Gramin Dak Sevak Put Off Duty: Ex Gratia, Duration and Challenge

What GDS put off duty means, and how it differs from suspension

Gramin Dak Sevaks are engaged under their own rules, now the Gramin Dak Sevaks (Conduct and Engagement) Rules, 2020, circulated by the Department of Posts on 14 February 2020 and commonly called the GDS conduct rules 2020. They are not covered by the CCS (CCA) Rules that apply to departmental postal staff, so the word suspension is not used for them, even though many people still speak of GDS suspension. Rule 12 calls the equivalent step putting a Sevak off duty.

The effect is similar. You are kept away from the branch office, a substitute is arranged, and you are not paid your full Time Related Continuity Allowance. Instead you receive a monthly ex gratia amount. You remain a GDS throughout, and the engagement does not end unless a penalty of removal or dismissal is later imposed after a proper inquiry.

GDS were held to be holders of civil posts by the Supreme Court in Superintendent of Post Offices v. P.K. Rajamma (1977). That has two consequences you should know. First, the protections of Article 311 apply to removal and dismissal. Second, your service disputes go to the Central Administrative Tribunal, not to a labour court or directly to the High Court.

Departmental postal staff, such as Postal Assistants, Postmen and Multi Tasking Staff, are suspended under Rule 10 of the CCS (CCA) Rules and paid subsistence allowance under FR 53. If that is your position, see our page on suspension of central government employees instead.

Who can put a GDS off duty, and the 15-day rule

Rule 12(1) allows the engaging authority, any authority superior to it, or an authority empowered by the government, to put a Sevak off duty where disciplinary proceedings are contemplated or pending, or where a criminal case is under investigation, inquiry or trial. Your engaging authority is shown in the schedule to the rules and is usually the head of the postal division or a sub-divisional head for certain posts.

In cases of fraud or embezzlement, the rule also lets the Inspector of Posts or the Assistant Superintendent of Post Offices put a Sevak off duty, with immediate intimation to the engaging authority. This is meant for situations where the branch office cash or records need to be secured quickly.

Rule 12(2) adds a safeguard. Where the order is passed by an Inspector or Assistant Superintendent who is not the engaging authority, it ceases to have effect after 15 days unless the engaging authority or an authority superior to it confirms or cancels it within that time. Many GDS never see a confirmation order. Ask for a copy in writing. If none was passed within 15 days, the original order lapsed on the sixteenth day, and that point matters for your ex gratia and your claim to be taken back.

Also check the grounds stated. A put off order that gives no reason, or refers to a complaint without saying whether proceedings are contemplated, is open to question in appeal.

GDS put off duty allowance: how the ex gratia works

Under Rule 12(3), a Sevak put off duty is paid ex gratia compensation of 25 per cent of TRCA, with admissible dearness allowance on that amount, for each month of put off duty. It is paid monthly, not at the end of the case. If you have not been paid for two or three months, write to the divisional office and ask for it with the order number.

After the first 90 days, the competent authority can vary the amount. It may increase it by up to 50 per cent of the amount paid in the first 90 days if it records in writing that the delay in the case is not attributable to you. It may reduce it by up to 50 per cent if it records that the delay is directly attributable to you. Dearness allowance then follows the revised amount.

The increase is not automatic. In practice, most divisions do nothing unless asked. Write a short request at about the 85th day, pointing out that you have attended every date, that no chargesheet has been issued, or that the delay lies with the investigating agency, and asking for enhancement under Rule 12(3). In a 2021 order, the Ernakulam Bench of the tribunal directed enhancement where a GDS had been kept on 25 per cent for well over a year.

Two exceptions apply. A Sevak who has absconded or been absent without authorisation before being put off duty gets no compensation. And if a major penalty case ends in only a minor penalty, the Sevak is paid full TRCA and allowances for the whole put off period.

Ex gratia in figures: a worked illustration

How long can a GDS stay put off duty?

The 2020 Rules do not fix a maximum period. That is the hardest part for most Sevaks. In practice, divisions review the put off order and extend it in spells, often of 90 days, sometimes for years while a police case drags on.

Tribunals have not accepted indefinite put off duty without movement. In Ajay Kumar Choudhary v. Union of India (2015), the Supreme Court said suspension should not continue beyond three months if a chargesheet is not served within that time. GDS have relied on that ruling before the tribunal, and the Ernakulam Bench has, in at least one case, ordered reinstatement at an interim stage on that basis. The ruling was about suspension of regular employees, so its application to a particular GDS depends on the facts, but the principle that a person cannot be kept away from work indefinitely without charges carries weight.

Where a criminal case is pending, the department usually argues that it cannot proceed until the investigation is over. Even then, the order should be reviewed periodically with reasons, and the ex gratia should be revisited after 90 days. A review that only says continued in public interest, every three months, without looking at the progress of the case, is weak.

If you have been put off duty for over three months with no chargesheet, write to the engaging authority asking either for the chargesheet or for revocation of the order, and keep that letter for any later application.

Challenging a put off duty order: steps in order

1. Get the order and any confirmation in writing

   Ask the sub-divisional or divisional office for a copy of the put off order and, if an Inspector or Assistant Superintendent passed it, the confirmation order. Note the dates.

2. Ask for your ex gratia

   If the monthly ex gratia is not being paid, write with the order number and your TRCA details. Keep the acknowledgement.

3. Appeal the order within three months

   Under Rule 13, an order putting a Sevak off duty is appealable to the authority immediately superior to the one that passed it. Rule 14 gives three months from receipt of the order. Point out any lapse under the 15-day rule, missing grounds, or the absence of a chargesheet.

4. Seek enhancement after 90 days

   Write at about the 85th day asking for an increase under Rule 12(3), explaining why the delay is not attributable to you.

5. Press for a chargesheet or revocation

   If three months pass without charges, ask in writing for either a chargesheet or revocation. Mention Ajay Kumar Choudhary.

6. Go to the tribunal if needed

   If the appeal is rejected, or is not decided for six months, you can file an Original Application before the tribunal bench for your area within the limitation period.

The GDS inquiry that follows: Rule 10 and the penalties in Rule 9

Put off duty is meant to be followed by a GDS inquiry or disciplinary decision. The 2020 Rules added Rules 10-A to 10-G, setting out separate procedures: Rule 10-A for minor penalties and Rule 10-B for major penalties. A major penalty requires a full inquiry, with a statement of charges, imputations, documents and witnesses, an inquiry officer, and your right to cross-examine and lead defence evidence. Rule 10-D says the inquiry is needed for a major penalty even where the Sevak admits the charges.

If a memorandum of charges has arrived, our guide on the memorandum of charges explained sets out how to read it. Most of what it says about the structure of charges and imputations applies to GDS charge memos too, though the time limits and penalties come from the GDS Rules.

Watch the penalty proposed. Some penalties under Rule 9 are minor and some are major, and the procedure must match. A Sevak given a major penalty after only a minor penalty procedure has a strong ground of challenge.

Penalties a GDS can face under Rule 9

Put off duty during a police case over savings bank or IPPB money

A large share of GDS put off duty cases arise from alleged misuse of savings bank, recurring deposit, sukanya samriddhi or IPPB transactions at a branch office. The department lodges a complaint, the police register an FIR, and the Sevak is put off duty pending both the criminal case and the departmental action.

The two processes can run side by side. The department does not have to wait for the criminal trial to end, though it often chooses to. If the criminal case will take years and the departmental case can be decided on the branch records, ask the department in writing to proceed with the inquiry rather than leave you put off duty indefinitely.

If you are acquitted, the effect on the departmental case depends on the kind of acquittal and the charges. Our guide on honourable acquittal and benefit of doubt explains the difference. Where the department has already deposited the missing amount in customers' accounts, recovery from you will be part of the case, and you should ask for the full working of the loss figure.

Do not make written admissions to the Inspector during the first visit without understanding what you are signing. Statements recorded at the branch on the day of the check are often the main evidence later.

Mistakes Sevaks make in the first weeks

• Handing over the branch without a list. When you are put off duty, the cash, stamps, passbooks, ledgers and the device are taken over by a substitute or an official. Insist on a signed handover list with balances. Without it, later shortages can be laid at your door.
• Signing a statement drafted by someone else. Inspectors sometimes record a statement in English and ask a Sevak to sign. If you do not understand it, write in your own hand, in Hindi or your language, that you have not understood it and want a copy.
• Depositing money to make the problem go away. Paying an alleged shortage on the spot, without any written working, is often treated later as an admission. If you choose to deposit under protest, say so in writing on the challan or in a letter the same day.
• Taking up other paid work without checking. Ex gratia is meant to support you while you are kept away. Before taking any engagement elsewhere, check the conditions in your order and the current instructions, so that it is not used against you.
• Not changing your address on record. Many Sevaks move to relatives' homes after being put off duty. Notices then go to the old address and the inquiry proceeds without them. Inform the division in writing of any change.
• Waiting for the union to act. Associations help, but the time limits run against you personally. Your appeal and your requests for ex gratia should go in your own name, on time.

What happens to the put off period when the case ends

When the case ends, the put off period has to be regularised by an order. If you are exonerated, ask for the period to be treated as duty with full TRCA, minus the ex gratia already paid. If a major penalty case ends in a minor penalty, Rule 12 itself says full TRCA and allowances are payable for the period.

If you are dismissed or removed and the order is later set aside in appeal or review with a direction for further inquiry, Rule 12(4) treats you as having been put off duty from the original date of dismissal. Rule 12(5) does the same where a court sets aside the penalty on technical grounds and the department decides to hold a fresh inquiry on the same allegations. Any later payment is adjusted against ex gratia already paid.

Break in engagement, and its effect on things like TRCA increases and eligibility for departmental examinations, follows the department's orders. Read the final order carefully. If it is silent on the put off period, ask for a specific order within a few weeks of the decision.

The same papers matter later for TRCA fixation. Our guide on GDS TRCA slabs and workload disputes explains how TRCA levels are fixed, which affects the ex gratia base too.

Appeal, revision and review under the GDS Rules

Rule 13 makes both penalties and put off orders appealable to the authority immediately superior to the one that passed the order. Rule 14 allows three months from the date you receive the order, with power to accept a late appeal for sufficient cause. That is longer than the 45 days most central employees have, but do not use all of it.

Rule 19 allows revision by higher authorities such as the Postmaster General of the region or the Head of Circle. There is a general six-month limit from the date of the order for a case to be reopened, with exceptions for certain authorities. Rule 20 allows a review by the President on new material that could not be produced earlier, within a fixed period.

An appeal should be your own document, in clear language. State the dates, the grounds and the relief. If the appellate authority does not decide within six months, you may approach the tribunal under Section 20 of the Administrative Tribunals Act. Our guide on when the one-year limitation starts explains how to count the time.

Which tribunal bench hears GDS cases

A GDS files before the tribunal bench covering the place of engagement. A Sevak in Bihar goes to the Patna Bench, and Jharkhand cases are also handled by the Patna Bench with circuit sittings at Ranchi (check the current sitting schedule). A Sevak in rural Odisha goes to the Cuttack Bench; one in Telangana or Andhra Pradesh to the Hyderabad Bench; one in Uttarakhand to the Principal Bench in New Delhi.

The application is filed under Section 19 of the Administrative Tribunals Act, ordinarily after the appeal or six months of silence, and within one year from the final order or the end of those six months. The tribunal can also be approached for an interim order where the put off duty is plainly without authority, though it is slow to interfere in the middle of an inquiry.

For the wider picture of postal and GDS cases, see our page on Department of Posts staff and Gramin Dak Sevaks.

Papers a GDS should keep

Usual time and cost in a put off duty dispute

Two practical tips, and where to get advice

Advocate B.K. Singh's first check on any GDS put off case is the signature on the order and the date of the confirmation, if any. Where an Inspector or Assistant Superintendent passed the order and no confirmation came within 15 days, the whole picture changes, and he asks for that confirmation in writing before anything else is drafted.

His second tip concerns money. Advocate B.K. Singh tells Sevaks not to wait for the division to raise the ex gratia after 90 days, because it rarely does on its own. A one-page request citing Rule 12(3), with the dates of every hearing you attended and every letter asking for a chargesheet, gives the authority a reason to record that the delay is not yours.

Departmental staff of the post office who are suspended under the CCS rules can see our guide on raising subsistence allowance after 90 days, which works differently. GDS should start with the postal and GDS cases page.

To have your put off order and ex gratia papers checked, or for updates on changes to the GDS Rules, contact Advocate B.K. Singh.