Vigilance Awareness Week 2016
IMPORTANT CASE STUDIES
1. During a preventive check, it was seen that a candidate applied for appointment on compassionate ground and submitted Matriculation Certificate showing date of birth as 10/12/1993. However, the candidate had earlier appeared in the Matriculation exam from another board where date of birth was shown as 11/11/1981. There is a difference of 12 years in the date of birth of the candidate between the two certificates. The candidate had earlier admitted to the fact of actual date of birth to be 11/11/1981. Inspite of this, the executives processed the case with date of birth as 10/12/1993 on the basis of candidate’s affidavit and issued the offer of appointment. Responsibility has been fixed on Gr-A officer and the case has been sent to Board for 1st stage advice.
2. A surprise vigilance check was carried out to check the electrical power supply provided to a private school affiliated with Central Board of Secondary Education, functioning under the administrative approval of CLW. The electrical power is fed by CLW to this school for 100KVA, 3 phase supply. The average monthly energy consumption during the check was found to be only 207KWH (Unit) for the period of Aug’15 to May’16. It was also found that two nos. of energy meters with associated CTs are not properly connected and sealed. The original energy meters with associated CTs which were connected during electrical connection to the school had been disconnected by the school authority itself and another set of energy meters with higher ratings of CTs have been connected by them. Further, the CTs are connected after the main switch. Thus, the connection was not found to be as per the usual specification resulting in display of incorrect reading than the actual consumption. The case has been taken up for further detailed investigation.
3. During a preventive check, it was found that a firm had submitted fake authorization certificate allegedly from M/s Vacuumschmelze GmbH & Co., KG, Germany (OEM & Part-I approved supplier of CLW) in a tender for purchase of Ferrite Core. On the basis of this authorization, a PO was placed on this firm. During inspection of the material by RA/Berlin, the firm submitted a Work Test Certificate allegedly issued by M/s Vacuumschmelze GmbH & Co. KG, Germany based on which RA/Berlin issued the IC. This Work Test certificate was also found to be fake. The material was sent to M/s Vacuumschmelze GmbH & Co. KG, Germany for the check of genuineness. M/s Vacuumschmelze GmbH & Co. KG, Germany, the OEM indicated that the supplied material is counterfeit and was not produced by them. Thus, this firm has indulged in fraudulent activity by submitting fake authorization certificate and fake material. Recovery of amount paid to the firm for this material against the said PO has been effected on advice from Vigilance. Banning of this firm from doing business with Railways has been processed.
4. A Preventive check was conducted on supply of microprocessor based control and fault diagnostic system for AC Loco (CPU) as per RDSO Spec. no. ELRS/Spec/MPC-FDS/0001(Rev.3 April, 2013). A total of 83 set of this material was awarded to four firm out of which three firms had supplied a total of 69 set material. As per specification, the configuration data would be transmitted to the system’s web portal for which the firm supplying the system had to create facilities such as server, memory, communication device & support in CLW/Zonal Railways. It has been confirmed from the executive side that the IR server, memory, space communication device and support are not installed in CLW/Zonal Railways. The case has been taken up for further investigation.
5. As a result of a preventive check carried out in the thrust area of internal check machinery in bill passing of contractors and suppliers claim, it was seen that a firm was awarded the contract of rewiring of 300nos. of residential quarters of different Types. It was found that while preparing the bill and forwarding it to the finance for audit and payment, the proper address of the quarters for which payment was proposed to be made was not recorded in the measurement book. Rather, only the number of quarters was being mentioned. This left a scope for repeat payment against the same quarters. A system improvement to incorporate details of the location of work in the measurement book has been advised.
6. A preventive check was carried out in the area of accountal of DA gas. Filled cylinders were weighed and the average short fall was found to be 2.24Kg. It was also seen that the cylinders were being weighed on a test check basis and average short receipt as per record in earlier occasions was seen as only 0.33Kg, 0.29Kg and 0.23Kg. Thus, the weighment on sample basis was not serving its purpose. This office had advised for 100% weighment of gas, both at the time of receipt and return of cylinders as a System Improvement. Out of these, 5% cylinders were to be cross-checked in presence of a gazetted officer. The corrective action as advised was also circulated by the concerned executives, reiterating the system improvement suggested by this office. In spite of the above, it was found during the vigilance check that the suggested procedure was not being followed and weighment of cylinders on sampling basis was still being carried out. The executive has, therefore, been advised to take up the responsible official under D&AR, for not carrying out the instructions.
7. During investigation of a complaint, it was found that an NG staff had falsely claimed his date of birth as 29.07.1956 in place of his actual date of birth as 29.11.1957 in his application for recruitment of Trade Apprentice at Chittaranjan Locomotive Works, Chittaranjan to satisfy the minimum age limit of fourteen years. With his actual date of birth, he was underage for the above mentioned recruitment, not having completed fourteen years of age as per the terms of Apprentice Act, 1961. For this, responsibility has been fixed and major penalty D&AR action has been recommended against him.
8. During investigation of a complaint, it was found that an NG staff was erroneously promoted in the year 1996 against a reserved vacancy, but the staff belongs to UR category. This erroneous promotion was corrected by the Administration in the year 2014, with the instruction to re-fix his pay. Instead of re-fixing the pay, the concerned dealing assistant drew annual increments in favour of the staff and recorded entries of leave encashments in the Service Record. Even the staff, benefited by this erroneous promotion, did not highlight the matter and continued to draw the benefits on the basis of incorrect pay for over a period of almost 20 years. For this, the dealing assistant and the staff have been held responsible. Minor penalty D&AR action has been recommended against them.
S Y S T E M I M P R O V E M E N T
1. Constitution of Tender Committee
While investigating a few works contracts, it was seen that in some of the tender cases two members of the tender committee were from the same department. As per Para 1255 of Indian Code For Engineering Department, (Revised Edition 1982, Fourth Re-print 2012) it is clear that 3rd member should be from another department who also deals with such contract matters. As such DGM has been advised to constitute standing list of 3rd members of TC for various types of contracts at different levels. It has also been suggested that no two members should be under the Tender Accepting Authority.
2. Preventing use of spurious materials with the same brand name
During a preventive check carried out in the area of execution of Works Contract it was seen that in the tender document certain brand names of the items to be used were specified for execution of the contract. During a Joint Inspection carried out by Vigilance, it was found that the firm executing the said works was using the item with the same brand name manufactured locally and not from the firm intended by the Tender Inviting authority. To set right the system of only mentioning the brands in the tender and thereby giving a lee way for pushing in spurious material, a system improvement measure of mentioning full name and address of OEMs in the Tender schedule has been advised to the Executives.
3. Briefing to Selection Committee members
During a preventive check, it was found that the selection committee members, nominated to conduct departmental selection, were not being briefed about the latest rules issued from time to time from Railway Board regarding evaluation of answer sheets, setting of question papers and related aspects with such selections.
Also minutes of the selection proceedings did not indicate whether the members of selection committee have gone through the instructions as mandated vide Board’s letter no. E(NG)I-98/PM1/15 dtd. 18/06/13. Hence, it has been advised that the compliance of Board’s letter should be ensured.
4. Recording of location of works executed in the Measurement Book
A preventive check was carried out in the area of internal check machinery in bill passing of contractors and suppliers claim. a firm was awarded the contract of rewiring of 300nos. of residential quarters of different types. It was found that while preparing the bill and forwarding it to the finance for audit and payment, the proper address of the quarters for which payment was proposed to be made was not recorded in the measurement book. Rather, only the number of quarters was being mentioned. This left a scope for repeat payment against the same quarters. Therefore to weed out this possibility the following system improvement has been suggested:-
“The exact location of the work should be mentioned in the measurement book by the concerned SSE as per para 1320 of IREC. Also the 20% test check being carried out by the Electrical Engineer should specify the quarters being covered under the test check to make the entire process transparent and verifiable.”
5. Incorporating labour cost in the Schedule of rates to ensure payment of wages as per rules.
During a preventive check carried out in the area of wage oriented tenders, it was found that a tender was floated for sweeping cleaning and dumping of waste materials at an estimated cost of Rs. 15,38,740/- for a year. The tender document stipulated that the minimum number of labourers to be deployed should not be less than 15. The lowest bidder offered the rate of Rs. 9,01,730/-. The Minimum wages act of Labour rate at West Bengal stipulated the minimum wage as Rs.220/- per day. Therefore, considering the minimum working days as 300 round the year the wage factor for minimum 15 labourers alone accounted for Rs. 9,90,000/-. Therefore to avoid such recurrence a system improvement measure to incorporate the labour cost in the schedule of rates in the tender document where minimum number of labours has been stipulated has been advised. Also it has been suggested that payment to the labourer by the contractor should be witnessed by the site supervisors.