NDIA Auditor threatens legal action over gratuity payment

Feb 28, 2013 News

The National Drainage and Irrigation Authority (NDIA) could face legal action over its refusal to pay one of its Internal Auditors his gratuity in keeping with a mutually agreed contract.
The Internal Auditor, who had incurred the wrath of the NDIA management for penning a damning report on the entity’s operations, has through his attorney, written to the NDIA demanding his gratuity that was owed to him since last October.
The Auditor was sent on administrative leave following the publication of a leaked report in which he recommended the dismissal of NDIA boss Lionel Wordsworth and Senior Section Engineer Anil Chowbay.
This was after he had unearthed what was described as massive conflict of interest on the part of both senior officials.
That report on fuel consumption and equipment operations and maintenance, was conducted between May and September and was completed and submitted to the Chairman of the NDIA Board of Directors on September 26 and carbon copied to President Donald Ramotar
It had subsequently engaged the attention of Auditor General Deodat Sharma, who in a preliminary report, had also recommended the dismissal of the Senior Section Engineer, after concurring with the initial findings, that Chowbay was in a conflict position.
According to the NDIA audit report SSE Chowbay did not declare a conflict of interest and continued to prepare contract documents, certify payments for his uncle, one Kaydar Persaud, who was carrying out work for the entity.
This newspaper understands that Persaud is the contractor for NDIA works totaling $19M.
The engineer’s brother, Keshav Chowbay, is also an Engineer working with his uncle, the contractor.
The audit found that all the Bill of Quantities were prepared by and requests for payment verified and certified by the NDIA Senior Engineer for all contracts awarded to his uncle.
“This situation presents a conflict of interest and a great risk of the SSE’s primary interest being unduly influenced by a secondary interest,” the report stated.
It however deferred the evaluation of the Bill of Quantities/Engineers Estimates for possible corruption and financial gain to the Contract Audit for a more detailed test.
The report recommended that Chowbay should cease all functions relating to excavators including preparation of scope of works, bill of quantities and verification of payments. It further advised that he should be written to for not declaring a conflict of interest.
But the matter took on controversial nature when instead of taking action on the Auditor’s recommendations, the NDIA Board of Directors decided to discipline the auditor by sending him off on indefinite leave.
However, he still receives his monthly salary, a situation which Kaieteur News understands will continue up to when his contract ends in April.
According to a source the Auditor had applied to his employers for his gratuity which was due in October after six months of his one year contract had expired. This is in keeping with the contract he signed with the NDIA.
To date the entity has refused to pay, prompting the Auditor to engage the services of his attorney, Khemraj Ramjattan.
“The (NDIA) has no grounds to deny him his gratuity,” a source in the Ministry of Agriculture, which has oversight responsibility for the NDIA said.
Meanwhile, there are reports that Senior Section Engineer Chowbay will not have his contract renewed when it ends in April.

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NDIA Auditor threatens legal action over gratuity payment

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