Registered No. HSE-49/2016
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Servants Agricultural Marketing Department - Departmental W.No.5proceedings initANARAY ATĄ MIOIDALİÇİDEFEAMBER: 2892025t Sri K. Jayasekha 2358 the then Executive Engineer ( AM ) , Vijayawada & Executive Engineer ( AM ) PART /F ) , NOTIFICATIONSBY GOVERNMENTS, HEADS OF DEPARTMENTS entrusted to CommissioAND OTHER OFFICERS held proved Imposing of penalty of " Dismissal from Service "--- Orders - Issued .
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AGRICUL ENT PARTMENT G.O.Ms.No.56
Dated : 10.10.2022
Read the following : - 1. From the C & DoAM , AP , Letter No.DS ( 1 ) 11971/2014 , dated : 25-08- 2014 .
2. G.O.Rt.No.486 , A & C ( Vig.II ) Dept. , dated : 01-09-2014 .
3. From the C & DoAM , AP , Letter No.DS ( 1 ) 11971/2014 , dated : 18-04- 2015 .
4. G.O.Rt.No.658 , A & C ( Vig.II ) Dept. , dated : 10-09-2015 .
5. G.O.Rt.No.151 , A & C ( Vig . II ) Dept. , dated : 24-02-2016 .
6. G.O.Rt.No.354 , A & C ( Vig.II ) Dept. , dated : 21-05-2018 .
7. G.O.Rt.No.375 , A & C ( Vig.II ) Dept. , dated : 29-05-2018 .
8. Govt.Memo . No.7492 /Vig.II ( 1 ) / 2014 , dated : 11-10-2018 .
9. G.O.Rt.No.293 , A & C ( Vig.II ) Dept. , dated : 12-04-2019 .
10. Judgement dated : 15-07-2019 in C.C.No.1357/ 2008 of the Hon'ble III Addl.Judicial Magistrate of the First Class cum III Addl . Junior Civil Judge , Kakinada , East Godavari District .
11. G.O.Rt.No.474 , A & C ( Vig . II ) Dept. , dated ; 30-07-2019 .
12. Govt . Memo No.7492 /Vig . II ( 1 ) /2014 , dated : 13-03-2020 .
13. From the COI - RPS , Inquiry Report dated : 11-01-2021 .
14. Govt . Memo No.7492 / Vig . II ( 1 ) / 2014 , dated : 19-02-2021 .
15. From Sri K. Jayasekhar , the then E.E. ( AM ) , Vijayawada & presently Ε.Ε. ( AM ) , Visakhapatnam , representation dated : 05-08-2021 .
16. Judgement dated : 08-09-2021 in Criminal Appeal No.332 of 2019 of the Hon'ble III Addl . District and Sessions Judge , Kakinada , East Godavari District .
( Ρ.Τ.Ο. ) 20. From the Secretary , APPSC , Letter No.GAD03 - APPSC0DCC/ 61 / 2022- DC.SEC - APPSC ( Computer No.1804958 ) , dated : 16-09-2022
ORDER :
Based on the report of the Commissioner & Director of Agricultural Marketing , A.P. on the allegation of sexual harassment and torture of Smt . U. Varalakshmi , Out Sourcing Non - Technical Work Inspector , O / o Deputy Executive Engineer ( AM ) , Kakinada , the Government had placed Sri K.Jayasekhar , Executive Engineer ( AM ) , Vijayawada under suspension vide G.O.2nd read above . On these allegations , Government , had also initiated departmental proceedings by framing the following article of charge against the said Accused Officer vide G.O.4th read above : -
Article of Charge :
" That , the said Sri K. Jayasekhar , Executive Engineer ( AM ) , while working as Executive Engineer( AM ) ( U / s ) , Vijayawada caused sexual harassment and outrage modesty of Smt . U. Varalakhami , Non- Technical Work Inspector ( Out- Sourcing ) , O/ o Deputy Executive Engineer ( AM ) , Kakinada , during his visits to the Sub - Division office , Kakinada in absence of Deputy Executive Engineer , Assistant Engineer and often he used to threaten to withdraw her services unless she accepts his obscene and sexual explicit activities . And also he used to sit in the late nights and used to call her to office in the late night and forced her to attend his personal service " .
" Thus Sri K. Jayasekhar , Executive Engineer ( AM ) ( U / s ) by his above mentioned act , exhibited lack of integrity , devotion to duty and conduct unbecoming of a Government Servant and thereby contravened the Rule 3 of A.P.C.S. ( Conduct ) Rules , 1964. Hence , the charge " .
2. Smt . U. Varalakshmi , Out Sourcing Non - Technical Work Inspector , O / o Deputy Executive Engineer ( AM ) , Kakinada lodged a complaint with Karapa Police Station on sexual harassment against Sri K.Jayasekhar , Executive Engineer ( AM ) , Vijayawada and Police have registered a case in FIR No. 109/2014 U / s 354 IPC on 21-08-2014 against the Executive Engineer ( AM ) , Vijayawada .
3. The Charged Officer has not submitted his written statement of defence to the charges framed against him . Subsequently , Government , have reviewed the suspension of Sri K. Jayasekhar , Executive Engineer ( AM ) and decided to revoke his suspension and reinstated him into service , without prejudice to the departmental proceedings initiated against him . Accordingly , vide G.O.5th read above orders were issued reinstating Sri K.Jayasekhar , Executive Engineer ( AM ) in to service and posted as Executive Engineer ( AM ) , Kadapa in the existing vacancy .
(Contd..3 ) 5. The Hon'ble III Addl.Judicial Magistrate of the First Class cum III Addl.Junior Civil Judge , Kakinada , East Godavari District has issued orders dated : 15-07-2019 in C.C.No.1357 / 2018 that , the accused found not guilty for the offense punishable under section 353 and 506 of IPC . Accordingly , he is acquitted under section 248 ( 1 ) Cr.PC for the offense punishable under section 353 and 506 of IPC in C.C No.1357 / 2018 in Cr.No.109 / 2014 .
6. After conducting the regular inquiry , the Commissioner of Inquiries - RPS has furnished the inquiry report dated : 11-01-2021 concluding that the Charged Officer is guilty of the charge of attempting to outrage modesty of a woman . Hence , the lone charge against him stands proved . The Charge - I framed against Charged Officer is held as proved .
7 . In the Govt . Memo dated : 19-02-2021 , while furnishing a copy of the inquiry report dated : 11-01-2021 , the Charged Officer Sri K. Jayasekhar , Executive Engineer ( AM ) was requested to submit his explanation , if any , on the findings of the Inquiring Authority .
8. In turn , the Charged Officer Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada has submitted his explanation in the representation dated : 05-08-2021 stating that , the observations and findings of the learned Commissioner of Inquiries are very vague and not given any specific reason to hold the charge is proved . Therefore , the Charged Officer has stated that , the findings of learned Commissioner of Inquiries are pervasive and unjustified and hence , he has requested to drop further action against him .
9. When consulted , the Law Department in Government have informed that , the Hon'ble Supreme Court in Samar Bahadur Singh v . State of U.P. , Civil Appeal No. 7643 OF 2011 ( Arising out of SLP ( C ) No ( s ) .14722 / 2004 ) has held that , -
"Acquittal in the criminal case shall have no bearing or relevance to the facts of the departmental proceedings as the standard of proof in both the cases are totally different . In a criminal case , the prosecution has to prove the criminal case beyond all reasonable doubt whereas in a departmental proceedings , the department has to prove only preponderance of probabilities . "
( Ρ.Τ.Ο..4 ) 10. The III Addl . District and Sessions Judge , Kakinada , East Godavari District , in his judgement dated : 08-09-2021 in Criminal Appeal No.332 of 2021 filed by Smt . U. Varalakshmi , Employee , Kakinada , has ordered as follows : -
" In the result , the appeal is dismissed by confirming the Calendar and Judgement of the lower court dated : 15-07-2019 in C.C.No.1357 / 2018 passed by the III Additional First Class Magistrate , Kakinada " .
11. The Charged Officer Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada & presently Executive Engineer ( AM ) , Visakhapatnam , in his representation dated : 24-09-2021 , has requested to consider the judgement in Criminal Case before taking further decision and do justice to him .
12. In the G.O.Ms.No.2 , General Administration ( Ser.C) Department , dated : 04-01-1999 , the Government have directed that in all proved cases of misappropriation , bribery , bigamy , corruption , moral turpitude , forgery and outraging the modesty of women , the penalty of dismissal from service shall beimposed .
13. After thorough examination of the entire matter with reference to the record of inquiry , Government have provisionally decided to impose a penalty of " Dismissal from Service " on Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada & presently Executive Engineer ( AM ) , Visakhapatnam , as the Charge framed against him is held proved , in the regular inquiry conducted by the Commissioner of Inquiries - RPS in the above said sexual harassment departmental case . Accordingly , Andhra Pradesh Public Service Commission was addressed for their concurrence on the decision of the Government .
14. In the reference 20th read above , the Secretary , Andhra Pradesh Public Service Commission , has informed that , Commission agrees with the proposal of the Government to impose a penalty of " Dismissal from Service " on Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada & Executive Engineer ( AM ) , Visakhapatnam and advise accordingly .
15. Therefore , in view of the facts and circumstances stated above , Government , after thorough examination of the matter with reference to the record of inquiry , hereby order to impose a penalty of " Dismissal from Service " on Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada & Executive Engineer ( AM ) ( U / s ) , Visakhapatnam , as the Charge framed against him is held proved , in the regular inquiry conducted by the Commissioner of Inquiries - RPS in the instant sexual harassment departmental case .
(Contd..5) ( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH )
CHIRANJIV CHOUDHARY , IFS , PRINCIPAL SECRETARY TO GOVERNMENT To
Sri K. Jayasekhar , the then Executive Engineer ( AM ) , Vijayawada & Executive Engineer ( AM ) ( U / s ) , Visakhapatnam .
(Through : - The Commissioner & Director of Agricultural Marketing , A.P. , Guntur )
Copy to : -
The Commissioner & Director of Agricultural Marketing , A.P. , Guntur .
The Accountant General , A.P. , Vijayawada .
The Secretary , A.P.P.S.C. , Vijayawada .
The Secretary , A.P.V.C. , A.P. Secretariat .
The Government Pleader for Services ( AM ) ,
High Court of Andhra Pradesh , Nelapadu , Amaravati .
SF/SC.
// FORWARDED :: BY ORDER //
K.Sampath kuman SECTION OFFICER