Model representation 5 : Draft against prolonged put off duty of the GDS official
I received messages from many comrades about the prolonged put-off duty of the GDS for over one year and requested to post a model for the same. The following was drafted by me some four years back in one case which contains important points therein. It may be useful to the comrades who are preparing representation in such cases. Current changes, if any, may also be incorporated.
Many drafts are lengthy in the posts we are publishing but contain various points on the subject and the points as per their requirement may be taken from the draft.
Sub:--Submission of Appeal against the orders of prolonged Put-off duty—reg.
Ref:--SSPOs, …….. division Letter no F1/Misc/……../ BO dated ………
Having profound regards, full faith in your sense of justice, fair play and allegiance in law and justice, I earnestly submit the following appeal for your kind consideration and orders.
I submit that I have been placed under Put off duty vide SSPOs, …… Memo No PF/…../Dlgs dated ……..under rule 12(1) of GDS (Conduct & Engagement) Rules 2011as if a disciplinary case is contemplated against me.
I have been under put off duty since 7.11.2019 and my put off is being continued prolong for which I am not at all responsible and there is no delay due to my part. No charge sheet has been issued against me yet and therefore the prolonged put off duty is illegal and against to the canon of natural justice.
I have been placed under “off-duty” with immediate effect pending enquiry and disciplinary action. But no progress in my case even though I co-operated in all aspects. The Disciplinary authority vide his letter cited above in the reference has stated that investigation is under process and my request could not be entertained at this stage. At this stage, I have no other alternate except to stand before the Grandee DPS, ………. region with my folded hands praying justice and fair play in my case.
In close watch, it is seen that this case is not reviewed in accordance with the D. G. Posts,
Letter No. 10-2/87-Vig. III, dated the 19th April, 1988 and the 15th January, 1990 because this case is being allowed to be kept under “off- duty” for more than twenty months without any revision of ex-gratia payment. No charge sheet has been issued so far against me.
Moreover, it is submitted that there is no monetary loss to the Department in this case. It is a clear action taken on ulterior motive and in total violation of Guide Lines on the subject matter.
The DG P&T vide his letter no 157-7/77-Disc.II dated 16.1.79 stated interalia;
” It is clarified that ED Agents can be put off duty even before the initiation of the disciplinary proceedings. However, it is not the intention of the Rule that an ED Agent be put off duty merely on the ground of suspicion, without making any enquiry whatsoever. The question of putting off an ED Agent from duty should arise only when there is a prima facie case against him and the nature of the offence is such that dismissal will be the probable penalty.
In my case, there is no such issue and merely on suspicion, I am placed under the Put off duty over 20 months which is arbitrary, unjust and against to the canon of natural justice as well as the orders cited in para supra.
The orders contained in DG P&T No. 104/11/77-Misc II dated 24.2.1979 is furnished hereunder as interalia;
“Putting an ED Agent off duty may cause a lasting damage to his reputation if he is ultimately exonerated or is awarded only a minor penalty. The competent authority is, therefore, expected to exercise his discretion with proper care and due caution. The following guidelines by way of precaution are, therefore, laid down for being followed by the competent authority before passing orders placing an ED Agent off duty:
a. Enquiries made into a complaint or the process of inspection of that office should have revealed a strong prima-facie case against the delinquent.
b. The offence thus coming to notice should be of such a serious nature that dismissal or removal form service would be the probable ultimate punishment and it would be inadvisable that the offender should be allowed to continue to perform his duties pending finalisation of the disciplinary case against him.
c. Petty breaches of discipline and minor departmental offences would not justify putting an ED Agent off duty.
d. Wilful, obstinate of repetitive refusal to carry out an order, rendering his retention on duty a hurdle to proper conduct of enquiry would justify an ED Agent being put off duty.
e. An agent against whom a criminal charge involving moral turpitude is pending may be put off duty during the period when he is not actually detained in custody or imprisoned (i.e. while he has been released on bail).
If the charge made or proceedings taken up against him are connected with his duties or is likely to embrace him in the discharge of his duty.
I submit that no such prima facie case charged till this minute and being the respectable person in my village the prolonged put off duty is causing the ever-lost damage to my reputation.
It is further mentioned in the same order that “It is also necessary that disciplinary authority makes every effort to finalise the disciplinary proceedings and pass final orders so that an ED Agent may not remain put off duty for exceeding 120 days. Heads of Circles should draw up a time table for ensuring finalisation of disciplinary cases, within this period. In case for any unavoidable reasons, it has not been possible to finalise a case within this period, the matter should be reported immediately to the next superior authority giving full justification why the ED Agent cannot be taken back to duty pending finalisation of the case. The superior authority should on receipt of the report, immediately review the case and consider:-
(i) Whether there is justification to continue the ED Agent concerned 'off duty' for a further period; and
(ii) What steps should be taken by the disciplinary authority to eliminate all avoidable delay in finalising the case.
In my case, the put off duty is prolonging over 20 months even though I am not at all responsible and merely on suspicion which is bad before law and also tantamount to the spirit of the Directorate guidelines on the subject.
In accordance with DG P&T No 151/3/81 VIG III dated 25.8.1981, care should be taken not to put an EDA off duty without sufficient grounds for doing so. If at all it was necessary to put them off duty, then their cases should be finalised at the earliest and not later than 4 months at the maximum.
It is further directed in the order that statements of put off duty cases may be called for from all the divisions and scrutinised. Strict action should be taken against any instance where it is found that put of duty cases of EDAs have been unnecessarily delayed due to negligence.
As per the Directorate instructions vide No. 10-2/87 Vig. III dated 19.4.1988, the Regional Directors should personally review every month cases of put off duty of all EDAs and issue appropriate orders in each case and the cases of put off duty pending for six months or more should be brought to the personal notice of the Post-Master General, Addl. Postmaster General who should issue appropriate directions in this regard.
When 'put off' is permitted only 'pending enquiry' and where there is no enquiry 'pending' an employee cannot be 'put off' in exercise of assumed powers not conferred by the Rules.
Similar to the above, there were many Directorate instructions about the prolonged put off duty and it should not be continued prolong without any genuine reasons. In my case there is no prima facie case against me and no charges have been levelled so far. It is further to submit that in ………division there were many such cases pending and prolonged put off is continuing over one year. Instructions on the subject should strictly be followed to dispose of the disciplinary cases against the delinquent EDAs expeditiously to avoid delay in finalisation of such cases.
I further submit that I am the office bearer of the union and there are many rivals to me due to my genuine trade union activities. Further I used to place the problems before the administration for their settlement. The prolonged put off is nothing but an act of vendetta against me for my genuine trade union facilities. It is clear in the CCS CCA Rules that no suspension should be continued beyond one year and it will be deemed to have withdrawn if continued more than one year. The similar yardstick is applicable in my case also. Furthermore there are several judicial pronouncements that the GDS should not be kept under off duty prolong.
I am having the apprehension whether these exercises have been carried out in my case and if such exercise would have taken place I would have been reinstated by this time.
The process as stipulated in the pre paras is observed, I would have been reinstated much earlier and I am having the doubt that the whether the case has been reported periodically to the next higher ups
Under these circumstances, I request the benign and erudite DPS, ……. region to kindly consider my appeal sympathetically and favourably and cause orders to reinstate me at the earliest for that kind act I will ever be grateful. I will co operate the enquiry if any proposed at a later stage on any allegations.
Thanking you in anticipation.
Courtesy : https://yourskayveeyes.blogspot.com/
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