1. 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

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

3. 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

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

5. 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

6. SUSPENSION – 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

7. 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

8. 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

9. TYPES OF SUSPENSION - contd.
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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. REVIEW OF SUSPENSION Rule 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

22. REVIEW OF SUSPENSION Rule 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).

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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%

29. DURING SUSPENSION Recoveries/ Deductions Compulsory deductions
Income tax
House rent and allied charges
CGHS and CGEIS contributions
Repayment of loans and advances
Optional deductions
Premium due on Life policies
Amount due to credit societies
Refund of advances taken from GPF

30. 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

31. DURING SUSPENSION Resignation
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

32. 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’

33. 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.

34. 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

35. 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

36. 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)

37. 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

38. 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.

39. 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

40. 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.

41. 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