REINSTATEMENT

The action of giving someone back a position

they have lost.
APPEAL
An appeal is one which is preferred to the appropriate Appellate
Authority against an order of penalty. Right to appeal has been
provided in certain other cases:-
Suspension
Payment of subsistence allowance during suspension.
Regulation of pay and allowances for period of suspension
and/or unemployment , on reinstatement.
PROCEDURE SEQUENCE

SUSPENSION

APPEAL/REVISION/REVIEW

REINSTATEMENT
Appeal has to be preferred within 45 days of receipt of the order
appealed against ,direct to the Appellate Authority and appeal should
contain all material statements and arguments which the appellant
relies.
Appellate Authority may pass such order as it deems just and equitable
considering the facts.
REVISION

After failed to avail of appeal facility> Departmental remedy is

available.
Revisional Authorities can start proceedings on receiving an
application from the official.
It can impose even higher penalty on the official after investigation
through enquiry.
REVIEW
The President can make a review of any order passed earlier,
including an order passed in revision, when any new fact or material
which has the effect of changing the nature of the case, comes to his
office.
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.
CIRCUMSTANCES OF REINSTATEMENT IN SERVICE

• Detention in police custody ,erroneous or without basis, ends in

release without persecution, deemed suspension ceases.
•Under suspension pending departmental proceedings ,on the
withdrawal of proceedings for any reason.
•Under suspension pending criminal proceedings ,if acquitted by a court
of law and if it is decided not to proceed further departmentally.
•On the setting aside of an award of compulsory retirement
/removal/dismissal by a court of law or by the Appellate/Revising
Authority.
Note:-
Reinstating Authority’s orders include
1. Specific decision on treatment of period of suspension up to
reinstatement, compulsory retirement,removal or dismissal as
spent on duty or not.
2. Specific decision on the quantum of pay and allowances for said
period.

Full pay and allowances admissible:-

 Reinstatement on full exoneration in departmental proceedings

 Official’s acquittal on merits of the case in court proceedings.
 When suspension is held to be wholly unjustified.
 Minor penalty is awarded.
 Detention under a law providing for preventive detention is held by
the Competent authority to be unjustified.
Case of deemed suspension on grounds of detention found to be erroneous and no
prosecution is launched.
Official’s death while under suspension.

Proportionate Pay and Allowances

In cases of full exoneration in departmental proceedings, suspension
is wholly unjustified> when held that termination of proceedings
instituted against official had been delayed for reasons attributable to
him.
Non compliance with the requirements of Article 311 when
departmental as well as criminal proceedings are going on.
When suspension is not held wholly unjustified.
Note:- The amount is directed and decided by the Reinstating
Authority.