Guidelines to deal with the appointment of GDS to the Departmental Posts in the event of pendency of Disciplinary/Criminal Proceedings, Put off- duty and currency of punishment on GDS

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Guidelines for Appointing GDS to Departmental Posts: What to Know During Disciplinary or Criminal Proceedings

When it comes to the appointment of Gramin Dak Sevaks (GDS) to Departmental Posts, certain complexities arise, particularly in the context of ongoing disciplinary or criminal proceedings. The Indian Postal Department has provided clear and comprehensive guidelines to streamline the process. Here’s a breakdown of the crucial points you need to know if you’re a GDS aspiring for departmental appointment but are facing disciplinary action or are under criminal prosecution.

1. Application Process During Disciplinary or Criminal Proceedings

If a GDS is involved in disciplinary or criminal proceedings or has been put off duty, can they still apply for a Limited Competitive Examination? The answer is yes, but only under specific conditions.

  • Provisional Appearance: A GDS can appear for the exam provisionally if they are either put off duty, facing disciplinary action (a charge sheet has been issued), or under criminal prosecution. Moreover, if they are under punishment (except for specific serious penalties like compulsory discharge or dismissal under Rule 9(ii) of GDS Conduct and Engagement Rules, 2020), they can still apply.

2. What Happens After the Exam?

The examination result for GDS may be withheld under certain conditions:

  • Pending Actions: The result will not be declared if the GDS is still put off duty or if any disciplinary/criminal proceedings are ongoing.
  • Currency of Penalty: If the GDS is serving a penalty (other than serious penalties like dismissal or discharge), they will be appointed once the penalty period ends or, in cases of financial penalties, after the full recovery of the amount. Minor penalties like “Censure” do not affect the appointment.

In cases where the disciplinary situation arises after the exam result but before appointment, the GDS won’t be relieved to join, and further action depends on the outcome of the disciplinary proceedings.

3. Appointment Following Conclusion of Proceedings

  • Exoneration or Dropped Charges: If the GDS is exonerated or the charges are dropped, their result will be declared, and they will be appointed based on their position in the exam results. The date of appointment will be backdated to match the date of appointment of their junior or immediate senior, but they will not receive arrears of pay for this period.
  • If Found Guilty: If the GDS is found guilty and faces penalties as per Rule 9 of the GDS (Conduct and Engagement) Rules, 2020, they will not be appointed. Similarly, if the criminal proceedings result in a conviction, they will be ineligible for the post.

4. Appointment Through Seniority-Based Selection

For GDS appointments through seniority, the process involves additional layers of checks, especially in the case of ongoing disciplinary actions.

  • Sealed Cover Procedure: If disciplinary/criminal proceedings are ongoing or the GDS is put off duty, the Screening Committee’s recommendations for their promotion will be kept in a “sealed cover.” This means their case is held in abeyance until the proceedings conclude.
  • Effect of Penalties: If the GDS is serving a penalty, they will only be appointed once the penalty period is over, just as in the case of competitive exams. Again, a minor punishment like “Censure” does not block the appointment.

5. Post-Conclusion of Disciplinary/Criminal Cases

  • Exoneration: If the GDS is exonerated, the sealed cover will be opened, and their promotion or appointment will take effect retrospectively from the date their junior was promoted. However, as in other cases, they will not be entitled to arrears of pay for this period.
  • Conviction or Penalty: If the GDS is found guilty or faces penalties, the recommendations in the sealed cover will not be acted upon. Their case will be reconsidered at the next Screening Committee meeting, depending on the penalty imposed.

6. Important Takeaways for Aspiring GDS Candidates

The Postal Department has ensured that the GDS appointment process remains fair and transparent, even in challenging situations such as disciplinary action or criminal prosecution. Here are the key points to remember:

  • You can still apply for departmental posts even if you’re facing disciplinary or criminal proceedings, but your result may be withheld until your case concludes.
  • If you’re exonerated, you’ll be appointed with a backdated appointment, but without pay arrears.
  • If found guilty, your promotion or appointment will be halted.

This comprehensive approach ensures that the rights of GDS are upheld while maintaining the integrity of the appointment process.

Below is the detailed OM. Please download it if necessary.

Guidelines to deal with the appointment of GDS to the Departmental Posts in the event of pendency of Disciplinary/Criminal Proceedings, Put off- duty and currency of punishment on GDS.

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