REVIEW OF
RULE 12 OF GDS CONDUCT AND ENGAGEMENT: RULES-2011 FOR ALL CATEGORIES OF GRAMIN DAK SEVAKS (GDS).
No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts (GDS Section)
Dak Bhawan,
Sansad Marg, New
Delhi-110001
Dated: 26.06.2019
OFFICE MEMORANDIIM
Subject : Review of Rule 12 of GDS conduct and Engagement;Rules-2011
for
all categories of Gramin Dak Sevaks (GDS).
The undersigned is directed to refer to Rule 12 of GDS
regarding Put off Duty of GDS (Conduct and Engagement Rules, 2011
2. The Competent Authority has approved the following
substitution rn Rule -12 of GDS (Conduct and Engagement) Rules, 2011 containing
the Put off Duty for all categories of Gramin Dak Sevaks (GDS) in supersession
of all earlier instruction/ order on the subject :-
"12. Put off Duty
(1) The Engaging Authority or any authority to which the
Engaging Authority is subordinate or any other authority empowered in that
behalf by the Government, by general or special order, may put a Sevak off duty
(a) Where a disciplinary
proceedings against him is contemplated or is pending or
(b) Where a case against him in respect of any criminal offence
is under investigation, inquiry or trial:
Provided that in cases
involving fraud or embezzlement, the Sevak holding any post specified in the
Schedule to these rules may be put off duty by the Inspector of Post Offices or
the Assistant Superintendent Post offices of the Sub Division as the case
may be under immediate intimation to the Engaging Authority.
.2. Where Inspector of Post Offices or the Assistant
Superintendent of Post Offices of the Sub-Division ie not the Engaging
Authority, an order made by them under Sub-Rule (1) shall cease to be effective
on the expiry of fifteen days from the date of such order unless earlier
confirmed or cancelled by the Engaging Authority or the Authority to which the
Engaging Authority is subordinate.
3. A Sevak shall be entitled to an amount of compensation as
ex-gratia payment equal to 26% of his/her Time Related Continuity Allowance
together with admissible Dearness Allowance per month for the period of put off
duty.
Provided that where the
period of put of duty exceeds 90 days, the Engaging Authority or the authority
to which the Engaging Authority or any other authority empowered in this
behalf, as the case may be, who made the order of put duty shall be competent
to vary the amount of compensation for any period subsequent to the period of
lirst 90 davs as follows:-
(i) The amount of compensation as ex-gratia payment may be
increased by a suitable amount, not exceeding 50% of such compensation
admissible during the period of the first 90 days, if in the opinion of the
said authority the period of put off duty has been prolonged, for reasons to be
recorded in writing, not directly attributable to the Sevak.
(iil The amount of compensation as ex-gratia payment may be
reduced by a suitable amount not exceedin g b\o/o of such compensation
admissible during the first 90 days, if in the opinion ofthe said authority, the
period ofput offduty has been prolonged due to reasons to be recorded in
writing directly attributable to the Sevak.
Note 1. - The rate of Dearness A]Iowance will be based on the
increased or decreased amount of compensation admissible under sub-clauses (i)
and (ii) above.
Note-2.- The payment of compensation for the put off duty period
shall not be subject to furnishing ofa certificate that the Sevak is not
engaged in any other employment, business, profession or vocationi
Provided that a Sevak
who has been absconding or remains absent unauthorizedly and is subsequently
put off duty shall not be entitled to any compensations as ex-gratia payment
Provided further that in
the event of departmental proceedings initiated against a GDS (who was placed
under put off duty) for imposition of major penalty finally ends with the
imposition of a minor penalty, the Sevak concerned should, be paid full fime
Related Continuity Allowance and allowances for the period of put off duty.
4. Where a penalty of
dismissal or removal from engagement imposed upon a Sevak putting him off the
duty under this rule is set aside in appeal or on review under these rules and
the case is remitted for further inquiry or action with any other direction,
the order ofputting him off duty shall be deemed to have continued in force on
and from the date ofthe original order of dismissal or removal and shall remain
in force until further orders.
5. Where a penalty of dismissal or removal from engagement
imposed upon a Sevak, is set aside or declared or rendered void in consequence
for by a decision of a Court of Law and the disciplinary authority, on a
consideration of the circumstances of the case, decides to hold a further
inquiry against the Sevak on the allegations on which the penalty of dismissal
or removal was originally imposed, the Sevak shall be deemed to have been put
off his duty by the Engaging Authority from the date of original dismissal or
removal and shall continue to remain on put off his duty until further orders
Provided that no such
further inquiry shall be ordered unless it is intended to meet a situation
where the Court has passed an order purely on technical grounds without going
into the merits of the case.
NOTE.- The period of putting a Sevak off his duty including the
period of deemed putting him off his duty shall be decided by the Competent Authority
after de novo proceedings in this regard are finalized and compensation as
ex-gratia payment for the concerned period shall be regulated according to
provisions of sub -rule (3). The break caused due to putting the Sevak off his
duty shall be regulated as per extant provisions issued from time to time by
the Central Government for this purpose.
Note.- Any payment made under this rule to a Sevak on his
reinstatement shall be subject to adjustment of compensation already paid as
ex-gratia.
6. The above instructions will come into effect from the date of
issue of this O.M.
7. Hindi version will follow.
(SB Vyavahare)
Assistant Director
General (GDS/PCC)
Tele No. 011-23096629
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