Friday, 28 October 2022

Conduct & Disciplinary Rules – 144

 Conduct & Disciplinary Rules – 144

3. What is Suspension?

Suspension means a temporary deprivation of the employee's functions or the right to discharge his duties but does not amount to lower down or reduction of his rank or status. Nor does he cease to be a member of Government service. The real effect is that though he continues to be a Government employee, he is not permitted to work and is paid only a "subsistence allowance", which is less than the salary and allowance to which he would have been entitled but for the suspension

4. When suspension can be ordered?

Suspension may be ordered:

1. Where a disciplinary proceeding is contemplated or pending,

2. Where in the opinion of the authority, the government servant is engaged in activities prejudicial to the interest of security of the state,

3. Where a criminal case is under investigation, enquiry or trial.  Rules 10(1)(a), (aa) (b) of CCS (CCA) Rules.

4.After investigation, the records should be examined to see if there is case prima facie for initiation of disciplinary proceedings. This is the appropriate stage to decide if the government servant is to be placed under suspension or not.

(Rule 3 of P&T Manual Vol. III.).

5. For suspending a government servant:

1. There must be a strong prima facie case,

2. The offence should be of such serious nature that dismissal will be the probable punishment if proved guilty, or pending decision in this case, it is not advisable to continue the government servant in office for strong reasons

(Rule 17 (b) of P&T Manual-III),

3. When the conduct of the official affects office discipline,

4. His offence involves moral turpitude, relates to corruption including possession of disproportionate assets, embezzlement of considerable amount.

MHA letter No. 43/56/64-AVD dt. 22.10.1964. (Rule 17 of P&T Manual Vol.III.).

5 No one should be suspended for petty breaches of discipline and for minor departmental offences. No one should be suspended unless he willfully disobeys orders, or if his retention would hamper the inquiries.

(Rule 17 of P&T Manual Vol. III).

6. Before deciding to place a government servant under suspension, the competent authority should consider if the purpose can be served by transferring him from the present post.

(DG P&Tletter No. 201/43/76-Disc.III LR dated 15.07.1976).

7. If the government servant is on leave or unauthorized absence from duty, suspension order will be effective from the day he reports for duty.

(Rule 17 of P&T Manual Vol.III).


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