Shri. Kashinath V.

More,
P.No. 93804-W,
C.No.37/Systems Dept,
Chargeman, Pipe Fitter,
Naval Dockyard, Gun Gate,
Mumbai-400001
Aug 2017

The Chief of Personnel,

IHQ of MoD(Navy),
Sena Bhavan,
New Delhi- 110011.

Respected sir,
(Through proper channel)

APPEAL UNDER RULE 23 OF CCS (CCA) RULES 1965 AGAINST THE

ASD (MBI)s ORDER NO. DYT/SYS/PRS/C37/93804-W DATED 10
JUL 2017.

Ref: ASD (MBI)s Order no. DYT/SYS/PRS/C37/93804-W dated 10

Jul 2017 and received on 28 Jul 2017.

With due respect andhumblesubmissiontheappellantbegsto

submit the following few lines before your good self for your kind
consideration and favorable action please.

1. It is submitted that the appellant joined Service at Naval

Dockyard Mumbai as an Industrial worker, Skilled in the System
Department in the year 1979 in the Trade-Pipe Fitter. Ever since the
appellanthasbeendischarginghisdutiestobeutmostsatisfactionofhis
superiors with the best ofhiscompetence,integrity,andloyaltyandthe
entire service record till now has been unblemished.

2. Appellant had been charged vide ASD (MB) Memorandum No.

DYP/SYS/PRS/C.37/93804W Dated 17th Mar 2017, under Rule 16 of
CCS (CCA) Rules, 1965. A statement of the imputation framed against
me is as under.
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Statement: Shri.KashinathVMore,C/MAN,PNo.93804W,CNo.37of
SystemsDepartmenthaslosthisPermanentIdentityCardNo.D443665
fortheSecondtimeon10Nov2016.Hewasnegligentandcarelessinthat
hefailedtoensuresafecustodyofhisPermanentIdentityCard,which
wasissuedtohimforentryintheNavalDockyard,Mumbai,whichisa
prohibiteddefencearea.Thisactonpartofindividualisunbecomingofa
Government Servant and therefore,hasviolatedRule3(1)(iii)ofCCS
(Conduct) Rules, 1964.

3. In reply to the above charge, Ihavesubmittedthroughmyletter

dated 30 Mar 2017.

InmyletterIhavespecificallystatedthat, Whilecommutingfrom
KolkatatoNewJalpaigudi,on10th November2016,duringmyAll
India Tour under LTC, inDarjeelingMail,atabout03.30Hrs.,
someone,withusingcriminalforce,snatchedmybagcontaining
NavalDockyardEntryPass,Mobilephoneandcash(Rs.5500/-)and
jumpeddownfromtherunningtrain.Healsosnatchedthewalletof
one of my co-passenger. After reaching at Jalpaigudi, weboth
registeredourcomplaintsregardingthesameinNewJalpaigudi
RailwayPoliceStation(CopyEnclosed). I informedthesametothe
ChiefSecurityOfficer,NavalDockyardMumbaiafterreportingback
to my duty.

It is therefore incorrect to mention in the above referred
memorandumthatIwasnegligentandcarelessandIfailedto
ensuresafecustodyofmyPermanentidentityCard,whichwas
issuedtomeforentryinNavalDockyard,Mumbai,whichisa
prohibited defence area.

Itisfurtherincorrecttomentioninthereferredmemorandumthat
the act on my part is unbecoming of a Government Servant.
Itisthereforerequestedthataninquirymaypleasebeordered
underRule16(1-A)oftheCCS(CCA)Rules1965inrespecttothe
charges leveled against me.

4. Accordingly, it was anticipated from the Disciplinary authority to

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order an Inquiryunder Rule 16(1-A) of the CCS (CCA) Rules1965into
the above statedmisconductbutthesaiddisciplinaryauthorityfailedto
institute any inquiry in respect to the said charges.

5. The Disciplinary Authority has awarded the penalty to the
Appellant, ofWithholdingofincrementwhenfallingdueinthetimescale
ofpayattachedtohispostforaperiodofthreeyearsonhimwithproviso
thathewillnotearnincrementwhenthepunishmentisinforceandthis
willnothavetheeffectofpostponinghisfutureincrementafterexpiryof
thepunishmentperiodvideOrderDYT/SYS/PRS/C37/93804Wdated10
Jul 2017. The said penalty has been given without constituting an
inquiry as requested by the DGS, obtaining the conclusion,itsfindings
and providing anopportunitybeforeimpositionofpenaltyi.e.undertake
due process of law. I have been declared guilty without proving any
charge as framed against me.

6. Aggrieved by the penalty awarded by the disciplinary authority,
the appellant seeks to appeal before this Honble Authority on the
following grounds. Which are without prejudice to one and another.

GROUNDS.
(i) ThepenaltyawardedbydisciplinaryauthorityvideorderNo.
DYT/SYS/PRS/C37/93804W dated 10 Jul 2017 is not only illegal
unjust, unfair andfromfreeflowingoflegalinfirmitiesbutalsoperverse
and bad in law and prejudiced in nature.

(ii) The Disciplinary Authority have not applied its mind while
issuing the Charge memorandum and the punishment order.

(iii) TheDisciplinaryAuthorityfailedtogiveanequalopportunity
as demandedbytheDGS/appellant.Thushavenotinstitutedprinciples
of natural justice and procedural fairness.

(iii) There are charges namely Negligent, careless and
unbecoming ofgovernmentservantframedagainstme.Butinfactnone
of them isprovedandheld.Asfarasthechargesleveledagainstmeare
concerned, I have not failed to take proper care of the said IAFZ 3049,
entry pass.
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 IwasverycarefulandhadgivenenoughattentiontothesaidEntry
pass. The said Naval Dockyard Pass was carefully kept along with my
Mobilephoneandcash(Rs.5500/-)inasmallleatherbagwhichhasbelt
worn around my neck with all due precautions.

An unknown person, with using criminal force, has snatched my
bag and run away is incident of Theft [Section378inTheIndianPenal
Code,378.Theft-Whoever,intendingtotakedishonestlyanymoveable
propertyoutofthepossessionofanypersonwithoutthatperson'sconsent,
movesthatpropertyinordertosuchtaking,issaidtocommittheft.],the
said incident was beyond my control. Theft of anything is always
unwarranted and uninvited by the victim/DGS. The said items stolen
havebeentakenwithouttheconsentofthepersoninpossessionofiti.e.
DGS.IssueofsuchpunishmentordertotheDGSbeingvictimofTheft,is
nothing less than further victimisation / harassment. It is difficult to
understandhowadepartmentalpunishmentappliedwheretheofficialis
victimised by any of such criminal offence.

After the said untoward theft incident the DGS/ appellant has
approachedtheappropriatelawfulauthority(PoliceStation)toreportthe
theft incident so as to recover the lost items so there is no any
misconduct on my part, there being no malafide intention.

This action sufficient to prove that I was neither negligent nor
carelessinthesaidincident.AlsoIhavecompletednecessaryactionsas
percauseofactionandformalitiesattheplaceofincidentaswellashave
informed thepassissuingauthorityaboutitslossintheftsoastoavoid
any misuse of the said pass, therefore I have acted upon with
responsibility which amply substantiates that I have not acted as
unbecoming of government servant.

(iv) ItwillalsobeappreciatedthatthecostoftheNavalDockyard
entry pass (IAFZ 3049) has been recovered from me as per the
instructionsonthefrontpageofthepassthusissuingsuchpunishment
order to me for loss of the same in a Theft, would amount to Double
jeopardy. I may also seek support to my submissions fromtheorderof
Honble Principal Bench Central Administrative Tribunal in an OA No.
2055/2006, decided on 05.11.2007.
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 (v) The punishment order is vague and infructuous because it
has given punishment for 03 Year, in a prospective date w.e.f. 10 Jul
2017, whereas the appellant is due for superannuation on 31st May 2019.

7. Appellanttherefore,praysyourhonourwithfoldedhandstokindly
consider the appeal sympathetically taking into consideration of the
lawful submissions made above. It is further requested that the said
penalty Order may kindly be set aside and I may please be exonerated
from the said charges.

8. Appellantshallbehighlyobligedof,ifpersonalhearingisgranted
to him for proving his innocence before your final decision against the
appeal. For this act of kindness, the appellant shall remain lifelong
indebted to your good self.

Thanking you in anticipation.
Yours faithfully,



( Shri. Kashinath V More)
Encls : As above

Copy to:
The Admiral Superintendent,
(Disciplinary Authority),
Naval Dockyard, Mumbai- 400 023.











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