SUSPENSION

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 SCHEME OF
PRESENTATION

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 What is suspension?
 Who can suspend ?
 When can suspend?
 What is deemed suspension?
 Entitlements during period of
suspension
 Other administrative effects of
suspension
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 WHAT IS SUSPENSION?

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 Is suspension a type of penalty?
 Suspension is temporary deprivation of
office for the Govt. servant
 Provisions scattered across several rules

 Majorly in Section 10 of CCS (CCA) Rules,

1965
 FR 53, FR 54, FR 55 are also applicable

 Suspension is not a penalty – but is to be

resorted sparingly
 Both Govt as well as Govt servant lose…..
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 WHO CAN SUSPEND?

 Appointing authority or any authority to which it is

subordinate
 Disciplinary Authority

 Any other authority empowered in this behalf by the

President by a general or special order

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 WHEN CAN A GOVT SERVANT BE
SUSPENDED?
 A disciplinary proceeding is contemplated or pending;
 In the opinion of the competent authority, he has engaged in
activities prejudicial to the interest of the security of the state
 A case against him in respect of any criminal offence is
under investigation, inquiry or trial
 Involved in dowry death and case is registered under section
304(B) of IPC
 Desertion of duty
 Refusal or deliberate failure to carryout written orders

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 CIRCUMSTANCES WHICH JUSTIFY
SUSPENSION
 Involved in any offence or conduct involving moral turpitude
 Corruption, embezzlement or misapprpriation of Govt funds

 Amassed disproportionate assets

 Involved in serious negligence

 The Govt servant is likely to hamper the proceedings e.g.

tampering with the evidence
 When his continuation in office is likely to affect office
discipline
 When he is involved in a scandal and it is necessary to
demonstrate Govt’s intention to deal firmly with the situation
 When his continuation in office is against public interest

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 SUSPENSION INEVITABLE?

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 Other options to be thought off
 Transfer from that particular seat/division

 Transfer from that office

 Suspension is lose-lose situation

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 DEEMED SUSPENSION [RULE 10(2) TO (5) ]
 Deemed to have been suspended by the AA -
 From the date of detention, if detained in custody for a
period exceeding 48 hours
 From the date of conviction, in case of conviction leading to
imprisonment for a period exceeding 48 hours
 From the date of punishment, if penalty of dismissal,
removal or compulsory retirement imposed on a person
under suspension is set aside in appeal or review and further
action is ordered
 From the date of punishment, if penalty of dismissal,
removal or compulsory retirement is set aside by a Court
and further inquiry is ordered

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 DEEMED SUSPENSION… CONTD..

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 Two important conditions for application of Rule 10
(4):
 Setting aside of order of dismissal, removal or
Compulsory Retirement is a consequence of court order
 The DA must decide to hold fresh enquiry on the same
allegations….
 Rule 10 (5): order of suspension made or deemed to
have been made will remain in force unless revoked
or modified
 Multiple proceedings…..

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 9/7/22 04:52:46 AM
ENTITLEMENTS
DURING
SUSPENSION

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 SUBSISTENCE ALLOWANCE-F.R.53
 Payment subject to non-employment
certificate
 For the first three months
 Allowance equal to leave salary on half pay leave
 DA on the subsistence allowance
 HRA as admissible before suspension
 After three months,
 allowance can be increased or decreased up to 50%
of the original, depending upon whether the period
of suspension has been prolonged due to reasons
directly attributable to the Government servant
 Only some of the normal deductions are
permitted from subsistence allowance 11

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 DEDUCTIONS FROM SUBSISTENCE
ALLOWANCE?
o Income tax,
o House Rent,
o Electricity & water charges,
o Installments of repayment of loans and
advances, if necessary at revised rates,
o CGHS contribution, and
o Contributions towards CGE Group Insurance
Scheme
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 DEDUCTIONS FROM SUBSISTENCE
ALLOWANCE? CONTD…

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 Premium due to PLI, cooperative
societies and refund of GPF advance
with the CONSENT of the Govt servant

 Subscriptions to GPF, amount due on

court attachments and recovery of loss
caused to the Govt cannot be deducted

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 SUSPENSION-HOW LONG?
 Order of suspension under Rule 10(1) or 10(2)
shall not be valid after 90 days
 To be reviewed on the recommendations of
Review Committee
 Unless extended further before expiry of 90
days
 Extension of suspension shall not be for a
period > 180 days at a time
 No review required in case of deemed
suspension… if situation leading to deemed
suspension continues
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 ADMINISTRATIVE EFFECTS
 Govt servant is not supposed to attend office or mark
attendance
 Entry card is withdrawn

 Scooter or car advance cannot be granted

 HBA can be granted

 Govt servant can function as Defence Assistant

 Leave cannot be granted

 LTC can be granted only to the family members

 Govt servant retains lien on his post

 He cannot be sent on training, deputation etc.

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 ADMINISTRATIVE EFFECTS (CONTD)
 Resignationof a Govt servant under suspension
can be accepted only in public interest if:-
 charges do not involve moral turpitude
 available evidence is not likely to lead to removal or
dismissal
 the proceedings are likely to be very protracted and it
would be cheaper to the Govt to accept the resignation
 Can be accepted with the approval of Minister-in-charge
in case of Gr.A and B officers and Head of Deptt in case
of other officers
 Sealed cover procedure to be followed if he becomes
eligible for consideration for promotion etc.
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 OTHER ADMINISTRATIVE EFFECTS
 Permission for Voluntary retirement can be denied by the
competent authority
 Suspended Govt servant will retire on attaining the age of
superannuation, if due for the same
 Subsistence allowance shall stop. Paid only provisional
pension
 Leave encashment can be withheld if there is possibility
of some money becoming recoverable as a result of the
proceedings
 Permission can be given to appear in Departmental
Examination, but promotion will be considered only after
finalisaiton of proceedings
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 REVOCATION OF SUSPENSION

 Order can be revoked at any time by the competent

authority
 Automatically comes to an end if penalty of
dismissal, removal or compulsory retirement from
service is imposed
 In case of death during suspension, it is presumed
that there was no suspension at all and full pay and
allowances are to be paid

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 ACTION AFTER REINSTATEMENT (RULE 10)

 Three possibilities – Exoneration, Imposition of Minor

Penalty or other than these two
 Order for regularisation of period of suspension has to be
issued at the end of suspension period
 Period has to be treated as duty if the suspension was
wholly unjustified
 Order regarding pay and allowances payable for the period
of suspension has also to be issued
 Full pay and allowances may be given if the suspension was
wholly unjustified

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 SUSPENSION - MISCELLANEOUS

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 Order to normally indicate grounds for
suspension
 In case of contemplated proceedings, charge
sheet to be served within 3 months
 If not served, reasons if not communication
earlier to be conveyed to the Government servant
 Order of suspension is appealable

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9/7/22 04:52:46 AM
QUESTIONS?
ANY

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