Minutes of the Ordinary Cantt Board meeting held on 28.07.2014 at 11 a.m. in the office of the Cantonment Board, Meerut. Following were present: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Maj. Gen. Sunil Yadav, YSM, GOC Smt Shipra Rastogi Dr. DN Yadav, CEO Lt. Col Atul Puthia Lt. Col MS Chauhan, VSM Shri Rakesh Tyagi, GE (S) Shri SK Dubey, ADM (City) Shri Prem Kumar Shri Ajmal Kamal Smt Beena Wadhwa Smt Shashi Shri Dinesh Goel Shri Jagmohan Smt Mamta Gupta President Vice President Member Secretary Member Member Ex-Officio Member Member Member Member Member Member Member Member Member Following members were absent: 1. 2. 3. 4. 5. Brig. Jaspal Singh, SEMO Col RK Sharma Shri Rajendra Agarwal, Hon’ble MP Shri Munqad Ali, Hon’ble MP Shri Satya Prakash Agarwal, Hon’ble MP Ex-Officio Member Member Special Invitee Special Invitee Special Invitee 286. ADMINISTRATION OF OATH TO NOMINATED MEMBER To administer the oath of office and secrecy to Brig Jaspal Singh on becoming ex-offcio member of the Board in accordance with the provisions u/s 17 of Cantonments Act, 2006. 286. Resolution. Deferred as Brig. Jaspal Singh could not attend the meeting. 287. ADMINISTRATION OF OATH TO NOMINATED MEMBER To administer the oath of office and secrecy to Lt.Col Atul Puthia on becoming member of the Board in accordance with the provisions u/s 17 of Cantonments Act, 2006. 287. Resolution. Lt. Col. Atul Puthia took oath as nominated member of the Board and Shri Rakesh Tyagi, GE (S) also took oath as Ex-Officio Member of the Board in accordance with provision of Section 17 of CA 2006. PCB appreciated the successful completion of task of Shivratri festival at Augharnath Temple. He congratulated the CEO and his staff members involved in the job. PCB also thanked the civil administration for their active cooperation in maintaining law and order during the festival. He requested the ADM (City) to convey thanks to the higher ups of civil administration. 288. ACTION U/S 26 OF CANTONMENT ACT, 2006. 1. To note the action taken by the CEO with the prior approval of PCB dated 04.07.2014 under section 26 of Cantonments Act, 2006 regarding engagement of Dr. Richa Gupta, Dentist on sharing basis in Cantt General Hospital, Meerut Cantt at the ratio of 30% payable to Cantt Board and 70% payable to doctor after deducting cost of material, all material and plants including dental chair will be provided by Dr. Richa Gupta. 2. To note the action taken by the CEO with the prior approval of PCB dated 08.07.2014 under section 26 of Cantonments Act, 2006 regarding auction of transfer of collection rights of rickshaw registration fee and rickshaw puller registration fee for the year 2014-15 @ the highest bid of Rs. 8,80,000/- offered by Shri Sohan Pal Singh S/o Sh. Jaypal Sing resident of 17, Shanti Kunj, Rohta Road, Meerut. 3. To note the action taken by the CEO with the prior approval of PCB dated 10.07.2014 under section 26 of Cantonments Act, 2006 regarding engagement of Shri Rahul Kanaujia as Draftsman on contract basis for a period of one year @ of Rs. 377/per day. 4. To note the action taken by the CEO with the prior approval of PCB dated 08.07.2014 under section 26 of Cantonments Act, 2006 regarding engagement of Shri Sandeep Kumar as JE (Civil) on contract basis for a period of one year @ of Rs. 12000/- per month. 288. Resolution. Noted and approved. Further Shri Jagmohan stated that provision of section 26 of CA, 2006 be invoked sparingly and issues coming within the ambit of section 26 of CA, 2006 should be classified. PCB directed the CEO to do the needful. 289. CONFIRMATION OF FINANCE COMMITTEE PROCEEDINGS. To confirm proceedings of Finance Committee meeting held on 11.07.2014. 289. Resolution. Confirmed. Shri Jagmohan stated that meeting of Finance, General and Civil Area Committee should be held every month. CEO assured that it will be tried to hold meeting of sub-committees regularly but depending upon the availability of time. 290. FIXATION OF CHARGES OF VARIOUS PROCEDURES/TREATMENTS AT DENTAL OPD IN CANTT GENERAL HOSPITAL, MEERUT CANTT To consider the rates for various procedures/treatment at Dental OPD in Cantt General Hospital, Meerut Cantt. Board is informed that Dr. Richa Gupta, BDS, MIDAFAGE, Dental Surgeon and Cosmetic Dentist has been engaged on sharing basis in Cantt General Hospital, Meerut Cantt. The above arrangement is as per programme of up-gradation of medicare facilities in Cantt General Hospital, Meerut Cantt. Dr. Richa Gupta has given rates for various procedures and operations to be levied at Dental OPD. The list of proposed charges is put up before the Board for consideration. Relevant file alongwith list are put up on the table. Board is requested to consider and take suitable decision in the matter. 290. Resolution. Considered and approved the proposed rates for various treatment of procedures at dental OPD to be charged on sharing basis in Cantt General Hospital duly verified by the MO I/c. 291. AMENDMENT IN PAY FIXATION PROCESS OF PROMOTION IN THE SAME PAY SCALE. To consider application submitted by S/Sh. Naresh Chand Sharma & Naresh Pal Singh, Lect., C.A.B Inter college, Meerut for grant of one increment at the time of promotion for the post of Lect. in accordance UP Govt. GO. No. VeAa-2-1946/Das62(M)/2009 TC dated 12.01.2010 and 1390/15-8-11-3014/10 dated 18.11.2011. Office Report 1. Board is informed that S/Sh. Naresh Chand Sharma & Naresh Pal Singh, Lect. was granted Promotional Scale in TGT cadre in Pay Band 9300-34800+ G.P 5400/- w.e.f 01.12.2008 and they were promoted to the post of Lect. on 19.07.2011 & 30.11.2010 (respectively). The Promotional Scale in TGT cadre and Pay Scale of Lect. are same Pay Band + Grade Pay. As per pre- pay fixation rule, these employees are promoted in same pay scale, were not entitled of one increment at the time of promotion. So, the office did not granted benefit of increment at the time of promotion of above employees. SI. No . Name of Teacher Date of Initial appoint ment Date of Granted Promoti onal Scale actually Date of Promoti on in Lecturer Pay Band + Grade Pay in Promo tional Scale Pay Band + Grade Pay to the post of Lectur er Band Pay + Grade Pay before Promotio n of Lecturer Band Pay+ Grade Pay after promot ion of Lect. 1. Sh. Naresh Chand Sharma, Lect. Sh. Naresh Pal Singh, Lect. 01.07.84 01.12.20 08 19.07.20 11 930034800 +5400 930034800+ 5400 19930+54 00= 25330 19930+ 5400= 25330 06.04.3 01.12.20 08 30.11.20 10 930034800 +5400 9300+3 4800+5 400 19150+54 00=24550 19150+ 5400=2 4550 2. 2. Now, as per UP Govt. GO. No. VeAa-2-1946/Das-62(M)/2009 TC dated 12.01.2010 and 1390/15-8-11-3014/10 dated 18.11.2011, those State government employees have granted selection / promotional scale and promoted in same Pay Band + Grade Pay, they are entitled of one increment at the time of promotion and next increment be granted on same time of annual increment. Details as are under:3. As per memorandum of settlement, Cantt Board Employees are entitled pay & allowances at par with State Government Employees and sanctioning authority for grant of promotional scale is the G.O.C in C, Central Command, Lucknow under Rule 47 read with rule 19(b) of Cantt Account Code 1924. 4. Board is requested to approve the amendment as provided in UP Govt. GO. VeAa-2-1946/Das-62(M)/2009TC dated 12.01.2010 and 1390/15-8-113014/10 dated 18.11.2011 in pay fixation of entitle teachers at the time of promotion in same Pay Band + Grade Pay and necessary proposal be forwarded to the GOC-in-C, CC for sanction. Band Pay+ Grade Pay be grant ed as per GO 20690 + 5400= 26090 /19890 +5400 = 25290 /- Relevant file along with office report is placed on the table. 291. Resolution. Considered and recommended that necessary proposal for grant of one increment at the time of promotion for the post of Lecturer in accordance UP Govt. GO. No. VeAa-2-1946/Das-62(M)/2009 TC dated 12.01.2010 and 1390/15-8-11-3014/10 dated 18.11.2011 to the entitled teachers as mentioned in the agenda, be forwarded to the GOC-in-Chief, HQ CC for sanction. 292. GRANT OF ASSURED CAREER PROGRESSION (ACP) TO THE CANTT BOARD MEERUT EMPLOYEES W.E.F. 01.12.2008. To consider UP Govt. Go. No. Ve Aa-2-561/Das-62(M)/2008 dated 04.05.2010 and UP Govt. Go. No. Ve Aa-2-2104/Das-62(M)/2008 /TC dated 22.12.2011 regarding grant of 03 ACP on completion of 10,16 & 26 years satisfactory service w.e.f 01.12.2008 and grant of Grade Pay of Rs. 2400/- ignoring grade pay of Rs.2000/while may granting 1st ACP on completion of 10 years service to its employees having grade pay of Rs. 1900/- to the employees/ officers of all cadres of UP State govt. in the revised pay structure implemented w.e.f 01.01.2006. Office Report 1. Board is informed that for grant of ACP, every department shall constitute a screening committee consists of a President and two members. Generally, there will be two meetings of screening committee in January & July every year and committee will submit their report within 15 days to the appointing authority/ competent authority who will approve the financial up-gradation based on report of screening committee. There are 61 cases is due in which benefit of ACP as per GO’s referred above. 2. It is submitted that as per memorandum of Settlement, Cantt Board employees are entitled for the pay and allowances at par with state Govt. employees. Therefore,pay and allowances of Cantt Board employees have been revised w.e.f. 01.01.2006 at par U.P Govt employees by the Goc-in-C,CC vide letter No. PC34238/UK/Pay Rev-06/LC-06 dt. 19.08.2009. 3. Since, the state Govt has revised the system of time scale by introducing ACP scheme in the revised structure to its employees vide Go.referred above , the employees of Cantt Board are also entitled to get 03 ACP in place of time scale w.e.f. 01.12.2008. It is recommended that proposal seeking sanction for grant of ACP to the Cantt Board employees w.e.f. 01.12.2008 under Rule 7 read with Rule 19(b) of Cantt Account code , 1924 may be forwarded to the HQ CC, Lucknow. Relevant file and list of entitled employees for ACP alongwith office report and UP Govt. GO is placed on the table. Board is requested to consider and decide. 292. Resolution. Considered and recommended that proposal seeking sanction for grant of ACP to the entitled Cantt Board employees in accordance with UP Govt. GO. No. Ve Aa-2-561/Das-62(M)/2008 dated 04.05.2010 and UP Govt. GO. No. Ve Aa-2-2104/Das-62(M)/2008 /TC dated 22.12.2011, under Rule 47 read with Rule 19(b) of Cantt Account Code , 1924 be forwarded to the GOCin-C, HQ CC, Lucknow. 293. GRANT OF PROMOTIONAL SCALE TO THE TEACHER To consider application submitted by Shri Tejveer Singh, TGT dated 23-04-2014 requested to grant for Promotional Scale after completion of 12 years service in Selection Scale in accordance with UP GO. No. 4307/15-8-3038/99 dated 20-12-2000 ,UP Govt. GOs No310/15-8-2009/2009 dated 24-02-2009 & UP Govt. Go. No. 1551/15-08-2012-3011/09 dated 23.11.2012. Office Report As per UP Govt. GO No. 4307/15-8-3038/99 dated 20-12-2000 and UP Govt. GO. No. 310/15-8-2009/2009 dated 24-02-2009 a teacher who has completed 12 years satisfactory service is entitled for Promotional Scale. Further UP Govt. has revised the promotional scale of Rs. 9300-34800 + GP 5400/- to Rs. 15600-39100 + GP 5400/- as per para of UP Govt. Go. No. 1551/15-08-2012-3011/09 dated 23.11.2012. Shri Tejveer Singh, TGT has complected 12 years satisfactory service in the selection scale on 12-02-2014 and the Princapal CAB Inter College has recommended the work conduct of teacher is satisfactory and no disciplinary action is intiated against him. As such he is entitled for Promotional scale as per UP Govt. GO. No. 4307/15-8-3038/99 dated 20-122000, UP Govt. GO. No. 310/15-8-2009/2009 dated 24-02-2009 & UP Govt. Go. No. 1551/15-08-2012-3011/09 dated 23.11.2012. Sl N O. 1. Name of Teacher Date of appoint ment/ Promotio n in Present Scale Shri Tejveer 12.02.87 Singh, TGT. / 19.02.19 92 Date on Selectio n Scale was granted 19.02.20 02 Date on which 12 years Complet ed in Selection Scale 19.02.20 14 Presen Prese t pay nt Band Grade Pay of Post 930034800 4800 /- Promoti onal Scale pay Band to be granted 1560039100 Promoti onal Grade Pay to be Granted 5400/- As per Memorandum of Settlement Cantt Board employee is entitled for Pay and allowances at per with State Govt. Employees. The sanctioning authority for grant of sanction of revision of Pay in the GOC- IN- CC under rule 47 read with 19(b) of Cantt Account Code 1924. Board is requested that the proposal seeking sanction under 47 read with rule 19(b) of Cantt Account Code 1924 for Promotional Scale after completion of 12 years satisfactory service in Selection Scale in accordance with UP GO. No. 4307/15-8-3038/99 dated 2012-2000, UP Govt. GO. No. 310/15-8-2009/2009 dated 24-02-2009 & UP Govt. Go. No. 1551/15-08-2012-3011/09 dated 23.11.2012, be forwarded to HQ, Central Command Lucknow. Relevant file along with GO is placed on the table. 293. Resolution. Considered and recommended that the proposal seeking sanction under 47 read with rule 19 (b) of Cantt Account Code 1924 for Promotional Scale after completion of 12 years satisfactory service in Selection Scale to Shri Tejveer Singh, AT (TGT) in accordance with UP GO. No. 4307/15-83038/99 dated 20-12-2000, UP Govt. GO. No. 310/15-8-2009/2009 dated 24-022009 & UP Govt. Go. No. 1551/15-08-2012-3011/09 dated 23.11.2012, be forwarded to HQ, Central Command Lucknow. 294. REMOVAL OF ADVOCATE FROM THE PANEL OF THE CANTONMENT BOARD, MEERUT IN R/O DISTRICT COURT, MEERUT. To consider letter dated 02.07.2014 received from Shri Sanjai Tandon, Advocate, Civil Court, Meerut requesting to reduce the number of cases to 20 cases at a time and also requested to enhance the counsel fees. Board is informed that Shri Sanjai Tandon, Advocate are working as a panel lawyer of Cantonment Board in the District Court, Meerut. Shri Sanjai Tandon vide letter under reference alongwith list of cases stating therein that numbers of cases entrusted to him is quite large and so proper handling thereof, in view of the facilities provided and the time in hand, is very difficult and in this situation undue advantage can be taken which will be against the interest of the Cantonment Board Meerut. He has also stated that for better results in the interest of Cantonment Board, Meerut, kindly reduce the number of cases to 20 cases at a time and transfer the rest of the cases to any other panel advocate of the Board. Shri Sanjai Tandon at present are contesting approx 82 cases for and on behalf of Cantonment Board, Meerut. Board is informed that earlier Shri Sanjai Tandon had resigned on the same issues & after some time he again requested the Board for his appointment as Advocate and the Board had consider and appoint him as Advocate of Cantonment Board. Now, he again submitted a letter on the same issues as raised earlier. Board is informed that other counsels namely Shri PS Jain and Shri Mahesh Kushwaha are contesting above 150 cases each without any extra demand. The report submitted by the Parokar of Cantonment Board Meerut is placed opposite for perusal please. Board is requested that engagement of Shri Sanjai Tandon, Advocate as a panel lawyer of Cantonment Board may be examined. Relevant papers are putup on the table. Board is requested to consider and take suitable decision in the matter. 294. Resolution. Considered. CEO brought to the notice of the Board that Shri Sanjay Tandon, Advocate, met him and he desired that not more than 20 cases be allotted to him as he is over burdened. Cantt Board unanimously resolved that Shri Sanjay Tandon, Advocate be removed from the panel of Cantonment Board if he could not handle at least 75 cases and the cases be allocated to some other Advocates by the CEO. Shri Dinesh Goel dissented. 295. REMOVAL OF ADVOCATE FROM THE PANEL OF THE CANTONMENT BOARD, MEERUT IN R/O DISTRICT COURT, MEERUT. To consider report dated 17.06.2014 submitted by Court Parokar of Cantonment Board Meerut regarding termination of engagement of Shri Praveen Mittal, Advocate from the panel lawyers of Cantonment Board, Meerut. Board is informed that Shri Praveen Mittal, Advocate is working as a panel lawyer of Cantonment Board in the District Court, Meerut and at present he is handling only 03 cases. The parokar had informed that he is regularly going to USA for six months every year and in the absence of advocate, the Cantonment Board Meerut upon filing adjournment application before the Court and Court has imposed heavy cost upon the Board and in the absence of the advocate, the Board has lost some important matters. Some important cases were transferred to Shri PS Jain Advocate. The report submitted by the Parokar of Cantonment Board Meerut is placed on the table. It is proposed to renew the contract of Shri Praveen Mittal, Advocate as a panel lawyer of Cantonment Board. Relevant papers are putup on the table. Corrigendum Item No. 295. In the 4th para of the agenda following be read “It is proposed to terminate the contract of Shri Praveen Mittal advocate as a panel lawyer Cantt Board” instead of renewal. 295. Resolution. Considered and resolved that Shri Praveen Mittal, Advocate, be requested to review the cases being handled by him and if required cases be entrusted to some other suitable Advocate by the CEO. Shri Dinesh Goel dissented. 296. ENGAGEMENT OF COUNSEL ON PANEL FOR DISTRICT COURT MEERUT. To consider application dated Nil received in this office on 03.06.2014 with resume submitted by Shri Prashant Jain, Advocate requesting therein to given an opportunity of serving Cantonment Board, Meerut in District Court. Board is informed that the services of Shri Sanjai Tandon and Shri Praveen Mittal, Advocates of Cantonment Board, are not satisfactory. The cases contested by both the advocates are approximately 40 numbers and in the larger interest of Cantonment Board, one advocate is required to be engaged for contesting the cases before the District Court, Meerut. At present Shri PS Jain is contesting approximately 150 cases, Shri Mahesh Kushwaha is also contesting approximately 150 cases and Shri Om Veer Sharma newly appointed advocate is contesting approximately 17 cases. Approximately 40 cases of Shri Sanjay Tandon and Shri Praveen Mittal can be distributed between Om Veer Sharma and Shri Prashant Jain, if approved by the Board. All relevant documents are placed on the table for consideration of Board. 296. Resolution. Considered and resolved that Shri Prashant Jain, Advocate, be taken on panel of the Board on temporary basis for six months on the same terms and condition as applicable to other Advocates for which he will not be paid monthly honorarium except required expenditure/legal charges. Shri Dinesh Goel dissented. 297. CONSTRUCTION OF EFFLUENT/SEWAGE TREATMENT PLANT Reference: CBR No. 109 dated 26.011.2013 To consider the DPR submitted by the expert/consultant engaged vide CBR under reference for survey, design, preparation of DPR and supervision during execution for effluent/sewage treatment plant in Meerut Cantonment. OFFICE REPORT The tender/offer/EOI were invited for engagement of consultant after preparation of tender/offer/EOI documents on basis of CFR 2005 (duly vetted by CBLA) under two bid system (technical bid & financial bid) and M/s Sanreen Designers Pvt. Ltd. was selected by the Board vide CBR under reference @ 1.52% of the project cost for preparation of DPR and supervision of scheme during execution. The task of survey, design, preparation of DPR and supervision during execution for effluent/sewage treatment plant was assigned to M/s Sanreen Designers vide CBR under reference. The expert carried out the preliminary survey in all four bazaars in Cantt area, analyzed the topography and suggested that the pilot project be taken up at a location and area for collection of sewage in Sadar Bazar with suitable reasons for selection of the same (see page 25 of preliminary report). The expert /consultant selected the area in Sadar Bazar (figure/map 6.3 at page No. 28 of preliminary report) of intervention, consideration of present population, intermediate design period and ultimate design period as 2014, 2029 & 2044 (at page No. 29 of preliminary report) including water demand calculation. The location of ETP main sewer lines their slopes (figure/map 6.4 at page No. 30 of preliminary report). The expert/consultant has selected the site for proposed STP beneath the ground in a unused corner of Bhansali Ground on C class land comprising Sy. No. 357/1762 described as school play ground without disturbing the activities for which the land is being used. The expert/consultant has submitted the DPR of STP of 700KLD at Sadar Bazar after detailed survey, ground water/soil test, water supply rate in the projected area considering CPHEEO guide line, population projections considering growth rate 2.7% per annum and sewage generation upto the ultimate design period of 30 years i.e. 2044 giving design criteria for sewage on page 18 of vol. 1 of DPR and showing schematic diagram for process of sewage treatment figure 5.1 on page 24 of DPR. The expert /consultant has submitted the BOQ (bill of quantities) of all the components for the scheme in Vol. 2 of DPR. The design calculation sewer and invert level, design structure STAAD report for STP building, soil investigation report, survey plan & all drawings. Expert/consultant has further intimated that the DPR is being checked and verified by the expert faculty as a vetting team of Jamia Milia Islamia, Delhi (Govt. Institute) as per terms and conditions of the tender /EOI document. The expert/consultant has submitted the project proposal for Rs.62598955/(Six crore twenty five lacs ninty eight thousand & fifty five only). The relevant file along DPR including design estimates, drawing and costing is put up on the table. Board is requested to consider and decide. 297. Resolution. Project considered and approved. Board noted and approved the revised project proposals cost in process of vetting by Jamia Milia Islamia, New Delhi i.e. Rs. 8,66,85,835/- (Rupees Eight crore sixty six lacs eighty five thousand eight hundred and thirty five only) as intimated by consultant vide letter No. 11/STP/CBM/25072014 dated 25.07.2014. The Board resolved that duly vetted proposal be forwarded to the competent authority for sanction out of grant from fund under object head 35 for creation of capital assets under the head of infrastructure development. Board further considered request of consultant and resolved that payment up to the stage completed as per tender document/EOI be released. 298. CONTRACT FOR ENGAGEMENT OF AGENCY FOR PROVIDING SKILLED/SEMI SKILLED /UNSKILLED MANPOWER IN CANTT BOARD MEERUT FOR ONE YEAR. Reference CBR No. 248 dated 09.06.2014. S N 1 2 3 4 To consider and approve the tender for engagement of out sourcing agency for providing skilled/ semi skilled/unskilled manpower in Cantt Board Meerut for one year. Name of Rates for service Rates for service charges of Rates for service charges agency charges of agency for agency agency Skilled Manpower Semi Skilled Manpower Unskilled Manpower Clerk, Lib cum Clk, Driver, OT Asstt, etc Safaikaramchari, Beldar, MPA, Draughtsman Min. Rate : Watchman, Mali , Peon Electrician, Pharma etc Rs. 8955 etc Total min wage 10539 Min. Rate : Rs. 7908 (incl. PF & ESI subs) Rate Service Total Rate of Service Total Rate of Service Total of tax as wages service tax as wages service tax as wages servic applicab chr of applicab chr of applicab e chr le agency le agency le of agenc y M/s 631/- 1380/- 12550 536/1173/- 10664/- 474/1036/- 9418/ Raghubir per /per per Singh head head head Nishant per per per Yadav mont month month Asso. h M/s AK 153/- 330.38 11022 135/280.88 9370.88 117/247.97 8272. Enterpri per .38//per 97 per ses head head head per per per mont month month h M/s 177.8 As per 151.32 As per 133.64 As per Garrison 4 per Govt. per Govt. per Govt. Securita head norms head norms head norms s Regd per per per mont month month h M/s 137/- 329.88 11005 116.41 280.30 9351.71 102.80 247.53 8258. Bhagwat paise .88/paise paise 33 i Security Services OFFICE REPORT It is submitted that Tenders in two bid system were invited on 14.07.2014 through press advertisement published. Four Tenders have been submitted by the above referred agencies on 14.07.2013. M/s Bhagwati Security Services has quoted lowest service charges of agency. . It is submitted that over all lowest rates have been quoted by M/s Bhagwati Security Services. Relevant file No. MCB/10033/Labour 2014-15 is placed on the table. Board is requested to consider and take decision in the matter. 298. Resolution. Considered and resolved that lowest rates quoted by M/s Bhagwati Security Services as mentioned on agenda side is approved for a period of one year w.e.f. the date of execution of agreement. Necessary agreement be got executed. 299. DECISIONS/INTERIM ORDERS PASSED BY THE COURT OF CIVIL JUDGE (SD) MEERUT AND ADDITIONAL CIVIL JUDGE, COURT NO. 5, MEERUT. To Consider the orders passed by the Civil Judge (SD) Shri Ramender Singh, PCS (J) against Cantt Board Meerut in Suit No. 168 of 2013 Sanjay Bhatnagar Vs. Cantt Board Meerut & OS No. 495 of 2014 Shivam Aggarwal Vs. Cantonment Board, Meerut. Board is further informed that Shri Abhay Kishan Tiwari, Additional Civil Judge (SD), Meerut Court No. 5 has also passed orders against Cantonment Board Meerut in Suit No. 1504 of 2013 titled as Maya Devi Vs. Cantt Board and OS No. 702 of 2014 Balbir Singh Vs. Phool Chand & Others. In the aforesaid cases the Hon’ble Courts have passed orders completely ignoring the facts & law even the orders passed by the Division Bench of Hon’ble High Court, Allahabad in the matter of Shivam Agarwal has been circumvented on the basis of false documents. Board is requested to consider the interim orders passed in the above mentioned cases for further appropriate action/proceedings. All relevant documents are placed on the table for consideration and to note by the Board. 299. Resolution. Considered and resolved that the matter be taken up with the appropriate higher judicial forum provided under the law. Further resolved that the matter should also be brought to the notice of the Hon’ble Chief Justice and administrative Judge of the Hon’ble High Court Allahabad as the Hon’ble Civil Judge (SD) has been granting temporary injunction in so many cases without any cause and even without giving opportunity of hearing to the Board. The Board is apprehensive that all such cases involve misuse of defence land involving market value approx 200 crore and in the garb of temporary injunction the occupants may convert the sites into highly commercial zone which may lead to a big scam of defence land in future. The Board is also surprised that how temporary injunction has been granted to one Shri Shivam Aggarwal in the matter of illegal mobile tower in B. No. 177 whereas the matter has already been decided by the Hon’ble Single Bench as well as Double Bench of High Court, Allahabad against his father Shri Sanjay Aggarwal and accordingly the illegal mobile towers had already been removed. The Board noted it as mockery of judiciary that one hand Shri Sanjay Aggarwal has filed review against the order dated 23.04.2014 passed by Hon’ble Division Bench and on the other hand his son is filing suit against Cantt Board that his father is in collusion with Cantt Board for removal of towers. The Board resolved to bring all facts to the notice of Hon’ble High Court in the form of representation. 300. PLATFORM / PHARS AT GUJRATI MARKET, BOUNDARY ROAD TO AVOID THE TRAFFIC CONGESTION AT BOUNDARY ROAD, BEGUM BRIDGE ROAD AND ZERO MILE AND DEVELOPMENT OF TRIANGLE Reference : CBR 180 dated 04.03.2014 The Board is intimated that the triangle at Boundary road, Lalkurti is in shape of platform and used by 70 Nos of cloth merchants on daily tehbazari basis shopkeers. It is proposed to reduce the traffic congestion by shifting the daily tehbazari shopkeeper and develop the site as “Ahimsa Dwar”. OFFICE REPORT It is intimated that the said site is situated along national highway no. 119 comprises GLR Sy No. 332 classified as Class “C” admeasuring 360 sqft and having road at all three sides. At present the site is being used by venders during painth on “Tuesdays & Saturdays”. During painth time the traffic at roads surrounding the site remains almost blocked. Traffic police and district administration have reported the problem from time to time. In this connection to resolve the issue the merchants be shifted from triangular platform to Gujrati market and also mentioned in CBR No. 180 dated 04.03.2014 The estimate for development of triangular as “Meerut ki Pehchan” named as “Ahimsa Dwar” have been prepared by JE (C) and verified by AE on basis of MES SSR 2010 after incorporating the approved percentage of contractor for the year 20142015, which comes to be Rs. 9,89,220,00. Expenditure is to meet out under head D-2, and budgetary provision exists. Relevant file is put up on the table. Board is requested to consider and decide. 300. Resolution. Considered and resolved that all the temporary occupants of the said place be rehabilitated at Gujrati Market by constructing phars and the estimate of Rs. 9,89,220/-as mentioned on the agenda side is approved for development of triangular plot as Ahinsa Dwar on Boundary Road to ease the traffic congestion. Further resolved that detailed report be placed in the next Board meeting regarding the action to be taken with reference to the amount deposited by the vendors of the above triangular plot deposited by them for construction of sheds in the year 2008-09. Shri Jagmohan dissented. He wanted that earlier resolution constructing Kranti Dwar near Mehtab talkies be implemented first. 301. of COLLECTION RIGHTS OF PARKING CHARGES FROM PARKING PLACE AT CHAT BAZAR, MEERUT CANTT To consider highest bid of Rs. 59,500/- per annum offered by Shri Rajesh Kumar s/o Shri Roop Kishore r/o 470/2, Bhagwat Pura, Meerut regarding collection rights of parking charges from parking place at Char Bazar, Meerut Cantt. OFFICE NOTE Board is informed that the auction for collection rights of parking charges from parking place at Chat Bazar, Meerut Cantt was conducted on 24.6.2014 in the office of the Cantonment Board Meerut after wide publicity in daily Newspaper. 03 bidders have participated in the auction proceedings and Shri Rajesh Kumar s/o Shri Roop Kishore r/o 470/2, Bhagwat Pura, Meerut offered highest bid of Rs. 59,500/regarding collection rights of parking charges from parking place at Char Bazar, Meerut Cantt which is seems to be reasonable and there is an increase of amount Rs. 2,625/- from the previous contract. Relevant file is put on the table. Board is requested to consider and decide. 301. Resolution. Considered and resolved that highest bid of Rs. 59,500/offered by Shri Rajesh Kumar for parking collection rights from parking of Chat Bazar is approved for a period of one year. Necessary agreement be got executed. 302. COLLECTION RIGHTS OF TOLL TAX Reference: CBR No. 225 dated 30.04.2014. To consider the collection of toll tax on 06 toll collection points within Meerut Cantonment area by its own arrangement of the Board. OFFICE NOTE Board is informed that the sealed tenders were invited on 06.06.14, 25.06.14, 08.07.2014 & 16.07.14 regarding collection rights of toll tax after wide publicity in leading newspapers for period of one year as the contract awarded to Shri Praveen Bansal for one year w.e.f. 01.04.14 has got ended on 17.07.14 as per three months notice dated 19.04.14 submitted by the contractor for surrender of contract. Board is informed that outcome of earlier tenders invited on following dates by giving notices in Daily News Papers are as under: 1. 2. 3. 4. 06.06.2014 25.06.2014 08.07.2014 16.07.2014 - No one participated. No one participated. Only one person submitted tender for Rs.78,801/- per day. No one participated. Relevant file is put on the table. Board is requested to consider and decide. 302. Resolution. Noted. Considered and resolved that fresh notice be got published inviting bid for collection rights of Toll Tax for a period of one year giving wide publicity in National & local news papers as well as websites. Further resolved that the departmental collection of toll tax be supervised by the Jt. CEO and also the average of the recovery per day be calculated and placed before the Board for information. 303. PAYMENT OF LEGAL FEE/RETAINING FEE IN R/O CASE OF ARBITRATION FOR HOARDINGS/UNIPOLES. Reference: letter dated 01.07.2014 submitted by Shri Rais Ahmed, Advocate. OFFICE NOTE Board is informed that Shri Rais Ahmed, Advocate was appear before the Arbitrator/Director, DE, CC, Lucknow for and on behalf of Cantonment Board, Meerut in r/o Arbitration case of Hoarding/Unipoles. Sh Rais Ahemd, Advocated has submitted vide letter under reference that the arbitration proceeding involves heavy financial stakes as well as study with various Court ruling etc in the case. Therefore, legal fee in term of arbitration proceeding as may be fixed of Rs. 5,500/- Plus 300/- as misc. expenses for filing written submission if any, desire by the arbitrator. Sh Rais Ahmed also contesting the matter of unatuthorized construction on behalf of this office in the Court of Appellate authority, Central Command, Lucknow. Therefore, the matter for legal fee may be considered by the Board for early disposal of the case. Relevant file is put on the table. Board is requested to consider and decide. 303. Resolution. Considered and resolved that Shri Rais Ahmed, Advocate be paid Rs. 5500/- as fee and Rs. 300/- for misc expenses for contesting arbitration case before the Director Defence Estates, Central Command, Lucknow. 304. SHIFTING OF 23 PLATFORM/PHARS AT NALA ON SUBJI MANDI, SADAR TO INSIDE THE SUBJI MANDI, SADAR, MEERUT CANTT. Reference: Demolition action to open and cleaning of Nala situated at Sabji Mandi, Sadar, Meerut Cantt. To consider the arrangement of selling vegetable by those whose illegal shops have been demolished/removed during demolition action on 28.06.2014 to open and cleaning of Nala situated at Sabji Mandi, Sadar, Meerut Cantt which was covered by the 23 Platform/Phars of Cantt Board situated on Nala, in Subji Mandi, Sadar, Meerut Cantt. OFFICE NOTE Board is informed that Cantonment Board, Meerut has demolished/ removed the 23 Platform/Phar on 28.06.2014 to open and cleaning of Nala situated at Sabji Mandi, Sadar, Meerut Cantt which was covered by the 23 Platform/Phars of Cantt Board situated on Nala by way of pucca shops illegally. In this regard, it is suggested that Board may consider the arrangement of those 23 Platform/Phars inside the Sabji Mandi, Sadar. Relevant file is put on the table. Board is requested to consider and decide. 304. Resolution. Considered and resolved that twenty three phar/platform removed from nala Sabzi Mandi be shifted suitably inside the Sabzi Mandi which is ‘C’ class land. In this regard it is also resolved that all unauthorized occupants or the occupants who have occupied more than allotted space should be restricted to the sanctioned space. 305. APPOROVAL OF ESTIMATES FOR MAINTENANCE WORKS: 2014-15 To consider and approve the estimates for the following maintenance works. Board is informed that the total tendered amount have already approved by the Board vide CBR No. 220 dated 30.04.2014. The following works will be undertaken within the tendered amount approved by the Board during the year 2014-15. S.No. 1. 2. 3. 4. NAME OF WORK ESTIMATED COST Development of roundel near crossing near Gate Rs.500000.00 No. 2 of Gandhi Bagh Sardhana Road, comprising Sy.No. 459, MES road and Toll tax/vehicle entry fee on the said road is being collected by Cantonment Board Meerut Patch work and culvert ramps in Cantt area Rs.1600000.00 Recarpeting of Lal Kurti road earlier being used Rs. 150000.00 as Subzi Mandi Raising of platform/phar at Gujrati Market Rs. 400000.00 The estimates prepared by Shri KA Gupta, JE (Civil) & verified by Shri Piyush Gautam, AE are placed on the table. Necessary budget provision exists in respective budget head D2 in the original budget estimates for the year 2014-15. Relevant file along with estimates are put up on the table. Board is requested to consider and decide. Corrigendum Item No. 305. In serial No. 3 of the table amount of “Rs. 15,00,000/- (Fifteen lac)” be read instead of Rs. 1,50,000/-. 305. Resolution. Considered and resolved that estimates mentioned on the agenda side be approved. Further resolved that amount in respect of serial No. 3 mentioned in the agenda side be correct to read as 15 lac instead of 1,50,000/-. 306. PARKING ARRANGEMENT TO BE MADE BY ST. MARY’S ACADEMY To consider issuing direction to the management of St. Marry’s Academy for providing parking arrangement to the parents/visitors of School inside School premises. Board is informed that on carriappa road in front of St.Marry’s Academy in the morning and afternoon there is big congestion on road due to parking on vehicles which creates in connivance to the General Public passing through the Carriappa road-Mall road. The School Principal has been apprised the problem during meeting between the CEO and the Principal held on 10.07.2014. The Principal has assured that he will contact the Police Administration in this regard but nothing has taken place. In the interest of the general public it is essential that for smooth flow of traffic some solution to the problem be find out. Board is requested to consider and take suitable decision in the matter. Relevant file alongwith office report is placed on the table. 306. Resolution. Considered. The Board discussed the agenda in detail and found that the school authority has been increasing the classes year by year without making any permanent arrangement for parking and so the Board resolved that in the public interest management of St. Mary’s Academy Meerut Cantt be issued notice to arrange parking of vehicles visiting the school/dropping & collecting the children inside the campus of the school as there is big problem of road congestion on Carriapa Road-Mall Road. If the school authority fails to comply with the genuine requirement of permanent parking inside the school, its further building plan will be considered accordingly only if they arrange permanent parking facility inside the school rather than ongoing parking on main road. Shri Prem Kumar, Smt Beena Wadhwa and Shri Jagmohan dissented. 307. TO OPEN THE SEALED COVER REGARDING DISCIPLINARY PROCEEDINGS AGAINST DR. ANURADHA GUPTA Reference CBR No. 351 dated 25.02.2013. To consider and open the inquiry report in the matter of disciplinary proceeding against Dr. Anuradha Gupta lady RMO, Cantt General Hospital Meerut Cantt. Relevant file is put up on the table. Board is requested to consider and take decision in the matter. 307. Resolution. The inquiry report submitted by Mr. Nagphoram, AGM, Army Base Workshop Meerut Cantt opened before the Board. The inquiry report requires study. Unanimously, resolved that the report be studied by Lt. Col Atul Puthia and submit his report for consideration in the next Board meeting. 308. NOC FOR PASSPORT OF DR. ANURADHA GUPTA Reference CBR No. 41 dated 26.08.2013. To consider application dated 05.05.2013 received from Dr. Anuradha Gupta, Lady RMO Cantt General Hospital Meerut Cantt, requesting therein to issue No Objection Certificate for renewal of her Passport as term of passport has expired. OFFICE REPORT 1. It is submitted that Dr. Anuradha Gupta, Lady RMO Cantt General Hospital Meerut Cantt, vide application under reference has requested to grant NOC for renewal of her Passport on the format Annexure B as per new Govt norms. 2. In this connection, it is reported that the following points to be considered and verified by the department :(a) The nature of work the Govt servant is handing in the department and other subsidiary factors like general behavior, associations etc. (b) Whether any disciplinary / contemplated against him/her. vigilance case is pending or (c) Whether there are ground to believe that the applicant could figure adversely on the security records of the Govt. If the employee does not attract any of the above grounds, an `NOC’ may be invariably issued in his/her favour. 3. The MO I/C vide report dated 06.06.2013 has forwarded the application of the individual to the CEO for necessary action. 4. It is further reported that applicant was placed under suspension in Aug 2010 subsequently re-instated in the service under authority of CBR No.401 dated 11.03.2013 pending CBI Inquiry/disciplinary proceeding. Board is informed that an Inquiry was initiated by CBI in 2012. The IO CBI has submitted a copy of Inquiry report in this office in June 2013 in which the applicant has not been charged. The disciplinary authority has yet to decide the two disciplinary proceedings pending against her. Relevant file alongwith office report is placed on the table. Board is requested to consider and take a decision in the matter. 308. Resolution. Considered and resolved that in view of the pending disciplinary proceedings the request for grant of NOC for obtaining passport to visit abroad is pend till decision to be taken on above resolution No. 307. 309. FIXATION OF CHARGES OF VARIOUS PROCEDURES/TREATMENTS OF ORTHOPEDIC IN CANTT GENERAL HOSPITAL, MEERUT CANTT To consider the rates for various procedures/treatment at Orthopedic in Cantt General Hospital, Meerut Cantt. Board is informed that Dr. Anil Kumar Sharma, Ortho Surgeon has been engaged on sharing basis in Cantt General Hospital, Meerut Cantt. The above arrangement is as per programme of up-gradation of medicare facilities in Cantt General Hospital, Meerut Cantt. Dr. Anil Kumar Sharma has given rates for various procedures and operations to be levied at Cantt General Hospital. The MO I/c while recommending rates have given following report dated 19.06.2014:i. ii. iii. iv. v. vi. Any implant used for internal fixation will require additional cost. In case of need specialized assistance will demand about Rs. 750/- in major operation. Close techniques/hip surgery can’t be done here. Anesthesia charges will be separate as per board regulation. Sharing percentage of fee will be 60:40 (i.e. 60% doctor & 40% Cantt Board will get). Payment will be charged in hospital and transferred to the Cantt fund. Orthopedic surgeon will be paid due payment by the board. The list of proposed charges is put up before the Board for consideration. Relevant file alongwith list are put up on the table. Board is requested to consider and take suitable decision in the matter. 309. Resolution. Considered and approved the proposed rates for various treatments of procedures at orthopedic OT/OPD in Cantt General Hospital as recommended by the MO I/c on sharing basis. 310. AUTHENTICATION EMPLOYEES. OF DRAFT SENIORITY LIST OF CANTT BOARD Reference : CBR No.297 dated 30.11.2012 & CBR No.419 dt 11.03.2013 &CBR No.510 dt 31.05.2013. To consider and decide the 16 objections submitted by the employees of Cantt Board Meerut on the draft seniority list approved vide CBR No.297 dt 30.11.2012 and finalize the seniority list of CB employees so that the promotional posts particularly in Clerical Cadre lying vacant for last several years may be filled up for proper, efficient administration. OFFICE REPORT 1. It is submitted that the Board vide CBR No.297 dated 30.11.2012 approved the draft seniority list and further resolved to invite the objections from concerned employees and put in next Board meeting along with office report. In view of the opinion of CBLA, the promotions be made after obtaining clarifications from the Higher Authorities but the CEO may make adhoc arrangements in the mean time as per existing rules and regulations as on date. 2. Accordingly, the PD DE HQ CC was requested to issue suitable instructions/ guidelines vide this office letter No.697/A/Seniority/ 926 dated 30.11.12. The same are still awaited. 3. In the meantime, the approved draft seniority list was circulated for inviting objections/suggestions from concerned employees vide letter No.697/A/Vol II/Seniority/2240 dated 07.12.2012 giving 07 days time . 4. The list containing name and designation of objectors, brief of objection and office report reg. settlement of objection was referred to the Board for deciding 16 objections on the Draft Seniority List . The Board vide CB R No.510 dt 31.05.2013 deferred the matter. The list of objection and office report thereon is given as under : S. N. 1 2 3. 4 NAME & DESIGN ATION OF OBJECTOR Shri Pramod Kr Sr. Grade Clerk Sh. S.S.Yadav, Sr Grade Clerk Sh.Sudhir Gupta, Sr Grade Clerk Sudhir Kumar, Jr Grade Clerk BRIEF OF OBJECTION OFFICE REPORT Only his name has been shown S/W in Col ( date of appointment as JGC) with malafide intension. Necessary correction in the seniority list be made as objected by him. i. Grant of consequential seniority to SC/ST Sr. Grade Clerks over him in contravention of orders of Hon’ble Supreme Court dt 27.04.12 ii. In col.6, Date of Promotion should be entered instead of Date of Appointment. Grant of consequential seniority to SC/ST Senior Grade Clerks over him in contravention of orders of Hon’ble Supreme Court dt 27.04.12 i. Grant of consequential seniority to SC/ST Sr. Grade Clerks in contravention of orders of Hon’ble Supreme Court dt 27.04.12. ii. Grant of illegal promotion to The issue of grant of consequential seniority to SC/ST employees over the General /OBC employees and also grant of reservation in promotion to the employees of Cantt Board Meerut involve certain legal clarifications which should be examined in term of prevailing Central Govt instructions in the matter and also orders of Hon’ble Supreme Court of India. As resolved vide CBR No.297 dt 30.11.2012, the PD DE HQ CC has already been requested to issue suitable instructions/ guidelines vide this office letter No.697/A/Seniority/ 926 dated 30.11.12. The same are still awaited. 5 6 7 8 9 10 11 . 12 02 SGCs at same point no.6 of roaster in 2004 & 2007. As, there is no order/instructions of iii. To stop reservation & Central Govt. in this regard. consequential seniority in Therefore, objections rejected. promotion in term of order of Supreme Court dated 27.04.12, Fundamental Right of Equity conferred in Constitution of India and Administrative Efficiency . S/Shri Ramesh Grant of consequential seniority Kr, to SC/ST Sr. Grade Clerks in Dinesh contravention of orders of Hon’ble Agrawal Supreme Court dt 27.04.12. Pravesh Kumar Sanjay Yadav Jr. Grade Clerks Km. Heena Pal Her date of joining as JGC is It is verified from service record that Jr. Grade Clerk 26.02.2009 whereas, it has been she has joined the service on shown as 27.02.2009 due to 26.02.2009 (F/N) instead of which her seniority is being 27.02.2009. It be corrected. affected. Shri Rajeev i. He was appointed as MPA on He was absorbed and adjusted in Srivastava. 09.08.1985. clerical cadre from the post of MPA Jr. Grade Clerk ii. He has been absorbed in by the Board vide CBR No.141 dated clerical cadre vide CBR No.141 24.04.09 and as per office order dated 24.04.2009. No.104 dated 23.05.09. In this iii. He has demanded seniority connection, Dte DE HQ CC letter after Shri Vinod Sharma JGC No.51569/Misc/ MRT/LC-7/ VIII (S.No.1) and before Smt. Kiran dated 21.07.2009 has raised Sharma JGC (S.No.2). observation how the CEO on his own change the designation from MPA to Jr. Grade Clerk. The matter reg. change in cadre from MPA to Jr. Grade Clerk in 2009 has been referred to the PDDE for decision. Therefore, his objection is not maintainable and be rejected. Shri Chet Ram, He has been shown As per service book, his caste is GRM as SC whereas he belongs to entered as Hindu Rajput as such he General category. be considered in General Category. Necessary correction be made. Shri Pradeep He is Senior most Compounder Objection is valid. There is no Agrawal, amongst 05 and senior most separate cadre of Compounder & Compounder compounder is given the charge Compounder cum Store keeper. Shri (U/S) of Store Keeper cum Pradeep Agrawal and Shri Sushil Kr Compounder, both have been appointed as Shri Sushil Kumar has been Compounder as such Shri Sushil 13 14 15 16 Shri Sushil Kumar and 18 other Beldars Shri Satpal Peon Shri Raj kumar Verma AT Shri Ram Narain Mali shown as Senior and at this post of Store Keeper cum Compounder. Their names have not been included in the seniority list. His name has not been entered in the seniority list. Regarding seniority over 08 teachers His date of appointment is 30.05.1983 whereas it has been shown as 30.05.1984 Kumar be placed in the list of Compounder at last point. Necessary correction be made. The names of applicants be entered in seniority list of Beldars at appropriate place. -doThe matter has been examined. The objector is rightly placed in seniority list. Objection be rejected. Objection is valid. His date of appointment is 30.05.1983. Necessary correction be made. Board is requested to consider , decide & authenticate the seniority lists of CB employees. Relevant file alongwith detailed office report is placed on the table. 310. Resolution. Considered and resolved as under:1. In the seniority list against the name of the Shri Pramod Kumar, Senior Grade Clerk, word “Safaiwala” be omitted. 2. The objection of S/Shri S.S. Yadav, Sr. Grade Clerk (now retired), Sudhir Gupta, Sr. Grade Clerk, Sudhir Kumar, Ramesh Kumar, Dinesh Kumar, Pravesh Kumar and Sanjay Yadav, Jr, Grade Clerks, is rejected as there is no order/instruction of the Central Govt. on this issue. 3. In the seniority list against the name of Km. Heena Pal date of joining service be corrected as “26.02.2009” instead of 27.02.2009. 4. Representation of Shri Rajiv Srivastava, Jr Grade Clerk regarding seniority from back date i.e. 09.08.1985 is rejected as the Cantonment Board has no authority to change the cadre of any employee without prior sanction of GOC-In-C, the Command as per provision of rule 5 of Cantonment Fund Servants Rules, 1937. 5. In the seniority list the name of Shri Chet Ram be shown under general category. 6. In the seniority list of compounder name of Shri Pradeep Agarwal, Compounder be reflected before the name of Shri Sushil Kumar, Compounder being senior as per date of appointment. 7. In the seniority list names of Shri Sushil Kumar and 18 Beldars be shown at appropriate place according to their date of appointment. 8. In the seniority list name of Shri Satpal, peon, be shown at appropriate place according to his date of appointment. 9. The objection of Shri Raj Kumar Verma, Asstt. Teacher, CAB Inter College regarding seniority over 8 other teachers is rejected as the Principal Director, Central Command has already rejected his claim in this regard. 10. In the seniority list against the name of Shri Ram Naraian, Mali be corrected an shown as “30.05.1983” instead of 30.05.1984. Accordingly, final list is approved & be published. 311. JUDGEMENTS To read and note the judgments/Order awarded by the PD, DE Central Command Lucknow Cantt in respect of following cases:Sl. No . Name of Appellant 1. Appeal No. 23-05162/2013Shri Madan 2014 Lal S/o Shri Chunni Lal , H.No. 440,441 R A Bazar, Meerut Cantt 2. Appeal No.184/2013 Shri Islam Quresi S/o Shri Usuf Quresi ,H..No.319 Jublee Ganj B C Bazar, Meerut Cantt Appeal No. 188/2013, Shri JD Khanna S/o Shri C L Khanna ,House No. 139, Handia Mohalla , B I Bazar, Meerut Cantt Appeal No.185/2013 3. 4. Date of Judgmen t 20-062014 Notice u/s 185 of CA,1924 and Notice u/s 248 of CA, 2006 issued to the offender No.Misc/204/E7A dated 17.05.2007.The applicant Shri Madan Lal S/o Shri Chunni Lal had submitted the composition plan and the same has been received in this office on 30-06-2014. The Appellate Auahority i.e. PD DE has heard the appeal and found that the appeal has no merit and accordingly dismissed vide order dated 23-05-2014 but no direction has been issued by the Appellate Authority to submit the composition plan . No.Misc/1439/E7A dated 30.08.2008 20-062014 No.Misc/1967/E7A dated 17.11.2008 20-06- No.Misc/1668/E7A dated 17.03.2007 5 6 7 8 9 10 11 12 Shri Ashok Kumar S/o Late Shri Kirpa Ram H.No.330-335 Bakri Mohalla, BI Bazar , Meerut Cantt Appeal No. 180/2013 Shri Sunil Kumar S/o Shri Raja Ram Bungalow No 193 Pt, Naya Bazar Sadar Meerut Cantt. Appeal No. 50/2014 Shri Rohitash Kumar S/o Shri Durga Prashad R/o H. No.48,49 Ganj Bazar, Sadar, Meerut Cantt Appeal No. 92/2013 Shri Allauddin S/o Shri Imamuddin R/o H.No. 84 Ganj Bazar, Sadar, Meerut Cantt Appeal No.159/2013 Shri Gulab Singh S/o Shri Babu Lal H..No. 261 Tandel Mohalla, BC Bazar, Meerut Cantt Appeal No. 161/2013Smt Kanta Agarwal D/o Shri Ratan Lal H.No.55 Bakri Mohalla, BI Bazar, Meerut Cantt Appeal No. 167/2013 Shri Raghuveer Singh S/o Shri Ram Singh B.No.194 Delhi Road, Meerut Cantt Appeal No. 171/2013 Shri Amit Gupta S/o Shri Ramesh Kumar Gupta H..No.323 Dal Mandi, Sadar Bazar, Meerut Cantt Appeal No. 169/2013 2014 20-062014 No. Mise/177/E7A dated 05-04-2008 30-062014 No.Misc/639/E7A dated 23-07-2007 30-062014 No.Misc/247/E7A dated 28-05-2007 30-062014 No.Misc/1100/E7A dated 29-09-2007 30-062014 No.Misc/19/E7A dated 04-04-2007 30-062014 No. 93/194/188/E7A dated 17-052007 01-072014 No.Misc/1253/E7A dated 30-06-2009 01-07- No.Misc/1126/E7A dated 11-06-2009 Shri Ganesh S/o Shri Sunder Lal H..No.129 Part Naya Bazar, Sadar Bazar, Meerut Cantt 2014 The above appeals have been Disposed-of by the Appellate authority, HQ CC, Lucknow Cantt. It is recommended that notices u/s 320 of CA 2006 be issued to the offender for removal/demolition of the unauthorized construction within seven days from the receipt of the notice, failing which the same will be demolished by the agency of the Cantonment Board at their risk and lost without any further notice and the cost incurred thereon will be recovered from the concerned person. Complete files with relevant record is placed on the table. 311. Resolution. Noted. Necessary notices under section 320 of CA 2006 be issued to the offenders for removal of demolition of unauthorized constructions within 07 day from the receipt of the notice failing which the same be demolished by the agency of Cantonment Board and the expenditure incurred on such demolition be recovered from the respective offenders. Further resolved that in the matter of appeal at Sr. No. 3 of the agenda, the Hon’ble High Court, Allahabad has remanded the case to the Appellate Authority, therefore, notice u/s 320 of CA, 2006 should not be issued. Smt Beena Wadhwa stated that those offenders who have applied for composition of offence of unauthorized construction demolition proceeding should be held in abeyance till the decision on their request of composition. 312. UNAUTHORISED CONSTRUCTION; DECISION OF APPELLATE AUTHORITY IN RESPECT OF BUNGALOW No. 171/PART ABU LANE SADAR MEERUT CANTT. Reference: CBR No. 261 dated 09-06-2014. To read and note the judgement/order awarded by the PDDE, CC, Lucknow in R/o B.No.171/ Part Abu Lane, Meerut Cantt from Shri Manoj Kumar Panwar S/o Shri B S Panwar in appeal No. 12/2013 and 13/2013. Notice U/S, 320 of CA, 2006 be issued to the offender for removal/ demolition of the unauthorized construction within seven days from the receipt of the notice. The matter is pending before the Hon’ble High Court, Allahabad in CMWP No.22332 & 22333 of 2014 but no stay available on record. Complete files with relevant record placed on the table. Board is requested to consider and take decision in the matter. 312. Resolution. Noted. Necessary notice under section 320 of CA 2006 be issued to the offender for removal of demolition of unauthorized constructions within 07 day from the receipt of the notice failing which the same be demolished by the agency of Cantonment Board and the expenditure incurred on such demolition be recovered from the offender. However before, execution of the notice Advocate of Cantonment Board at High Court Allahabad be consulted as to whether there is any interim order of the High Court or not. 313. RECOGNITION OF UNION. To consider request dated 19.07.2014 received from Shri Raju Rondia, President Chhavni Parishad Sangh Cantt board Meerut. Board is informed that the union President has stated that the union is registered under Indian Trade Union Act, 1926 at registration No. 9844 and he has total 231 number of staff as members of the union. Board is also informed that already Board has recognized to Trade Unions viz Akhil Bhartiya Safai Mazdoor Congress and Chhavni Parisad Karamchari Union. Relevant papers are put on the table. Board may consider and take suitable decision in the matter. 313. Resolution. Considered and resolved that the matter be pended for scrutiny of record as well as rule, since already Board has granted recognition to two other employees union. 314. REFUND OF EARNEST/SECURITY MONEY DIPOSITED BY SHRI H.W SOLOMAN. Reference: CBR No. 344 dated 26.12.12. To consider transfer of deposit of Rs. 6800/- deposited by Shri HW Soloman from market fee head to security head and to refund to Shri H.W. Soleman. OFFICE NOTE Board is informed that auction for transfer of occupancy rights of canteen CAB Inter College was conducted on 03.12.2012 in which Shri H.W Soloman was the highest bidder in said auction. Shri HW Soloman had deposited Rs. 5000/- as security money and Rs. 6800/- as 25% of bid amount vide Cantt 4B No. 454540 dated 03.12.2012. Cashier Cantt Board, Meerut had wrongly entered the said amount of Rs. 6800 in the head of licence fee instead of deposit money. Said auction was rejected vide CBR referred above and Shri HW Soloman has requested to release the earnest money and 25% of bid amount. The Board already released the security money Rs 5000/- but 25% of bid amount Rs 6800/- has not been released as it was not deposited in relevant head. Therefore, the Board may approve the transfer of head and to refund earnest money to Shri HW Soloman. Relevant file is put up on the table. Board may consider and take necessary decision in the matter. 314. Resolution. deposited by H.W. market fee in the thereafter, security Considered and resolved that the sum of Rs. 6800/Soloman be transferred to security head from the head of account books as the same has wrongly been entered, be refunded to the applicant. 315. RECOVERY OF LICENCE FEE FROM AMRIT HOTEL. Reference: CBR No. 270 dated 09.03.2014. To consider the legal opinion as resolved by the Board vide CBR referred above. OFFICE NOTE It is informed that Board vide CBR under reference has resolved that legal opinion be obtained whether by recovery of arrears there will not be any adverse effect on eviction proceedings initiated by the Board. Necessary legal opinion has been sought form Sh PS Jain, Advocate Cantt Board. The Advocate has opined that there will no adverse effect if recovery is made by the Board from the occupant. Relevant file is put up on the table. Board may consider and take suitable decision in the matter. 315. Resolution. Considered and resolved that in view of the legal opinion recovery of all pending licence fee till 31.07.2014 as calculated Rs. 3320085.12 and onward be recovered from the occupant of Amrit Hotel building without prejudice to the ongoing eviction proceedings and if he fails to deposit the same, recovery proceedings be started afresh. Smt Shipra Rastogi, VP and Shri Ajmal Kamal stated that total arrear be recovered from the occupant otherwise no recovery should be made as there is no question of any concession in this case. The CEO has corrected the reference on agenda side as CBR No. 270 dated 09.06.2014. 316. ASSESSMENT OF PERFORMANCE OF HONORARY DOCTORS OF CANTT GENERAL HOSPITAL, MEERUT CANTT. Reference CBR No. 124 dated 01.02.2014. To assess the performance of honorary doctors of Cantt General Hospital, Meerut Cantt. Board is informed that following doctors/specialists were engaged on contract in Cantt General Hospital, Meerut Cantt:1. 2. 3. 4. 5. Dr. Dr. Dr. Dr. Dr. Anil Kumar Arora, Pediatrician Shalini Garg, Gynae & Obs Anil Kumar Sharma, Ortho Surgeon Sanjay Maheshwari, ENT Surgeon SK Sangwan, GDMO MO I/c, Cantt General Hospital has been requested letter dated 25.06.2014 to submit his assessment report about the abovementioned doctors/specialists. The report of the MO I/c is still awaited. Relevant file is put up on the table. Board is requested to consider and take suitable decision in the matter. 316. Resolution. Considered and resolved that in view of the assessment report of MO I/c the empanelment of honorary doctors be extended for another 03 months on the same terms and conditions. 317. REVIEW OF PERFORMANCE OF REGULAR DOCTORS To assess the performance of 03 permanent doctors of Cantt General Hospital, Meerut Cantt. Board is informed that following doctors/specialists were engaged on contract in Cantt General Hospital, Meerut Cantt:1. Dr. Aradhana Pathak, RMO 2. Dr. Anuradha Gupta, RMO 3. Dr. Aseem Rastogi, RMO Surgeon MO I/c, Cantt General Hospital has been requested vide letter dated 21.06.2014 to submit his assessment report about the abovementioned doctors/specialists. The report of the MO I/c is still awaited. Relevant file is put up on the table. Board is requested to consider and take suitable decision in the matter. 317. Resolution. Considered and resolved that performance of all the 03 permanent doctors of the hospital should be audited and detailed confidential report be placed by the MO I/c in the next Board meeting. 318. REVIEW OF BOUNDARIES: DELIMITATION OF LECTION/RESERVATION FOR SC/ST AND WOMEN. WARDS FOR To consider the issue of review of boundaries/delimitation of wards for general election to the Cantonment Board, Meerut likely to be held in the year 2015. Board is informed that the DG DE vide letter No. 76/38/Cantt Act/C/DE/2012 Vol XIV dated 11-07-2014 and PD DE vide letter No. 11034/Election/2013/Cantt/108 dated 21-07-2014 have directed as under: The elections to Meerut Cantonment Board are due in the month of July, 2015. Since, Census 2011 figures are available with all the Cantonment Boards, it is requested to direct the Chief Executive Officer, Meerut to prepare a proposal for delimitation wards, if it is so warranted as per the latest census figures. In case fresh delimitation is to be done, the proposal for the same alongwith proposals for reservation of wards SCs/STs and Women be submitted to the Directorate General latest by 30th July, 2014. In case no delimitation of wards is required, CEO, Meerut be directed to submit proposals for reservation of wards for Scs/STs and Women by 30th July, 2014. It is submitted that data of Census 2011 as provided by the DG DE vide letter No. 76/38/CANTT ACT/DE/12/VOL XIII dated 07-08-2013 has been considered. The census data of Meerut Cantonment wardwise is as under: Wards Total Population as per census 2011 01 15973 02 12114 03 8918 04 11474 05 7496 06 20590 07 9217 08 7528 93312 Total Population as per census 2001 11629 8623 9839 14016 11623 14399 12087 10726 92942 Difference 4344 increase 3491 increase 921decrease 2542 decrease 4127 decrease 6191 increase 2870 decrease 3198 decrease On the basis of above, it is found that there is huge disparity in the population of various wards. The detail of ward wise voter as per preliminary voter list 2014 is as under: Ward Total Voter Ward Total Voter 05 5314 01 4017 06 9352 02 7469 07 5534 03 6814 08 5879 04 8489 There is also a huge disparity in voters of various wards. It is further submitted that under rule 3 of Cantonment Electoral Rules, 2007 Board may forward a plan dividing the cantonment into wards, with modification if any for publication in official gazette by the Central Govt. In view of the above a review of division of wards is necessary. The office report of the Tax Supdt. is put up on the table. Board may consider and take necessary decision in the matter. 318. Resolution. Considered and resolved that in view of the data provided by the Director Census on the basis of Census 2011 it is noted that there is variation in population of various wards. Therefore, delimitation of wards be carried out afresh on the basis of Census 2011. The delimitation exercise be completed within 15 days and necessary notice inviting objections/suggestions of the public be issued in newspapers as well as pasted on all notice boards of the Cantt Board office and other institutions of the Board. The proposed delimitation alongwith objections/suggestions be placed in the next Board meeting. Shri Dinesh Goel dissented. 319. ACTION U/S 26 OF CANTONMENT ACT, 2006. 1. To note the action taken by the CEO with the prior approval of PCB dated 23.07.2014 under section 26 of Cantonments Act, 2006 regarding auction of transfer of collection rights of temporary parking for Kanwar festival w.e.f. 23.07.14 to 25.07.14 at the highest bid of Rs. 38,100/- offered by Shri Sunil Kumar, resident of Tandel Mohalla, Rajban Bazar, Meerut Cantt. 2. To note the action taken by the CEO with the prior approval of PCB dated 23.07.2014 under section 26 of Cantonments Act, 2006 regarding expenditure on temporary lighting/decoration for Shivratri festival/Independence Day at total cost of Rs. 1,21,650/- for 3 days. The lowest rates quoted by M/s Pradeep construction company. 319. Resolution. Noted and approved. 320. RUNNING OF LIQUOR SHOPS WITHIN THE LIMITS OF MEERUT CANTT. To consider District Magistrate letter No.312/ Abkari/Cantonment/ Madira Dukan Seal/14-15/Meerut dated 22.06.2014. OFFICE NOTE Board is informed that Cantonment Board, Meerut has sealed 18 liquor shops and 2 Bars which are illegally running within Meerut Cantonment area without proper NOC of the Station Commander. In this regard, the District Magistrate, Meerut has informed vide their letter referred above that after the sealing of liquor shops, the excise department has face heavy financial loss of Rs.10,45,000/- per day and excise department are not able to provide the commercial place within Meerut Cantonment area to run the liquor shop. District Magistrate, Meerut has requested that due to interest of revenue, excise department may be allowed to fix their temporary structure and give their willingness to pay the fee (as fixed by the board) for the temporary structure. Board may be consider and decide the matter. Relevant file is put up on the table. 320. Resolution. Considered. The CEO informed the Board that the Board/CEO have allotted approx 300 stalls/khokas in past to various individuals on temporary licence/monthly tehbazari whereon they have raised shops/khokhas. Accordingly, the DM has requested to provide space to the administration and rent will be paid by the UP Govt. Most the elected members were of the view that temporary structure for selling liquor in Cantt area should not be allowed being against the interest of the general public. Unanimously, resolved to defer the matter and the CEO is directed to examine the genuine requirement of temporary sites and be placed before the next Board/PCB. However, the Board is of the view that temporary licence for 16 sites in lieu of 16 sealed shops could not be allowed and the Board can allow only for few sites. Shri Dinesh Goel dissented. 321. TEMPORARY ENGAGEMENT OF JE (CIVIL) The Board is intimated that civil wing of Engineering section of Cantt Board Meerut has to deals with public works viz. Development and maintenance of assets and infrastructure, buildings, public parks, roads, culverts, group latrines and drains/nalas etc. In addition, Meerut Cantonment is struggling with large number of unauthorized construction (moiré than 7000 cases) and encroachment (more than 2300 cases) as Meerut Cantt is having large number of old grant properties (4427 Nos) with enforcement/restrictions on constructions resulting subdivisions and unauthorized constructions in majority of the cases. Junior Engineers (Civil) directly handles with field reporting of unauthorized construction/encroachments, processing mutation cases and building notices/plans and demolition activities and preparation for hearing of appeals u/s 340 of CA 2006 before the appellate authorities at Lucknow and handling of legal cases pending in District Court/High Court/Supreme Court. Board is informed that the civil wing of Engineering Section is already working with deficiency of one JE (Civil) since long and all tasks mentioned above requires skilled and experienced JE who is well conversant with the area and procedure of Cantt Board Meerut. The Board is intimated that the process for selection of JE (Civil) in Cantt Board Office is under process, which may be completed in the month of August. The tasks attached with the post requires specialized skills and experience, for which new comer will not be able to take load of one deficit hand {one post of JE (Civil)} as well as handling the issues of public works, land and Building including action against unauthorized construction/encroachment. Board is further intimated that Shri KA Gupta, JE (Civil) will be retired on 31.07.2014 from his services and the new comer will take time to understand the area and procedure of Cantt Board. To overcome the problems to be faced by the office after the retirement of JE (C) the Board may consider to take services of Shri KA Gupta on honorarium as per rules to assist the civil wing of engineering section and new JE(C). Board is requested to consider and decide. 321. Resolution. Considered and resolved that keeping in view the workload and experience of Shri KA Gupta he may be engaged on contract basis for 03 months on the fixed honorarium of Rs. 15000/- per month. Smt Beena Wadhwa, Shri Dinesh Goel and Shri Jagmohan dissented. 322. SURVEY DESIGN AND PREPARATION OF DPR FOR SETTING UP MSW PLANT AT TRENCHING GROUND Reference: CBR No. 113 dated 26.011.2013 To consider the DPR submitted by the expert/consultant engaged vide CBR under reference for survey, design, preparation of DPR for Municipal Solid waste Plant (MSW plant) at trenching ground of Meerut Cantonment Board. OFFICE REPORT The Board is informed that municipal solid waste collected from Meerut Cantonment is being transported and dumped at trenching ground (landfill site) directly without any treatment. However, Municipal Solid Wastes (Management and Handling) Rules, 2000 has laid down the provisions for processing and disposal of biodegradable, non-biodegradable and mixed Municipal solid wastes. DG DE, Govt of India, Ministry of Defence vide letter No. 76/38/Rules/MSW Rules/C/DE/10 dated 30.10.2012 desired to adopt the compliance of criteria for management of Municipal Solid Waste and specifications for Landfill sites as given in Schedule II and Schedule III of the Municipal Solid waste (Management & Handling) Rules, 2000. To achieve effective processing and disposal including re-cycling of different ingredients of Municipal waste tender/offer/EOI were invited for engagement of consultant after preparation of tender/offer/EOI documents on basis of CFR 2005 (duly vetted by CBLA) under two bid system (technical bid & financial bid) and M/s Eco Pro Environmental Services was selected by the Board vide CBR under reference @ Rs 69,000/- (L.S.) as cost for preparation of DPR. The consultant has surveyed, studied the MSW generated and collected the data & nature of solid waste in Cantonment area. The quantity & characterization of MSW in Meerut Cantt is also provided in Table -1 (page -21) of the DPR submitted. The data analysis & proposed technology has also been given in Chapter -3 of the DPR. The setup of plant is proposed at land admeasuring 7200 sqm out of 20.997 acres of trenching ground which is classified as “C” class and comprising Sy.No.177/1 under the management of Cantonment Board Meerut. The details of plants are reported in two major heads as below; Part-A: Plant and Machinery for compost manufacturing plant from MSW Part-B: Development of infrastructure facility and civil works The area, power and manpower to be used is given on page 42 of the DPR. The expert/consultant has submitted the DPR of 20 ton of MSW per day out of which 2-3 tons of organic manure will be generated. The expert /consultant has submitted the BOQ (bill of quantities) of all the components for the scheme are from page 42 to page-75 of the DPR. The infrastructure in the DPR has been prepared on basis of MES SSR 2010 and Machinery on L. S. Market rates. The proposal is to be vetted by MES authorities. The expert/consultant has submitted the project proposal for Rs.1,34,92,070/- (One crore thirty four lacs ninety two thousands seventy only). Relevant file is put up on the table along with EOI/tender documents, technical bids and details. Board is requested to consider and decide. 322. Resolution. Project considered and approved. The Board resolved that the proposal be forwarded to GE (S) MES for vetting and duly vetted proposal be forwarded to the competent authority for sanction out of grant from fund under object head – 35 for creation of capital assets under the head for infrastructure development. 323. ENGAGEMENT OF A CHARTERED ACCOUNTANT FOR IMPLEMENTATION OF ACCRUAL BASED ACCOUNTING SYSTEM IN CANTT BOARD MEERUT. Reference : DG DE New Delhi Letter No.56/15/DG DE/Coord/Double Entry dated 25.04.2014 & even No. dt 03.07.14 & PD DE HQ CC letter No.54941/ABAS/AGRA/ Cantt dt 29.04.14. To consider the directions of the DG DE contained in the letters under reference regarding engagement of a Chartered Accountant for implementation of Accrual Based Accounting System ( Double Entry) in Cantt Board Meerut. OFFICE REPORT : 1. Board is informed that as per directions of the Directorate General, DE Govt of India, MOD New Delhi, Accrual Based Accounting System in place of single entry accounting system is to be implemented in all 62 Cantt Boards for which the DG DE has directed to engage services of one Chartered Accountant who should be available with the Cantt Board Meerut on day to day basis for guiding staff on the accounting principles and working of modalities of various entries into the books of accounts. 2. Accordingly, Expression of Interest for CAs were invited on 16.06.2014 through press advertisement. In response, 15 EOIs have been received from the interested CA firms out of which 01 CA is to be selected for the subject work. Relevant file alongwith office report is placed on the table. Board is requested to consider and take a decision in the matter. 323. Resolution. Considered and resolved that for interviewing the candidates for engagement of honorary Chartered Accountants CDA (Army), Meerut Cantt be requested to nominate some expert and the interview be carried out by the nominee of CDA (A), CEO and one nominated member of the Board to be nominated by the PCB. The recommendations of the committee be placed before the PCB for approval. Sd/-xxx Sd/-xxx lnL; lfpo v/;{k Member Secretary Nkouh ifj”kn esjB eq[; vf/k’kklh vf/kdkjh President Chief Executive Officer Cantonment Board, Meerut Meerut Cantt dated: 28th July’2014