BEO mundlana(sonipat) suspend gas chullah purchasing me 450-850 wala dikhkaya 3170+vat

Brief facts of the case are that Shri Naresh Kumar, the then BECBeri Jhajjar, presently. BEO Mundlana (Sohepat), was placed undersuspension vide order dated 01-01-2008 and chargesheeted under Rule 7of Haryana Civil Services (Punishment and Appeal) Rules, 1987 videGovt. order No. 5/01-2008 HRG-(1) dated 21-11-2008, on the followingcharges and allegations:-
That Shri Naresh Kumar had procured ® Rs.3,170/- + 4%VAT gas chullah, pipe lighter and regulator from AmbalaCentral Co-operative Consumer Store Chandigarh,considering it to be a Govt. approved source, whereas it wasnot an approved source for such equipment in view of DirectorSupplies and Disposal, Haryana, Chandigarh Letter no. 28683dated 30-01-2008.
That the procurement was made © Rs.3170/- plus 4% VATper unit whereas similar equipment was procured in otherdistrict like Jind at rates Rs. 425/- and Rs. 850/-. As per reportof District Elementary Education Officer Jind, the actual priceof these gas chullahs were Rs.850/-.
3. In this way, he has violated the Rules of the Finance & thisDepth resulting in purchase of sub-standard material at ahigher cost. This has caused a loss of Rs. 8,56,380/- to the
state exchequer.
Thereafter, he replied to the said chargesheet on 16.06.2009.Finding his reply
as unsatisfactory, Sh. R. K. Taneja, IAS (Retd.) wasappointed as Regular Inquiry Officer vide order dated 24.02.2010 and thesaid Inquiry Officer submitted his report on 14.09.2010 proving all thecharges against the said incumbent. In compliance of Rule 7(6) ofHaryana Civil Services (Punishment and Appeal) Rules 1987, whileagreeing with the said inquiry report, a communication alongwith a copy ofthe inquiry report was sent to the said incumbent to make a writtenrepresentation within a period of one month, if he so desired, vide letterdated 23.11.2010., Accordingly, he had made a written representationdated 14.01.2010 and also sought personal hearing before deciding thematter. Thereafter, he was heard in person on 14.09.2011.
During personal hearing, he repeated the plea taken in therepresentation and stated that his signatures were obtained in good faithwithout narrating the facts that any purchase committee was going to beformed. He further stated that no meeting of the purchase committee wasever held and hence, no question of finalizing the rates by the committeearose.
After going through the contents of the chargesheet and explanationthereof, report of regular inquiry officer, written representation andsubmissions made at the time of personal hearing, the observations areas under :-
Regarding charge No. 1, it has been clearly establishedbeyond doubt that The Ambala Central Co-operative andConsumer Stores was not an approved source for purchase ofgas chullah item and also, it was not at all an approved sourceon the list of Supplies & Disposal Department, Haryana duringthe relevant period in view of the Letter No. 11/112-5(1-B)-90dated 30.04.2001, issued from FC&PS Industries Departmentto Director Supplies and Disposal, Haryana, Chandigarh andDirector Supplies and Disposal, Haryana, Chandigarh letterissued vide Memo No. 28683 dated 30.01.2008. Thus, he iscollectively responsible, being member of the purchasecommittee, for not following the requisite procedure inpurchasing the said items from the approved source.
Regarding this charge, inquiry officer has clearly establishedthat the incumbent is responsible as he has signed papers ofpurchasing the items without going through the same,resulting in irregular transaction and at exorbitant rates.Hence, he is collectively responsible for the said lapse.
3. In view of observations at 1 & 2, it has been clearlyestablished that due to excess rates, a payment ofRs.11,53,880/- has been made whereas the maximum cost ©Rs.850/- comes out to be Rs. 2,97,500/- and thus, caused a..huge loss to the tune of Rs. 8,56,380/- to the state exchequerin utter violation of the canons of financial propriety.
Taking andoverall view of the matter as enunciated above, it hasbeen clearly established beyond doubt that a loss of Rs.8,56,380/- hasbeen caused to the state exchequer by Smt. Suman Nain, the then DEEOJhajjar,•Smt. Sunita Devi, BEO Bahadurgarh, Sh. Naresh Kumar, BEOBeni, Sh. Rajender Kumar Verma, BEO Sahlawas and Sh. Madan Lal, •BEO Jhajjar. It is specific to mention here that Smt. Suman. Nain, DEEDJhajjar is primarily responsible for the .said loss by making the scapegoatof Smt. Sunita Devi, BEO Bahadurgarh, Sh. Naresh Kumar, BEO Bed, Sh.Rajender Kumar Verma, BEO Sahlawas and Sh. Madan Lal, BEO Jhajjaras Members of the Committee. However, the said incumbent is also • •responsible•collectively on his part for the lapse. The ends of justice will be .met by affecting 50% recovery from Smt. Suman Nain, the then DEED •Jhajjar, being Chairman of the Committee and coMpetent authority fdrmaking the. purchase and rest 50% be recovered from the other fourmembers of the Committee in equal proportions.
In view of the above, the following penalties are inflicted upon ShriNaresh Kumar, the then BEO Beni Jhajjar, presently BEO Mundlana(Sonepat):-
Rs. 1,07,048/- be recovered, being one forth of 50% of totalfinancial loss of Rs. 8,56,380/-.
Penalty of 'Censure' as provided in Rule 4(1)(ii) of HaryanaCivil Services (Punishment & Appeal) Rules, 1987.