are likely to be covered up after some time, (e.g., foundations)
such items should be measured up as soon as each item is completed or reaches as
well-defined and measurable stage and got check measured by the next superior
officer.
The agency has recorded the measurements of the reach in which he was in-
charge of the work in the MB. The Asst. Executive Engineer signed at the end of
the recorded measurements as a token of acceptance of the measurements. During
the physical verification of work by V & E authorities on 23-6-06 i.e after four months of
check measurement of Lump Sum VI & part bill, it was observed that the work in the
reach, was not completed as per the specifications / design section.
As per the levels taken by the V & E staff during their inspection, it was clear
that payments were made for the reaches where work was not completed as designed
sections / levels and agreement conditions. The V&E authorities had also video
graphed the whole reach during their verification of pack: 23 from 26-6-06 onwards.
The Third Party Quality Control authorities have issued quality certificates by
mentioning the canal reaches that the work has been completed as per designs and
specification, though the work was not completed as per agreement conditions (unit
length or designs). The Quality Certificates were issued without verification in the site
and without conducting relevant tests.
Even though, the Third Party Quality Control authorities have issued quality
certificates that work has been completed as per designs and specifications, it is the
prime responsibility of the Assistant Executive Engineer to satisfy himself that the
portion of reaches for which payment was recommended has been completed in all
respects as per agreement conditions and check measure the works. During
recording the measurements if any excess measurements were found recorded by the
agency, such portions of work were to be deleted from the purview of the payment. But
this was not done while submitting the bill.
In view of the above, it was clear that the Assistant Executive Engineer had
signed measurements recorded by the agency for the work knowing pretty well that
the work was not completed at the time of recording the measurements.
Contd.. page. 3.//3//
In the reference 5th read above, Sri B. Hari Prasad, Assistant Executive
Engineer, has submitted representation stating that the EPC system was a new one,
and there was no excess payment was paid to the contractor, and there was no
financial loss to Govt. as observed by the Inquiry Authority. He has therefore,
requested to exonerate him from the charges .
Govt. after careful examination of the matter, has decided, and hereby order to
impose a penalty of withholding of one increment without cumulative effect on Sri B.
Hari Prasad, Assistant Executive Engineer for the irregularities in execution of
Handri Neeva Sujala Sravanthi (HNSS) canal including CM & CD works in package 23
in Kurnool district, as the explanation submitted by the C.O to the show cause
notice was not convincing .
The Engineer-In-Chief (Admn.Wing) I & CAD Department, Hyderabad, shall
take necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)
SHAILENDRA KUMAR JOSHI
PRINCIPAL SECRETARY TO GOVERNMENT
To
Sri B. Hari Prasad, Assistant Executive Engineer
through the Engineer-In-Chief (Admn.Wing) I & CAD Dept.,
Hyderabad.
Copy to :
The Engineer-In-Chief (Admn.Wing) , I & CAD Dept.,
Hyderabad.
//FORWARDED: : BY ORDER//
SECTION OFFICER