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. 011-2309662
