SUPERINTENDENT OF JAILS, CENTRAL PRISON, NELLORE.

Procs. No. CPN / OS(E)/5901/2019, Dated : 29-10-2019.

SRI SK. JOHN SAIDA, WARDER - EXHIBITING A CONDUCT THAT IS UN-BECOMING

OF A GOVERNMENT SERVANT AND EXHIBITING GROSS MISCONDUCT

BY UNAUTHORISEDLY FROM 06-12-2018 TO 04-09- 2019 i.e., (273)

DAYS - VIOLATION OF RULES OF A.P. PRISONS RULES, 1979 AND

APCS (CONDUCT) RULES, 1964 AND - INITIATION OF DISCIPLINARY

PROCEEDINGS UNDER RULE 20 OF

A.P.C.S. (CC&A) RULES,

1991 -APPOINTMENT OF ENQUIRY OFFICER - INQUIRY CONDUCTED - CHARGES

PROVED - ENQUIRY REPORT COMMUNICATED - FURTHER REPRESENTATION

NOT SUBMITTED WITHIN THE STIPULATED TIME - FINAL ORDERS- ISSUED.

Ref : 1.

This Office Charge Memo. No. CPN/OS(E)/5029/2019, Dt. 11-09-2019.

Written statement Dt. 21-09-2019 of Sri Sk. John Saida, Warder,

Central Prison, Nellore.

This Office Procs. No. CPN/OS(E)/5302/2019, Dt. 27-09-2019.

Inquiry Report Dt. 09-10-2019 of Sri P. Venugopal, Inquiry Offlcer-

cum- Deputy Superintendent of Jails, Central Prison, Nellore.

This Office Memo. No. CPN/OS(E)/5583/2Q19, Dt. 11-10-2019.

*****

[1]

Registered No. HSE-49/2016

W.No.44

AMARAVATI, MONDAY, NOVEMBER 4, 2019

G.361

PART II - MISCELLANEOUS NOTIFICATIONS OF INTEREST TO THE PUBLIC

--x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

Whereas Sri Sk. John Saida, Warder, Central Prison, Nellore was issued

with the following articles of charges in connection with his unauthorized absence

for duty from 06-12-2018 to 04-09-2019 i.e., (273) days under Rule 20 of

Andhra Pradesh Civil Services (CC&A) Rules, 1991 vide reference 1^st cited.

Article of Charge - I: That the said Sri Sk. John Saida, Warder, Central

Prison, Nellore has exhibited gross misconduct and dereliction of duty by absenting

himself unauthorizedly from 6-12-2018 to 04-09-2019. Thus he violated the

Rule 90 of A. P. Prisons Rules, 1979.

Article of Charge - II: That the said Sri Sk. John Saida, Warder, Central

Prison, Nellore has deceived the administration by giving false leave address

with ulterior motive so that memos sent by this office are returned undelivered

and thus exhibiting lack of devotion to duty, lack of integrity lack of discipline

and hence violated Rule 3 (1) of AP Civil Services (Conduct Rules), 1964.

Article of Charge - III: That the said Sri Sk. John Saida, Warder, Central

Prison, Nellore has exhibited a conduct that is unbecoming of a Government

Servant by becoming a habitual delinquent and not changing his attitude or behavior

in spite of receiving several punishments on previous occasions and still continuing

to commit severe violations of conduct rules. Thus violated Rule 3(2) of AP Civil

Services (Conduct Rules), 1964.

Whereas the Charged Officer has submitted his written statement through

the reference 2^nd cited wherein he has denied all the charges framed against

him. As his explanation was found not satisfactory, this Office has appointed

Sri P. Venugopal, Deputy Superintendent of Jails, Central Prison, Nellore and Sri

N. Srinivasa Rao, Jailor, Central Prison, Nellore as Enquiry Officer and

Presenting Officer respectively vide reference 3^rd cited to enquire into the charges

framed against the Charged Officer. On conducting of Inquiry, the Enquiry Officer

has submitted his report to this Office, wherein he has held that all the articles

of Charges I, II and III are proved.

On perusal of the Inquiry Report, the Enquiry Officer has held that charges

are proved basing on the following grounds and the same was accepted by the

Superintendent, Central Prison, Nellore in total.

ARTICLE OF CHARGE - I: On the basis of the Documentary and oral evidences

adduced during the course of the inquiry the charged officer it is clearly established

that the charged officer exhibited gross misconduct and dereliction of duty by

absenting himself for duty from 6-12-2018 to 4-9-2019. Rule 90 of AP Prison

Rules 1979 clearly states that Rule 90 of A.P. Prisons Rules, 1979 clearly states

that “ No Subordinate Officer shall be absent during the hours fixed for his

attendance without the permission of the Superintendent or Jailor”. His fixed hours

for duty was on 6-12-2018. But he chose to remain absent for duty at his will

without permission of the Superintendent or Jailor and thus he clearly violated

the Rule 90 of AP Prison Rules 1979. Thus the article of charge - I is “PROVED”

ANDHRA PRADESH GAZETTE, November 4, 2019

ARTICLE OF CHARGE - II: On the basis of the Documentary and oral evidences

adduced during the course of the inquiry the charged officer did deceived the

administration with ulterior motive by giving false address. Rule 3 (1) of AP

Civil Services (Conduct Rules), 1964 clearly states that “ Every Government

employee shall be devoted to his duty and shall maintain absolute integrity,

discipline, impartiality and a sense of propriety”. By deceiving the administration

with false addresses his lack of integrity and lack of sense propriety is clearly

manifested. Thus he violated the Rule 3(1) of AP Civil Services (Conduct Rules),

1964. Thus the article of charge - II is “PROVED”

ARTICLE OF CHARGE - III: The following punishments awarded to him in a span

of four years indicates his lack of devotion, discipline, unbecoming nature.

1. He is Warned for his unauthorized absence for duty from 02-08-2016 to

27-09-2016 (57 days) and instructed not to repeat such type of mistake in

future vide this Office Procs. No. CPN/OS(E)/6095/2016, Dt. 25-10-2016.

2. He was punished with the postponement of (02) Annual Grade Increments

without cumulative effect for borrowing money from Smt. Sk. Shahin, Wife

of a Convict Prisoner vide this office Procs. No. CPN/OS(E)/6338/2016,

Dt. 04-11-2016.

3. He was punished with “withholding of One (01) Annual grade increment with

cumulative effect” for his unauthorized absence for duty from 30-04-2017

to 07-06-2017 (39 days) vide this Office Procs. No. CPN/OS(E)/5145/2016,

Dt. 28-08-2017.

4. He was punished with “withholding of Two (02) Annual grade increment

with cumulative effect” for his unauthorized absence for duty from 13-10-2017

to 21-12-2017 (70 days) vide this Office Procs. No. CPN/OS(E)/2306/2016,

Dt. 5-4-2018.

5. He was punished with “Stoppage of his next Two (02) Annual Grade Increments

with cumulative effect with adverse impact on his pension” for his unauthorized

absence for duty from 05-07-2018 to 14-09-2018 (72 days) vide this Office

Procs. No. CPN/OS(E)/2306/2016, Dt. 5-4-2018. He was severely warned

in this Proceedings that it will be the last of above such punishments and

any further negligence in duty or deliberate violation of rule provisions will

result in more severe form of punishments including his removal from service.

On perusal of the above offences committed by him together with the

present unauthorised absence again for 273 days it clearly establishes that he

lacks any remorse and that he is beyond any reformation which is unwarranted

from a Government Servant. Rule 3 (2) of AP Civil Services (Conduct Rules),

1964 clearly states that “No Government employee shall behave in a manner

which is unbecoming of such employee or derogatory to the Prestige of

Government”. Thus he violated the Rule 3 (2) of AP Civil Services (Conduct Rules),

1964. Thus the article of charge - III is “PROVED”.

ANDHRA PRADESH GAZETTE, November 4, 2019

The Charged Officer gave his statement Dt. 01-10-2019 during the

Enquiry wherein he has stated that he proceeded on a two day Casual Leave

on 04-12-2018 and 05-12-2018 duly getting it sanctioned. He stated that he was

absent for duty as it was his responsibility to resolve his family problems. Now

that he has solved all his family problems he has reported back for duty. He has

further stated that he has attended for “JAMAAT” to change his bad habits and

his attitude and that henceforth he will perform the duties with commitment. He

assured that he does not repeat such types of lapses in future and excuse him

for this time duly keeping in view of his family members.

While communicating a copy of the Enquiry Report along with its enclosures

to the Charged Officer vide this office memo 5^th cited on 11-10-2019, the Charged

Officer was directed to submit his further representation, if any, in this regard

within (07) days from the date of receipt of this memo, and he was also informed

that in case he fails to submit his explanation within or by (07) days, orders are

liable to be passed on the merits of the case. But he has not submitted any

representation within the stipulated period i.e., by 17-10-2019. Besides, he has again

absented himself for duty unauthorizedly w.e.f. 22-10-2019 despite the pending

of disciplinary action for his previous unauthorized absence.

Sri Sk. John Saida, Warder, Central Prison, Nellore has not changed his

attitude or his behavior. He has least regard for Government Service. He has

been warned several times earlier and at times, even punished and yet he is

continuing his unauthorized absence. Even after he was severely warned that

the punishment of removal from service will be awarded to him, he yet again got

unauthorizedly absent for duty without even bothering to submit his explanation

or informing this office of his inability to provide explanation in time. His this

behavior is completely challenging the Authority and this if goes unchecked,

there is every possibility for the other Prison personnel to emulate such behavior.

Sri Sk. John Saida, Warder has become a liability to Prisons Department and it

is high time the Institution/Department puts a full stop to such attitude. Hence,

he is awarded with the punishment of “Removal from Service” with

immediate effect.

Further Sri Sk. John Saida, Warder, Central Prison, Nellore is directed to

handover the Government Property issued to him from this office immediately.

Further he is informed that he may prefer an appeal against these orders to

the appellate authority within the stipulated period from the date of receipt of these

orders.

Necessary entries should be made in the Service Register of the individual

under proper attestation.

M.R. RAVI KIRAN,

Superintendent of Jails

Central Prison, Nellore.

Sri Sk. John Saida, Warder, Central Prison, Nellore (on Unauthorized absence)

S/o. Khasim Saheb, Gurrala Chavidi, Pillala Company Road, Chilakaluripet,

Guntur District.

Published and Uploaded by the Commissioner of Printing, Government of Andhra Pradesh at

Government Regional Press, Vijayawada, www.apegazette.cgg.gov.in

ANDHRA PRADESH GAZETTE, November 4, 2019