The Central Civil Services (Classification, Control & Appeal) Rules, 1965
Part IV Suspension
10. SUSPENSION:
(1)
The appointing authority or any authority to which it is subordinate or the
disciplinary authority or any other authority empowered in that behalf by the
President, by general or special order, may place a Government servant under
suspension-
(a)
where a disciplinary proceeding against him is contemplated or is pending; or
(aa)
where, in the opinion of the authority aforesaid, he has engaged himself in
activities prejudicial to the interest of the security of the State; or
(b)
where a case against him in respect of any criminal offence is under
investigation, inquiry or trial:
Provided
that, except in case of an order of suspension made by the Comptroller and
Auditor - General in regard to a member of the Indian Audit and Accounts
Service and in regard to an Assistant Accountant General or equivalent (other
than a regular member of the Indian Audit and Accounts Service), where the
order of suspension is made by an authority lower than the appointing
authority, such authority shall forthwith report to the appointing authority
the circumstances in which the order was made.
(2)
A Government 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 a criminal charge or otherwise, for a period exceeding forty-eight
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.
(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
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 and 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 disciplinary
authority, 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
Appointing Authority 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)
Subject to the provisions contained in sub-rule (7), 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 competent to do so.”
(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.
(6)
An order of suspension made or deemed to have been made under this rule shall
be reviewed by the authority competent to modify or revoke the suspension,
before expiry of ninety days from the effective date of suspension, on the
recommendation of the Review Committee constituted for the purpose and pass
orders either extending or revoking the suspension. Subsequent reviews shall be
made before expiry of the extended period of suspension. Extension of
suspension shall not be for a period exceeding one hundred and eighty days at a
time.
(7)
An order of suspension made or deemed to have been made under sub-rules (1) or
(2) of this rule shall not be valid after a period of ninety days unless it is
extended after review, for a further period before the expiry of ninety days:
Provided
that no such review of suspension shall be necessary in the case of deemed
suspension under sub-rule (2), if the Government servant continues to be under
suspension at the time of completion of ninety days of suspension and the
ninety days period in such case will count from the date the Government servant
detained in custody is released from detention or the date on which the fact of
his release from detention is intimated to his appointing authority, whichever
is later.”
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