FOREST DEPARTMENT
Smt. K.V. SUBBALAKSHMI, FBO (VFW) FORMERLY YAPARLAPADU BEAT OF
KURNOOL RANGE OF KURNOOL (T) DIVISION OF KURNOOL CIRCLE -
UNAUTHORIZED ABSENCE DUTY SINCE 12-05-2016 ONWARDS.
Ref :-
.1.
This office Rc.No. 1578/2016-H4, Dated : 31.10.2018.
2.
CCF, Kurnool Rc.No. 2854/2016/M1, Dated : 27.12.2018.
******
Rc.No. 1578/2016/H4,- It is submitted that Smt K.V.Subbalakshmi,
FBO (VFW) formerly Yaparlapadu Beat of Kurnool Range of this Division
was unauthorizedly to duty since 12.05.2016 and her whereabouts are not
known. In this connection, an Article-II of charge was issued against her in
connection to AOC issued in DFO, Kurnool Rc. No. 741/2016/H10, Dated : 13.05.2016.
It is further submitted that the Forest Range Officer, Kurnool Range
in his Rc.No.09/2016 Dated : 29.11.2018 has reported to this office that inspite
of efforts taken to trace out of Smt K.V.Subbalakshmi, FBO (VFW) for
communication
of
Article-II
of
AOC
issued
in
DFO,
Kurnool
Rc.No.741/2016/H10, Dated : 25.01.2018, her where abouts are not known as
such the Ctharges could not be served on her.
[1]
Registered No. HSE-49/2016
W.No.6
AMARAVATI, FRIDAY, FEBRUARY 8, 2019
G.763
PART II - MISCELLANEOUS NOTIFICATIONS OF INTEREST TO THE PUBLIC
--x--
NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,
In this connection, it is further submitted that the above facts and
circumstances were reported to the Chief Conservator of Forests, Kurnool
and requested further process in this case. It is submitted that vide reference
2nd cited, the Chief Conservator of Forests, Kurnooi has instructed to take
further necessary action for communicating the Article of charges to
Smt K.V.Subbalakhsmi, FBO (VFW) of this Division as per the provisions
contained in Rule 42(iii) of A.P.CC&A Rules, 1991 and take necessary
action for finalization of disciplinary proceedings as per rules in vogue. In
this context it is submitted that Rule 42(iii) of APCC&A Rules, 1991 speaks
that if the document cannot be so served or communicated be published in
A.P.Gazette.
In compliance to the instructions inforce, I am submitting herewith a copy
of Article-II
of AOC issued
in DFO,
Kurnool Rc.No.741/2016/H10,
Dated : 25.01.2018 in respect of Smt K.V.Subbalakhsmi, FBO (VFW) for favour
of kind information.
ANNEXURE-I
Statement of imputation and misconduct framed against
Smt K.V.Subbalakshmi, FBO(VFW) formerly Yaparlapadu Beat of
Kurnool Range of Kurnool (T) Division proposed to be sustained
Smt K.V. Subbalakshmi, FBO(VFW) formerly Yaparlapadu Beat of
Kurnool Range, during said period she has grossly neglected her legitimate
duties has mentioned in the following article.
Article-II:
That Smt K.V.Subbalakshmi FBO(VFW) formerly Yaparlapadu Beat of
Kurnool Range of Kurnool (T) Division has grossly neglected her legitimate
duties resulting in unauthorized absence to duty w.e.f 12.05.2016 in violation
of Sec.157 of A.P. Forest Code and Rule 3 of AP Civil Services (Conduct)
Rules, 1964.
Basis of Charge:
Smt K.V.Subbalakshmi, FBO(VFW) while working in Yaparlapadu
beat of Kurnool Range has applied leave from 12.05.2016 to 12.06.2016 vide
her application Dated : 11.05.2016. The same was rejected vide this office
Rc.even no., Dated : 12.05.2016 in view of ongoing works in Yaparlapadu beat
of Kurnool Range which are time bound and schedule to complete. Accordingly,
she was directed to report duty immediately failing which further action will be
intiated against her as per agreement conditions and Rules inforce.
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ANDHRA PRADESH GAZETTE, February 8, 2019
Further, a notice also issued to Smt K.V.Subbalakshmi, FBO (VFW)
vide this office Rc.No.741/2016/H10, Dated : 01.06.2016 on following counts.
i.
A explanation memo was issued to against her vide this office
Rc.No.741/2016/H10, Dated : 27.02.2016 for not completing the works
in Central Nursery in Yaparlapadu beat of Kurnool Range and directed
her to submit the explanation for disobedience of the instructions
of superiors and show cause why disciplinary action shall not be taken
against her for negligency of duty. She has not submitted her explanation
even lapse of three months though she acknowledged the receipt
of explanation on 05.03.2016.
ii.
An AOC was issued against her for not completing the works in her
Beat and failed to discharge her legitimate duties as assigned in
Sec.157 of A.P.Forest Code and Rule 3 of AP Conduct Rules, 1964
vide this office Rc.No.741/2016/H10, Dated : 13.05.2016.
iii.
Though the leave applied by her was rejected and directed her to join
duty duly informing the agreement conditions of her service to the
Department. She acknowledged the receipt of notice on 12.09.2016
and submitted her explanation Dated : 04.10.2016 with a request to allow
her to join duty. Though she was directed to join duty immediately in
the exigency of service, she had just submitted her joining report, but
leave the headquarters without prior permission from the Competent
authority on the flimsy reasons and to evade to join duty and proceeded
on unauthorizedly absence to duty since a long without permission
from the Competent Authority by violating the Conduct rules which
clearly speaks her negligency towards legitimate duties and disobedience
of orders of the Superiors. Thus she violated the following agreement
conditions being appointed on contract basis.
Agreement condition no.4: speacks that “the first party reserves the right to
terminate the contract appointment at any time without assessing any reason
by giving 1 month notice to the second party or by paying the one month
emoluments in lieu thereon”.
Agreement condition no.7: The second party shall have to work within she
frame work of the Department policies and directions as may be issued to
second party by the department/ Appointing authority from time to time.
In this regard she has failed to work as per Departmental policy and
direction. Due to her negligence nursery wo4rks could not be completed
and she violated the department rules. She has not submitted her explanation
till date even after lapse of (3) months which is serious lapse on her part and
disobedience of the superior instructions.
ANDHRA PRADESH GAZETTE, February 8, 2019
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Agreement condition no.10: The absences of second party (VFW) for a continuous
period of (10) days or overstayed for period of (10) days after expiry of
leave the contract shall automatically come to an end, without any notice or
intimation from the 1st party (Divisional Forest Officer).
From the above norms, her services are became unsatisfactory and
why her services shall not be discontinued in violation of agreement conditions.
Further, the Government vide G.O.Ms.No.127, G.A(Ser-C), Dept.,
Dated : 15.09.2017 while amended the rule 9 of APCS (CC&A) Rules, 1991
the following provisions are incorporated.
I.
After Clause (ix) of Rule 9 of said Rules the following shall be incorporated ;
Provided that a Government Servant shall be deemed to have been
removed from service, if he/she:
(a)
Is absent from duty without authorization for a period exceeding
one year ; or
Provided further that a show cause notice to explain the reasons for such
absence from duty before invoking the above said proviso.
II.
In clause (i) of Rule 25 of the said Rules the following shall be incorporated.
“Misconduct leads to a penalty imposed as per 1st proviso under Rule 9 (ix)
of these Rules, or”
It is obvious from the above that you have grossly neglected your legitimate
duties and unauthorized absence from duty beyond one year, thus resulting in
failure to maintain absolute integrity, discipline which amounts to misconduct,
misbehavior and unbecoming of a government servant in violating of
Sec. 157 of A.P. Forest Code, Rule 3 of AP Civil Services and also violated
the prescribed agreement conditions pertaining to her service in the department.
Hence, the charge.
D. CHANDRASEKHAR RAO,
Dated : 21-01-2019.
Divisional Forest Officer,
Kurnool Division, Kurnool.
To
Smt K.V. Subbalakshmi, FBO (VFW) //Through the Forest Range officer,
Kurnool Range //
Published and Uploaded by the Commissioner of Printing, Government of Andhra Pradesh at
Government Regional Press, Vijayawada, www.apegazette.cgg.gov.in
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ANDHRA PRADESH GAZETTE, February 8, 2019