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Show Cause Notice No. RC/ENC/K (1) / 15121103/2015,- Memo. No.Rc/ENC/H3/ 15081777/2015,- Show Cause Notice No. RC/ENC/K1 / 18081530/2018,- Show Cause Notice No. RC/ENC/ K (1) / 16101187 / 2016,- Show Cause Notice No.RC/ENC/K/(1)17101040/2017,- Memo No.RC/ENC/K(1)17101040/2017,-

Published 02 January 2019

Department
WATER RESOURCES
Type
Weekly
Gazette no.
684
Part
Part II
Notification no.
1-(2018-2019)
Identifier
in.gazette.andhra.2019-01-02.4276
Languages
English, Telugu

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W.No.52 AMARAVATI, WEDNESDAY, JANUARY 2, 2019 G.684 PART II - MISCELLANEOUS NOTIFICATIONS OF INTEREST TO THE PUBLIC --x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

ENGINEER-IN-CHIEF (ADMINISTRATION)

WATER RESOURCES DEPARTMENT,

A. P., VIJAYAWADA.

SHOW CAUSE NOTICE ISSUED TO Smt. D. RADHA, A.E.E. - PERMISSION ACCORDED BY THE GOVERNMENT TO PROCEED TO U.S.A. FROM 22-06-2014 TO 30-09-2014 - ABSENT TO DUTY UNAUTHORIZEDLY BEYOND THE PERIOD OF PERMISSION i.e., FROM 1-10-2014 ONWARDS - EXPLANATION CALLED FOR.

Ref : 1. G.O.Rt.No.1009, I & CAD ( Ser.1) Department, Dt: 09-08-2018.

2. Engineer-in-Chief (Admn.Wing), I & CAD Deptt.,Hyderabad Letter No.RC/ENC/ B1/1408151/A.P. Reorg./2017, Dt: 8-10-2018.

-::oOo::-

Show Cause Notice No. RC/ENC/K (1) / 15121103/2015,- Smt. D. Radha, Asst. Exe. Engineer (D.B. 18-04-1983 : Zone - IV Allotted ), who was deputed from the State of A.P. to State of Telangana on reciprocal basis as per her nativity. Subsequently, the A.E.E. while working in Office of the C.E., Medium Irrigation, Hyderabad has been permitted by the Govt., to visit U.S.A. for the period from 22-6-2014 to 30-9-2014 vide G.O.Rt.No. 5, I & CAD (Ser.1) Department, Dt: 20-6-2014. After expiry of her leave, the Asst. Exe. Engineer has not reported to duty on 1-10-2014. Hence, the Engineer- in-Chief (Admn.), I & CAD Department, Hyderabad has surrendered her services to this office and reported that the Government of Telangana State has cancelled her deputation orders issued to the Asst. Exe. Engineer by the Govt., vide ref. 1st cited.

[ 1 ]

2 ANDHRA PRADESH GAZETTE, January 2, 2019

Thus, the period of her unauthorized absence from 1-10-2014 to till to date exceeded four years. The action of the A.E.E. in absenting to duty unauthorisedly for more than four (4) years is highly irregular and attracting to take disciplinary action against her for her mis­conduct / mis­behaviour in terms of A.P.C.S ( CC&A.) Rules, 1991. As per Rule - 3(1) of A.P.C.S. (Conduct) Rules, 1964, "every Govt., employee shall be devoted to her duty and maintain absolute integrity and discipline. But, the A.E.E. has neglected her duty and also violated Rule - 67 of F.R. She is liable to remove from service in terms of G.O.Ms.No. 127 General Administration ( Services.C ) Deptt. Dated: 15-09-2017 stating that" A Govt., servant shall be deemed to have been removed from service, if he I she is absent without authorization for a period of exceeding one year with or without leave, Provided further that a Show Cause Notice to explain the reasons for such absence from duty shall be given to the Government servant and his / her reply shall be considered before invoking the above said proviso.

Hence, the Asst. Exe. Engineer is directed to show cause, as to why the Major punishment of removal from service should not be taken against her for her unauthorized absence from duty from 1-10-2014 to till to date for more than four (4) years. She is also directed to furnish the reasons for her absent to duty within 15 days, otherwise, the services of the Asst. Exe. Engineer will be removed from service in terms of G.O.Ms.No. 127 General Administration (Services.C) Department, Dt: 15-09-2017.

K. SRINIVAS,

Dated: 31-10-2018. Engineer-in-Chief (Admn.).

To

1. Smt. D. Radha, Asst. Exe.Engineer, (Thro, the Engineer-in-Chief (A.W), I & CAD Department, Errum Manzil, Hyderabad, Telangana State)

2. Smt. D. Radha, A.E.E. Block No.A-8/307, Sanskruthi Township, Annojiguda, Ghatkesar, Rangareddy Dist., - 501 301.

3. Smt. D. Radha, A.E.E. [email protected] with a request to place the above Show Cause Notice to T.O. Mail and also sent to her mail.

ARTICLES OF CHARGES FRAMED AGAINST TO Smt. D. RADHA, ASSISTANT EXECUT IVE ENGI NEER - I &CAD DEPARTMENT - DEPARTMENTAL PROCEEDINGS UNDER RULE 20 OF A. P. CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1991.

Memo. No.Rc/ENC/H3/ 15081777/2015,- It is proposed to hold an Inquiry against Smt. D. Radha, Assistant Executive Engineer (D.O.B.18.04.1983, Zone -IV) in accordance with the procedure laid down in Rule 20 of the APCS (CC&A) Rules 1991.

The substance of the imputations of mis-conduct or mis-behaviour in respect of which the Inquiry is proposed to be held is set out in the enclosed statement of articles of charges (Annexure-I). A statement of imputations of misconduct and mis-behaviour in support of each article of chargcs is enclosed (Annexure-II). A list of documents by which and a list of witnesses by whom the articles of charges are proposed to be sustained are also enclosed (Annexure 111 & IV).

ANDHRA PRADESH GAZETTE, January 2, 2019 3

Smt. D. Radha, Assistant Executive Engineer is directed to appear before the disciplinary authority i.e., Engineer-in-Chief (AW), Hyderabad within 15 days of receipt of this Memo and state whether she desires to be heard in person and submit a written statement of her defence.

Smt. D. Radha, Assistant Executive Engineer is informed that an Inquiry will be held only in respect of those articles of charges as are not admitted. She should therefore specifically admit or deny each article of charge.

Smt. D. Radha, Assistant Executive Engineer is further informed that if she does, not submit her written statement of defence on or before the date specified in Para 3 above, further action will be processed based on the material available.

Attention of Smt. D. Radha, Assistant Executive Engineer is invited to Rule 24 of APCS (Conduct) Rules 1964 under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority, to further her interest in respect of matters pertaining to her service under Government. If any representation is received on her behalf from another person in respect of any matter dealt within these proceedings, it will be presumed that Smt. D.Radha, Assistant Executive Engineer is aware of such a representation and that it has been made at his instance and action will be taken against her for her violation of Rule 24 of APCS; (Conduct) Rules, 1964.

Further Smt. D. Radha, Assistant Executive Engineer is directed to submit an attested copy of her Passport to this office for verification.

The receipt of the Memo along with articles of chargcs in Annexure- I to IV may be acknowledged in the first instance.

ANNEXURE-I

THE STATEMENT OF ARTICLES OF CHARGES FRAMED AGAINST Smt. D. Radha,

Assistant Executive Engineer .

Smt. D. Radha, Assistant Executive Engineer has committed dereliction of duties which amounts to misconduct in the following Article of Charges.

CHARGE-I :

Smt. D. Radha, Assistant Executive Engineer has applied leave 22.06.2014 from 30.09.2014 to visit USA and the Government have accorded permission to visit USA from 22.06.2014. After expiry of the leave, she has not joined duty, but simply submitted the extension of leave proposals by taking it as granted. Thus, she failed to follow the Provisions of FR 73.

CHARGE-II:

As per Subsidiary Rule-3 contained in Annexure-II of Fundamental Rules every application for leave or for an extension of leave should be sent to the competent authority through the immediate superior officer in the form prescribed therein. But the AEE failed to submit the leave applications in time and she availed leave unauthorizedly in different spells as mentioned above.

4 ANDHRA PRADESH GAZETTE, January 2, 2019

CHARGE-III:

As per para-7 of A. P. District Office Manual, applications for leave (including extensions of leave) must be made and orders on them obtained before the leave is taken. As per F.R. 67, leave is not a right to Government employee and leave means that the provision given by the authorized Competent authority to the employee to absent himself from duty. This means, the employee has to obtain permission /sanction from the authority before he/she proceeds on leave & if it is not done so, it will be treated as unauthorized absence. When the exigencies of public service, so require discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it. But, the Assistant Exe. Engineer has availed leave unauthorisedly for more than 3 years as explained above and neglected her duty.

CHARGE-IV :

As per Rule - 3(1) of APCS (Conduct) Rules, 1964, according to which " every Government employee should be devoted to his/her duty and maintain absolute integrity and discipline". But, the said AEE has availed leave unauthorisedly as explained above and neglected her duty.

ANNEXURE-II

STATEMENT OF THE IMPUTATIONS OF MISCONDUCT OR MISBEHAVIOUR IN SUPPORT

OF EACH ARTICLES OF CHARGE IN RESPECT OF Smt. D. Radha, Assistant Executive

Engineer.

Smt. D. Radha, Assistant Executive Engineer, while working O/o the CE, Medium Irrigation, I&CAD Deptt., Telangana, Hyderabad has applied leave to visit USA to accompany her husband along with Children from 22.06.2014 to 30.09.2014 and the Government in G.O.RT.No.5 I&CAD (Ser.I) Department Dt: 20-06-2014 have accorded permission to visit U.S.A in respect of Smt D.Radha, AEE for the period from 22.06.2014 to 30.09.2014

After expiry of leave she has not reported duty and went on extending leave through e-mails.

Further, the Engineer-in-Chief(I), I&CAD Deptt., Hyd in Lr. Dt. 03-09-2015, has surrendered the services of Smt. D. Radha, AEE as she was on leave from 22.06.2014 to 30.09.2014 and unauthorisedly absent to duty from 01.10.2014 onwards.

This office have rejected all leave extention proposals of Smt. D. Radha, AEE, which were received in this office vide this office memo Dt: 31.08.2015, 24.11.2015 & 05.10.2016 with a direction to approach this office to get reposting orders. But Smt. D. Radha, AEE has not turned up to duty.

Thus, the AEE has failed to follow the following provisions of Rules.

According to FR-73, a Government servant who remains absent after the end of his leave is entitled to no leave salary for the period of such absence.

ANDHRA PRADESH GAZETTE, January 2, 2019 5

According to FR-67, leave cannot be claimed as a matter of Right.

According to Rule-3(i) of APCS (Conduct) Rules, 1964, every Government employee should be devoted to his/her duty and maintain absolute integrity and discipline.

Thus she has violated the provisions of A.P.C.S (Conduct) Rules, 1964 and provision of FR-67 and FR-73 and Rule 3(i).

The AEE has violated the rules. Therefore, the action of Smt. D. Radha, Assistant Executive Engineer in absenting from duty from 01.10.2014 onwards without prior sanction or permission is attracting disciplinary action.

A N N E X U R E - III

LIST OF DOCUMENTS BY WHICH THE ARTICLE OF CHARGES ARE PROPOSED TO

BE SUSTAINED AGAINST Smt. D. Radha, Assistant Executive Engineer.

1. G.O.Rt.No.5, I&CAD (Ser.I) Deptt., Dt: 20.06.2014.

2. ENC (Irrigation) Hyderabad Telangana Letter No.CE/Med/Ts/DCE-3/DDO/V1/2015 Dt: 03.09.2015.

3. T.O.Memo No.Rc/ENC/H3/ 15081777/2015, Dt: 31.08.2015, 24.11.2015 and 05.10.2016.

4. Smt. D.Radha, AEE representation Dt: 24.09.2016, Dt: 12.09.2016 & Dt: 23.03.2017.

ANNEXURE-IV

LIST OF WITNESSES BY WHOM THE ARTICLES OF CHARGES ARE PROPOSED

TO BE SUSTAINED AGAINST Smt. D. Radha, Assistant Executive Engineer.

-Nil-

J. VIJAYA PRAKASH, Dated: 5-7-2017. Engineer-in-Chief (AW).

To Smt. D. Radha, Assistant Executive Engineer, (On leave) 54D, Reading Road, EDISON, Newjerscy (USA-0881)

SHOW CAUSE NOTICE ISSUED TO Smt. K. VIJAYA LAKSHMI, A.E.E., - ABSENT TO DUTY UNAUTHORIZEDLY FROM 5-03-2015 ONWARDS - EXPLAIN THE REASONS FOR HER ABSENCE FROM DUTY.

Ref : From the Chief Engineer, Minor Irrigation, Hyderabad Letter No.DCE/MI/E/2015, Dt: 30-03-2015 received thro, mail on 17-8-2018 as per this office request.

-::oOo::-

Show Cause Notice No. RC/ENC/K1 / 18081530/2018,- Smt. K. Vijaya Lakshmi, Asst. Exe. Engineer (D.B. 31-05-1985 :: Zone - II) while working under the control of DCE-II Unit in Office of the Chief Engineer, Minor Irrigation, Hyderabad was absent to duty unauthorisedly from 5-03-2015 onwards. The Chief Engineer in the letter cited has surrendered her services to this office.

6 ANDHRA PRADESH GAZETTE, January 2, 2019

The period of her unauthorised absence from 5-03-2015 to till to date exceeded three (3) years.

As per G.O.Ms.No. 127 General Administration (Services.C) Department, Dt: 15-09-2017, "a Govt., servant shall be deemed to have been Removed from service, if he / she is absent without authorization for a period of exceeding one year with or without leave".

Provided further that a Show cause Notice to explain the reasons for such absence from duty shall be given to the Government servant and his / her reply shall be considered before invoking the above said proviso.

The period of absence of the Asst.Exe.Engineer exceeded one year and liable to remove from service in terms of the above Government orders.

Further, the services of the Asst. Exe. Engineer are not regularized till to date and she is a temporary Government servant.

The action of the Asst. Exe. Engineer in abstaining from duty without prior permission / sanction of competent authority is irregular and against the A.P.C.S. Conduct Rules, 1964. In accordance with the above Government orders, why the Major Punishment of Removal from service should not be imposed against her for her unauthorized absence from duty.

Hence, the Asst. Exe. Engineer is directed to Show cause, as to why the Major Penalty of Removal from service should not be imposed against her for her absconding from duty as explained above within 15 days, on receipt of this office Memo, otherwise, it is construed that the Asst. Exe. Engineer is not willing and no interest in the Government service and she had committed misconduct / misbehavior by leaving her post for a long period without permission and she is liable to remove from service by imposing the major punishment against her as per G.O.Ms.No. 127 General Administration (Services.C) Department Dated: 15-09-2017.

She is informed that, it is the FINAL NOTICE for concluding the disciplinary action against her as per rules.

K. SRINIVAS,

Dated: 31-8-2018. Engineer-in-Chief (Admn.) To Smt. K. Vijayawa Lakshmi, A.E.E., Peri Block-105, Myhome, Jewel Apartment, Madeenaguda, Miyapur, Hyderabad - 49.

ANDHRA PRADESH GAZETTE, January 2, 2019 7

SHOW CAUSE NOTICE ISSUED TO Sri. K. RAVI, A. E - ABSENT TO DUTY UNAUTHORISEDLY FROM 1-3-2016 ONWARDS - EXPLANATION CALLEDFOR.

Ref : 1. From the S.E., H.N.S.S. Circle No. 3, Madanapalle Letter No. 82 ENC, Dt. 1-10-2016.

2. This Office Memo. No. RC/ENC/ K (1)/ 16101187/ 2016, Dt.10-2-2017.

3. From the S.E., H.N.S.S. Circle No.3, Madanapalle Letter No. 247 M, Dt. 13-04-2017.

-::oOo::-

Show Cause Notice No. RC/ENC/ K (1) / 16101187 / 2016,- Sri. K. Ravi, Asst. Engineer ( D.B. 01-08-1976 :: Zone - IV ) while working in H.N.S.S. Division No. 12, Kuppam of H.N.S.S. Circle No. 3, Madanapalle was absent to duty unauthorisedly from 1-3-2016 onwards. The Superintending Engineer in his letter 1st cited has surrendered his services to this office. In this office Memo. 2nd cited, the Asst. Engineer has been directed to approach this office immediately and furnish the reasons / explanation for his unauthorized absence to duty in order to enable this office to take further action in the matter, otherwise disciplinary action will be initiated against him for his absent to duty as per the A.P.C.S. (CC&A) Rules, 1991. But, the cover returned by the postal authorities and not responded to this office Memo, as reported by the Superintending Engineer in his letter vide ref. 3rd cited.

Thus, the period of his unauthorized absence from 01-03-2016 to till to date exceeded 21/2 years. The action of the Asst. Engineer in absenting to duty is highly irregular and attracting to initiate disciplinary action against him for his mis-conduct / mis-behaviour in terms of A.P.C.S ( CC&A.) Rules, 1991 and violated Rule - 67 of F.R. He is liable to remove from service in terms of G.O.Ms.No. 127 General Admn. (Services.C) Department Dt. 15-09-2017 stating that "A Govt., servant shall be deemed to have been removed from service, if he / she is absent without authorization for a period of exceeding one year with or without leave, Provided further that a Show Cause Notice to explain the reasons for such absence from duty shall be given to the Government servant and his / her reply shall be considered before invoking the above said proviso.

8 ANDHRA PRADESH GAZETTE, January 2, 2019

SHOW CAUSE NOTICE ISSUED TO Sri G. SARISHKA, A.E.E., - ABSENT TO DUTY UNAUTHORIZEDLY FROM 3-10-2016 ONWARDS - EXPLAIN THE REASONS FOR HIS ABSENCE FROM DUTY.

Ref : 1. From the S.E..TTPR. Circle, Vizianagaram Letter No.62 ENC Dt: 25-09-17.

2. Representation of Sri.G. Sarishka, A.E.E. Dt: 15-12-2017. 3. Representation of Sri.G. Sarishka, A.E.E. Dt: 29-01-2018.

-::oOo::-

Show Cause Notice No.RC/ENC/K/(1)17101040/2017,- Sri G. Sarishka, Asst. Exe. Engineer (D.B. 07-03-1988 : Zone - I) while working in T.T.P.R. Circle, Vizianagaram was absent to duty unauthorisedly from 3-10-2016 onwards. The Superintending Engineer, TTPR. Circle, Vizianagaram in his letter 1st cited has surrendered his services to this office.

In his representation vide ref. 2nd cited, the Asst. Exe. Engineer has intend to resign from the post of A.E.E. In the ref. 3rd cited, the A.E.E. has again represented and stated that he would like to continue and extend his leave for preparation of Civil Services exams. The period of his unauthorised absence from 3-10-2016 onwards exceeded one year.

As per G.O.Ms.No. 127 General Administration (Services.C) Department Dt: 15-09-2017, a Govt., servant shall be deemed to have been Removed from service, if he I she is absent without authorization for a period of exceeding one year with or without leave. The period of absence of the A.E.E. exceeded 11/2 year and liable to remove from service in terms of the above Government orders.

Further, the services of the Asst. Exe. Engineer are not regularized till to date and he is a temporary Government servant.

The action of the Asst. Exe. Engineer in abstaining from duty without prior permission / sanction of competent authority is irregular and against the A. P. Conduct Rules, 1964. In accordance with the above Government orders, why the major punishment of removal from service should not be imposed against him for his unauthorized absence from duty.

Hence, the Asst.Exe.Engineer is directed to Show cause, as to why the major penalty of removal from service should not be imposed against him for his absconding from duty as explained above within 15 days, otherwise, it is construed that the Asst.Exe.Engineer is not willing and no interest in the Government service and he had committed misconduct I misbehavior by leaving his post for a long period without permission and he is liable to remove from service by imposing the major punishment against him as per G.O.Ms.No. 127 General Administration (Services.C) Department, Dated: 15-09-2017.

He is informed that it is the Final Notice for concluding the disciplinary action against him.

K. SRINIVAS,

Engineer-in-Chief (Admn.)

Dated: 20-8-2018.

To 1. Sri. G. Sarishka, A.E.E.

H. No. F-4, Sairam Apartments, MVP Colony Sector-1, Visakhapatnam- 530017.

2. Sri. G. Sarishka, A.E.E.

(Thro. E-mail [email protected])ANDHRA PRADESH GAZETTE, January 2, 2019 9 Sri G. SARISHKA, A.E.E., - ABSENT TO DUTY UNAUTHORIZEDLY FROM 3-10-2016 ONWARDS - SHOW CAUSE NOTICE ISSUED TO EXPLAIN THE REASONS FOR HIS ABSENCE FROM DUTY - EXPLANATION RECEIVED FROM THE A.E.E. FOR ACCEPT HIS RESIGNATION - CALLED FOR REPRESENTATION FOR ACCEPTANCE HIS RESIGNATION W ITH FULL SIGNATURE.

REF : 1. This office Memo.No. RC/ENC/K1/ 17101040/2017, Dt: 20-08-2018.

2. Mail received by this office from Sri. G. Sarishka, A.E.E., Dt: 28-08-2018.

3. This office Memo. No. RC/ENC/K1/17101040/2017, Dt: 6-9-2018.

-::oOo::-

Memo No.RC/ENC/K(1)17101040/2017,- In response to this office Memo, vide ref.1st cited, Sri G. Sarishka, Asst. Exe. Engineer has sending a mail to this office and requested to accept his resignation, as he is not in a position to attend official duties due to his personal problems.

In the reference 3rd cited, the Asst. Exe. Engineer has been directed to submit his representation to this office in original with full signature by Regd. Post for taking further course of action on the above subject. But, the Asst.Exe.Engineer has not submit his representation to this office and also not made any correspondence till to date even after lapse of three months .

Hence, the Asst. Exe. Engineer is directed to submit his representation to this office in original with full signature by Regd. post within a period of 15 days for taking further course of action in the matter, otherwise, the major punishment of removal from service may be taken against him as per G.O.Ms.No. 127, General Administration (Services-C) Department Dated: 15-09-2017.

K. SRINIVAS,

Engineer-in-Chief (Admn.)

Dated: 10-12-2018.

To 1. Sri. G. Sarishka, A.E.E.,

H. No. F-4, Sairam Apartments, MVP Colony Sector-1, Visakhapatnam- 530017.

2. Sri. G. Sarishka, A.E.E.

(Thro. E-mail [email protected] ) with a request the memo, sent to his mail.

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Cite this issue. Andhra Pradesh Gazette, Government of Andhra Pradesh, 02 January 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.andhra.2019-01-02.4276/. Archive identifier in.gazette.andhra.2019-01-02.4276.