CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAI.

ORIGINAL APPLICATION No.254/2019 th Dated this Wednesday the 29 January, 2025 CORAM: Hon’ble Mr. Shri Krishna, Member (A)

Hon’ble Mr. Umesh Gajankush, Member (J)

Ramesh Sharma Aged: 54, Occu : Deputy Director [Retired] Employees State Insurance Corporation (ESIC)Hospital, Kolhapur R/at B-106, Sheraton Luxury, Behind Shyam Mandir, VIP Road, Althan, Applicant Surat – 395 007. ...

(By Advocate Shri R.G. Panchal)

VERSUS

1. The Director General, Employees State Insurance Corporation, Panchdeep Bhavan, CIG Road, New Delhi – 110 002.

2. The Medical Superintendent, ESIC Hospital Kolhapur, Behind Circuit House, Tarabai Park, Respondents Kolhapur – 416 003. ...

( By Advocate Ms. Naveena Kumai )

ORDER Per: Mr. Shri Krishna, Member (A)

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking declaration that the applicant’s notice of VRS dated 17.05.2018 is deemed to have been accepted by the respondent No.1 on expiry of the statutory period of 3 months as contemplated by Fundamental Rule 56K and that he stood retired w.e.f. 18.08.2018.

2 . Brief facts as noted from the Original Application of the applicant are that he was working as Deputy Director in the Employees’ State Insurance Corporation (ESIC). He was issued a show cause notice dated 26.02.2015 to show cause and explain the allegations made in the anonymous complaints against the applicant Annexure A-2 ( ) in which it is alleged that Shri Sharma chooses contractor and create dummy contractor for tendering purposes and taking bribe from the contractor in order to extend the benefit to them. It is also alleged that Shri Sharma deals with the files himself to avoid adverse notings from Dealing Assistants and goes to the extend of misplacing files where there are adverse remarks. Further while dealing in rental premises cases for Branch Offices, he inflates the rates of rent for the benefit of landlords and receives commission etc in return. The matter was forwarded to vigilance for inspection in which vigilance found that the proper procedure for awarding contract to M/s. Ganga Stationery & Xerox was not followed as letters to the parties were sent by hand delivery and the tender from the parties were again received by hand delivery mode, in violation of Rule 142 of GFR. Therefore, the contract was awarded to M/s. Ganga Stationery & Xerox favourably through the compromised tendering process with ulterior motives and an excess amount of Rs.5,02,089/- was paid on manipulated bills.

2.1 The applicant vide his letter dated

18.03.2015 to the above show cause notice has accepted that the tendering process was finalized during his tenure. Thereafter, a charge memorandum dated 07.02.2018 was issued to him in which two articles of charge were framed. In the Article-I, it is alleged that tender process were not followed. In Article-II, it has been alleged that financial loss of revenue to the Corporation to the extent of Rs.3,78,620/- has been caused with the help of inflated indents by practicing the unethical means such as manipulating the Xerox Register and destroying the indents after payment of their bills by the vendor M/s Ganga Stationery & Xerox.

2.2 The applicant vide his letter dated Annexure A-4

28.02.2018 ( ) admitted both the charges and requested for taking a lenient view for the lapses and irregularities. By a subsequent letter dated 09.04.2018, he stated that he admits both the charges unconditionally and solicited and begged that a lenient view may be taken for the lapses and irregularities committed unknowingly.

2.3 The competent authority (Respondent No.1) imposed major penalty of withholding of five increments with future effect vide his order Annexure A-6 dated 04.05.2018 ( ). The applicant accepted the penalty imposed upon him and did not file any appeal. Thereafter, the applicant vide letter dated 17.05.2018 applied for voluntary retirement from the services of the Corporation under ‘Funda