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SUSPENSION

deterrent to exhibit the firm determination of the Government to root out corruption or other grave misconduct

to enforce discipline during departmental inquiries by keeping the Government servant away from access to official records and official witnesses

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OBJECTIVE

practical applications of various rules of suspension and the Government of India’s orders, decision, and instructions on the subject

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SUSPENSION

Definition

Authority

Suspension has been described as state of being temporarily debarred from a function or privilege; temporary deprivation of one’s office / position

Rule 10 in Part IV, CCS (CCA) Rules,965

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When resorted to

When allegations of serious nature are received against a Government servant and it is decided to initiate enquiries into such allegations

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SUSPENSION - Basic Rules officer concerned can be suspended as

a first step even before any charges are framed against him

order of suspension of a Government servant does not put an end to his service

suspended Government servant continues to remain bound to follow the lawful directions of his superiors during the period of suspension

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SUSPENSION – Right of Employer

Right of Employer employer has every right to pass an order

of suspension pending an inquiry ( R.P. Kapur, SC 1969).

suspension can be ordered even when no inquiry is pending

Suspension does not amount to ‘reduced in rank’ in the sense the term is used in Article 311(2) of the Constitution

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SUSPENSION – Guiding Principles

Public interest should be the guiding factor Where

his continuance in office will prejudice investigation his continuance in office is likely to seriously subvert

discipline in the office his continuance in office will be against the wider

public interest a preliminary enquiry reveals a prima facie case

justifying criminal or departmental proceedings where he is suspected to have engaged himself in

activities prejudicial to the interest of the security of the State

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SUSPENSION – in special circumstances

case has been registered by Police against the official under Section 304 B(1) of IPC (Dowry Death)

If he is not arrested, he shall be placed under suspension immediately on submission of the Police Report and the report prima facie indicates that the offence has been committed

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TYPES OF SUSPENSION - contd.

Suspension

Authority Rule 10(1) of the CCS(CCA) Rules, 1965

when allegations of serious nature involving

indiscipline, moral turpitude, corruption, delinquency, etc. are received against a Government servant

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TYPES OF SUSPENSION Deemed Suspension Authority under Rule 10(2), (3), (4) of the CCS(CCA) Rules when detained in custody for a period exceeding 48 hrs convicted of an offence and is sentenced to a term of

imprisonment exceeding 48 hrs a penalty of dismissal, removal or compulsory

retirement is set aside in appeal review a penalty of dismissal, removal or compulsory

retirement is set aside by an order of the Court and the Disciplinary Authority decides to hold further inquiry

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COMPETENT AUTHORITY

Appointing Authority as defined in Rule 2(a)

Authority to which the Appointing Authority is subordinate

Any other authority empowered in that behalf by the President

Disciplinary Authority i.e. the Authority competent to impose any of the penalties mentioned in Rule 11

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SUSPENSION

Types of misdemeanour where suspension is desirable

conduct involving moral turpitude misappropriation of government money dereliction of duty desertion of duty deliberate refusal or to carry out written

orders of the superior officers

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SUSPENSION

When Resorted To Under Rule 10 (1) -contd. disciplinary proceedings are contemplated or

pending a case in respect of any criminal offence is

under investigation Government servant is engaged in activities

prejudicial to the interest of the security of the State

following a preliminary enquiry a prima facie case has been made out for departmental proceedings

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SUSPENSION

When resorted to - Limitations

public interest should be the guiding factor

Utmost caution should be exercised while placing a Government servant under suspension. Should be sparingly exercised for valid reasons only and not for extraneous considerations

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SUSPENSION

When Not Be Resorted To for petty offences If a Government servant remains absent

from duties or overstays leave without permission

When a suspended official disappears and cannot be traced, the suspension order should be lifted and proceedings for his removal (in absentia) should be initiated

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DATE OF EFFECT

With effect from the date of his detention for a period exceeding 48 hrs his conviction sentenced to a term of

imprisonment exceeding 48 hrs communication of suspension order

BUT NOT from a retrospective date since the Govt.

servant had already functioned in the post

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DURATION Rule 10(5) (a)

an order of suspension made or deemed to have been made shall continue to remain in force until it is revoked by the Competent Authority

ceases to exist automatically from the date from which the official is dismissed, removed or compulsorily retired

an express order is necessary to allow the employee to resume his duties in case he is acquitted or discharged after the court / departmental proceedings

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LEGAL POSITION

Article 311 of the Constitution does not apply to an order of suspension

can be placed under suspension without affording an opportunity to explain the circumstance

rule expressly provides for suspension of a Government servant for the purpose of disciplinary action

where disciplinary action is contemplated suspension is generally resorted to

Government servant can be placed under suspension only by a specific order made in writing by the Competent Authority

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APPEAL AGAINST ORDER OF SUSPENSION -contd.

Under Rule 23 of the CCS (CCA) Rules relief is available to the Government servant by way of appeal

Time limit of forty five days for submission of appeal will count from the date on which the reasons for suspension are communicated

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APPEAL AGAINST ORDER OF SUSPENSION -contd.

Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside in appeal or review OR by a decision of a Court of Law and the disciplinary authority

suspension shall be deemed to have continued in force on and from the date of the original order of dismissal removal or compulsory retirement and shall remain in force until further orders

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REVIEW OF SUSPENSIONRule 10 (5) (a)

Necessity for review Public servant under suspension draws

subsistence allowance, for doing no work To see what steps can be taken to expedite

the progress of the court/ trial/ departmental proceedings

To revoke the order when continuance of suspension is not justified

To review the subsistence allowance and the substantive question of suspension

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REVIEW OF SUSPENSIONRule 10 (5) (a)

Extent of review - That an order of suspension remain in force until it is modified/ reviewed or revoked by the competent authority

for the purpose of modifying, revoking or extending the order of suspension, on the recommendation of the Review Committee constituted for the purpose (extension of suspension shall not be more than 180 days at a time).

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REVOKING OF SUSPENSION Rule 10(5)(c ) -contd.

Departmental Proceedings If no formal proceedings need be drawn up for

imposition of any kind of penalty If the final order passed is other than dismissal,

removal or compulsory retirement If the Government servant is exonerated of the

charges In appeal or revision, the order is modified into

one other than dismissal, removal or compulsory retirement and no further inquiry is ordered to be held

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REVOKING OF SUSPENSION Rule 10(5)(c ) -contd.

Criminal Proceedings In arrest and detention cases, it is

decided not to file charge-sheet in the court.

If appeal/ revision against acquittal in higher court fails

If acquitted in trial court and no further appeal preferred in higher courts against the acquittal order

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REVOKING OF SUSPENSION

GOI Guidelines suspension shall be treated as duty if only minor

penalty is ultimately imposed and the employee should be paid full pay and allowances for the period of suspension

Employee who was deemed to have been placed under suspension due to detention in police custody erroneously, Competent Authority at the time of revocation of suspension should pass suitable orders that the suspension was wholly unjustified and full pay and allowances

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DURING SUSPENSION

Payments Payment during suspension period is

termed as ‘subsistence allowance’ Amount as per FR 53 - an amount equal

to leave salary (though actually not on leave) which the official would have drawn if he had been on leave on half-pay

No specific order necessary for fixation of the quantum

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DURING SUSPENSION

Payments - contd. servant under suspension does not

receive salary but can draw compensatory allowances, viz. city allowance, house rent allowance; on the basis of subsistence allowance with reference to FR 53(1)(b) and 54

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DURING SUSPENSION

Appeal against order of subsistence allowance

After three months subsistence allowance may be compulsorily reviewed

Review order of subsistence allowance is appeal-able under Rule 23 (v) (d), (e) & (f) of the CCS(CCA) Rules

Appellate Authority to consider the facts and circumstances of the given case under Rule 27 before making a reasoned order, restricting it to the maximum limit of 50%

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DURING SUSPENSION

Recoveries/ DeductionsCompulsory deductions Income tax House rent and allied charges CGHS and CGEIS contributions Repayment of loans and advancesOptional deductions Premium due on Life policies Amount due to credit societies Refund of advances taken from GPF

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DURING SUSPENSION

Deductions not permissible from the subsistence allowance

Subscription to GPF Amount due on court attachments Recovery of loss to Government for

which a Government servant is responsible

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DURING SUSPENSIONResignation As suspension is resorted to only in cases of grave

misconduct or delinquency it is against the principles of discipline to accept the resignation from a Government servant placed under suspension

circumstances under which the resignation may be accepted

offence do not involve moral turpitude departmental proceedings likely to be so protracted quantum of evidence against him is not strong

enough to justify departmental proceedings

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DURING SUSPENSION

Resignation Government servant can submit application for the

withdrawal of resignation if it is still in the stage of consideration.

If it has become effective - appointing authority may allow withdrawal of resignation, if the period from the date the resignation became effective and the date of resumption of duty does not exceed ninety days

To be accepted with the prior approval of the Head of the Department in respect of Group ‘C’ & ‘D’, Minister in charge in respect of Group ‘A’ & ‘B’

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DURING SUSPENSION

Promotion

Government servant may be considered for promotion and confirmation at relevant time

‘Sealed cover procedure’ to be followed If the officer is exonerated, the sealed cover (s) to be

opened and be given his promotion with reference to the position of his seniority

If any penalty is imposed on the officer, findings in the sealed cover will not be acted upon.

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DURING SUSPENSION

Appearing In Departmental Exams

allowed to take departmental exams if he fulfills all the other technical requirement for admission to such examination

If any punishment is imposed he should be promoted only after the expiry of penalty

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DURING SUSPENSION

Retirement Suspended official may opt for retirement on his

own accord on attaining the age or fifty five years by giving to the appropriate authority a notice of not less than three months in writing

Right to retire voluntarily, after completing thirty years of qualifying service subject to the prior approval of the appropriate authority

Suspended official at the age of superannuation - will cease to draw subsistence allowance, but will be paid only provisional pension under Rule 69 of the CCS (Pension) Rules

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DURING SUSPENSION

Grant Of Leave Fundamental Rule 55 prohibits the grant of leave to a

Government servant under suspension

Death proceedings would terminate and abate by reason of

death family will be paid full pay and allowances for that

period to which he would have been entitled had he not been suspended

period between the date of suspension and the date of death will be treated as duty for all purposes as provided in Fundamental Rule 54-B(2)

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SUSPENSION – Effect on Pension and Leave Encashment

If suspended official is reinstated without forfeiture of service, the emoluments which he would have drawn had he not been suspended shall be the emoluments for the purpose of Rule 33 of the CCS (Pension) Rules, 1972 and the same shall be taken into account for determining the average emoluments under Rule 34

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SUSPENSION- Review Committee

composition of the Review Committee DA, AA and another officer of the level of DA & AA

from the same office or from another Central Government office in a case where the President is not the DA or the AA

DA and 2 officers of the level of the Scty/ Addl Scty/ Jt Scty who are equivalent or higher in rank than the DA from the same office or from another Central Government office in a case where the AA is the President

3 officers of the level of Scty/ Addl Scty/ Jt Scty who are higher in rank that the suspended official from the same Department/ Office or from another Central Government office in a case where the DA is the President.

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SUSPENSION – Time Limit for Disposal

In suspension cases, the investigation should be completed and a charge sheet filed in a court of competent jurisdiction in cases of prosecution within six months as a rule

In case the proceedings are expected to take more time, the suspension order should be revoked

Every effort should be made to file the charge sheet in court or serve the charge sheet on the Government servant within three months of the date of suspension

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SUSPENSION - Effect

Suspension from service has far reaching adverse effects on the employee concerned

Cannot supplement his subsistence allowance

By an order of suspension, an impression is immediately created that there has been something very serious against him

stigma may not be totally washed away even if subsequently Government servant is exonerated of the charge.

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SUSPENSION – Case Laws

No difference between ‘honourably acquitted’ and ‘not acquitted honourably’

Suspension proceedings should be completed expeditiously, in the public interest and also in the interest of the Govt. servant

After passing an order of suspension stating it to be ‘pending inquiry’ it should not be allowed to continue indefinitely

No suspension orders can be issued after retirement of the employee