RELATIVE RESPONSIBILITY AMONG ENGINEERING OFFICERS FOR PROPER EXECUTION OF WORKS
(By: Shri.N.V.Merani, the then Additional Chief Engr. P.. & H. Department, printed from Vol. II of Third Conference of Engineers, September, 1976).
Several occasions arise when it becomes necessary to assign precise and definite relative responsibility for the proper execution of Public Works among the Engineering Officers at different levels, such as Juni- or Engineer, Deputy Engineer and Executive Engineer etc. No clear cut rules or guidelines appear to be available in this regard about the professional respon- sibilities. The Maharashtra Public Works Manual under Chapter 2 mentions administrative and execution duties of the different officers in a general manner. Though some Circulars are issued by certain Officers, there. are no detailed rules or orders of Government availa- ble on this aspect. This becomes important in case of mishaps or something going wrong when tendency to - bleme each other is generally evident. The Junior Engineer may argue that since the recording of measu- rements and payment of bills is done by the Deputy Engineer and Executive Engineer, he is not responsible for accepting any sub-standard work or over-payments. The Deputy Engineer might plead that the Junior Engr., is the min on the job and the bills are passed and paid by the Executive Engineer with whom the ultimate responsibility vests in the capacity as the "Engineer-in-Charge" under the contract provisions. On the other hand the Executive Engineer would say that if he has not test checked any measurements or bills, he is not responsible for the items of work not he cked by him.
Draft guidelines about the relative responsibilities and duties of Engineering Officers in regard to execution of works, are, therefore, proposed as follows:
1. The "Executive Engineer" is the "Engineer" (Engineer-in-Charge of work) and has to implement.
the contract provisions and to execute the work. The Deputy Engineer is to function as his authorised representative and assistant. As per the prevailing practice, the Deputy Engineer is supposed to be in direct charge of the works, record measurements, pre- pare bills, enforce contract conditions on behalf of the Executive Engineer and to report to the Executive Engineer any irregularity and to seek his guidance. The general control and directions are with the Executive Engineer. For the major works particularly, the Executive Engineer has to specially look into the various aspects and not only to prescribe certain procedures and tests and periodical reports etc. but also -to watch and ensure their compliance through the sub- ordinate staff! The Public Works Manual requirement of necessary checking of Executive Engineer of the measurements and the bills after every r. 50,000/-, payments since previous bill, is to ensure that no large payments are made to the contractor and his works accepted without essential periodical checks by the Executive Engineer. But this is a minimum check and the Executive Engineer is free to exercise more fre- quent or even cent per cent check. Even though the Executive Engineer is provided with the assistance of Deputy Engineers, Junior Engineers for works and Accountant for accounts, it does not absolve him of . the need to exercise his own control and checks in addition, to satisfy himself that all is well with the works entrusted by the Government in his charge and that the subordinates are not slack on the job. Pro- per and thorough inspection of works periodically and test checking of items is also one of the methods by which the Executive Engineer can achieve the above results. The Executive Engineer has also to approve and pass the foundations personally. He can record his observations in work order book or by way of ins- pection notes for compliance by contractors and sub- ordinate staff.
2. The "DEPUTY ENGINEER" is directly incharge of the works and it is, through him mostly that the Executive Engineer comes to know about the state of affairs on the works other than what he himself observes during his own inspections. The Deputy Engineer is supposed to visit the works more frequently and maintain de- tailed data and is in direct charge of the Government dtores issued to the contractor, accounts of consump- tion of materials, safety of day to day operations etc. In case of any doubts or defects he himself cannot de- cide, guidance of the Executive Engineer under whose directions the work is to be executed, is to be sought. He is particularly responsible for the proper quality of the work and maintaining the prescribed quality con- trol, testing etc. It is the Deputy Engineer alone & no other Officer in the Department who is empowered to record measurements and prepare the bills for major works and therefore, the responsibility in carrying out the works both in regard to the quantity of work asse- ssed as well as the quality of the work billed lieu primarily with the Deputy Engineer. The Executive Engineer would come into the picture only if he visits the works and notices the defects or the Deputy Engr., brings out defects to his notice either through the remarks in the measurement book/bills or by reports or correspondence. In absence of anything being pointed out to the Executive Engineer by the Deputy Engineer or the Executive Engineer himself not having inspected the works, ordinarily, the Executive Engineer has to rely cr the Deputy Engineer's recommendations in the bill since the latter is a responsible Gazetted Officer. Like Executive Engineer, the Deputy Engineer also has. to evolve and prescribe a system of chacks at site & performae and registers to ensure proper quality and safety of works at all stages. All major contreting is to be done in his presence and he has to approve each and every item before accepting. "here doubtful or even in general, he can get the materials, samples etc. approved from the Executive Engineer before hand for guidance. The Deputy Engineers can record their observations in work order book at site for compliance by contractor. The Deputy Engineers are resportote for line out of works.
3. As regards the remaining category namely "JUNIOR ENGINEER", he has no direct duties assigned specifica lly like recording or checking of measurements and preparation of bills. Nevertheless, he is the lowest qualified Engineer of the Department directly in char ge of the works and is expected to assist the Deputy Engineer in his task. In fact, on the site of works, a variety of operations are carried out daily and with a normal work load of the sub-division, it is not possible for a Deputy Engineer to attend to each and every operation himself and therefore, he has to rely on the Junior Engineer for minor items and day to day operations. For instance, once any item of work has been started for which the Deputy Engineer himself - provides the required guidance to start with, carring out subsequently in the similar routine manner has to be looked into by the Junior Engineer subject to, of course, the periodical inspections of higher officers and their directions. A Junior Engineer is able to and is expected to pay personal attention to details such as Joints of form-work, curing, bond of masonry, levels and lines, mixing etc. He is the Department's technical supervisor on the job and his duties are mostly field work. The Junior Engineer is expected to visit all major works, in his charge almost every day or every alternative day and he is supposed to be in more intimate touch with the pulse of the works. Un- less the Deputy Engineer or higher officer notices certain defects during his inspections or unless the Junior Engineer points out to them, the routine items of the work can be expected to be going on reasonably well. The Junior Engineer has not only to supervise himself the various operations of the works but also to ensure subsequent compliance of the remarks of the Deputy Engineer / Executive Engineer and seek instructions during their inspections. The Junior Engineer can even stop any operation of the work if he is not satisfied that it is being done properly. He main- tains various registers and accounts of materials on site of work etc. on behalf of Deputy Engineer and it is his duty to point out any deviations or deficiencies from the prescribed specifications or provisions of contract to the Deputy Engineer. Normally, the supervisory staff below Deputy Engineer's rank should not use work order book for writing instructions to contractor but should address letter to superior autho- rity pointing cut defects under intimation to the con- tractor. However, in practice some times the Junior Engineers do record observations in work order books. If the Junior Engineer has power to stop the work or to point out the defects, it logically follows that in the absence of letters to higher officers and stoppage or objections the responsibility of the works having been properly carried out lines on him also. Of course if higher officers have inspected the same work and convinced at or accepted any obvious defects, they must also share the blame for any shortcomings.
4. As regards higher officers in the Department, according to M.P.". Manual, "CHIEF ENGINEER" is the administrative and professional head of the Department, responsible to Government for its efficient working. A. "SUPERINTENDING ENGINEER" is in the overall administra- tive and general professional control of the works in his Circle and has to inspect the state of various works to satisfy himself that the system of management prevailing is efficient and economical. As per Clause 29 of standard contract provisions, for works let out on contract, all works are to be executed under the direction and subject to the approval, in all respect of the Superintending Engineer who is entitled to direct at what points and in what manner they are to be commenced and from time to time carried on.
5. The relevant question that arises is what is expected of a lower officer when his higher officer, either himself or through the former, accepts a sub- standard work of knowlingly connives at substandard work or gives certain directions against the Govt. interest. hile it is true that every Government servant has to obey his higher officers' orders and to carry out his instructions, it is to be remembered that he is primarily a servant of the Government and not of the higher officer. If any directions or actions of the higher officer are not in the Government interest according to the subordinate, it should be the duty of the subordinate to submit his views or protest by a letter if this fails to produce the desired result, it would not be considered improper on his part even if he sends a report directly to the next higher officer about any wrong actions being taken against the interest of the Government. In absence of any evidence or record to show that the subordinate tried his best to protest Government interest or that he was over-ruled, he cannot escape his responsibility in such matters.
The subordinate officers are engaged by Government not only to assist and obey the higher officers but also to safeguard the Government interest. They are not meant to be silent spectators of Government being duped. There would appear hardly any difference between conniving at such things and collusion in the same. In P.W.D. working, a number of checks and coun- terchecks are prescribed at varicus level and if fai- lure in doing the rightful duty at any level is noticed, it is the duty of every Government servant to prevent it rather than conniving at it.
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