IMPORTANT RULES - ALL POSTAL EMPLOYEES SHOULD KNOW | PART 1

IMPORTANT RULES - ALL POSTAL EMPLOYEES SHOULD KNOW | PART 1

 

1. Whether the divisional superintendent who is a witness or a party in the case can issue charge sheet to an employee, to whom he is disciplinary authority

 

Ans: No. In such cases an adhoc disciplinary authority must be appointed. (DG,P&T memo No6/641/64-Disc dated 27-01-65)

 

2. Whether any punishment can be imposed with retrospective effect.

Ans: No. No penalty can be imposed retrospectively; it can only be prospective, either from the date of issue of punishment order or from a prospective date

 

3. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?

 

Ans: No. Any punishment awarded under rule 16 should not affect pension. But if an inquiry as specified under Rule 16(1)(b) is conducted such a punishment can be imposed.

 

4. Whether promotion can be accorded if the punishment order has not become operative?

Ans: Yes. It should be. Promotion cannot be ordered during the currency of punishment.

 

5. Can an official be reduced to a rank lower than to which he was originally appointed?

Ans: No. He cannot be reduced to a rank lower than the rank to which he was originally appointed (Rule 11 Goi 10)

 

6. Whether an order of stoppage of increment with cumulative effect will affect seniority?

Ans: No. But an order of reduction to a lower rank/post will affect seniority, if ordered as such

 

7. What is the DOPT instruction, in determination of seniority in case of reduction to a lower rank/post?

Ans: Seniority of an official will be regulated, based on the conditions specified in the punishment order in terms of Para 4.2 of consolidated orders on seniority contained in DOP&T Meme No 22011/7/86-estt.(D)dated 3rd July 1986 (copy of order enclosed)

8 After acquittal from court on criminal charge, whether the dept can take disc action on the same charge?

Ans: NO, if the official is acquitted honourably. But if the acquittal is for lack of evidence etc... The dept can proceed, if it has got enough evidence to prove the charge. This is because the standards of proof required in a departmental inquiry and in criminal proceedings are different.

 

9 Whether an officer holding current charges can exercise the disc powers attached to the post?

Ans: NO, [ MHA OM No f7/14/61-Ests(A) dated24-01-63]

 

10 Whether the lower authority (SP) can award major penalty to an official appointed by the higher authority (SSP)?

Ans: No. No civil servant shall be dismissed or removed from service, by an authority subordinate to appointing authority.
One  official  may have many appointing authorities in every stage of promotion etc... Therefore, the highest authority among these appointing authorities can only impose major penalties.

 

11 What is the period after which a suspension order will have to be reviewed?

Ans: As per Rule 10 sub rule 6&7(CCS(CCA)Rules 1965)) the 1st suspension order will remain in force only for 90 days. Before the expiry of 90 days the suspension order will have to be extended based on the recommendations of the review committee The review committee can also recommend extension of suspension only up to 180 days at a time.

 

12 Whether the suspension order can be prolonged without the issue of charge sheet?

Ans: , If the review committee recommends extension, but it will be difficult to justify such prolonged suspension. CAT Bangalore in a judgement in case of A.S.Krishnamachari vs UOI 1993(1) LiL (cat)195 Bangalore held that non-issue of charge sheet even after 180 days was unjustified and quashed the suspension order.

 

13 Whether the committee is empowered to extend suspension beyond 180 at a time

Ans: Yes. But not at a time. The committee has to review suspension before the expiry of 180 days

 

14 Whether the closed cases can be reopened?

Ans: Yes. The reviewing authority after giving a due notice to the concerned official with in the period prescribed for such a review can revise the order earlier made by the disciplinary authority.

15,16 &17 Omitted

 

18 What is the financial power of LSG& HSG POSTMASTERS?

Ans: Rs 30/- to LSG and Rs 60/- to HSG, Subject to availability of funds allotted by DO

 

19 Can an authority force an official to take VR When he becomes physically or mentally disabled?

Ans: No. As per DOPT orders dated 19-01-2004 no establishment shall dispense with or reduce in rank an employee who acquired disability during his service. In case if it is not possible to adjust him against any post, he may be kept on a supernumerary until a suitable post is found or made available or till the date of his retirement on superannuation. This order is based on the amended provisions of the section 47 of the “persons with disability act1995”

20 Omitted

21 Whether any time limit is prescribed for disposal of representations received

Ans: Yes as per the Dte letter no 204/40/75-Disc dated 23-07-75 the staff cases should be dealt in the fallowing manner:-

1 Action must be taken within a week

2 Decision must be taken within fort night

3 At any cost decision must be taken within a month.

It provides further that appeal should be decided within a month from the date of receipt of the records of the case.

 

22. Whether an official already placed under suspension can function as Defence Assistant in another Disc Case?

Ans: Yes: As per the Rule 14 (18) of CCS (CCA) rules 1965, it is permissible. This has been examined by the Kerala High Court and opined that there is no rule that a person under suspension is not entitled to assist another Govt. Servant in Inquiry proceedings.

 

23. What are all the circumstances under which the ‘Dies non’ can be awarded?

Ans: The day can be marked as ‘Dies non’ only under the following three circumstances.
i) When the official remains absent from duty without prior information.
ii) When on duty in office, the official leaves the office without proper permission; and

iii) The official remains in office, but refuses to perform duty assigned to him

In any of these circumstances, ‘Dies non’ memo should not be issued without issuing show cause notice.

 

24. Whether late coming to office can be treated as ‘Dies non’?

Ans: No. A Day on which an official comes late and works throughout the day during office hours will not be marked as ‘dies non’. Treating this day as ‘Dies non’ for coming late is not contemplated in the rules. The proper course in such case would to be debit ½ day in the casual leave account of the official as per instructions. This is confirmed in the DG’s letter dated 26.11.79.

Further the Department in its letter dt 22.07.75, has stated that Half a days CL should be debited to the CL account of a Government Servant for each late attendance up to one hour on not more than two occasions may be condoned by the competent authority, if he is satisfied.

 

25. What is the position in case if there is no casual leave for debiting due to late attendance? If the leave sanctioning authority does not want to condone the delay, what action can be taken?

Ans: If an official who has no casual leave to his credit comes late without sufficient justification and the administrative authority is not prepared to condone the late coming, he may inform the official that he will be treated as unauthorised absence for the day on which he came late and leave it to the official himself either to face action for unauthorised absence or to apply for earned leave or any kind of leave due and admissible for the entire day, the same may be sanctioned. This is the order of the Ministry of Home Affairs dt 05.03.82 As such Question of dies non will not arise in such cases.

 

26. A rule 14 charge sheet was issued to the official and he died when the case was under enquiry stage. What will be the fate of charge sheet? Whether the family will get pensionary benefits?

Ans: As per the DOPT order dated 20.10.99. where a Government Servant dies during the pendency of the inquiry(i.e.) without charges being proved against him, imposition of penalty is not justifiable. Therefore, the disciplinary proceedings should be closed immediately. Family of the official is fully entitled to avail all the retirement / pensionary benefits as available to the family of the deceased employee.

 

27. Whether the adverse entry in the confidential report is operative in case the representation made against the same is pending with the appellate authority?

 

Ans: Adverse remarks should not be deemed to be operative, if any representation filed within the prescribed limit is pending. Further, the representation should be decided within three months by the competent authority.

 

28. What is the time limit for making representation against adverse entry?

Ans: As per the old rules, only one representation against adverse entries should be allowed within one month of their communication. Even belated representations may be considered if there is satisfactory explanation for the delay ( DOPT order dt 31.10.61.). An appeal against rejection of representation against adverse entries can be made within six months after such rejection. Now the CR system has been modified as APAR (Annual Performance Assessment Report). As per the new scheme 15 days time for the receipt of communication will be given.

 

29. An official was placed under suspension on flimsy reasons. He has been awarded with only minor punishment under Rule 16. What is the fate of suspension period?

Ans: Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in terms of FR 54 ( B). Therefore the employee concerned should be paid fully pay and allowances for the period of suspension.

 

30. Whether any specific orders are required for declaring holidays during General election? If not, what are the provisions?

Ans: No Separate order is required. It should be declared as closed holiday on the following circumstances.

i) In the notified areas where General election to State Legislative assembly is scheduled to be conducted.

ii) In connection with by-elections to Lok Sabha/ State Assembly, the office shall not be closed. However the employees who are Bonafide Voters in the relevant constituency should be granted special casual leave on the day of polling.
iii) Special CL may be granted to an employee who is an ordinarily a resident of that constituency and registered as a voter but employed outside the constituency having a general/by election.

 

31. Whether LND(Leave Not Due) can be availed in case one having E.L at his credit wants to keep it for his retirement benefits?

Ans: Yes. LND may be sanctioned in cases where credit in EL account is available. However LND can be granted only on medical grounds and not for private affairs.

 

32. How may days an official employed in India can avail Earned leave at a stretch?

Ans: Since12-10 1990, it has been increased to 180 days [Rule 26(2)].

 

33. Is the Service book of an official is a secret document? Is there any provision to verify the entries therein by the official?

Ans: According to the DG’s order Below SR 202, it is incumbent on every Government servant to see that his service book is properly maintained. He should be allowed to verify the entries periodically and affix his signature in token of having accepted the entries made therein.

It is necessary that one has to verify the service book every year and check the entries made therein with a special reference to leave account and service particulars.
A certified copy of service book can also be obtained on Quitting service on payment of Rs 5/-

 

34. Whether the fitness certificate should be obtained from the same doctor who certified the illness?

Ans: Not necessary. The rules do not envisage that the fitness certificate should be given by the same doctor who gave the medical certificate.

 

35. IF an official is directed for Second Medical Opinion to D.M.O whether he is entitled to claim TA/DA?

Ans: AS per Rules, any employee who has been asked to proceed to some other station for second medical opinion, he should be granted T.A for the journey period and D.A for a maximum period of two days calculated as on tour This facility is allowed only in cases of Second medical opinion for grant of original leave and not for extension of leave.

 

36. Whether the ward of an official who is physically handicapped & studying in unrecognized institution is entitled for reimbursement of tuition fees or not?

Ans: Tuition fees shall be reimbursed in case of physically handicapped/ mentally retorted child irrespective of whether the school/ institution is recognized or not, provided the institution and its fee structures are approved by the Central State Government.

 

37. An employee is having just five years of service for superannuation. He applied for EL which has been rejected. It is correct?

Ans: As per DOPT orders dt 29.09.86, Earned leave should not ordinarily be denied to any employee, especially in the last ten years of his career.

 

38. An employee posted at higher HRA station was transferred to a lesser HRA station. His family continued to stay at old station. What is his HRA entitlement?

Ans: As per the MOF order dt 28.03.03, he is entitled to HRA at the rate admissible at the old Head Quarters, if his family continued to reside there for six months or till he is allotted or his secured family accommodation at the new headquarters, whichever is earlier.

39. Can an employee having mentally retarded children be posted to the place of his choice?

Ans: As per the DOP&T orders dt 15.02.01, Such a request need, to be considered favourably to facilitate proper treatment of the child.

 

40. Whether Special casual leave can be availed during Bunds, riots strikes etc.?

Ans: Heads of the departments may grant special casual leave to employees residing at places 5 K.M. away from their offices, when they are unable to attend office due to dislocation of public transport arising out of bundhs, natural calamities …etc. If the absence is due to picketing or curfew, special casual leave may be granted to all the employees irrespective of distance

 

41. Whether casual leave can be combined with other kind of leave?

Ans: No. It cannot be combined with any other kind of leave. But CL can be combined with Special C.L. Similarly Special CL can be combined with any other kind of leave.

 

42. What are all the actions termed as sexual harassment on women employees?

Ans: Sexual harassment includes such unwelcome sexually determined behavior (whether directly or by Implication) as:

a) Physical contact and advances;

b) a demand or request for sexual favours;

c) Sexually coloured remarks;

d) Showing pornography;

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

 

43.What is the time limit fixed for disposal of representation by the nodal ministry?

Ans: DOP&T Vide its Om dated 11.01.2002 stipulated that the representations of the officials should be disposed of within six weeks. Representations requiring inter departmental consultations should be disposed of within three months. Final reply should be self-contained, covering all points raised by the employee and if rejected, grounds for rejection should be clearly given.

44. Whether two punishments can be imposed for the same lapse?

Ans: As per the Dte letter dated 30.03.81 in a disciplinary case, two punishments should not be imposed for the same offence. However, recovery from pay can be ordered for recovery of pecuniary loss caused to the government along with any other penalty.

 

45. An official has submitted resignation but before acceptance, he applied for withdrawal of the same? Whether it should be considered or not?

Ans: If the employee’s written intimation of withdrawing his letter of resignation reaches the appointing authority before its acceptance his resignation will be deemed to have been automatically withdrawn. If the resignation has been accepted but the employee is not relieved before his letter of withdrawal reaches the appointing authority, he may ordinarily be allowed to withdraw his resignation. If for some reason, the request for withdrawal is refused, the grounds for refusal should be recorded and conveyed to the employee.

 

46. Whether legitimate Trade Union activities will attract CCS(conduct) rules?

Ans: Department has clarified vide its letter dated 06.10.95, that legitimate union activity that does not violate CCS ( conduct) Rules 1964 & ED (conduct & service) rules 1964[ now Dept of Posts GDS(conduct & employment) Rules 2001] or other rules or instructions governing the concerned employee should not lead to disciplinary action against the employee and that this should be strictly ensured.

 

47. Whether oral orders and instructions are to be obeyed?

i) Oral instruction should not, as far as possible be issued by senior officers to their subordinates.

ii) IF the oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter.

iii) if a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in wiring whenever such confirmation is sought.
iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as possible/ practicable.

 

48. Is there any provision to proceed against an employee on anonymous complaint?

Ans: No. Rule 183 of Vol iii clearly stipulated that no action should be taken on anonymous and pseudonymous complaint against any Government servant. But if the complaint discloses very serious matter and contains verifiable facts then necessary enquiry should be conducted. If such an inquiry reveals serious irregularity on the part of the employee, disc action can be taken

 

49. Whether the staff Quarters can be forcibly allotted to an employee even though he has not offered his willingness?

Ans: No. it should not be thrusted upon any employee against his will and in the absence of a written request for allotment of a Quarter from the employee.
,However, it is mandatory for the employee to occupy the rent-free post attached Quarters. If he refuses to occupy the same, no HRA can be drawn. This is as per the Dte letter dt 11.07.2000. 

50. Is there any condition that the compassionate appointee should maintain the family properly?

Yes. He should give an undertaking in wiring at the time of appointment that he will main properly the other family members who were dependent on the Government Servant and in case it is proved subsequently at any time that the family members are being neglected or are not being maintained properly by him, his appointment may be terminated forthwith.

Appointing/Disciplinary/Appellate Authorities