Sunday, 16 October 2022

Conduct & Disciplinary Rules – 140

Conduct & Disciplinary Rules – 140

 Disciplinary Rules – An introduction

6 According to Rule 10 (7) introduced in 2007, order of suspension is valid only for the first 90 days. It is not valid after 90 days in case if it is not extended after the review for the further period before the expiry of 90 days. This rule is a protection to ill-fated Government servants who are under suspension.   

7 Normally a Government servant is being placed under suspension as a first step and thereafter, the authority concerned is collecting evidences for justifying the suspension. A minor penalty proceeding will not justify for any suspension and later the entire period of suspension shall have to be treated as duty for all purposes. Therefore, the authority attempts to collect evidences to frame major penalty charges inviting Rule 14 inquiry. In this process, the authorities use to cause delay in issuing the charge memo. The department has prescribed time limit for issue of charge memo after suspension. Accordingly the total period of suspension both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. To some extent, this is also the protection extended to the charged Govt servants. If framing the charge memo is delayed more than 6 months from the date of suspension, the affected Govt servant shall have the right to submit an appeal to higher authority for revoking suspension.    

8 The All India service Rules provides that normally a charge sheet should be given to the delinquent within 45 days from the date of suspension; whereas no such provision of time limit has been provided in the CCS (CCA) Rules 1965.   

9 In the case of A.S. Krishnamachary Vs. U.O.I 1993 (1) LLJ (CAT) 195 Bangalore, it was decided that since charge sheet was not issued even after the period of more than 6 months from the date of suspension, on the ground of disciplinary proceedings, the delay is inordinate in giving the charge sheet and therefore, the impugned order of suspension was quashed. There are many such Judgements from CAT, Madras Bench during the last year.

     The above judgments can be utilized by the affected official if and when the suspension is prolonged without issue of charge memo.   

10 According to Rule 10 (2), a Govt servant shall be deemed to have been placed under suspension by an order of appointing authority. (a) With effect from the date of his detention, if he is detained in custody, whether on criminal charge or otherwise, for a period exceeding 48 hours.

11 The deemed suspension order issued under sub Rule 10 (2) will not have any effect automatically after the period of detention comes to an end. After the release of the Govt servant on bail, he cannot be ordered to be under deemed suspension under Rule 10 (2) (refer the judgment of CAT, Jaipur Bench dated 16.4.2001 MOA 286 of 2003 (D.L. VERMA and others V U.O.I). The official should be placed under suspension under Rule 10 (1). Otherwise, he can claim reinstated.

12 A suspension order issued under Rule 10 (1) ends with date of dismissal, removal or compulsory retirement consequent on the issue of a penalty order. If the appointing authority or reviewing authority set aside such penalty order with directions for further enquiry or action, the order of suspension shall be deemed to have been continued in force, or and from the date of the original order of dismissal etc. and shall remain in force under Rule 10 (3) 


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