The Department of Posts, GDS (Conduct and Engagement) Rules 2011 – reg
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansad Marg.
Dated: 18 Apr 2011
All Chief Postmasters General
Subject: THE DEPARTMENT OF POSTS, GRAMIN DAK SEVAKS (CONDUCT AND ENGAGEMENT) RULES, 2011- REGARDING
The Existing Department of Posts, Gramin Dak Sevaks (Conduct and Employement) Rules, 2001 as amended from time to time have been suitably amended/revisd. In supersession of the existing Department of Posts, Gramin Dak Sevaks (Conduct and Employement) Rules,2001. the revised rules called the Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 are hereby circulated.
2. In brief, revisions/amendments/insertions made in the existing rules are as follows:-
(i) The rules called “Gramin Dak Sevaks (Conduct and Engagement) Rules,2001” Containing 31 rules are issued replacing the existing set of rules called the “Department of Posts, Gramin Dak Sevaks (Conduct and Employement) Rules, 2001 containing 31 rules, Rule 3-A, 5-A & 29-A have been inserted as new rules in the “Gramin Dak Sevaks (Conduct and Engagement) Rules,2011”
(ii) Non-existent categories of Gramin Dak Sevaks such as Gramin Dak Sevak Sub Postmaster, Gramin Dak Sevak Mailman & Gramin Dak Sevak mail Messenger have been deleted under Rule 3(c) with a suitable note below.
(iii) The word ‘Employement/Appointment’ wherever appears in the existing rules has been replaced with word ‘Engagement’.
(iv) Note II earlier appearing below rule 3 has been replaced by new Rule 3-A with title “Terms and Conditions of Engagement” with appropriate changes in sub para (vii) relating to applicability of the condition of residence to the gramin Dak Sevaks.
(v) New Rule 5-A has been incorporated in coneection with entitlements of time Related Continuity Allowance for the Gramin Dak Sevaks on the bsis of workload as per standards of assessment decided by the Department.
(vi) Rule 6 has been amended with regard to entitlement of GDS to ex-gratia gratuity.
(vii) Rule 7 has been amended by incorporating the admissibility of 20days paid leave in a year wihout accumulation.
(viii) A note below Rule 9 has been incorporated to clarify that recovery under Rule 9(iv) can be enforced fully without any restriction.
(ix) Existing Rule 19(1)(i) has been modified to make it clear that revision petition would now lie to Regional PMG if the GDS is working ina Region and in other cases to the Head of the Circle.
(x)Existing Rule 20 has been modified by inclusion of time limit of preferring review petition as two years as also the authority competent to decide the review petition of GDS on behalf of the President.
(xi) A new Rule 29-A has been incorporated providing for prohibition regarding engaging in any business detrimental to the business of the post office.
(xii) Recruiting Authoritty laid down in the Schedule referred to in rule 4 relating to GDS BPM has now been modified, which include JAG officers also.
(xiii) The Conduct and Engagement Rules, 2011 shall be applicable to all existing categories of GDS including those GDS categories which have been declared as wasting cadres as long as they remain in service.
3. You are requested to ensure that the enclosed revised set of Rules called the Department of Posts, Gramin Dak Sevaks (conduct and Engagement) Rules,2011 is further circulated to all the Postmasters General (Regions)/Postal Training Centers/Other Recruiting Authorities in your Circle at the Earliest and send confirmation to this office within a week’s time.
4. the receipt of this letter may kindly be acknowledged to the undersigned.
Hindi version will follow.
Assistant Director General (GDS/PCC)
DEPARTMENT OF POSTS, GRAMIN DAK SEVAKS (CONDUCT AND ENGAGEMENT
In Supersession of the Department of Posts, Gramin Dak Sevaks (Conduct and Employement) Rules, 2001 except as respects things done or omitted to be done before such supersession; the following rules are issued under the authority of the Government of India:
1. Short title and Commencemnt
(l) These rules may be called the Department of Posts, Gramin Dak Sevaks (Conduct & Engagement) Rules, 2011.
(2) They shall come into force on and from the date of their circulation.
These rules shall apply to Gramin Dak Sevaks of Department oi Posts, Ministry of Communications & IT, Government of India.
3. Definitions:-In these rules, unless the context otherwise requires:
(a) “Recruiting Authority” means an authority empowered to engage CDS on the basis of GDS (Conduct and Engagement) Rules. 2011.
(b) “Assistant Superintendent/Inspector” in relation to a Postal/Railway Mail Service Sub Division. the Assistant Superintendent or Sub-Divisional Inspector of Post Offices or Railway Mail Service in charge of sub Division, as the care may be;
(c) “Government” means the Central Government;
(d) “Gramin Dak Sevak” means
(i) a Gramin Dak Sevak Branch Postmaster;
(ii) a Gramin Dak Sevak Mail Deliverer:
(iii) a Gramin Dak Sevak Mail Carrier;
(iv) a Gramin Dak Sevak Mail Packer:
(v) a Gramin Dak Sevak Stamp Vendor.
1.The category of Gramin Dak Sevak Sub Postmaster is no more in existence on implementation of orders issued under No.5-7/2009. PE II dated 14.O1.2010.
2. The category of Gramin Dak Sevak Mailman is declare cl a Wasting group vide letter No. 6-23/2010-PE ll dated 21.07.2010.
3. The category of Gramin Dak Sevak Mail Messenger was ordered to be phased out vide order dated 10.10.2005.
(e) Head of a Circle means the Head of a Postal Circle and includes Chief Postmaster-General:
(f) Head of a Division in relation to a Postal or Railway Mail Service.the Senior Superintendent or Superintendent of a Postal or Railway Mail Service Division’ as the case may be;
(g) “Head of a Region” in a Postal Circle means Postmaster-General (Region);
(h) “Members of the family” in relation to a Gramin Dak Sevak includes —
(i) the wife child or step child of such Sevak,whether residing with him or not, and in relation to a Sevak who is a woman,the husband residing with her and dependent on her: and
(ii) any other person related’ whether by blood or by marriage to such Sevak or to such Sevaks’ wife or husband and wholly dependent on such sevak. but does not, include a wife or husband legally separated from such Sevak or a child or step child who is no longer in any way dependent upon such Sevak or of whose custody the Sevak has been deprived by any law.
(i) “Record officer”in relation to Railway Mail Service the Sub Record Officer or the Head Record Officer in charge of a Sub Record Office or Head Record Office;
(j) “Sevak” means a person working as a Gramin Dak Sevak:
(k) “Postmaster” in relation to a Post Office, a Deputy Presidency Postmaster’Gazetted Postmaster including a Gazetted Sub Postmaster in charge of a Town Sub Office. Postmaster in Higher or Lower Selection Grade (in his own office) except a Postmaster in charge of a Town Sub Post Office.
NOTE l’- The persons holding the posts of Extra-Departmental Agents under the Posts and Telegraphs Extra-Departmental Agents (Conduct & Service) Rules’ 1964 or Granin Dak Sevaks (Conduct and Emptoyment) Rules, 2O01 on regular basis on the date of commencement of these rules shall be deemed to have been engaged to and hold the posts of Gramin Dak Sevaks in accordance with the provisions of these rules:
3-A Terms and Conditions of Engagement
(i) A Sevak shall not be required to perform duty beyond a maximum Period of 5 hours in a day:
(ii) A Sevak shall not be retained beyond 65 years of age;
(iii) A Sevak shall have to give an undertaking that he has other Sources of income besides the allowances paid or to be paid by the Government for adequate means of livelihood for himself and his family:
(iv)A Sevak can be transferred from one post/unit to another post/unit in public interest;
(v) Sevak shall be outside the Civil Service of the Union:
(vi) A Sevak shall not claim to be at par with the Central Government employees;
(vii) Residence in post village/delivery jurisdiction of the Post Office within one month after selection but before engagement shall be mandatory for a Sevak; Failure to reside in place of duty for GDS BPM & within delivery jurisdiction of the Post office for other categories of Gramin Dak Sevaks after engagement shall be treated at violation of Condition of engagement and liable for disciplinary action under Rule 10 of the Conduct Rules, requiring removal/dismissal;
(viii) Post Office shall be located in the accommodation to be provided by Gramin Dak Sevak Branch Postmaster suitable for use as Post Office premises:
(ix) Combination of duties of a Sevak shall be permissible
4. Recruiting Authority
(1) The Recruiting Authority in respect of each category of Sevak shall be as shown in the Schedule annexed to these rules.
(2) If any doubt arises as to who is the appropriate Authority in any case,the matter shall be referred to the Government. whose decision thereon shall be final.
(3) Not with Standing anything contained in these rules, any authority superior to the Recruiting Authority as shown in the Schedule, may at any time, either on its own motion or otherwise call for the records relating to the engagement of Gramin Dak Sevaks made by the Recruiting Authority, and if such Recruiting Authority appears.
(a) to have exercised a jurisdiction not vested in it by any law or rules time being in force: or
(b) to have failed to exercise a jurisdiction so vested; or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, such superior authority may, after giving an opportunity of being heard, make such order as it thinks fit.
5. Powers of the Recruiting Authority
The powers of the Recruiting Authority in the matter of awarding any of the penalties specified in Rule 9 may be exercised by an authority which has been shown in the Schedule annexed to these rules or by any other authority empowered in this behalf by a special order of the Head of the circle or the Head of the ReSion under circumstances to be recorded in writing:
Provided that in no case, the authority so appointed shall be lower in rank than the authority who originally recruited the Gramin Dak Sevak.
5-A. The Gramin Dak Sevaks shall be entitled to payment of Time Related Continuity Allowance and other allowances as may be prescribed by the Government on the basis of workload as per the standards of assessment decided by the Department from time to time.
The Sevaks shall not be entitled to any pension. However, they shall be entitled to ex-gratia gratuity or any other payment as may be decided by the government from time to time
The Sevaks may be granted paid leave at the rate of 2O days in a year without accnmulation or as may be determined by the Government, from time time:
Provided that –
(a) where a Sevak fails to resume duty on the expiry of the maximum period of leave admissible and granted to him, or
(b) where such a Sevak who is gianted leave for a period less than the maximum period admissible to him under these rules, remains absent from duty for any period which together with the leave granted exceeds the limit up to which he could have been granted such leave, he shall, unless the Government.in view of the exceptional circumstances of the case decides,be removed from service after following the procedure laid down in Rule 10.
8. Termination of Engagement
(1) The engagement of a Sevak who has not already rendered more than three years continuous service from the date of his engagement shall be liable to be terminated at any time by a notice in writing given either by the Sevak to the Recruiting Authority or by the Recruiting Authority to the Sevak:
(2) The period of such notice shall be one month:
Provided that the service of any such Sevak may be terminated forthwith and on such termination. the Sevak shall be entitled to claim a sum equivalent to the amount of Basic Time Related Continuity Allowance plus Dearness Allowance as admissible for the period of the notice at the same rates at which he was drawing them immediately before the termination of his service or, as the case may be, for the period by which such notice falls short of one month.
NOTE:- Where the intended effect of such termination has to be inrmediate, it should be mentioned that one month’s Time Related Continuity Allowance plus Dearness Allowance as admissible is being remitted to the Sevak in lieu of notice of one month through money order.
9. Nature of penalties
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Sevak by the Recruiting Authority, namely:-
(ii) Debarring of a Sevak from appearing in the recruitment examination for the post of Multi-Tasking Staff Group C and/or Postman and/or from being considered for recruitment as Postal Assistants/Sorting Assistants for a period not exceeding three years;
(iii) Debarring of a Sevak from being considered for recruitment to Multi Tasking Staff Group ‘C’ on the basis of selection cum seniority for a period not exceeding three years;
(iv) Recovery from Time Related Continuity Allowance of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders;
(v) Removal from engagement which shall not be a disqualification for future employment:
(vi) Dismissal from engagement which shall ordinarily be a disqualification for future employment.
Note: Penalty of Recovery under Rule 9(iv) can be enforced fully without any restriction.
10. Procedure for imposing a penalty:-
(1) No order imposing a penalty shall be passed except after –
(a) the Sevak is informed in writing of the proposal to take action against him and of the allegation on which it is proposed to be taken and given an opportunity to make any representation he may wish to make: and
(b) such representation, if any, is taken into consideration by the Recruiting Authority:
Provided that the penalty of dismissal or removal from engagement shall not be imposed except after an enquiry in which he has been informed of the charges against him and has been given a reasonable opportunity of being heard in respect of those charges:
Provided further that where it is proposed after such enquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such enquiry.
(1) The record of proceedings shall include
(i) a copy of the intimation to the Sevak of the proposal to take action against him:
(ii) a copy of the statement of allegations, along with a list of evidence in suppor there of, communicated to him;
(iii) his representation, if any;
(iv) the records of the enquiry proceedings along with the enquiry report of the Recruiting Authority or Enquiry Officer, if any, appointed in a case where a formal enquiry is necessary:
(v) the representation, if any, of the Sevak on the enquiry Officer’s report;
(vi) findings of the Recruiting Authority in respect of the allegations, with reasons therefor; and
(vii) the order imposing the penalty.
10-A. Procedure for imposing penalty after discharge
(1) The departmental proceedings under rule 1O, if instituted while a Sevak was in service shall after the discharge of the Sevak on attaining the age of sixty five years be deemed to be proceedings under that rule and shall be continued and concluded by the authority by which the Proceedings were commenced in the same manner as if the Sevak had continued in service and in such case the function of the disciplinary authority shall be only to reach a finding on the charges and io submit a report recording its findings to the President and the final decision on such report shall be taken in the same manner as in the case of review petitions of the Sevaks addressed to the President and no departmental appeal shall lie against such decision.
(2) The President reserves to himself the right of withholding group insurance amount, security amount, post-engagement benefits like ex-gratia gratuity and severance amount of a Sevak’ by ordering recovery from these amounts in case a Sevak is found guilty of grave misconduct or nengligence during the period of his engagement.
(3) For the purpose of this rule, departmental proceeding shall be deemed to be instituted on the date on which statement of charge is issued to the Sevak or if Sevak had been put off duty, on the date on which he had been so put off.
11. Provisions of Rule lO shall not apply
(i) Where any penalty is imposed on a Sevak on the ground of conduct which has led to his conviction on a criminal charge; or
(ii) Where the Authority empowered to dismiss or remove a Sevak is satisfied that for some reason, to be recorded by that authority in writing. it is not reasonably practicable to hold touch enquiry: or
(iii) Where the President is satisfied that in the interest of the security of the State it is not expedient to follow the procedure prescribed in that rule: and
the Recruiting Authority may consider the circurnstances of the case and make such orders thereon as it deems fit.
12. Put off duty
(1) The Recruiting Authority or any authority to which the Recruiting 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, enquirey 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 of Post Offices of the Sub-Division, as the case may be, under immediate intimation to the Recruiting Authority.
(2) An order made by the Inspector of Post offices or the Assistant Superintendent of Post offices as the case may be, of the Sub-Division under Sub-rule (l) shall cease to be effective on the expiry of fifteen days from the date cf ruch order unlesr eorlter confirmed or cancelled by the Recruiting Authority or the authority to which the Recriting Authority is subordinate.
(3) A Sevak shall be entitled per month for the period of put off duty to an amount of compensation as ex-gratia payment equal to 25% of his/her Time Related Continuity Allowance together with admissible Dearness Allowance:
Provided that where the period of put off duty exceeds 90 days, the Recruiting Authority or the authority to which the Recruiting Authority or any other authority empowered in this behalf, as the case may be,who made the order of put off duty shall be competent to vary the amount of compensation for any period subsequent to the period of first 90 days as follows:
(i) The amount of compensation as ex-gratis 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.
(ii) The amount of compensation as ex-gratis payment may be reduced by a suitable amount not exceeding 50% of such compensation admissible curing the first 90 days, if in the opinion of the said authority, the period of put off duty has been prolonged due to reasons to be recorded in writing directly attributable to the Sevak.
NOTE 1. The rate of Dearness Allowance 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 of a certificate that the Sevak is not engaged in any other employment, business. profession or vocation:
Provided that a Sevak who has been absconding or “mains absent unauthorized and is subsequently put off duty shall not be entitled to any compensation as ex-gratia payment:
Provided further that in the event of a Sevak being exonerated, he shall be paid full admissible allowance for the period of put off duty.In other cases, such allowances for the put off duty can only be denied to a Sevak after affording him an opportunity and by giving cogent reasons.
(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 of Putting him off the duty shall be deemed to have continued n force on and from the date of the 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 of or 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 wai originallv imposed, the sevak shall be deemed to have been put off his duty by the Recruiting 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 nova proceedings in this regard are finalised and compensation as ex-gratia payment for the concerned-period small 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.
(1) A Sevak may appeal against an order putting him off duty to the authority to which the authority passing the order regarding putting him off duty is immediately subordinate.
(2) A Sevak may appeal against an order imposing on him any of the Penalties specified in Rule 9 to the authority to which the authority imposing the penalty is immediately subordinate.
14. Period of limitation for appeal
No appeal shall from be entertained unless it is submitted within a period of three date on which the appellant receives a copy of the order appealed against:
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.
15. Form and contents of appeal
(1) Every Sevak submitting an appeal shall do so separately and in his own name:
(2) The appeal shall be addressed to the authority to whom the appeal lies under Rule 13, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.
16. Submission and withholding of appeal
(1) Every appeal shall be submitted to the authority which made the order appealed against. That authority may withhold the appeal if.
(i) It does not comply with any of the provisions of Rule 15: or
(ii) It is not submitted within the period specified in Rule 14 and no cause is shown fot the delay:or
(iii) It is repetition of any appeal already decided and no new facts or circumstances are adduced:
Provided that an appeal withheld on the only ground that it does not comply with the provisions of Rule 15 shall be returned to the appellant and, if resubmitted within one monrh thereof after compliance with the said provisions, shall not be withheld.
(2)Where an appeal is with held,the appellant shall be informed of the fact and the reason therefor.
(3) At the commencement of each quarter, a list of the appeals withheld by any authority during the previous quarter together with the reasons for withholding them shall be furnished by that authority to the Appellate Authority.
17. Transmission of appeal
(1) The authority which made the order appealed against shall, without any avoidable delay. transmit to the Appellate Authority every appeal which is not withheld under Rule 16 together with its comments thereon and the relevant records.
(2) The authority to which the appeal lies may direct transmission to it of any appeal withheld under Rule 16 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.
18. Consideration of appeal
The Appellate Authority shall consider-
(a) whether the procedure specified in these rules has been complied with:
(b) whether the findings are justified: and
(c) whether the penalty imposed is excessive, adequate or inadequate; and passing orders,
(i) setting aside, reducing. confirming or enhancing the penalty:
(ii) remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:
Provided that no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty.
(1) Not with standing anything contained in these rules:-
(i) Regional PMG, for those Gramin Dak Sevaks who work in region headed by PMG: and in the rest of the cases by the Head of the Circle (Chief Postmaster General),
(ii) Any other authority immediately superior to the authority passing the orders: or
(iii) Any other authority specified in this behalf by the Government by general or special order, and within such time as may be specified in that General or special order: may, at any time, either on its own motion or otherwise call for records of any enquiry or disciplinary case and revise an order made under these rules. reopen the case end after making such enquiry as it considers necessary,may
(a) Confirm modify or set aside the order,
(b) pass such Orders as it deems fit.
Provided that no such case shall be reopened under this rule after the expiry of six months from the date of the order to be revised except by the Government or by the Head of Circle or by the Postmaster – General (Region) and also before the expiry of the time limit of three months specified for preferring an appeal under Rule 14:
Provided further that no order imposing or enhancing any penalty shall be made by any Re visionary Authority unless the Sevak concerned has been given a reasonably opportunity of making a representation against the penalty proposed an where it is proposed to impose any of the penalties specified in Clauses (V) and (VI) of Rule 9 or to enhance the penalty imposed by the order sough to be revised to any of the penalties specified in those clauses, no such penalty shall be imposed except after the enquiry in the manner laid down in Rule 10, in case no such enquiry has already been held.
(2) No application to revise an order made on an application for a revision or order passed or made on a revision shall be entertained.
The President may. at any time, either on his ovrn motion or otherwise, review an order passed under these rules when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought to hir notice:
Provided that no order imposing or enhancing any penalty shall be made by the President unless the Sevak concernid has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 9 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalises and if any enquiry under Rule 10 has not been held in the case, no such penalty shall be imposed except after enquiry in the manner laid down in Rule, 10 subject to the provisions of Rule 11;
Provided further that such review petition may be preferred within two years subject to the condition that the review petition is based on new evidence which was not, available previously and has the effect of changing the nature of the case:
Provided further that the powers of the President under this rule shall be exercised by a plenary board comprising of Member (P) and Member (O) or comprising of such authorities as may be delegated from time to time.
Every Sevak shall at all times maintain absolute integrity and devotion to duty.
22. Taking part in politics and elections
(1) No Sevak shall be a member of, or be otherwise associated with,any political party or any organization which takes part in politics not shall he take part in, subscribe in aid of,or assist in any other manner,any political movement or activity.
(2) It shall be the duty of every Sevak to endeavor to prevent any member of the family from taking part in, subscribing in aid of, or assisting in any other manner, any political movement or activity which is, or tends directly or indirectly to be, subversive of the Government as by law established, and where a Sevak is unable to prevent a member of his family trim taking part in, or subscribing in aid of, or assisting in any other manner. any Such movement or activity, he shall make a report to that effect to the Government.
(3) If any question arises Whether a party is a political party or whether any organisation takes part in politics or whether any movement or activity falls within the scope of sub-rule (2). the decision of the Government thereon shall be final.
(4) No Sevak shall canvass or otherwise interfere with or use his influence in connection with, or take part in an election to any legislative or local authority;
(i) A Sevak qualified to vote at such election may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted:
(ii) A Sevak shall not be deemed to have contravened the provisions of this rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.
EXPLANATION:- The display by a Sevak on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election within the meaning of this sub-rule.
No Sevak shall resort to or abet any form of strike, coercion or physical duress in connection with any matter pertaining to his conditions of engagement or the engagement of any other Sevak.
24. Criticism of Government
No Sevak shall, in any radio broadcast or in any document published in his own name or anonymously, or pseudonymous or in the name of any other person, or in any communication to the Press or in any public utterance, make any statement of fact or opinion:-
(i) which has the effect of any adverse criticism of any current or recent policy or action of the Central Government or a State Government: or
(ii) which 15 capable of embarrassing the relations between the Central Government and the Government of any State: or
(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State:
Provided that nothing in this rule shall apply to any statement made or views expressed by a Sevak in his official capacity or in the due performance of the duties assigned to him.
25. Evidence before committee or any other authority
(1) Save as provided in sub-rule (3), no Sevak shall, except with the previous sanction of the Government, give evidence in connection with any inquiry conducted by any person, committee or authority.
(2) Where any sanction has been accorded under sub-rule (1), no Sevak giving such evidence shall criticize the policy or any action of the Central Government or of a State Government.
(3) Nothing in this rule shall apply to:-
(a) evidence given at an inquiry before an authority appointed by the Government, Parliament or a State Legislative :or
(b) evidence given in any judicial inquiry: or
(c) evidence given at any departmental enquirey ordered by authorities subordinate to the Government.
26. Unauthorized communication of information
No Sevak shall, except in accordance with any general or special order of the government or in the performance in good faith of the duties assigned to him, communicate. directly or indirectly. any official document or information to any sevak or any other person to whom he is not authorised to communicate such documents or information.
EXPLANATION – Quotation by a Sevak (in his representation to the Recruiting Authority.Head of Office or Head of Department, or President) of or from any letter, circular. or office memorandum or from the notes in any file. to which he is not authorized to have access, or which he is not authorized to keep in his personal custody or for personal purposes, shall amount to unauthorized communication of Information within the meaning of this rule.
27. Insolvency and habitual indebtedness
A Sevak shall So manage his private affairs as to avoid habitual indebtedness or insolvency. A sevak against whom any legal proceeding is instituted for the recovery of any debt due from him or for adjudging him as an insolvent shall forthwith report the full facts of the legal proceedings to the Government.
28. Vindication of acts and character of s Sevak
(l) No sevak shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject matter of adverse criticism or an attack of defamatory character.
(2) Nothing in this rule shall be deemed to prohibit any Sevak from vindicating his private character or any act done by him in his private capacity and where any action for indicating his private character or any act done by him in private capacity is taken, the Sevak shall submit a report to the Recruiting Authority regarding such action.
29. Canvassing of non-official one other outside influence
No Sevak shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his engagement under the Government.
29-A Prohibition regarding engaging in any business detrimental tot he business of the Post Office
If any question arises relating to the interpretation of these rules, it shall be referred to the government whose decision thereon shall be final.
31. Delegation of Powers
The Government may, by general or special order, direct that any Power exerciser by it under these rules (except the power under Rule 30 and this rule) shall, subject to such conditions. if any, as may be specified in the order. be exerciser also, by such officer or authority as may be specified in the order.
SCHEDULE OF RECRUITING AUTHORITIES
See Rule 4)
Name of the Post
Gramin Dak Sevak Branch Postmaster
Deputy Superintendent of Post Officer in the division in charge of JAG officers if available otherwise head of the Division including JAG officer
Gramin Dak Sevak Mail Deliverer
Gramin Dak Sevak Mail Carrier
Gramin Dak Sevk Mail Packer
Gramin Dak Sevak stamp vendor
Deputy presidency postmasters: Gazetted postmaster including Gazetted sub postmaster in charge of Town Post Office. Postmaster in Higher or lower selection Grade in Own Office) except a postmaster in charge of a Town sub-office. Inspector of post offices/Assistant superintendent of post offices (in all other office)