Discipline Gramin Dak Sevaks 2.6.7

Disciplinary Authority The Recruiting Authority is the Disciplinary Authority for awarding any of the penalties specified in Rule 9 of GDS (Conduct and Engagement) Rules 2011. The Disciplinary authority for the posts of GDS BPM is the SSP/SP of the Division and for other GDS recruiting authority. 2.6.7

Disciplinary Authority for GDS other than BPM Unit Officials Authority HO MD/MP/MC Postmaster LSG/HSG PO (other than Town SO) MD/MC/MP Postmaster of respective post offices LSG/HSG TOWN SO IP/ASP of the jurisdiction For all other offices IP/ASP of the Jurisdiction 2.6.7

Ad-hoc Disciplinary Authority When Appointing Authority can not work as Disciplinary Authority due to various reasons Ad-hoc Disciplinary Authority appointed. Appointed by the Chief PMG or the Regional PMG. Will exercise the same powers as the Disciplinary Authority with reference to imposition of penalties. Ad-hoc Disciplinary Authority should not be lower than the authority who originally recruited the GDS. 2.6.7

Nature of Penalties (Rule 9) Censure Debarring from appearing in the examination for the post of MTS/Postman/PA. Debarring him for selection to the post of MTS. Recovery from TRCA for pecuniary loss by negligence or breach of orders. (There is no restriction in amount or the period) Removal from engagement Dismissal from engagement. 2.6.7

Procedure for imposing penalty (Rule 10) Imposing of a penalty shall be made after, He is informed of the proposal to take action along with the allegation He is given an opportunity of making a representation Considering the representation by the Recruiting Authority 2.6.7

Procedure for Imposing Penalty If Removal or Dismissal from engagement is to be imposed, An enquiry is to be held on the charges leveled against him An opportunity of being heard is given to him. Such penalty should be imposed on the basis of the evidence adduced during the enquiry. 2.6.7

Record of Proceedings The record of the proceeding should include: A copy of intimation of the proposal sent to the GDS A copy of statement of allegations with a list of evidence. His representation The records of Inquiry along with a copy of IO’s Inquiry Report. 2.6.7

Record of Proceedings The record of the proceeding should include: Representation of the Sevak on the IO’s report. Findings of Recruiting Authority on the allegations and reasons there for. The order imposing the penalty 2.6.7

Imposition of penalty after discharge (Rule 10-A) If the penalty is to be imposed after discharge of the GDS, The Rule 10 charge sheet has to be continued after discharge also and concluded. The Disciplinary Authority has to submit the finding to the President. 2.6.7

Imposition of penalty after discharge (Rule 10-A) If the penalty is to be imposed after discharge of the GDS, No departmental appeal lies to such a decision. The date on which statement of charges issued or the date of put off duty shall be the date of departmental proceedings in such a case. 2.6.7

Provision of Rule 10 shall not apply in the following cases (Rule 11) In case of conviction If Recruiting Authority is satisfied that there are situations in which it is not practicable to hold such an inquiry. Interest of security of state. 2.6.7

When a GDS can be Put Off duty: (Rule 12) When a disciplinary proceeding is contemplated or is pending When a criminal case is under investigation, enquiry or trial. 2.6.7

Who can put a GDS off duty Recruiting Authority or the authority subordinate to the Recruiting authority or any authority who is empowered in this behalf IP/ASP can put off the GDS BPM in cases of fraud or embezzlement. The order so made by the IP/ASP should be confirmed or cancelled by the Recruiting Authority within 15 days or else it ceases to be effective. 2.6.7

Payment of Ex-gratia for put off duty period GDS is entitled for 25% of his TRCA with DA as ex-gratia payment. Compensation shall not be subject to the condition of production of non-employment certificate. Absconding or unauthorisedly absent GDS who is subsequently put off duty is not eligible for ex-gratia payment 2.6.7

Payment of Ex-gratia for put off duty period If the period of Put off duty exceeds 90 days, the Recruiting authority can vary the amount of compensation by, Increasing the amount not exceeding the 50% of the compensation already sanctioned for the reasons that the prolonging of the inquiry is not due to the GDS; Reducing the amount by not exceeding the 50% of the compensation already sanctioned for the reasons that the prolonging of the inquiry is directly attributable to the GDS. 2.6.7

Treatment of put off Duty period on exoneration If exonerated from the charges, he is eligible for full allowances for the period of put off duty. If he is not exonerated and full allowances are denied, he should be given an opportunity and cogent reasons are to be furnished. 2.6.7

Deemed Put off duty When the dismissal or removal from service of a GDS is cancelled on appeal or review for further inquiry, he should be deemed to have been placed on put off duty with effect from the date of such dismissal or removal from duty until further orders. The same kind of action is to be taken when the court orders setting aside of the dismissal or removal from service purely on technical grounds without going into the merits of the case. The payment of ex-gratia amount is adjustable to the payment on reinstatement. 2.6.7

Appeal (Rule 13 to 18) Put off duty orders or the orders on penalty can be appealed against. The authority who is immediately superior to the authority which orders the put off duty or imposes the penalty is the appellate authority. Appeal should be made within 3 months from the date of receipt of the copy of the order. Appellate authority may entertain a belated appeal if it is satisfied that the appellant has sufficient cause for not submitting the appeal in time. 2.6.7

Appeal should be in GDS’s name and shall do so separately. Appeal (Rule 13 to 18) Appeal should be in GDS’s name and shall do so separately. Appeal should contain all material statements and arguments. It should not contain disrespectful language. Appeal should be submitted to the authority which made the order appealed against. 2.6.7

Withholding of appeal (Rule 16) The authority which made the order, appealed against shall withhold the appeal if it does not comply with the conditions for submission of appeal (Rule 15) or if submitted belatedly and no cause for the belated submission is given. If it is a repetition of any appeal already decided. 2.6.7

Withholding of appeal (Rule 16) The appellant shall be informed of withholding of the appeal A Quarterly statement of withholding of the appeal is to be submitted to the appellate authority. 2.6.7

Transmission of appeal (Rule 17) The appeal which is not withheld is submitted to the appellate authority with comments and relevant records. The appellate authority may also call for the withheld appeal to be submitted it to him with comments and records. 2.6.7

Consideration of Appeal (Rule 18) Appellate Authority shall consider, Whether the procedure has been followed in the case, Whether the findings are justified, Whether the penalty imposed is excessive, adequate, or inadequate and pass order. 2.6.7

Consideration of Appeal (Rule 18) Setting aside, reducing, confirming or enhancing the penalty Remitting the case to the authority. If the penalty is to be enhanced, the appellant is to be given an opportunity of making a representation. 2.6.7

Revision (Rule 19) Regional PMG for those in the Region and for others Chief PMG Any other authority superior to the authority passing the order Any other authority specified by the Govt. 2.6.7

Suo moto Revision (Rule 19) Revisionary authority shall itself call for the file and open the case or otherwise and confirm, modify or set aside the order or pass such orders as it deems fit. The Revisionary authority other than PMG or Chief PMG cannot open the case after six months from the date of the order or before the expiry of three months specified for making an appeal. 2.6.7

Action on Revision Petition (Rule 19) Enhancement of penalty should be made only after giving an opportunity of making a representation by the GDS. If major penalty proceedings had not been held and if the major penalty has to be imposed, such penalty can be imposed only after holding the major penalty proceedings. No application on the Revisionary order is entertainable. 2.6.7

Review (Rule 20) President may review an order when a new material or evidence, which was not available at the time of passing the order, is produced. Powers of the President is exercised by a plenary board comprising of Member (P) and Member (O) or comprising of such authorities as may be delegated. 2.6.7

General: (Rule 21) Every Sevak shall at all times maintain absolute integrity and devotion to duty. 2.6.7

He shall prevent any member of his family to be so. Conduct: (Rule 22 to 29) No GDS shall be a member or otherwise associated with any political party or organization. He shall prevent any member of his family to be so. He shall not canvass or use his influence in connection with or take part in an election to any legislative or local authority. 2.6.7

Conduct: (Rule 22 to 29) He shall not resort or abet any form of strike pertaining to his conditions of his engagement. He shall not make any criticism of government in any Radio Broadcast or in any document published in his own name or anonymously or pseudonymously. 2.6.7

Conduct (Rule 22 to 29) He shall not give evidence before any committee or authority except before a committee appointed by the Govt., or in a judicial inquiry or in the inquiry held by the department. He shall not communicate any unauthorized communication (information which he is not authorised to have access) to any person or GDS. 2.6.7

Conduct (Rule 22 to 29) He should avoid habitual indebtedness or insolvency. He shall not recourse to any court to vindicate his official act. (For private act, he can go to court but he shall report the details of the matter to the Recruiting Authority). 2.6.7

Conduct Rule 22 to 29) He shall not bring any political or other outside influence to bear upon any superior authority to further his interests in matters of engagement. He is prohibited from engaging himself or a member of his family in any business detrimental to the business of the Post Office. 2.6.7

Case study Progress Test 1 2.6.7