Suspension
(8) (1) A member of a Service may be placed under suspension from
service.
(a) where disciplinary proceeding against him is contemplated or is
pending, or
(b) where in the opinion of the authority competent to place the
Government servant under suspension, he has engaged himself in
activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under
investigation, inquiry or trial:
The proviso omitted, (G.O.Ms.No.417, GA (Ser,C) Dept., dt: 24-08-94)
"(d) A Government Servant may be placed under suspension from service
even if the offence for which he was charged does not have bearing on
the discharge of his official duties".
(G. O. Ms. No. 27, G.A. (Ser. C) Dept., Dt. 24-1-2002.)
(2) A Government servant shall be deemed to have been placed under
suspension by an order of the authority competent to place him under
suspension.
(a) With effect from the date of his detention, if he is detained in custody,
whether on a criminal charge or otherwise for a period exceeding fortyeight
hours ;
(b) with effect from the date of his conviction if, in the event of a
conviction for an offence, he is sentenced to a term of imprisonment
exceeding forty-eight hours and is not forthwith dismissed or removed or
compulsorily retired consequent to such conviction.
Explanation:- The period of forty-eight hours referred to in clause (b) of
this sub-rule shall be computed from the commencement of the
imprisonment after the conviction and for this purpose intermittent
periods of imprisonment, if any shall be taken into account.
"(c) the order of suspension cease to be operative as soon as the criminal
proceedings, on the basis of which the Government Servant was arrested
and released on bail, are terminated",
(G.O. Ms. No. 27, G.A.(Ser.C) Dept., dt: 24.1.2002)
(3) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a Government servant under suspension is set
aside in appeal or on revision or review under these rules and the case is
remitted for further inquiry or action or with any other directions, the order
of his suspension shall be deemed to have continued in force on end from
the date of the original order of dismissal, removal, or compulsory
retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a Government servant is set aside or declared or
rendered void, in consequence of or by a decision of a court of law and
the authority competent to impose the penalty, on a consideration of the
circumstances of the case, decides to hold a further inquiry against him
on the allegations on which the penalty of dismissal, removal or
compulsory retirement was originally imposed, the Government servant
shall be deemed to have been placed under suspension by the authority
competent to impose the suspension from the date of the original order of
dismissal, removal or compulsory retirement and shall continue to remain
under suspension until further orders:
Provided that no such further inquiry shall be ordered unless it is
intended to meet a situation where the court has passed an order purely
on technical grounds without going into the merits of the case.
(5) (a) An order of suspension made or deemed to have been made
under this rule shall continue to remain in force until it is modified or
revoked by the authority which made or is deemed to have made the
order or by an authority to which that authority is subordinate.
(b) Where a Government servant is suspended or is deemed to have
been suspended, whether in connection with any disciplinary proceeding
or otherwise, and any other disciplinary proceeding is commenced
against him during the continuance of that suspension, the authority
competent to place him under suspension may, for reasons to be
recorded by him in writing, direct that the Government servant shall
continue to be under suspension until the termination of all or any of such
proceedings.
(c) An order of suspension made or deemed to have been made under
this rule may , at any time, be modified or revoked by the authority which
made or is deemed to have made the order or by any authority to which
that authority is subordinate.
(8) (1) A member of a Service may be placed under suspension from
service.
(a) where disciplinary proceeding against him is contemplated or is
pending, or
(b) where in the opinion of the authority competent to place the
Government servant under suspension, he has engaged himself in
activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under
investigation, inquiry or trial:
The proviso omitted, (G.O.Ms.No.417, GA (Ser,C) Dept., dt: 24-08-94)
"(d) A Government Servant may be placed under suspension from service
even if the offence for which he was charged does not have bearing on
the discharge of his official duties".
(G. O. Ms. No. 27, G.A. (Ser. C) Dept., Dt. 24-1-2002.)
(2) A Government servant shall be deemed to have been placed under
suspension by an order of the authority competent to place him under
suspension.
(a) With effect from the date of his detention, if he is detained in custody,
whether on a criminal charge or otherwise for a period exceeding fortyeight
hours ;
(b) with effect from the date of his conviction if, in the event of a
conviction for an offence, he is sentenced to a term of imprisonment
exceeding forty-eight hours and is not forthwith dismissed or removed or
compulsorily retired consequent to such conviction.
Explanation:- The period of forty-eight hours referred to in clause (b) of
this sub-rule shall be computed from the commencement of the
imprisonment after the conviction and for this purpose intermittent
periods of imprisonment, if any shall be taken into account.
"(c) the order of suspension cease to be operative as soon as the criminal
proceedings, on the basis of which the Government Servant was arrested
and released on bail, are terminated",
(G.O. Ms. No. 27, G.A.(Ser.C) Dept., dt: 24.1.2002)
(3) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a Government servant under suspension is set
aside in appeal or on revision or review under these rules and the case is
remitted for further inquiry or action or with any other directions, the order
of his suspension shall be deemed to have continued in force on end from
the date of the original order of dismissal, removal, or compulsory
retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from
service imposed upon a Government servant is set aside or declared or
rendered void, in consequence of or by a decision of a court of law and
the authority competent to impose the penalty, on a consideration of the
circumstances of the case, decides to hold a further inquiry against him
on the allegations on which the penalty of dismissal, removal or
compulsory retirement was originally imposed, the Government servant
shall be deemed to have been placed under suspension by the authority
competent to impose the suspension from the date of the original order of
dismissal, removal or compulsory retirement and shall continue to remain
under suspension until further orders:
Provided that no such further inquiry shall be ordered unless it is
intended to meet a situation where the court has passed an order purely
on technical grounds without going into the merits of the case.
(5) (a) An order of suspension made or deemed to have been made
under this rule shall continue to remain in force until it is modified or
revoked by the authority which made or is deemed to have made the
order or by an authority to which that authority is subordinate.
(b) Where a Government servant is suspended or is deemed to have
been suspended, whether in connection with any disciplinary proceeding
or otherwise, and any other disciplinary proceeding is commenced
against him during the continuance of that suspension, the authority
competent to place him under suspension may, for reasons to be
recorded by him in writing, direct that the Government servant shall
continue to be under suspension until the termination of all or any of such
proceedings.
(c) An order of suspension made or deemed to have been made under
this rule may , at any time, be modified or revoked by the authority which
made or is deemed to have made the order or by any authority to which
that authority is subordinate.