
In short. GDS put off duty is the Gramin Dak Sevak's version of suspension, ordered under Rule 12 of the GDS (Conduct and Engagement) Rules, 2020 when an inquiry or criminal case is pending. You are paid ex gratia of 25 per cent of your TRCA plus dearness allowance each month, which can be raised after 90 days. The order itself can be appealed within three months. If you have been put off duty, check who signed the order, ask for your ex gratia in writing, and press for a chargesheet if none has come.
Is this your situation?
- You are a Branch Postmaster, Assistant Branch Postmaster or Dak Sevak and have been told not to come to the branch office.
- The order was given by the Inspector of Posts or Assistant Superintendent after a shortage or complaint, and nobody senior has confirmed it.
- You have not received any ex gratia, or only a small amount, for months.
- No chargesheet has been given even though you were put off duty long ago.
- A police case has been registered over savings bank or IPPB transactions at your branch.
- You want to know whether you can appeal, and to whom, before going to the tribunal.
In short
- Put off duty is not dismissal. You remain a GDS; you are only kept away from work while the case is decided.
- Ex gratia is 25 per cent of TRCA plus DA every month. After the first 90 days it can be increased by up to half if the delay is not your fault.
- An order by an IPO or ASP lapses after 15 days unless the engaging authority or a superior confirms it.
- You can appeal the put off order itself to the immediately superior authority within three months.
- Press for a chargesheet in writing. Tribunals have questioned put off duty that continues for months without one.
- GDS hold civil posts, so the Central Administrative Tribunal hears their cases.
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
| Period | What the rule allows | Illustration on a TRCA of Rs 12,000 |
|---|---|---|
| First 90 days | 25 per cent of TRCA plus DA on it | Rs 3,000 a month plus DA on Rs 3,000 |
| After 90 days, delay not your fault | Increase by up to 50 per cent of the first-90-day amount | Up to Rs 4,500 a month plus DA |
| After 90 days, delay caused by you | Reduction by up to 50 per cent | As low as Rs 1,500 a month plus DA |
| Absconding or unauthorised absence | No compensation | Nil |
| Major penalty case ends in minor penalty | Full TRCA and allowances for the whole period | Arrears of the difference |
| Dismissal later set aside and case remitted | Deemed put off from the date of dismissal; payments adjusted | Ex gratia for the deemed period, adjusted against any reinstatement payment |
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
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.
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.
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.
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.
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.
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
| Type | Penalty | Procedure |
|---|---|---|
| Minor | Censure | Rule 10-A: memo and written representation |
| Minor | Debarring from appearing in recruitment examinations, or from being considered for selection, for a period of one to three years | Rule 10-A |
| Minor | Recovery from TRCA of a pecuniary loss caused to the government | Rule 10-A |
| Minor | Withholding of the annual TRCA increase for up to three years | Rule 10-A |
| Major | Reduction to a lower stage in the TRCA | Rule 10-B: full inquiry |
| Major | Compulsory discharge | Rule 10-B |
| Major | Removal from engagement, not a bar to future engagement | Rule 10-B |
| Major | Dismissal from engagement, ordinarily a bar to future engagement | Rule 10-B |
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.
A made-up example: a Branch Postmaster in Gaya district
Here's a made-up example. Sunita Devi is a Branch Postmaster in a village branch office in Gaya district. During a visit, the Inspector of Posts finds that four recurring deposit passbooks show deposits not credited in the system. The same day, the Inspector puts her off duty.
No confirmation order is passed by the divisional head within 15 days. She receives no ex gratia for three months. After five months, she has still not been given a chargesheet; she is told the matter is with the police.
She writes to the division asking for the confirmation order and the arrears of ex gratia. She files an appeal against the put off order within three months of receiving it, raising the 15-day lapse and the absence of a chargesheet. At 90 days she separately asks for enhancement of ex gratia. When the appeal is not decided for six months, she files an Original Application before the Patna Bench.
The tribunal may direct the department to decide her appeal, pay arrears, consider enhancement, or revisit the put off order, depending on the record. The example is about sequence and paperwork. It does not suggest what any tribunal would order in a real case.
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
About the put off order
- The put off order, with the date you received it
- Confirmation order by the engaging authority, if passed
- Any extension or review orders
- Your appeal and the appellate order
About money
- Engagement order and latest TRCA fixation
- Ex gratia payment records or bank credits
- Your requests for payment and enhancement, with acknowledgement
- Any recovery orders or deposit challans
About the case
- Inspection or visit report, and any statement you signed
- FIR copy and police notices, if any
- Memorandum of charges and its annexures
- Branch office records you handed over, with list
Usual time and cost in a put off duty dispute
| Step | Time range | General cost |
|---|---|---|
| Confirmation of IPO or ASP order | Must be within 15 days | None |
| Appeal against put off order | File within 3 months; decision often takes 2 to 6 months | Postage, copies |
| Enhancement of ex gratia | Request after 90 days; decision varies | None |
| Major penalty inquiry | Six months to two years | Defence assistant's travel; advice fees if taken, agreed in writing |
| Original Application before the tribunal | Several months to a few years | Small fixed tribunal fee (Rs 50 under Rule 7; confirm with the registry); professional fees agreed stage by stage |
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.
Frequently asked questions
How much is a GDS paid when put off duty?
Ex gratia of 25 per cent of TRCA plus dearness allowance on that amount, every month, under Rule 12(3) of the GDS (Conduct and Engagement) Rules, 2020. After 90 days it can be increased by up to half if the delay is not your fault.
Can the Inspector of Posts put a GDS off duty?
Yes, in fraud or embezzlement cases. But if the Inspector is not the engaging authority, the order lapses after 15 days unless the engaging authority or a superior confirms it.
Is there a time limit on put off duty for GDS?
The rules do not fix a maximum. Tribunals have, however, been critical of put off duty continuing for months without a chargesheet, drawing on Ajay Kumar Choudhary (2015).
Can I appeal against a put off duty order?
Yes. Rule 13 makes it appealable to the authority immediately superior to the one that passed it, and Rule 14 gives three months from receiving the order.
Is GDS put off duty the same as suspension?
It works in a similar way but is governed by the GDS Rules, not the CCS (CCA) Rules. GDS receive ex gratia based on TRCA instead of subsistence allowance under FR 53.
Will I get full TRCA for the put off period if I am cleared?
If you are exonerated, ask for the period to be treated as duty with full TRCA, less ex gratia paid. If a major penalty case ends in a minor penalty, the rule itself provides full TRCA for the period.
Can a GDS go to the Central Administrative Tribunal?
Yes. GDS hold civil posts, as the Supreme Court held in P.K. Rajamma (1977), so the tribunal has jurisdiction over their service disputes.
What should I do if no chargesheet has been given after months?
Write to the engaging authority asking either for the chargesheet or for revocation of the put off order, and appeal the order if you are within three months. If nothing changes, an application to the tribunal can follow.
