Guidelines for issuance of No Objection Certificate (NOC) to Gramin Dak Sevaks for applying passport and going abroad on private visit: SOP, Forms of prior permission and Office Order

Guidelines for issuance of No Objection Certificate (NOC) to Gramin Dak Sevaks for applying passport and going abroad on private visit: SOP, Forms of prior permission and Office Order vide Department of Posts OM dated 14.05.2024

No. 17-75/2023-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

OFFICE MEMORANDUM

Dak Bhawan, Sansad Marg,
New Delhi – 110 001
Dated: 14.05.2024

Subject: Guidelines for issuance of No Objection Certificate (NOC) to Gramin Dak Sevaks for applying passport and going abroad on private visit – reg.

This Directorate has been receiving references from different Circles for prescribing a SOP for issuance of NOC to Gramin Dak Sevaks for applying passport and going abroad on private visit.

2. The matter has been examined.To apply for a passport is a fundamental right of the Citizen, therefore there is no need for any requirement of issuance of any NOC for this purpose. However, for visiting abroad on a private visit, the GDS would require a separate prior permission (in prescribed proforma) of the competent authority. Accordingly, a form for seeking such prior permission/NOC by the GDS and SOP to be followed in such cases by different authorities have been devised.

3. Therefore, it has been decided that requests for permission for private aboard visits may be processed in the attached formats. The competent authority to grant/refuse ‘No Objection’ for all categories of GDSs will be the Divisional/Unit Head (i.e., officer not below the rank of PS Group ‘B’).

4 . Permission to go abroad to a GDS will be denied only in the following circumstances:

a) GDS is on put off duty;
b) Pendency of Disciplinary proceedings for imposing major penalty involving vigilance angle;
c) Pendency of a Criminal proceedings on a complaint filed by the Department.
d) Pendency of a Criminal proceedings on a complaint filed by the private party, the permission may be granted after consulting the concerned authorities

5. The competent authority will grant/deny the NOC to the GDS within 21 days of receipt of complete application by the competent authority. In the event of failure on the part of the competent authority to convey its decision to the GDS concerned within 21 days of receipt of his application, it will be presumed that there is no objection and NOC has been granted.

6 . While issuance of ‘No Objection Certificate’ following points will be kept under consideration:

1. That no leave for going abroad should exceed the period of 90 days.
2. That in case, after issue of the NOC, any disciplinary case/criminal case is initiated; or the GDS is put off duty, the said NOC issued shall automatically become invalid and the GDS will not be relieved for going abroad. Leave, if any, granted will also stand cancelled. However, competent authority will also issue a formal order for cancellation of NOC/leave granted.
3. That if GDS fails to report for duties after the period of sanctioned leave is over for which NOC was issued, the competent authority may take administrative/disciplinary action against the GDS.
4. That if a GDS goes abroad without seeking NOC or in case of failure to resume duties on completion of 90 days, his lien to the post he was holding, will be terminated and GDS would be liable for a disciplinary action for ‘removal/dismissal’ from service in accordance with GDS (Conduct & Engagement) Rules, 2020. The GDS will be treated as on ‘off duty’ and will not be entitled to payment of any ex-gratia amount. The post will be treated as vacant and filled up accordingly by online engagement/transfer/compassionate engagement etc.

7. It is requested that the SoP may be brought to the notice of all concerned and may be strictly followed while dealing with the grant of NOC for visiting broad on private visits of GDS.

This issues with the approval of the competent authority.

(Ravi Pahwa)
Assistant Director General (GDS/PCC/PAP)
Tel. No. 011-23096629
Email:- adggds426[at]gmail.com

Standard Operating Procedure (SOP) for application of GDS for going abroad on private visit

(i) GDS to submit application in the format given in the Annexure – I to the concerned Sub Division Head/Unit In-charge at least 30 days prior to such visit.

(ii) Sub Divisional Head/Unit In-charge will verify the details and fill the Part B of the application (Annexure-I) within 3 days and forward the application to the Division/Unit Head.

(iii) The permission/denial/observations of Head of Division or Unit Head will be conveyed to the concerned GDS with a copy to Sub Divisional Head, as per the format given in Annexure – II, within 21 days of receipt of application in the Division/Unit. The permission/denial/observations should be conveyed within 21 days of submission of application by the GDS concerned.

(iv) After issuance of NOC from the Head of the Division/Unit Head, GDS may be granted leave for upto 90 days by the competent authority, as prescribed.

(v) The substitute arrangement to be made in place of GDS going abroad shall be made as per the instructions issued by this directorate vide OM No. 17-31/2016- GDS dated 11.02.2022.

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Annexure – I

Proforma for taking prior permission by GDS for going abroad on private visit

Part A — To be filled by the Gramin Dak Sevak

9. Declaration : I hereby declare that all the information noted above is accurate to the best of my knowledge and I take full responsibility for the correctness of the information.

Signature: ………..………….
Date : ………………………….
Name : ……………..………….
Designation: …..…………….
Office name: ….……………..

UNDERTAKING

I, (GDS name), working as (Post and BO/SO/HO name) hereby undertake that I will not overstay abroad unauthorizedly in excess of the leave granted to me. In case of any deviation of the rules or violation of the undertaking given, I shall be liable for disciplinary action in accordance with the GDS (Conduct & Engagement) Rules, 2020 as amended time to time.

Signature : ………..…………
Date : ………………………….
Name : ………………..……….
Designation: …..…………….
Office name: ….……………..

Part B—To be filled by the Sub Divisional Head

1. Whether the GDS is on Put off duty.
2. Pendency of Disciplinary proceedings for imposing major penalty involving vigilance angle. (Details, if any).
3. Pendency of a Criminal proceedings on a complaint filed by the Department. (Details, if any).
4. Pendency of a Criminal proceedings on a complaint filed by the private party (Details, if any).

Signature with seal of the office

Name
and Designation of Sub Divisional/Unit In-charge

Date :___________

Annexure – II

File No. …./…..
Government of India
O/o SSPOs/SPOs, … Division

Date : ………….

OFFICE ORDER

With reference to application dated …….. submitted by Shri/Smt/Km……………………………(Name of GDS)…………………………………. (Designation and office name of GDS), this department hereby conveys ‘No Objection’ to his/her visiting abroad at………………………………………………… (Name of Place to visit) for the period from……………………..to……………………. (Number of days) subject to the following conditions:-

1. That he/she will go abroad after got leave sanctioned.
2. That he/she will hand over the charge/provide suitable substitute before going abroad.
3. That he/she should not take up any appointment or undergo any training or study programme or canvass or seek any business during his/her stay abroad.
4. That the government will not be made liable for any expenditure including traveling expenditure etc. in connection with his/her trip abroad.
5. That he/she shall not use the ‘No Objection Certificate’ for any subsequent trip abroad for any purpose without prior sanction of the competent authority.
6. That he will not overstay abroad unauthorizedly in excess of the leave granted and in case of any deviation of the rules or violation of the undertaking given, he shall be liable for disciplinary action in accordance with the GDS (Conduct & Engagement) Rules, 2020 as amended time to time.
7. That he/she should not tender resignation from the post held by him/her under this Government while abroad and his/her resignation will not be accepted on any account.
8. That he/she will abide by all the rules and will be faith full to the Constitution of India and will not involve himself/herself in any activity, which may adversely affect the relations between the two countries.
9. That security record of the Government will not be affected in anyway due to his/her going to abroad.
10. That in case any disciplinary case/criminal case becomes pending or the GDS is put off duty, after issue of the NOC, the said NOC shall automatically become invalid and he will not be relieved. Leave, if any, granted will also stand cancelled.
11. That he/she will follow instructions contained in the Foreign Contribution (Regulation) Act, 2010.

SSPOs/SPOs/Unit Head
(………….) Division Name

Copy to :-
1. Sub Divisional Head/Unit Incharge – for information and necessary action – w.r.t to memo no. …
2. The Concerned GDS official.