30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

 GURU'S DAILY INSIGHTS

Whether GDS can be promoted to department post  through departmental examination during currenty of punishment  & pending disciplinary proceedings ?

(Directorate letter No. 17-47/2024-GDS dtd 14.10.2024)

Appointment through Limited Competitive Examination:

(a) At the time of applying for Competitive exams:

A GDS will be allowed to appear in the Limited Competitive Examination on specified Departmental Post on provisional basis under the following situations:

(i) GDS is Put off duty

(ii) GDS in respect of whom charge sheet has been issued and disciplinary proceedings is pending

(iii) GDS in respect of whom prosecution for a criminal charge is pending

(iv) Currency of punishment except punishment as Rule 9(ii) of GDS (Conduct and Engagement) Rules, 2020.

At the time of declaration of result/joining on Departmental Post:

 The result of the GDS will not be declared under the following situations:

(i) GDS is Put off duty;

(ii) GDS in respect of whom charge sheet has been issued and disciplinary

proceedings is pending and

(iii) GDS in respect of whom prosecution for a criminal charge is pending

 In case of currency of any penalty (other than compulsory discharge/removal/dismissal from engagement), the appointment will be given effect on once the currency of punishment is over.

 In case of penalty of recovery of loss, the appointment will be made after the amount of penalty is fully recovered from such GDS. 'Censure' will have no affect and the GDS may be appointed on the Departmental post.

 GDS official against whom disciplinary proceedings pending on date of application of exam are provisionally permitted for the exam but however on conclusion of disciplinary proceeding/criminal prosecutions, if GDS is exonerated or allegations are dropped or GDS not found guilty only the result will be declared and given effect to.

 GDS official against whom disciplinary proceedings pending on date of application of exam are provisionally permitted for the exam but however on conclusion of disciplinary proceeding/criminal prosecutions, if the GDS official is awarded any of the penalties as referred to in Rule 9 of the GDS (C&E) Rules, 2020 or held guilty in the criminal proceedings GDS official will not be appointed to the departmental post.