Guidelines for appointment of GDS to the Departmental Posts (DOP) in the event of pendency of Disciplinary/Criminal Proceedings, Put off duty and currency of punishment on GDS-reg
The Ministry of Communications, Department of Posts (GDS Section), has released a new Office Memorandum (OM) dated 14th October 2024, laying out detailed guidelines on handling the appointment of Gramin Dak Sevaks (GDS) to Departmental Posts in cases where disciplinary or criminal proceedings are pending, GDS are put off duty, or under the currency of punishment. This memorandum serves to clarify procedures in such scenarios, ensuring that appointments to Departmental Posts adhere to the legal and disciplinary framework of the Department of Posts.
The guidelines are divided into two main categories:
- Appointment through Limited Competitive Examination
- Appointment to Departmental Posts Based on Seniority
1. Appointment through Limited Competitive Examination:
(a) At the Time of Applying for Competitive Exams:
Gramin Dak Sevaks (GDS) will be allowed to appear for the Limited Competitive Examination on a provisional basis, even if they fall under one of the following categories:
- GDS is put off duty.
- Disciplinary proceedings are pending with an issued charge sheet.
- A criminal prosecution is pending against the GDS.
- The GDS is under the currency of punishment, except for cases involving compulsory discharge, removal, or dismissal from engagement.
(b) At the Time of Declaration of Result/Joining Departmental Post:
In the following cases, a GDS’s result will not be declared:
- If they are put off duty.
- If disciplinary proceedings are pending.
- If a criminal prosecution is pending.
In cases where a penalty (other than compulsory discharge, removal, or dismissal) is in effect, appointment to a Departmental Post will be deferred until the penalty period is over or fully resolved (e.g., recovery of losses). Importantly, minor penalties such as 'Censure' will not affect their appointment.
If any of these conditions arise after the result declaration but before appointment, the GDS will not be relieved to join the post, and action will be taken accordingly.
(c) Action on Conclusion of Disciplinary/Criminal Proceedings or Reinstatement:
Once disciplinary or criminal proceedings are concluded, and if the GDS is exonerated or found not guilty, their appointment will be processed based on their position in the examination results. However, they will not be entitled to arrears of pay or allowances for the new post during the period of delay.
If the GDS is penalized or found guilty, their appointment to the Departmental Post will not proceed.
2. Appointment to Departmental Posts Based on Seniority:
(a) Screening Committee Consideration:
When the Screening Committee meets to evaluate GDS for appointments through the Selection cum Seniority Quota, if any of the following situations arise:
- Put off duty.
- Disciplinary proceedings are pending.
- Criminal prosecution is pending.
In such cases, the recommendations of the Screening Committee will be kept in a "sealed cover." If a penalty is active, other than compulsory discharge, removal, or dismissal, the GDS’s appointment will be deferred until the penalty period concludes. Minor penalties like 'Censure' will not impact the appointment.
(b) Action on Conclusion of Disciplinary Case or Criminal Prosecution:
If the GDS is exonerated or the allegations are dropped, the sealed cover containing the Screening Committee’s recommendations will be opened, and their promotion will be processed on a notional basis (without arrears). If the GDS is penalized or found guilty, the findings in the sealed cover will not be acted upon, and their case will be reconsidered in the next Screening Committee meeting.
Conclusion:
These guidelines provide a structured approach to ensure that the integrity of the Department’s appointment process is maintained while respecting the rights and legal proceedings involving GDS. By clearly outlining the procedures for appointments amid pending disciplinary or criminal matters, the Department of Posts aims to maintain transparency and fairness in its operations.
