The GOI and DOPT vide OM No 11012/4/2003 - Estt. (A) dated the 7th January 2004 has issued clear instructions to All Ministries/ Departments to bring it to the notice of all disciplinary authorities under their control and ensure that necessary review committees are constituted accordingly to impressed upon all concerned that lapsing of any suspension order on account of failure to review the same will be viewed seriously however description issued under rule 10 (5) (c) has not been reviewed so for in the case of applicant by the department of HPPWD even all instructions further issued by the HP Personnel on 01 -09 2010 and 03 -12 - 2014 and further referred with by name consideration by the HP Personnel to the HPPWD on 29-04-2015 and so on till date of the confirmation vide number PBW-AA(7)-2/2009 dated 23-07-2019 asked under the RTI act by applicant and replied by the PIO -cum- Sectional officer (PWD)-A where in it is stated that matter pertains to the Engineer in Chief HPPWD and further action in case file is taken by the HOD Further it is submitted in the matter that date of superannuation of the former post EAE and XEN is 30 -04 2014 however instructions issued by the DOPT has yet no follow up action even number of the requests and reminders issued from the disciplinary authority to the Honorable Chief Minister of the HP is proof and evidence more over said order of penalty shall not amount to the penalty with in the meanings of rule -11 and order of the disciplinary authority revised to rule -11 from rule -12 on 31-08 -2007 as it was originally issued on 15-01 -2007 is proof which clearly indicates that the department of HPPWD has ignored the instructions of the HP Personnel and HP Finance and the departmental proceedings ordered by the HOD and the ACS (PWD) as well as the higher authority has no follow up however neither any required correction has been issued by the department nor any disciplinary action taken against the defaulter's and undue victimization still enforced and continued which is highland objectionable as per the instructions of the HP Personnel as the review committees are constituted under the law and rules but the deemed suspension of three years cross and pass has no review and revision as said by the Rule 10(5)(c) and too explained by the held departmental proceedings time and again processed by the applicant under rule 29(2) of CCA -1965 and referred for reexamine to the disciplinary authority instead of the Review Committee as suggested by the GOI and DOPT vide OM No 11012/4/2003 -Estt.(A) dated the 7th January ,2004 and mentioned as above in this behalf for revoking of the illegal penalties explained under the chapter of penalties and revoking of the suspension where in dismissal,removal or compulsory retirement , or reduction in rank has been equated as the major penalties but the disciplinary authority has ignored the explanation of law and rules which is highly objectionable as yet no Review Committee has been constituted by the Government of HP Shimla in present case of applicant referred to the HOD vide number PBW-AA(7)-2/2009 dated 23-07-2019.
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