[Price : ` ` ` ` `. 5-00.
R.N.I. No.TELMUL/2016/73158.
HSE. No. 1051/2017-19.
THE TELANGANA GAZETTE
PART-II EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 75] HYDERABAD, SATURDAY, JUNE 15, 2019.
NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.,
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GENERAL NOTIFICATIONS
ARTICLES OF CHARGES ISSUED TO Dr. NAGA BHARANI, C.A.S., E.S.I. HOSPITAL, SANATHNAGAR, HYDERABAD.
Rc. No. 10564/E1B/2015 :- It is proposed to hold an enquiry against Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad in accordance with the procedure laid down in Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.
The substance of the imputations of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge and the imputation of mis-conduct or mis-behavior in support of each article of charge is enclosed (Annexure-I). 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 II and III).
2. Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad is directed to submit within 10 days of the receipt of this Memorandum a written statement of her defence.
3. She is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. She should, therefore, specifically admit or deny each articles of charge.
4. Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad is further informed that if she does not submit her written statement of defence on or before the date specified in para-2 above, or otherwise fails or refuses to comply with the provisions or Rules- 20 and 22 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 or the orders/directions issued in pursuance of the said rules the Inquiring Authority may hold the inquiry against her ex-partie.
5. Attention of Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad is invited to Rules 24 of the Andhra Pradesh Civil Services (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 with in these proceedings, it will be presumed that Dr. Naga Bharani, C.A.S is aware of such a representation and that it has been made at her instance and aciton will be taken against her for violation of Rule-24 of the Andhra Pradesh Civil Service (Conduct) Rules, 1964.
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2 TELANGANA GAZETTE EXTRAORDINARY [Part-II ANNEXURE- ISTATEMENT OF ARTICLE OF CHARGE AGAINST DR.NAGA BHARANI, CIVIL ASSISTANT SURGEON, E.S.I HOSPITAL, SANATHNAGAR, HYDERABAD
ARTICLE-I That Dr.Naga Bharani, appointed as C.A.S., through A.P.P.S.C and posted at E.S.I Hospital, Sanathnagar, Hyderabad and she has reported for duty on 30.03.2013 & left the duties w.e.f. 06.09.2013 without prior sanction of leave. She has not reported for duty till to date in spite of the instructions issued by the authorities concerned and continued to be under unauthorized absence from duty which displays her total lack of devotion to duty and hence violated of Rule (3) of A.P.C.S (Conduct) Rules, 1964.
BASIS OF THE CHARGE: Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad has not applied any leave and left the duties without intimation w.e.f. 06.09.2013 without prior sanction of leave. She has not reported for duty in spite of the instructions issued by the authorities concerned and continued to be under unauthorized absence from duty which displays her total lack of devotion to duty and hence violated of Rule (3) of A.P.C.S (Conduct) Rules, 1964.
ARTICLE-II That the unauthorized absence of Dr.Naga Bharani, Civil Assistant Surgeon, has caused dislocation of the work in E.S.I Hospital, Sanathnagar, Hyderabad. Her conduct has brought Discredit to her service and created an atmosphere of indiscipline in the hospital which is unbecoming of a Government servant hence again violation of Rule (3) of A.P.C.S. (Conduct) Rules, 1964.
BASIS OF THE CHARGE: Dr.Naga Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad has left the duties without prior permission or sanction of leave. Her unauthorized absence has dislocated the hospital routine work in the hospital. Her conduct is opposed to decency and decorum of a Government servant and brought discredit to the Insurance Medical Services Department as well as the Government. This is also indiscipline on part of Dr.Naga Bharani, Civil Assistant Surgeon.
ANNEXURE-II
List of documents by which the articles of Charge Framed against Dr.Naga Bharani Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad.
1. R.C.No.5014/ESIH/SNR/ElB/2015, Dated: 16.3.2015 of the Medical Superintendent, E.S.I Hospital, Sanathnagar, Hyd.
2. D.I.M.S., T.S., Hyderabad Memo No. 79/E1B/2014, Dated :07-03-2015.
ANNEXURE - III
List of witnesses by whom the articles of charges framed against Dr. Nag a Bharani, Civil Assistant Surgeon, E.S.I Hospital, Sanathnagar, Hyderabad are proposed to be sustained.
Hyderabad, 20-07-2015.
(Sd/-)
D.I.M.S.
To
Dr. Naga Bharani, through the Medical Superintendent, E.S.I Hospital, Sanathnagar, Hyderabad.
June 15, 2019] TELANGANA GAZETTE EXTRAORDINARY 3APPENDIX
Inquiry Report
Departmental Inquiry Held against Dr. Naga Bharini, CAS ESI Hospital Sanathnagar Located at Nacharam, Hyderabad.
Submitted by Dr. G. Satyanarayana Spl.Gr. Civil Surgeon ESI Hospital Sanathnagar Located at Nacharam, Hyderabad.
Inquiry Officer: Dr. G. Satyanarayana Spl.Gr. Civil Surgeon ESI Hospital Sanathnagar Located at Nacharam, Hyderabad.
Vide 0/o.DIMS TS Hyd., RC.NO.10568/E1B/2015 Dt.05.07.2018.
Under Sub - rule (2) of 20 Civil Services (CCA) Rules of 1991,1 was appointed by the Director of Insurance Medical Services, Telangana State, Hyderabad as the Inquiry Authority to inquire into the charges framed against Dr. Naga Bharini, CAS, ESI Hospital Sanathngar Located at Nacharam, Hyderabad Vide O/o.DIMS TS Hyd., Rc.No. 10568/E1B/2015 Dt.05.07.2018.
1. The Charged Officer did not attend the inquiry. A communication sent to her thrice of which she received 1st letter & 2nd reminder and 1st reminder has been returned undelivered with an endorsement that he was not found and that his whereabouts were not known.
2. I have since completed the inquiry on the basis of the documents and evidence adduced before me prepared by Inquiry reports as under.
3. No Officer was appointed as presenting officer by the Disciplinary Authority.
4. The following two articles of charge have been framed against Dr. Naga Bharini, CAS Articles l: That Dr. Naga Bharini appointed as Civil Assistant Surgeon through APPSC and posted at ESI Hospital Sanathnagar, Hyderabad and she has reported for duty on 30.03.2013 and left the duties w.e.f. 06.09.2013 without prior sanction of leave. She has not reported till to date in spite of the instructions issued by the authorities concerned and continued to be under unauthorized absence from duty which displays her total lack of devotion to duty and hence violated of Rule (3) of A.P.C.S. (Conduct) Rules, 1964.
Articles 2: That the unauthorized absence of Dr. Naga Bharani, Civil Assistant Surgeon, has caused dislocation of the work in ESI Hospital Sanathnagar Hyderabad. Her conduct has brought Discredit to her service and created an atmosphere of Indiscipline in the hospital which is unbecoming of a Government servant hence again violation of Rule (3) of A.P.C.S.(Conduct) Rules, 1964.
List of exhibited documents are shown in Annexure - I & list of witnesses as shown in
Annexure - II.
Case of the Disciplinary Authority:
5. The Charged Officer absented herself from duty without prior permission and continued to be so till this date, thereby causing dislocation to public service and indulging herself in contravention of rule 3 of AP Civil Services (Conduct) Rules 1964.
6. The charged Officer has chosen to be silent. Hence she should be considered to have no defense.
7. Findings of the Inquiry Officer:
a. The Director of Insurance Medical Services framed two charges as in para 4 above.
b. The charged Officer was informed to attend Inquiry by Registered Post Ack., due, which were received by the charged Officer but not attended the Inquiry4 TELANGANA GAZETTE EXTRAORDINARY [Part-II c. Thereafter the 2 reminder letters sent to the charged Officer by Registered post with Ack., due which was returned 1st reminder that no such person at given address.
d. There is no response from the charged Officer end.
e. In the absence of a reply from the charged officer, denying the charge, both the charges are considered to have been proved conclusively.
f. There is a significant change in the procedure as expartie for dealing with such cases of unauthorized absence from duty of Government Servants. According to rule 18 - A of Fundamental rules, introduced through GO Ms.No.128 Finance Dated:01.06.2007, " A Government Servant shall be deemed to have resigned from service if she is absent with out authorization for a period exceeding one year, provided that a reasonable opportunity to explain the reason is given to the Govt., Servant before the provision of this rule is invoked" the authorized absence of the charged officer commenced on 06.09.2013. She continues to be absent till now, which extends beyond the date of introduction of the new Fundamental Rule 18-A. Hence the charged officer falls under the purview of the above new rule. The charge memo issued to her takes the place of a reasonable opportunity envisaged in the above new rule. There is no reply whatsoever from the charged officer. After ascertaining that there is no Govt., dues from him, Dr. Naga Bharini, Civil Assistant Surgeon, may be deemed to have resigned from Govt., Service w.e.f., forenoon 06.09.2013.
8. On the basis of documentary evidence adduced in the case before me and in views of the reasons given above, 1 hold that the following charges are proved against
Dr. Naga Bharini, Civil Assistant Surgeon.
Charge No. 1: Proved
Charge No. 2: Proved
Hyderabad, 05-07-2018.
(Sd/-) Inquiry Officer.
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Printed and Published by the Commissioner of Printing, Government of Telangana at Government Central Press, Chanchalguda, Hyderabad.