Gramin Dak Sevak: Standard format for issue of charge sheet for imposing Minor and Major Penalties
No.17-40/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated: 21.11.2019
To
All Chief Postmasters General/ Postmasters General
The General Manager CEPT Mysun.l/Hyderabad
The General Manager Finance/DA(P)s
The Director PTCs Saharanpur/Darbhanga/Guwahati/Vadodara/ Mysuru/Madurai.
Subject : Standard format for issue of charge sheet under Rule -10 to GDS for imposing Minor and Major Penalties specified in Rule 9 of Garmin Dak Sevak (Conduct and Engagement) Rules-2011 amended from time to time.
The undersigned is directed to refer to Rule 10 of GDS regarding procedure for imposing of penalties specified in Rule 9 of GDS (Conduct and Engagement) Rule.
2. The Competent Authority has approved the following separate Standard Format for issue of charge sheet under Rule -10 to GDS for imposing of Minor and Major Penalties specified in Rule 9 of Garmin Dak Sevak (Conduct and Engagement) Rule:-
(i) Standard form of charge sheet for Minor Penalties to GDS
(Under Rule 10 A of GDS Conduct & Engagement Rule)
No. ………………………….
Government of India
Ministry /Office of…..
Dated………………………
Place of issue………………………..
MEMORANDUM
Shri/Smt/Ms……………….. (Category)………………….(BO/Departmental/RMS Office in which working) ……………………………………….is hereby informed that it is proposed to take action against him/her under Rule 10A of Gramin Dak Sevak (Conduct and Engagement) Rule, 2011 amended from time to time. A statement of the imputation of misconduct or misbehavior on which action is proposed to be taken as mentioned above is enclosed.
2. Shri/Smt/Ms …………………… is hereby given an opportunity to make such representation as he/she may wish to make against the proposal.
3. If Shri/Smt/Ms ……………….. fails to submit his/her representation within 10 days of the receipt of this Memorandum , it will be presumed that he/she has no representation to make and orders will be liable to be passed against Shri………………………ex-parte.
4. The receipt of this Memorandum should be acknowledged by Shri/Smt/Ms ………………………
(By order ……………………..)
Signature———————-
Name and designation of the Competent authority
To
Shri/Smt/Ms ………………..
(ii) Standard form for initiation of Minor Penalty proceedings
(in case where disciplinary authority decides to hold the inquiry) (Under Rule lOA of GDS Conduct & Engagement Rule )
No. ………………………….
Government of India
Ministry /Office of…..
Dated………………………
MEMORANDUM
In continuation of Memorandum No……………. dated………. Issued under Rule lOA of the Gramin Dak Sevak (Conduct and Engagement) Rules, 2011 amended from time to time, the undersigned is of the opinion that, it is necessary to hold an inquiry against Shri/Smt/Ms ………….. under clause 10E of the GDS (Conduct and Engagement ) Rules, 2011. The substance of the imputation of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statements of article of charge (Annexure-I). A statement of the imputation of misconduct or misbehavior in support of each article of charge is enclosed (Annexure-II). A list of documents by which and a list of witnesses by whom the articles of charges are proposed to be sustained are also enclosed (Annexures-III and IV).
2. Shri/Smt/Ms ……………….is directed to submit within ten days of the receipt of this Memorandum a written statement of his/her defence and also to state whether he/she desires to be heard in person .
3. He/She is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He/She should, therefore, specifically admit or deny each article of charge.
4. Shri/Smt/Ms ……………….. is further informed that if he/she does not submit his/her written statement of defence on or before the date specified in Para 2 above, or does not appear in person before Inquiring Authorities or otherwise fails or refuses to comply with the provisions of Rule lOA & lOB of the GDS (Conduct and Engagement) Rules, 2011 or the orders/directions issued in pursuance of the said Rule, the Inquiring Authority may hold the inquiry against him/her ex-parte.
5. Attention of Shri/Smt/Ms ……………… is invited to Rule 29 of the GDS (Conduct and Engagement) Rules, 2011, under which no Sevak shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her interests in respect of matters pertaining to his/her engagement under the Government. If any representation is received on his/her behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Shri/Smt/Ms …………….. is aware of such a representation and that it has been made at his/her instance and action will be taken against him/her for violation of Rule 29 of the GDS (Conduct and Engagement) Rules, 2011.
6. The receipt of this Memorandum may be acknowledged.
(By order…………………………………………)
Signature …………………………………………
Name and designation of the Competent authority
To
Shri/Smt/Ms …………
ANNEXURE-1
Statement of articles of Charge framed against Shri/Smt/Ms (Name and category of the Gramin Dak Sevak).
Article-I
That said Shri/Smt/Ms ………… while functioning as during the period ………….
Article-II
That during the aforesaid period and while functioning in the aforesaid Office, the said Shri/Smt/Ms …………………………
Article-III
That during the aforesaid period and while functioning in the aforesaid Office, the said Shri/Smt/Ms …………………………
ANNEXURE- II
Statement of imputation of misconduct or misbehavior in support of the articles of charge framed against Shri/Smt/Ms …………(Name and category of the Gramin Dak Sevak).
Article-I
Article-II
Article-III
ANNEXURE-III
List of documents by which the article of charge framed against Shri/Smt/Ms ……………… (Name and category of the Gramin Dak Sevak) are proposed to be sustained.
ANNEXURE-IV
List of witnesses by whom the articles of charge framed against Shri/Smt/Ms ……….. (Name and category of the Gramin Dak Sevak) are proposed to be sustained.
(ii) Standard form of Charge sheet for Major Penalties
(Under Rule 10 B of GDS Conduct & Engagement Rule)
No. ………………………….
Government of India
Ministry /Office of…..
Dated………………………
MEMORANDUM
The undersigned proposes to hold an inquiry against Shri/Smt/Ms …………….under Rule lOB (major penalties) of the Gramin Dak Sevak (Conduct and Engagement) Rules,2011. The substance of imputations of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehavior in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures -III and IV).
2. Shri/Smt/Ms ……………. is directed to submit within 10 days of the receipt of this Memorandum a written statement of his/her defence and also to state whether he/she desires to be heard in person .
3. He/She is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He/She should, therefore specifically admit or deny each article of charge.
4. Shri/Smt/Ms …………………. is further informed that if he/she does not submit his/her written statement of defence on or before the date specified in Para 2 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rule 10B (Major penalties) of the Gramin Dak Sevak (Conduct and Engagement) Rules, 2011, or the orders /directions issued in pursuance of the said rule, the inquiring authority may hold the inquiry against him/her ex parte.
5. Attention of Shri/Smt/Ms ………………..is invited to Rule 29 of the GDS (Conduct and Engagement) Rules, 2011, under which no Sevak shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his/her interest in respect of matters pertaining to his/her engagement under the Government. If any representation is received on his/her behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Shri/Smt/Ms is aware of such a representation and that it has been made at his/her instance and action will be taken against him/her for violation of Rule 29 of the GDS (Conduct and Engagement) Rules, 2011.
6. The receipt of this Memorandum may be acknowledged.
(By order ……………………………………..)
Signature ……………………
Name and designation of the Competent authority
To
ShriJSmt/Ms …………
ANNEXURE-1
Statement of articles of Charge framed against ShriJSmt/Ms (Name and category of the Gramin Dak Sevak).
Article-I
That said ShriJSmt/Ms ……while functioning as during the period …………..
Article-II
That during the aforesaid period and while functioning in the aforesaid Office, the said Shri/Smt/Ms ……………….
Article-III
That during the aforesaid period and while functioning in the aforesaid Office, the said Shri/Smt/Ms …………………………
ANNEXURE-II
Statement of imputation of misconduct or misbehavior in support of the articles of charge framed against Shri/Smt/Ms …………(Name and category of the Gramin Dak Sevak).
Article-I
Article-II
Article-III
ANNEXURE-III
List of documents by which the article of charge framed against Shri/Smt/Ms ……………… (Name and category of the Gramin Dak Sevak)are proposed to be sustained.
ANNEXURE- IV
List of witnesses by whom the articles of charge framed against Shri/Smt/Ms ……….. (Name and category of the Gramin Dak Sevak) are proposed to be sustained.
3. The above prescribed separate Standard Format for issue of charge sheet under Rule -10 to Gramin Dak Sevak for imposing Minor and Major Penalties specified in Rule 9 of Garmin Dak Sevak (Conduct and Engagement )Rules-2011 may be circulated to all concerned. The concerned disciplinary authorities to ensure to follow strictly the standard format while issuing of Charge sheet to GDS.
4. Hindi version will follow.
(SB Vyavahare)
Assistant Director General (GDS/PCC)
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