Wednesday, 7 November 2018

MACP EFFECTIVE DATE: CAG PROVED ITS INCAPABILITY TO DO CONSTITUTIONAL DUTY


My blog readers are already aware that recently the Hon’ble Bombay High Court set aside a judgement and order dated 16-04-2013 of the Central Administrative Tribunal, Mumbai Bench and allowed my request for treating the effective date of MACP of the 6th Central Pay Commission as 01-01-2006 instead of 01-09-2008 as fixed by the DOPT under the Ministry of Personnel, Public Grievances and Pensions. For details, go to blogs:- https://www.centralemployeesnews.manjaly.net/2018/10/macps_9.html &

However, I would like to invite your attention to a much more important issue – i.e., the utter failure of the Comptroller and Auditor General of India in its Constitutional obligations.
CAG is bestowed with some important duties under the Constitution of India. Under Article 149, read with Section 13 of the CAG’s DPC ACT, 1971, it is the duty of the Comptroller and Auditor-General of India to audit all expenditure from the Consolidated Fund of India and of each State and of each Union territory having a Legislative Assembly and to ascertain whether the expenditure conforms to the authority which governs it.

Now the question comes, how the CAG ascertained the expenditure related to MACP is conformed to the authority which governs it? It is very clear on the face of the record as already mentioned in my Representation dated 26-11-2010 routed through the CAG and now confirmed by the Supreme Court and the High Court that the implementation date of MACP is from 01-01-2006 and not from 01-09-2008 as implemented through the OM issued by DOPT. If the CAG audited it properly, this illegality could have been pointed out and such a complication could have been avoided. Instead of such real issues, CAG is after bogus, fictional, politically instigated audit objections as I already mentioned in my published book, “A FRAUD IN THE INDIAN CONSTITUTION”. (To read free part of e-Book, go to the link and click “Look inside” button:- www.amazon.in/FRAUD-IN-THE-INDIAN-CONSTITUTION-ebook/dp/B00SQKTADY/ )

Finally, what is the result of this irresponsible audit of the CAG? Now the work done after the 6th Pay Commission Implementation including the 7th Pay Commission Implementation has to be rewritten. Not only that of the currently  working employees, but that of the retired and died persons after the 6th Pay Commission. Approximately there are 1 crore serving and retired employees together. So how many man-days are required to rectify the additional work caused by the said OM and by the irresponsible audit (in spite of my pointing it out in the year 2010 in writing)?

Apart from the Constitutional duty of audit, CAG is also entrusted with a consultation power under Article 148(5) before any service condition is made for those employees working under him. So if this consulting power is used properly, instead of giving it in a routine and mechanical manner without application of mind, this simple mistake with Himalayan effect could have been avoided. Again CAG exposed its inefficiency in doing its duty to the nation and as usual, going after bogus, fictional, unrealistic and fake audit objection (at the cost of genuine ones) mostly politically instigated as illustrated in my book. (Part II of the book is nearing completion covering many departments and entities involved in scams but hushed up).

NB:-

My published Books:-

  1. “A FRAUD IN THE INDIAN CONSTITUTION” available as e-book and paperback at:- https://www.amazon.in/FRAUD-IN-THE-INDIAN-CONSTITUTIONebook/dp/B00SQKTADY/  
  2. “LTC RULES MADE EASY” available as e-book at:- https://www.amazon.in/LTC-RULES-MADE-EASY-date-ebook/dp/B01JO66SLK 
My home page: https://www.manjaly.net 





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