Chief Engineer PHE, Jammu shall recover the amount Rs.1,63,60,143 from Nikhil Gandral I/c Senior Assistant, the then Cashier
Avinash Azad
Yet in another instance of zero tolerance to corruption, the LG Administration has terminated the services of a Cashier of the Jal Shakti Department (JSD) and also initiated a Regular Departmental Action (RDA) against the Officers/Officials of PHE City Division-Ist, Jammu in connection with financial irregularities including 3 XENs and 5 AEEs.
According to Government Order No. 215-JK (JSD) of 2023, dated 09.09.2023 NikhilGandral, Senior Assistant (the then Cashier), PHE City Division-Ist, Jammu, dismissal from the service under Article-311(2) of the Constitution of India, while order No. 214-JK(JSD) of 2023 dated 09.09.2023 RDA initiated against Harvinder Singh the then I/c XEN PHE City Division-1, Jammu, Surinder Abrol the then I/c XEN PHE City Division-1, Jammu, Vijay Sharma the then I/c XEN PHE City Division-1, Jammu, Chander Shekhar Khajuria, the then I/c AEE PHE Sub Division, Dhounthly, Rajneesh Kohli the then I/c AEE PHE Sub Division, Dhounthly, Chander Shekhar Khajuria the then I/c AEE PHE Sub Division, Muthi, Rajesh Sethi the then I/c AEE PHE Sub Division, Bakshi Nagar and Sudhir Singh the then I/c AEE PHE Sub Division, Sitlee.
Earlier, vide his letter No. PHEJ/GE/5711-14 dated 03.07.2023, the inquiry officer appointed by the government into the embezzlement of Rs 1,63,60,143, has directed Nikhil Gandral to attend his office on 06.07.2023 at 11.00 AM and upon attending the office, Gandral was again asked to furnish reply within five days to proceed further in the matter.
In response, General sought copies of all the related documents, and 68 leaves of documents were handed over to him vide communication No. C/JSD/PHEJ/PS/2183-85 dated 24.08.2023 on 25.08.2023. Gandral submitted in his reply on 29.08.2023 that “I am facing criminal proceedings for the same case before the Court, therefore I am not in a position to submit any reply at the stage, as it may hamper my chances before the Court to succeed in the case”.
“Taking note that Gandral has failed to submit the reply to the charges framed against him i.e. of misappropriation of Government Money with malafide intentions by abusing his official position, the case was placed before the Competent Authority who, holding the charges to be proved against him, has decided to dismissal him from the service of the State which ordinarily disqualifies from future employment, recovery of the whole of the pecuniary loss caused to Government i.e. the embezzled amount, and, for this purpose, confiscation of any money due to him and the rest as arrears of land revenue”, the Govt order read and added that the Chief Engineer PHE, Jammu shall recover the amount to the tune of Rs.1,63,60,143from Nikhil Gandral I/c Senior Assistant (the then Cashier),
PHE City Division-Ist, Jammu and remit the same into the Government Treasury in relevant Major Head under an intimation to this department, in terms of Rule 33 (4) of GFR, 2017.
Meanwhile, vide letter No. PHE, I&FC/HRM/740/2019 dated 31.12.2019, the department requested Senior Superintendent of Police, Crime Branch, Jammu to lodge an FIR against the accused official namely Nikhil Gandral, Senior Assistant (working as Cashier in PHE City Division-Ist, Jammu) for embezzlement of government revenue; and vide Memorandum dated 29.09.2020, Article of Charges, Statement of imputation were served to the three XENs and five AEEs including cashier Nikhil Gandral.
On the recommendations of the Inquiry Officer appointed for the purpose, vide Government Order No. 99-JK(JSD) of 2021 dated 30.04.2021, the charges leveled against Surinder Abrol, the then I/c Executive Engineer, PHE City Division-Ist, Jammu, Vijay Sharma, the then I/c Assistant Executive Engineer PHE Sub-Division, Dhounthly, Chander Shekhar Khajuria, the then I/c AEE PHE Sub-Division, Dhounthly and Muthi, Rajneesh Kohli, the then I/c AEE PHE Sub-Division, Dhounthly, Rajesh Sethi, the then I/c AEE PHE Sub-Division, Bakshi Nagar and Sudhir Singh, the then I/c AEE PHE Sub-Division, Sitlee of PHE Department were dropped.
Subsequently vide Government Order No. 98-JK(JSD) of 2021 dated 30.04.2021, pending enquiry, Harbinder Singh Behl, the then I/c Executive Engineer, PHE City Division-Ist, Jammu was attached in the office of Chief Engineer, I&FC Jammu; and, in the meantime, the Crime Branch Jammu vide communication No.CBJ/R/FIR-02/2020/21/20244-45 dated 16.08.2021 recommended initiation of Departmental Inquiry against Harbinder Singh Behl, the then Executive Engineer, and Deepak
Sharma, the then AAO, PHE City Division-Ist, Jammu; and vide communication no. PHE/I&FC/HRM/740/2019 dated 18.01.2022, memorandum, Article of Charges and Statement of imputation were served to Harbinder Singh Behl, the then Executive Engineer, PHE City Division-Ist, Jammu and Deepak Sharma, the then AAO, PHE City Division-Ist, Jammu; and both the charged officer/official have furnished their replies which were examined in the department and subsequently, vide Government Order No. 65-JK(JSD) of 2022 dated 05.04.2022.
The report of the Inquiry Officer observed Harbinder Singh, the then Executive Engineer, that Revenue receipts have been left unaccounted for a significant period, creating an opportunity for embezzlement. The Executive Engineer holds the responsibility for reconciling accounts with relevant authorities to prevent misappropriation.
Deepak Sharma, the then Assistant Accounts Officer (AAO) was not directly involved in cash collection or treasury deposits in the division, While not directly responsible for the embezzlement, the AAO did not effectively implement proper financial checks and oversight. Monitoring revenue collection was within the AAO’s responsibilities, and it should have aligned with the divisional expenditures. The matter needs to be escalated to the Finance department for appropriate departmental action against the AAO for the failure to apply necessary financial checks, thus allowing the embezzlement to occur.
The inquiry report along with the observations above were placed before the Competent Authority who has decided to impose a penalty of “withholding of three increments and consequent promotion(s) thereof” in terms of Rule-30 (iii) of J&K Civil Services (Classification, Control, and Appeal) Rules, 1956, upon Harbinder Singh Behl, the then I/c Executive Engineer (now retired) and; in respect of Shri Deepak Sharma, the then AAO, refer the case to the Finance Department, as the officer is borne on the cadre of the said department for further necessary action. Now, therefore, in terms of Rule-30 (iii) of J&K Civil Services (Classification, Control and Appeal) Rules, 1956 a penalty of “withholding of three increments and consequent promotion(s) thereof” is hereby imposed upon Harbinder Singh Behl, the then I/c Executive Engineer, PHE City Division-Ist, Jammu (now retired).
