Dhaka Power Distribution Authority Winded Up File
Through
The Appropriate Authority
To,
Chairman (In
Charge)
Winded Up Dhaka
Power Distribution Authority
And
Addiyional
Secretary (Administration)
Power Division
Power, Fuel And
Mineral Resource Ministry
Bangladesh
Secretariat, Dhaka.
Dhaka- 1000.
Subject- Application
For Giving Exempt Instead Of Not Stopping Yearly Salary Increase Permanently.
Dear Sir,
A salary increase
has been stopped through the letter of the authority in reference no- DESA/Ta:Shri:/562/2005/07,
Date- 20/08/2008 AD as because of not complying my duties. My statement
regarding that matter is given in below-
The complain case
which was against me as mentioned in below-
You Abdul Mannan
Mia, Executive Engineer, Development Division- 2, before joining in DESA in
Dakkhin Khan in 33/11 Kebi Upakendra area to set up cable in office order no-
nipra/ubi-2/425/2003/45, in dated- 09/04/2003 AD in its work 6000 meter cable
has been provided though 4700 meter cable was needed which is not realistic. The
relevant contractor has been provided additional 1300 (one thousand three
hundred) meter cable. As a result the materials was preserved to the contractor
was almost 24,00,000.00 (forty lakhs) taka. You as soon as joined in that
office regarding the matter you are informed. As per above mentioned
description your answer was asked on that, you are though informed regarding
the matter you have not taken any steps/ initiatives to preserve the interest
of DESA by this bigger stealing incident of DESA. To accomplish the above mentioned
work or you have tried to hide misdeeds of the contractor which is the part of
the non skilled. As a result DESA has become financially damaged. In answering
the above mentioned question Bangladesh Power Board in its job regulation as
per section no- 138 (A) and (C) of which is to be followed by DESA) of job
regulation, 1982 you have been made complained as because of the liability of
misbehaving and making not complying in the work. Its reference is no- DESA/pari(prosha:)/sha-5ta:shri:
562/1005/1708, on dated 19/07/2006 AD. To onvestigate the above mentioned
complain Mr A. S. M. Manzur Ul Ahsan, Engineer In Charge, Planning Circle, DESA
has been appointed as the investigation officer. The investigation officer
given reference is no- ta:/pra:/pari/sha:-112/2006/285 on dated- 19/1106 as I
have been told to give the explanation of the incident I have given explanation
last dtaed 26/11/2006 AD (copy is attached). There is to be mentioned that, the
complaint against me is that, "Why I was unable to get [aid 24,00,000.00
(twenty four lakhs) taka of the 1300 meter meter cable price from the
contractor as I was in the duty of my job".
Sir,
The complain case of
the authority is not right. Because as I was in the duty of my job though I
have contacted with the contractor and authority as I have taken steps to the
mentioned amount of money from the contractor. (The asking letter from 1 to 7
and final asking letter is given). Regarding that matter the above mentioned
contractor to give back the rest amount of materials to the department last dated
06/10/2003 AD a letter has been sent which is memorandum no- nipra/y:bi-2/DESA/2003/hi-425/115.
Later on dated 17/06/2004 AD on that dated in memorandum no- nipra/u:bi-2/DESA/2004/hi-425/372
and on dated 16/08/2004 AD which is memorandum no- nipra/u:bi-2/DESA/2004/hi-425/25
and 3rd asking letter has been sent. As per the above mentioned letter the
contractor on dated 17/08/2004 AD the materials within the next two months will
give back to the department as has been told in the sent letter.
Later on dated
23/03/2005 AD which is memorandum no- nipra/u:bi-2/DESA/2005/hi-425/438, in
dated 27/08/2005 AD which is memorandum no- nipra/u:bi-2/DESA/2005/hi-425/558,
on dated 29/09/2005 AD which is memorandum no- nipra/u:bi-2/DESA/2006/hi-425/732
the final asking letter has been sent regarding that matter the contractor on
dated 01/03/2006 AD, as asking time till dated 15/05/2006 AD by sending a
letter but I am as has told him it is not possible to give time and dated
02/04/2006 AD the letter has been sent on dated 02/04/2006 AD which is
memorandum no- nipra/u:bi-2/DESA/2006hi-425/770 through this letter I have made
him to be informed therefore.
Page
No- 2
As because of continuous
pressure and sending letter last dated 16/04/2006 AD through pay order (pay
order no- 43561 on dated 16/04/2006 AD in Pubali Bank, Asad Gate Avenue Branch,
Dhaka) 4,00,000.00 (four lakhs) taka and by the check no- 6351847 on dated
30/04/2006 AD, Pubali Bank, Asad Gate Avenue Branch, Dhaka, 10,00,000.00 (ten
lakhs) taka and rest of the amount of money of 10,00,000.00 (ten lakhs) taka by
the cjeck no- 6351848 on dated 30/04/2006 AD to pay through check is submitted
to DESA chairman (which is received in chairman office in no- 1084 on dated
16/04/2006 AD copy is attached). Regarding the booking cable of additional 1300
meter cable as per office order as mentioned above the engineer in charge will
be able to say correctly, because regarding that incident which has occurred
before I have joined in this department.
There is to be
mentioned that as because of my continuous efforts the contractor last dated
16/04/2006 AD through pay- order and check after long time of 45 days later of
payment meaning on dated 30/05/2006 AD there has been asked answer against me
that I have failed to get paid from the contractor which is completely
illogical.
Dear Sir,
At the time I was
in duty in Development Department- 2 through contact appropriately with
contractor and authority after taking steps to getting paid taka of above
mentioned cable and completely illogically and becoming unbiased the punishment
on me has been imposed, which is very regretful and which is not wanted at all.
Regarding the
punishment which has imposed on me I am last dated 21/08/2008 AD to the
chairman, Dhaka Power Distribution Authority and later on dated 30/06/2009 AD
and on dated 07/10/2018 AD to the chairman (in charge) Dhaka Power Distribution
Authority and Joint Secretary (Administration) Power Department, Power, Fuel
and Mineral Resource Ministry to get exempt the above mentioned punishment
there has been applied. But till dated today as no decision has been made
therefore I have become damaged financially to get received the retirement
pension, which is not wanted at all as well.
In that situation I
am complying my duty correctly making paid the price of the materials by the
contractor the illogical, biased punishment meaning a yearly salary increase
has been stopped permanently which is completely illegal. Therefore, the above
mentioned yearly salary increase stopping permanently; giving me exempt saving
me from the financial damage and to establish the truth and law there is
sincerely requested to you thereof.
Sincerely,
Sd/
Illegible
(Abdul
Mannan Mia)
Executive
Engineer (Retired)
The
Winded Up DESA, Dhaka.
Attachments-
1. Copy of answer
letter, which is reference no- DESA/pari(prosha:)/sha-5/ta:sri-562/2005/1620,
Date- 31/05/2006 AD.
2. Copy of answer
letter, which is reference no- DESA/pari(prosha:)/sha-5/ta:sri-562/2005/1707,
Date- 17/09/2006 AD.
3. Copy of answer
which is sent to the Investigation Officer.
4. Copy of
punishment letter, which is reference no- DESA/ ta:sri-562/2005/07, Date-
20/08/2008 AD.
5. Copies letters
in different times which are sent to the contractor, memoranrum no-
nipra/u:bi-2/DESA/2003/hi-425/115, nipra/u:bi-2/DESA/2003/hi-425/372,
nipra/u:bi-2/DESA/2003/hi-425/25, nipra/u:bi-2/DESA/2003/hi-425/358,
nipra/u:bi-2/DESA/2003/hi-425/438, nipra/u:bi-2/DESA/2003/hi-425/558,
nipra/u:bi-2/DESA/2003/hi-425/596, nipra/u:bi-2/DESA/2003/hi-425/732, nipra/u:bi-2/DESA/2003/hi-425/770,
Date- Respectively- 06/10/2003 AD, 17/06/2004 AD, 16/08/2004 AD, 22/03/2005 AD,
25/05/2005 AD, 27/08/2005 AD, 29/09/2005 AD, 26/02/2006 AD and 20/04/2006 AD.
6. Copies of answer
letters given by the contractor.
7. Copies of check
and pay- order including letters given by the contractor.
8. Copies of
registrar which is received by the honorable chairman.
9. Copies of
registrar which is received by the honorable Engineering and Commercial Member.
Page No- 5
To,
S.
M. Manzur Ul Ahsan
Engineer
In Charge
Planning
Circle, DESA.
And
Investigation
Officer.
Subject-
Answer Of Complain Letter In Defense Department.
Reference
No- 1. DESA/pari(prosha)/sha-5/ta:sri: 562/2005/1708, date- 19/07/2006 AD.
2.
Ta:pr:/pari:/sha:-112/2006/285, date- 19/11/2006 AD.
As
per above mentioned reference and subject there is describing on that, You are
Abdul Mannan Mia, Executive Engineer, Development Department- 2, DESA before
joining in the mentioned office situated in Dakkhin Khan, 33/11, Jevi,
Upokendra Area to set up cable in office order no- nipra/ubi-2/425/2003/45 on
dated 09/04/2003 AD in its work 6000 meter cable has been provided instead of
it was needed 4700 meter cable which is not realistic. The relevant contractor
has been given additional 1300 (one thousand three hundred) meter cable. As a
result the materials to the contractor was preserved approximately 24,00,000/-
(twenty four lakhs) taka. You are after joining in the mentioned office
informed regarding this issue. As per above mentioned discussion regarding that
you have been asked on that, you are though informed regarding the matter you
have not taken any steps/ initiatives to preserve the interest of DESA by this
bigger stealing incident of DESA. To accomplish the above mentioned work or you
have tried to hide misdeeds of the contractor which is the part of the non
skilled. As a result DESA has become financially damaged. In answering the
above mentioned question Bangladesh Power Board in its job regulation as per
section no- 138 (A) and (C) of which is to be followed by DESA) of job
regulation, 1982 as because of your misbehaving and not complying job duty you
have been made complaint. The answer of of complain letter is presented in
below.
I
am last dated 05/07/2003 AD (in the evening) in development department- 2, DESA
meaning in the present workplace I have joined. After the joining I have been
informed on that DESA reference no- DESA/pari(prosha)/sha-5/ta:sri:, 562/2003,
Date- 16/09/2003 AD on the above mentioned work an investigation committee has
been constructed. At the time of investigation by the investigation committee I
have always supported in the investigation activities. At the time of
investigation following my duty appropriately and for complying the duties
after the investigation I have waited for the investigation report. As per the investigation
report I have been informed on that, for the above mentioned work there has
been booked 600 meter cable in favor of the contractor though there is needed
4700 meter cable in realistic. Rest of the 1300 meter cable was preserved to
the contractor. For the sake of the work of the authority meaning to preserve
the interest of DESA for the purpose to rescue rest of the 1300 meter cable I
have taken appropriate steps and I have contacted with contractor. If the contractor
is failed to submit the cable then from this office in memorandum no-
nipra/y:bi-2/DESA/2003/hi-425/115. Later on dated 17/06/2004 AD on that dated
in memorandum no- nipra/u:bi-2/DESA/2004/hi-425/372 and on dated 16/08/2004,
respectively through 1st, 2nd and 3rd letters (copies are attached) to the
contractor to submit those of the mentioned materials in the fund of DESA as
per official regulation there is requested. As a result the contractor as
pressure has been given respectively in 1st, 2nd and 3rd times last dated
17/08/2004 AD by the letter to the contractor the office has been made informed
on that within 2 (two) months the above mentioned cable will submit in the fund
of DESA.
Roo
No- 3508.
Date-
26/11/2006 AD.
Page No- 6
(Copies
are attached). But after the exceed of 2 (two) months the contractor as has
been given pressures again and again the above mentioned cable has not been
submitted. Top rescue the assets of the authority in reference no- nipra/ubi-2/DESA/hi-425/2005/358,
Date- 22/03/2005 AD, and nipra/uni-2/DESA/hi-425/2004/438, Date- 25/05/2005 AD,
as per 4th and 5th letters the pressures have been given in that situation last
dated 26/05/2005 AD through a letter to the above mentioned contractor
organization regarding that has been informed that, within dated 30/07/2005 AD
(copies are attached) the above mentioned cable will submit to the departmental
fund of DESA. After exceeding the dated of 30/07/2005 AD the contractor the
above mentioned cable though has not been submitted to the find if DESA in
reference no- nipra/ubi-2/DESA/hi-425/2005/558, Date- 27/08/2005 AD and
nipra/ubi-2/DESA/hi-425/2005/596, Date- 29/09/2005 AD, the 6th and 7th pressure
letters have been given (copies are attached) and they have also been told on
that against them the lawful steps such as making complain case the steps will
be taken. later honorable member in his office memorandum no- DESA/shodossha
(pro: and ba:)/1.28/2006/176, Date- 23/02/2006 AD, against the contractor
organization to make complain case the instruction has been given (copies are
attached). Accordingly, the contractor organization M/S A. R Engineering
Associates, reference no- nipra/ubi-2/DESA/hi-425/2006/732, Date- 26/02/2006 AD
the final pressure letter has been sent (copies are attached) and within 3
(three) days of receiving letter if the materials are not submitted in the refund
of DESA against them there will be make complain case telling that in the
mentioned letter has been informed. In that situation M/S A. R. Engineering
Associates last dated- 01/03/2006 AD by the letter within dated 15/05/2006 AD
they will submit cable in store as has been informed (copies are attached) and
there has been requested for not to make any complain cases against them. They
have also mentioned through the letter on that, if they are within the next
dated 15/05/2006 AD cables are not submitted in the store then as per attached
list in different sections of DESA from the implemented works from bills and
security amount of money the money of the mentioned cable cable will be
adjusted and there the contractor will not be able to make any types of
objection (copies are attached). The request letter of the contractor for
taking the later decision is presented to the higher authority. The authority
as has not accepted that in reference no- nipra/ubi-2/DESA/hi-425/2006/770,
Date- 02/04/2006 AD by sending letter within 3 (three) days the above mentioned
materials if not submitted in the fund of DESA then against the contractor
there will be able to make complain case again telling that the contractor has
been informed by the letter (copies are attached).
As
per DESA reference no- pari(prosha)/shakha-5/ta:sri562/2005/1500, Date-
27/10/2005 AD, as for price of the above mentioned cable of 24,00,000/- (twenty
four lakhs) taka for the purpose to get paid I have taken appropriate and
effective steps. So the contractor last dated 16/04/2006 AD to the honorable
chairman, DESA has been applied on that, DESA reference no- pari(prosha)/shakha-5/ta:sri562/2005/1500,
Date- 27/10/2005 AD, as for the price of the above mentioned cable 24,00,000/-
(twenty four lakhs) taka is agreed to pay (copies are attached). Accordingly the
contractor pay- order no- 435613, Date- 16/04/2006 AD in Pubali Bank, Aasad
Avenue Branch of its 4,00,000/- (four lakhs) taka with the application letter
of a pay- order has been attached and rest of 20 (twenty lakhs) taka among them
10,00,000/- (ten lakhs) taka on dated 30/04/2006 AD (Check no- 6351848, Pubali
Bank, Asad Avenue Branch, Dhaka) making promise to pay separate 2 checks have
been provided (copies are attached). As per instruction of honorable chairman
to get paid cable price from the contractor the system I have presented to
senior authority therefore.
Page No- 7
Regarding
that matter the honorable project director as has got 9th and 10th including
Additional Engineer, Planning and Sketch and with the project manger there has
been discussed. As per dicussion already in the office reference no- nipra/ubi-2/DESA/hi-425/2006/05,
Date- 03/07/2006 AD and reference no- nipra/ubi-2/DESA/hi425/2006/68, Date-
23/08/2006 AD, accordingly in the preservation to contractor the rest of the
materials of its price 20,00,000/- (twenty lakhs) taka only through pay- order to
make payment again to the contractor organization 2 (two) times letters have
been sent (copies are attached). There within the specified time the contractor
as has not paid the price in the office reference no-
nipra/ubi-2/DESA/hi-425/2006/138, Date- 08/11/2006 AD the 3rd pressure letter
has been sent (copies are attached). As a result last dated 15/11/2006 AD, the
contractor within the dated 14/12/2006 AD 10,00,000/- (ten lakhs) taka only to
pay through pay- order and rest of the amount of money of 10,00,000/- (ten
lakhs) taka only in different offices of DESA against the running work of the
contractor from the due bill and security deposit to make adjusted there has
been requested regarding that letter has been sent (copies are attached), which
has been sent to the senior authority for the kind consideration.
In
personal initiate with the contractor again and again though the pressure
letter has been sent and against them the initiative to take lawful steps have
been taken meaning for the preservation of interest of DESA as the steps have
been taken among the price of the cable of 24,00,000/- (twenty four lakhs) taka
have become possible to get paid and rest of the amount of money of 20,00,000/-
(twenty lakhs taka) only the efforts are in continuous to have been paid as
well.
In
the above discussion the detail explanation has been given on that, I am after
getting the duty as executive engineer by the personal initiative for the sake
of preservation interest of DESA as the right steps have been taken so the
related contractor the total price of the quoted cable has not become agreed to
refund the price, already the partial price as for 4,00,000.00 (four lakhs
taka) through pay- order has been paid. As per the above mentioned description
it has been proved that, I have already taken steps to bring back the
additional cable and nothing out of rules have been made. I am for long time of
24 years sincerely and cordially has been following the duties which have been
given to me. In this long time against me no complain has been presented. For the
above mentioned work skill I have received the admiration from the senior
authority.
Therefore,
the complain which has brought against me there is requested to withdraw the
complain. There is to be mentioned that, regarding this subject I am interested
to provide personal hearing.
Sd/ Illegible
Date- 26/11/2006 AD
(Abdul Mannan Mia)
Executive Engineer
Development Department- 2, DESA.
Page No- 8
Mr
Abdul Mannan Mia, Executive Engineer (Temporary Terminated), General Manager,
Client Service (South) Office Of His Personal Hearing.
Question
No- 1: What is your name and designation?
Answer-
Abdul Mannan Mia, Executive Engineer.
Question
No- 2: You have joined in Development Department and till which date you were
in working in your designation?
Answer-
From dated 05/07/2003 AD to 17/12/2006 AD.
Question
No- 3: Office order no- ni:pra:ubi-2/425/2003/45, date- 09/04/2003 AD , there
has been provided 6000 meter cable as per demand letter though there was needed
4700 meter cable, what is the reason?
Answer-
Before my joining the demand of the cable has been fulfilled. So I do not know the
reason of it.
Question
No- 4: Without the wok measurement as per demand letter cable is provided and
to the related contractor additional 1300 meter cable has been provided and
what is the reason for setting up those cables?
Answer-
The subject about the demand letter is before the date of my joining so
regarding the subject I do not know.
Question
No- 5: How many times and how much cable
was issued to the contractor mentioned with dates?
Answer-
There is seen in the information cables have been issued in two times. The dates
of issuances are respectively 27/05/03 AD 4 kilo meter (coper) and 25/06/2003
AD 2 kilo meter (aluminum).
Question
No- 6: In reality after the work 1300 meter cables which were preserved to the
contractor what are the steps have been taken to rescue/ get back those in the
fund of DESA? The work to set up 4700 meter cables when will be ended? Are the
cable lines are running?
Answer-
The subject as I have been informed so the contractor has been sent letter. On
dated 18/08/2003 AD with the investigation committee I have seen three cables
are in laid down, among them 1 cable is running and other 2 cables are not
running yet.
Question
No- 7: First when the letter has been sent to give back the materials? Secodn
and third letters when is given to the contractor? When you have been informed
to your senior authority regarding not giving back cables by the contractor?
Attach with proves?
Answer-
The first letter is sent to give back the materials to the contractor on dated
06/10/2003 AD in reference no- nipra/uni-2/DESA/2003/hi-425/115/ 2nd and 3rd
letters are sent respectively 17/06/2004 AD and 16/08/2004 AD which is reference
no- respectively nipra/ubi-2/DESA/hi-425/2004/372 and
nipra/ubi-2/DESA/hi-425/2004/25. The senior authority is also sent every letter
which are sent to the contractor meaning the office of project director the
copy is given.
Question
No- 8: For giving back cables what are the reasons to send letter in late?
Answer-
Regarding that matter the investigation team by the DESA authority last dated
18/08/2006 AD as has come to my area for the visit purpose I have known
regarding the subject. The subject as I have discussed with senior authority
letter has been sent to the contractor.
Page
No- 23
(Monogram)
M/S A.
R. Engineering Associates
(1st
Class Government Electrical and Civil Contractor and Suppliers
150/9/2,
East Rayer Bazar, Dhaka- 1209, Phone- 9111413, 013-224031
Chairman
Dhaka Power
Distribution Authority
No- 1, Abdul Gani
Road,
Dhaka.
Subject- Regarding
To Pay Price Of The Products Instead Of Giving Back The Rest Of The Products
Against The Office Order.
Reference- 1.
Office Order No- Nipra/ubi- 2/DESA/hi-425/2003/45, date- 09/04/2003 AD.
2.
DESA/pari(prosha:)/shakha-5/ta:sri:562/2005/1500, date- 17/10/2005 AD.
3.
Nipra/ubi-2/DESA/2006/hi-425/770, Date- 02/04/2006 AD.
Dear Sir,
Former P and S Department,
Uttora, DESA under its Dakkhinkhan, 22/11 Kevi and Uttora, 33/11, Kebi
Upokendra under the loaded feeders for the dividing of 3X185 square meter
cables having been set up and H.T/L.T line for the purpose of construction by
the reference no- 1 in favor of our organization the office order has been given.
As per instruction of engineer in charge the work to set up cables is accomplished.
Rest of the materials of the work in the department of DESA in its fund to
submit the order from engineer in charge has been received. But as I have
become in illness after long times later of becoming well I have been known
that, the cables which were preserved in the store and other materials have
become out of the store. As a result we have become unable to submit the rest
of the materials in the fund of DESA. As per reference no- 2 as rest of the
materials have not been submitted so from the office of the administration
through the letter from the bills of DESA of our organization as for price of
rest of the materials of 24,00,000/- to make adjusted the order has been given
from the office of Additional Director, Local Account Office. As per reference
no- 3 if the rest of the materials are not submitted within 3 (three) days of
the letter against our organization there will be made complain case.
Honorable sir, we
are working for long times of DESA with reputation. As because of my physical
illness our people among the rest of the materials of the mentioned work 1300 meter
cables as has made disappeared so I have become faced very problems. At present
though I have made a lot efforts no clue is made regarding the above mentioned materials
which is thinking the reputation of our organization instead of the rest of the
materials as per reference no- 2 as for price of the rest of the materials of
24,00,000/- (twenty lakhs taka) only is interested to pay in the account of
DESA. But as per reference no- 2 in the local office many payments as have not
been paid so the total amount of money was unable to pay at one time. At
present we are to the DESA of 4,00,000/- (four lakhs taka) a pay- order which
is no- 4365163, date- 16/04/2006 AD,Pubali Bank, Laboratory Road Branch, Dhaka
has been paid. On the next dated 30/04/2006 AD a 10,00,000/- (ten lakhs taka)
check (which is check no- 6351848, date- 30/06/2006 AD, Pubali Bank, Asad Avenue
Branch, Dhaka, a check is paid. There is to be mentioned that, in the mentioned
date 30/04/2006 AD the money of the given check in that date has been paid
through pay- order.
Therefore, the
sincere request to the honorable sir is that, in the mentioned way instead of the
materials to pay the price giving us opportunity and to withdraw the decision
to make complain case against our organization is to be in your kind
consideration thereof.
Sincerely,
Yours
Faithfully,
M/S A.
R Engineering Associates
Proprietor-
Afzal Hossen.
150/9/2,
East Razar Bazar, Dhaka- 1209.
Duplicate-
1. Member
(Engineering And Commerce), DESA, Dhaka.
2. Additional Chief
Engineer, Planning And Sketch, DESA, Dhaka.
3. Project
Director, 9th And 10th Power Project, DESA, Dhaka.
4. Executive
Engineer, Development Department- 2, DESA, Dhaka.
Page
No- 29
Through
The Appropriate Authority
To,
Chairman (In
Charge)
Winded Up Dhaka
Power Distribution Authority
And
Additional
Secretary (Administration)
Power Division
Power, Fuel And Mineral
Resource Ministry
Bangladesh
Secretariat, Dhaka.
Dhaka- 1000.
Subject-
Application For Giving Exempt Instead Of Not Stopping Yearly Salary Increase
Permanently.
Dear Sir,
As per above
mentioned reference there is informing on that, authority reference no-
DESA/ta:sri-711(ongsho)2006/04, Date- 18/08/2008 AD accordingly as because of
not complying mu duties making complain against me a yearly salary increase has
been made stopped.
Regarding the
complain which has brought against me the authority reference no-
DESA/pari(prosha:)/shakha-5/ta:sri:-710/2006/1646, Date- 09/07/2006 AD accordingly
three members based committee has been constructed. The mentioned investigation
committee last dated 08/01/2007 AD, has sent investigation report to the
authority. As far I know by the mentioned investigation committee no officers
of DESA has become liable. Later in reference no-
DESA/pari)prosha:)/shakha-5/ta:sri:-711/2006/2099, date- 08/11/2007 AD,
accordingly, my answer has been asked, which I am on dated 19/11/2007 AD to the
director administration in the mentioned answer letter has given answer. After
the primary investigation committee construction for long two years and I am
from the Development Department- 2 as has been transferred even more than 18
months later meaning on dated 29/06/2008 AD in reference no-
DESA/pari(prosha:)/shakha-5/ta:sri:-711/2006/2346 accordingly the complain case
against me has been brought. And on the same date in reference no-
DESA/pari(prosha:)/shakha-5/ta:sri:-711/2006/2348 accordingly me and Mr S. M
Tarique , Deputy- Departmental Engineer, DESA for the purpose of investigation
the complain case as the investigation officer Mr Nurul Islam, Additional Chie
Engineer (Temporary Duty), Planning And Drawing, DESA is appointed.
The main complain
case against me is the materials have been kept to the contractor for long
time. Without issuing the pool other materials have been issued. The contractor
has been requested to submit materials in different times to the warehouse of the
department.
Regarding the
complain case against me there cannot be made liable to me any way. Because-
01. For long time
keeping transformer to the contractor is a running process and within the
period of office order as work has not finished and before paying the final
bill generally the materials are kept to the contractor which is used to supervise
in charge engineer regarding that matter engineer has no any duties.
02. After 1 (one)
year regarding to issue poll- No materials are issued from the implementation department.
After the work order all of the materials of the in charge engineer as per
demand through the project director is forwarded to purchase and preservation
office and director is get booked by the purchase and preservation fund. From
the purchase and preservation for booking poll regarding to make late of 01
(one) year executive engineer cannot be liable.
03. April- June,
2006 months, the central preservation fund of the authority no transformers are
preserved. To set up transformer in different BOB departments for providing
transformer directly to different BOB departments the instruction from the
authority has become up through note sheet. And this instruction/ demand is
increased gradually. Without job for setting up transformer against the
transformer as per the demand of the authority in note sheet 07 on dated
25/04/2006 AD and 08 on dated 30/05/2006 AD and 10 on dated 06/062006 AD,
08/06/2006 AD, 15/06/2006 AD and 29/06/2006 AD in the preservation department
to get back those transformers M/S Upala Enterprise is requested through
letters.
04. 50 transformer
for BOB departments and 18 transformers for Bangshal the booking letters are
received. But as went to withdraw the materials there is withdrawn 06 transformers
against the job in Bangshal and the related contractor has given up those
transformers and rest of the 12 transformers for booking is requested. At the
time to set up 50 transformers in Paribagh which is very time consuming, so Executive
Engineer, Bangshal has requested through telephone as per oral approval of the
project director and for the sake of work of the authority for the Bangshal
department against the contractor organization 12 transformers have been given
booking. So there BOB Department, Bangshal the work as accomplished has been implemented.
There is also more to be mentioned that, the director from the purchase and
preservation fund to Executive Engineer, Development Department the materials
have been booked.
Page
No- 30
Receiving materials
from the central warehouse as per demand of the next in charge engineer is
issued to the booking organization. Already there has not been booked materials
against any specific job previously. The booking was used to provide from the materials
of implementation department. In this way 25 transformers were preserved for
long time in this office. As per oral approval of the project director from
this preservation for the implementation work of Narayanganj Department 23 and
2 for the Sat Mashjid mosque in total 25 transformers have booked, which has
been set up. These materials were not against any job.
5. There is to be
mentioned under the power sector and dated 30/06/2008 AD from the midnight to operate
all of the activities is transferred to DPDC. Accordingly the investigation
officer on dated 30/06/2008 AD from midnight as has become counted as DPDC
officers his investigation report will have to be accomplished as I have not
wanted personal hearing the instruction has been given orally. Collecting the
long time files within one day is very difficult and in the same day creating
investigation report by the investigation officer is also very difficult
matter. In addition two investigation r reports by the investigation officers
on dated 30/06/2008 AD to sent to the director administration, which is
approved by the chairman DESA in the same crime the complain is made and based
on the same report two types of punishments have been given to two people. Such
as my yearly salary increase has been stopped and Mr S. M. Tarique is given
exempt from the complain case of the mentioned work. There is to be mentioned
regarding the subject the in charge engineers is used to preserved contact with
the contractors and using the materials correctly and as per drawing and job the
wok is used to implement. In charge engineers regarding that matter the written
instruction has also been given (copies are attached) in the field level all
types of work correctly to be accomplished is the duty of in charge engineers.
There is to be mentioned
all of the materials in charge engineers as per the recommendation from the
purchase and preservation fund is used to be issued and in charge engineers as
per drawing and design of all for the materials the work is used to be
accomplished. If any types of irregularities are found then chief in charge
engineers in his own responsibility made it correct if he cannot do that then the
senior authority (executive engineers) has to be informed in written. But
regarding this subject I am as I was in duty in this department the mentioned in
charge engineer no complain has informed me.
As per above
mentioned description there is seen that no issues are fallen to the duty of
executive engineer of the above mentioned complain case. I am after the
transfer from this department the above mentioned works were in continuous.
Dear Sir,
I have been
operating activities of in different offices with skill and reputation from
1982 and I have achieved reputation from the authority. In that situation in
the critical moment of DESA making hurry the punishment imposed on me which are
very regretful, this is only out of justice on me. There is to be mentioned
that to get exempt punishment imposed on me I am on dated 20/08/2008 AD,
30/09/2009 AD and 07/10/2018 AD to the honorable chairman of winded up DESA I have
applied. But to dated today regarding that matter as no decision has been taken
so in receiving my retirement pension I have become financially damaged, which
is not wanted at all.
In that situation
illogically, becoming biased the punishment meaning stopping the yearly salary
increase permanently giving that exempt saving me from financial damage and to
establish the law and truth there is sincerely requested.
Sincerely,
Sd/
Illegible
(Abdul
Mannan Mia)
Executive
Engineer (Retired)
Winded
Up DESA, Dhaka.
Attachments-
1. Copies of answer
letters. Memorandum no- DESA-pari(prosha:)sha-5/ka:sha:711/2006/2099, Date-
08/11/2007 AD.
2. Copies of
complain letter. Memorandum no- DESA-pari(prosha:)sha-5/ka:sha:711/2006/2346,
Date- 29/06/2008 AD.
3. Copies of answer
of the investigation officer.
4. Copies of
punishment. Reference no- DESA/ta:sri-711(pngsho)/2006/04, Date- 18/08/2008 AD.
5. Copy of order of
the office to accomplish activities correctly to in charge engineer. Reference
no- nipra/u:b:i-2/DESA/prosha-101/2006/826, Date- 28/05/2006 AD.
6. Copies of answer
by the contractor.
Page
No- 3
(Monogram)
Dhaka Electric Supply Authority
(DESA)
|
Administration Office
Electricity Building
1, Abdul Gani Road, Dhaka-
1000.
Phone- 9567257
|
Reference No- DESA/pari(prosha:)/sha-5/ta:sri:711/2006/2099 Date- 08/11/2007 AD
Confidential
Mr
Andul Mannan Mia
Executive
Engineer (Temporary Terminated)
General
Manager, Client Service (South), Office, DESA
Subject-
Answer Letter.
You
are Abdul Mannan Mia, Executive Engineer, and Development Department- 2 at the
time of working in duty for the purpose to set up 305 transformers 13 for the
distribution and sales department 13 jobs have been constructed. From C.S.D 245
transformers in favor of development department- 2 and from the own fund of
development department- 2 another 25 transformers have been issued. Among them
225 transformers have been set up.
From
C.S.D for the Bashaboo department, 27, for the maniknagar department, 20 and
for the at mashjid department 17 in total 64 transformers have been issued to
the contractor. Among them 30 (thirty) transformers have not been set up. 26 transformers
to the M/S Upola Enterprise and 4 transformers to M/S Tamim International are
preserved. From the set up transformers in Paribagh 2 non used transformers is
preserved to M/S Madhu International. In that long time 30 usable transformers
and 02 (two) repairable transformers are preserved to the contractor which is
not acceptable anyway.
Sales
and distribution department, Maniknagar against the 20 transformers last dated
29/06/2005 AD are issued and 27 transformers against BOB department, Bashaboo
and with related materials last dated 11/05/2005 AD have been issued and after
one year on dated 27/04/2006 AD and 16/05/2006 AD with setting up transformers
for other works total 78 polls have been issued. Without issuing polls the
transformers are issued first which is not logical anyway.
You
are M/S Upola Enterprise among the preserved 26 transformers mentioning any
number at any time to return the transformer letter has been given meaning 7 on
dated 25/04/2006 AD in the letter 8 on dated 30/05/2006 AD in the letter and 10
on dated 06/06/2006 AD, 10 on dated 08/06/2006 AD letter and 10 on dated
15/06/2006 AD and 10 on dated 29/06/2006 AD letter have been mentioned. To make
free system overload setting up transformer work was necessary. In addition
with polls the transformers to keep to the contractor keeping away for more
than year is not acceptable.
BOB
Department, against Paribagh from the issued 50 transformers 12 transformers is
set up in Bangshal department. Transformers issued against the Paribagh
Department have been given to Bangshal with the approval of the authority. In the
same way from the preservation fund of the Development Department- 2 BOB
Department, Narayanganj 23 pieces and Sat Mashjid Department 02 (two) pieces in
total 25 transformers have been issued which is how from the job in te
mentioned department has been set up its information your investigation
committee has become failed to provide as well.
For
the purpose to make pressure of the over loaded transformers as per plan the
introduced job for the purpose to set up the transformers though the particular
places were marked in that place not setting up those have been set up against
the transformers.
Against
the job the issued transformers not setting up keeping those to the contractor
for long time and not getting returned those transformers as not taken the
steps timely so those of the transformers have been preserved to the contractor
which is as the chief of this office is imposed on you.
You
are with the contractor in support with each other for the purpsoe to make
yourself and others profitable these types of activities have accomplished.
Page No- 33
(Monogram)
Dhaka Electric Supply Authority
(DESA)
|
Administration Office
Electricity Building
1, Abdul Gani Road, Dhaka-
1000.
Phone- 9567257
|
Reference No-
DESA/pari(prosha:)/sha-5/ta:sri:711/2006/2346 Date-
29/06/2008 AD
Mr
Andul Mannan Mia
Executive
Engineer (Temporary Terminated)
General
Manager, Client Service (South), Office, DESA
Subject-
Answer Letter.
As
you are Abdul Mannan Mia, Executive Engineer, Development Department- 2 at the
time of working in duty for the purpose to set up 305 transformers 13 for the
distribution and sales department 13 jobs have been constructed. From C.S.D 245
transformers in favor of development department- 2 and from the own fund of
development department- 2 another 25 transformers have been issued. Among them
225 transformers have been set up.
As
from C.S.D for the Bashaboo department, 27, for the maniknagar department, 20
and for the at mashjid department 17 in total 64 transformers have been issued
to the contractor. Among them 30 (thirty) transformers have not been set up. 26
transformers to the M/S Upola Enterprise and 4 transformers to M/S Tamim
International are preserved. From the set up transformers in Paribagh 2 non
used transformers is preserved to M/S Madhu International. In that long time 30
usable transformers and 02 (two) repairable transformers are preserved to the
contractor which is not acceptable anyway.
As
sales and distribution department, Maniknagar against the 20 transformers last
dated 29/06/2005 AD are issued and 27 transformers against BOB department,
Bashaboo and with related materials last dated 11/05/2005 AD have been issued
and after one year on dated 27/04/2006 AD and 16/05/2006 AD with setting up transformers
for other works total 78 polls have been issued. Without issuing polls the
transformers are issued first which is not logical anyway.
So
you are M/S Upola Enterprise among the preserved 26 transformers mentioning any
number at any time to return the transformer letter has been given meaning 7 on
dated 25/04/2006 AD in the letter 8 on dated 30/05/2006 AD in the letter and 10
on dated 06/06/2006 AD, 10 on dated 08/06/2006 AD letter and 10 on dated
15/06/2006 AD and 10 on dated 29/06/2006 AD letter have been mentioned. To make
free system overload setting up transformer work was necessary. In addition
with polls the transformers to keep to the contractor keeping away for more
than year is not acceptable.
So
BOB Department, against Paribagh from the issued 50 transformers 12
transformers is set up in Bangshal department. Transformers issued against the
Paribagh Department have been given to Bangshal with the approval of the
authority. In the same way from the rpeservation fund of the Development
Department- 2 BOB Department, Narayanganj 23 pieces and Sat Mashjid Department
02 (two) pieces in total 25 transformers have been issued which is how from the
job in the mentioned department has been set up its information your
investigation committee has become failed to provide as well.
As
For the purpose to make pressure of the over loaded transformers as per plan the
introduced job for the purpose to set up the transformers though the particular
places were marked in that place not setting up those have been set up against
the transformers.
As
against the job the issued transformers not setting up keeping those to the contractor
for long time and not getting returned those transformers as not taken the
steps timely so those of the transformers have been preserved to the contractor
which is as the chief of this office is imposed on you;
Page No- 35
To,
Mr
Md. Nurul Islam
Additional
Engineer (Temporary Terminated)
Planning
And Drawing
Dhaka
Electric Supply Authority
No-
1, Abdul Gani Road
And
Investigation
Officer
Dhaka-
1000.
Subject-
Answer To Defense The Complain Case.
Reference
No- DESA/pari)prosha:)/sha-5/ta:sri:711/2006/2356.
The
answer of the complain case of above mentioned reference is given below-
I
am Abdul Mannan Mia, Executive Engineer, Development Department- 2, DESA at the
time of working for the purpose to set up 305 transformers under the 13 BOB
departments 13 jobs have been constructed. For the purpose of implementation the
above mentioned jobs accomplishing the related process 13 different work orders
have been given among them against the 12 jobs total (245+25)=270 transformers
have been booked. Among them at the time I was in the duty 228 transformers
under the different BOB departments have been set up, as per instruction of the
authority 11 transformers in different BOB departments have been given. (BOB
departments, Sher- E Bangla Nagar 2, Demra is 1, Kamalapur is 1, Bangshal is 4,
Tangi is 1, Shamoli is 1, and Narinda is 1).
For
CSD Bashaboo departments 27, 20 is for Maniknagar and 17 is for SAt Mashjid
departments in total 64 transformers have been issued. Among them M/S Upola
Enterprise is 26, Tamim International is 3 (which was disable) and Madhu
International is 2 (as is necessary to repair) including total 31 transformers
as I was in duty has not been possible to set up. But recently there is known
by getting news from the development department- 2 the repairable 2
transformers which were preserved to Madhu International by the initiative of the
contractor making repaired in BOB department, under Paribagh are has been set up.
Therefore, still now to Upola Enterprise 26 transformers are preserved. BOB
department, Maniknagar against against 20 pieces last dated 29/06/2005 AD and
BOB department, Bashaboo against 27 last dated 11/05/2005 AD has been said the
issue of the transformers and after one year meaning on dated 27/04/2006 AD and
16/05/2006 AD 78 polls were said to have been issued. BOB department Bashaboo
and Maniknagar for the purpose to implement job and work order those of the
materials are needed without polls 47 transformers and related materials
allocation has been given and soon with polls other material allocation will be
given saying that orally has been informed. The validity of every allocation is
30 days. The time is needed to reach in the allocation department of the
allocation order is 7 days. After getting the allocation within total 3 weeks
if the materials are not withdrawn then the allocation is cancelled. So though
poll is not booked to Upola Enterprise transformer has been booked. But to book
poll there is needed one year of time if it was known
Page No- 36
The
transformers would not have been booked to the contractor organization. In
addition if poll booking was not possible 47 transformers have been booked by
the director purchase nad preservation warehouse regarding that the right
information the signature in below was not known.
To
Upola Enterprise against 2 wok orders in total 47 transformers have been
booked. Among them 8 is for Bashaboo department, 9 is for Maniknagar
department, transformers have been set up and as per instruction of the senior
authority 2 is for Sher E Bangla Nagar, 1 is for Demra and 1 is for Kamalapur transformers
have been provided. Then Upola Enterprise in its preservation (47-21)= 26
transformers were in preservation. I am as was in duty f my work 2 work order
of Upola Enterprise were under the implementation. The proprietor fo Upola
Enterprise Mr Kamrul Hasan Hiltan with him the contact with letter was in continuous.
Every time as per his application the promise to accomplish work was mentioned.
From the months of April to June, 2006 AD in the central preservation of the
authority no transformers were in preservation. For the setting up transformers
in different BOB departments for providing transformers directly to the
different BOB department to this department through note sheet the instruction
from the authority was used to have come up. And the demand/ instruction was
used to increase gradually. Without job against the burning transformers for
setting up the transformers as per demand of the authority in its note sheet 7
in 25/04/2006 AD and 8 in 30/05/2006 AD and 10 in ondated 06/06/2006 AD,
08/06/2006 AD, 15/06/2006 AD and 29/06/2006 AD to give back to the preservation
of transformer department through letter to M/S Upola Enterprise has been
requested. As the two work orders were under the implementation so at the time
of getting stigma the two transformers were wanted back, all of the materials
were not wanted back. The transformers were in preservation to the contractor
for more than year the thumb or poll booking as soon as received the order has
been given to set up the transformers. And the engineers who were in duty has
made warn (copies are attached). From my point of view personally and through
the letter contractor and engineer in charge to accomplish the work tremendous initiative
has been taken. For BOB department 50 transformers and for Bangshal 18 transformers
allocation are received. But as soon as gone to withdraw the materials against the
Bangshal job only 6 transformers have been withdrawn and the related contractor
has accomplished the work of setting up transformers and rest of the 12
transformers for getting booked is requested. As at the time to set up 50
transformers in Paribagh which is time consuming matter; so the executive
engineer BOB department, Bangshal in request by the telephone as per oral
approval of the project director And for the sake of work of work of the
authority for the Bangshal department the appointed contractor organization
against whom 12 transformers have been booked. There BOB department, Bangshal
has implemented the work as accomplished. There is more to be mentioned that, the
director from purchase and preservation management office to development
department of executive engineer the materials have been booked. The
representative of executive engineer from central preservation receiving the
materials next is issued to the contractor organization. Accordingly by the own
power of executive engineer the materials have been issued. Already against the
specific job the materials would not have been booked. In favor of the
implementation department from the materials have been booked, in that types
issue from the booking 25 transformers in the office of this department were in
preservation. From that preservation for the implementation of work of
Narayanganj department 23 and 2 is for the Sat Mashjid departments including 25
transformers have been given booking. These materials against any other jobs
were not in booking. Against the Sat mashjid job the issued 3 transformers as
were in conditions the issued 2 transformers in paribag as were needed to make
repaired those works to be accomplished became late. Later Paribag and Sat
Mashjid area 2 and 3 transformers have been set up. And as poll has not been
found by the Upola Enterprise for setting up the transformer till one year time
the pressure has not been given. As soon as poll has received for setting up
transformers again and again the pressure has been given. But those of the
transformers were not possible to set up. Therefore the issue is for not to
take initiative is not correct.
Page No- 43
(Monogram)
Dhaka
Electric Supply Authority
|
Office
Of Executive Engineer
Development
Department- 2
House
No- 47, Road No- 135,
Gulshan-
1, Dhaka- 1212
Phone-
8825383 (Office)
|
Reference
No- nipra/ubi-2/DESA/kati-314/2007/201 Date-
14/01/2007 AD
M/S
Upola Enterprise
Present
Address: Akhi Neer, 3rd Floor (North)
105/1,
Kakrail, Dhaka.
Previous
Address: 411/3, Gulbag, Malibag, Dhaka.
Subject-
Regarding To Accomplish Based On Emergency The Work To Set Up New Transformer
To Get Load Free Of Heavy Transformer Established in Different Areas Under BOB
Department, Bashaboo and BOB Department, Maniknagar Respectively Against Job
No- DESA/3/3/934 and DESA-1/3/609.
Dear
Sir,
As
per the offie work order no- nipra/ubi-2/DESA/hi-425/2005/206, Date- 24/04/2005
AD, BOB Deaprtment Bashaboo and as per office work order no-
nipra/ubi-2/DESA/hi-425/2005/223, Date- 28/04/2005 AD, BOB Department,
Maniknagar under the different areas to set up new transformers to get free
from heavy transformers to your organization two work orders have been
provided. For the purpose of setting up new transformers the work order no-
nipra/ubi-2/DESA/hi-425/2005/206, date- 24/04/2005 AD in its against last dtaed
11/06/2005 AD with other related materials including 27 pieces of 11/0.4 kevi,
200 KVA transformer and work order no- nipra/ubi-2/DESA/hi-425/2005/223, Date-
28/04/2005 AD in its against last dtaed 29/06/2005 AD with other related
materials 20 pieces, 11/0.4 KV, 200 KBA transformers have been booked.
After
booking the materials by the booked materials for te purpose to accomplish the
work in written, orally and by the telephone though again and again pressure
has been given. After giving the pressure again and again your work order no-
nipra/ubi-2/DESA/hi-425/2005/206, Date- 24/04/2005 AD in its against to BOB Department,
Bashaboo unde rthe areas 8 transformers and work order no-
nipra/ubi-2/DESA/hi-425/2005/223, Date- 28/04/2005 AD, in its against in BOB
Department, Maniknagar under these areas 9 transformers have been established.
Then as you have been given pressure again and again you have not accomplished
the work to set up the transformers.
In
your preservation, from the transformer as per instruction last dated
19/05/2006 AD in BOB Department, Sher- E Bangla 2 pieces, on dated 19/06/2006
AD in BOB Department, Kamalapur of 1 piece and on dated 26/06/2006 AD in BOB Department,
Demra 1 transformer has been provided. Rest of transformers for the purpose to
set up those orally and by the telephone have been requested. For the sake of
work of the authority in emergency needs in the office reference no-
nipra/ubi-2/DESA/kari-314/2006/823, Date- 25/05/2006 AD accordingly 7 transformers
for submitting in the department letter has been given. But as per that letter
as transformer has not submitted so again in the office reference no-
nipra.ubi-2/DESA/kari-314/2006/828, date- 30/05/2006 AD accordingly 8
transformers to submit in the preservation of the department 2nd pressure has
been given.
Page No- 44
(Monogram)
Upola Enterprise
1st Class Electrical Civil
Contractors, Exporter, Importer And Dealer
Ref: Date-
23/01/2007 AD
To,
Exevutive
Engineer, Development Department, DESA.
Subject-
regarding to accomplish based on emergency the project in job No- DESA-3/3/934
and DESA- 1/3/609 in its against respectively in BOB Department, Bashaboo and
BOB Maniknagar under the different areas as has set up heavy loaded transformers
in place of of that setting up the new transformers.
Sir,
The
work order of this office in no- nipra/ubi-2/DESA/hi-425/2005/206, date-
24/04/2005 AD accordingly in BOB Department, Bashaboo and as per work order no-
nipra/ubi-2/DESA/hi-425/2005/223, Date- 28/04/2005 AD for the purpose of
setting up new transformers instead of the heavy loaded tarnsformers in
diffrent areas to my organization two work orders have been given.
Against
the above mentioned work order, Bashaboo, Maniknagar in different places some
more transformers and related work has been accomplished and as the materials
were in my preservation but as because of illness physically as I was out of the
country so I was unable to know about its information. So now I am promising to
accomplish rest of work within one month.
Therefore,
there is to be in your consideration to give one month of time to accomplish
rest of the work thereof.
Sincerely,
Sd/ Illegible
Duplicate-
(1)
Additional Chief Engineer, DESA.
(2)
Project Director, 9th and 10th Power Project, DESA.
(3)
Executive Engineer, Bashaboo/aniknagar, DESA.
(4)
P to A Member (Cpmmercial Engineer, DESA.
(5)
Office Copy.
Page No- 26
Through The Appropriate Authority
Sd/ Illegible
Date- 30/06/2009 AD
(Seal)
To,
Chairman
(In Charge)
Dhaka
Electric Supply Authority
And
Joint
Secretary (Administration)
Electricity
Department
Electricity,
Fuel And Mineral Resource Ministry
Bangladesh
Secretariat, Dhaka.
Subject-
Application Is For Consideration As Work Time Of The Temporary Terminated Time
And In That Time Dues Of Financial Payments Including Approval Of Stopped Yearly
Due Salary Increase.
Dear
Sir,
As
per above mentioned subject there is informing on that, as per DESA reference
no- DESA/pari(prosha:)sha-5/ta:sri:755/2007/1833, Date- 05/03/2007 AD, I have
been temporarily terminated in the way as mentioned in below. Last dated
03/03/2007 AD the report which has published in the first page of daily
newspaper "Dainik Ittefaq" arresting by DB police and having been in
remand as has informed by the authority regarding the subject as per job
regulation- 82 (which is obeyed by DESA) of section no- 141 Mr Abdul Mannan
Mia, Executive Engineer, Sales And Distribution Department, Maniknagar, DESA as
has been arrested (Date- 02/03/2007 AD) has terminated from his job
temporarily.
Later
the opinion of learned lawyer of DESA and as per job regulation in reference
no- DESA/pari)prosha:)sha-5/ta:sri:-755/2007/2356 from the job has been
terminated temporarily making that withdrawn and is re appointed in the job.
And in the same day last dated 18/10/2007 AD my yearly salary increase as were
in dues for the purpose of approval I have applied. Later last dated 06/07/2008
AD counting as working time of the terminated period of time and in that time
the financial dues to have paid I have applied to honorable commercial and
engineering member of DESA.
Based
on my application honorable sir the information as written in below has been
presented-
As
per section no- 141 of BAUBO job regulation, 1982 (which is followed by DESA) I
have been temporarily terminated from the job.
As
per section no- 141 is seen- An Employee committed to prison either for debt or
on a criminal charge, should be considered under suspension from the date of
arrest.
Page No- 28
Bail
No need for temporary termination
if is in bail.
Reference- Law, Justice And
Parliament Affairs Ministry, Memorandum No- 502
Date- 09/09/1993 AD And B. S. R.
Page No- 45/48
If
is in bail then from the date of bail will not be counted as temporary
terminated. Regarding that the establishment ministry on dated 21/11/1978 AD in
perspective of law ruled in office memorandum is not right.
There
are two sides in the 1st part of B. S. R. One is about absent of the government
employee and another one is about imprison as because of debt or criminal charge.
In that situation, getting free by bail through presenting in the court any way
it will not be counted as sending to the court or committed to prison. Because
if bail is received, employee or officer as because of absent in the work for the
reason of criminal charge has not raised there at all, so as per section no- 73
in the 1st part of B. S. R it is clearly prove that, Its note- 2 mentioned
taken to the custody meaning the complaint of the complain case of present
employee/ officer if not giving him bail and sending him to the prison or committed
into prison which is mentioned in Note- taken into custody as has been mentioned.
In
addition, committed to poison means becoming present in the court and getting
bail is not included. It is committed and prison words are meaning very clear
in dictionary. Meaning prison means prison and commit means is sent to the
prison. So as per above mentioned discussion committed to prison means sending
to prison which is not presenting in the court to get bail, on the other hand the
regulation makers in note a committed to prison means taken to custody as is
included so the meaning has been understood that sending to prison (committed
to prison) in two ways it can be occurred. Such as giving punishment and
cancelling 'sending prison in bail. So 'sending prison' means where has not any
made any misleading so taken to custody has been mentioned. In addition
interpretation of legal terms and statute in its as per regulation as mentioned
in note- 2 in the principle regulation it cannot be against the purpose, which
is in present situation cannot 'sending to prison'. In that situation sending
to prison (taken to custody)
Job
Regulation And Relevant 625 Complain Case.
129
The
subject making cancelled becoming present in the court receiving bail means committed
to prison- this meaning cannot be given by this terms. Because in justice after
the court giving decree any complaint as te criminal then it can be committed
to prison, not before that happened.
As
per the above mentioned discussion it can be said that, Establishment Ministry
ruled in its office memorandum on dated 21/11/1978 AD in the core in No. ED
)Reg. VI) S/123/78-115 (500) is not correct in perspective of laws. There is to
be mentioned that, on that subject from this ministry in different ministries the
same lawful opinion more than one time has given which is in present complain
case in needed as the ministry thinks.
Break In Service
The Prebious Job Will Not Be
Cancelled If Becomes Absent As Because Of Strike
ref: 1977 (1) SLR 775.
Permanent
employee. Absence of on Bundth day. Some employees abstained themselves from
office on the day of bundg without prior permission. All these employees
applied for leave either for that day only or for a period inclusive of that
date. After examination and scrutiny of the leave applications, the same terms
as Article 420, Civil Service Regulations, which provided for absence by
itself, authorized or unauthorized does not, unless there are specific rules to
that effect, cause interruption in the service. In the disciplinary proceedings
the consequences of break- in- service cannot be imposed.
See
also A. B. Bhat Nagar;s Book, Page- 387
Job
Regulation And Relevant 625 Complain Case.
130
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