30th June retirees case - Supreme Court passed comments- noncompliance costs as well as interest may be imposed.

  Disciplinary Rules – An introduction

 13 The important point in the Rule 10 (3) is that a Govt servant should have been placed under suspension at the time of dismissal and then only it shall be deemed to have been continued from the date of dismissal. If he had been on duty on the date of dismissal, Rule 10 (3) cannot be applied. This is also a protection ensured in the rules to the Govt servant.   

14 Where a penalty of dismissal etc. from service imposed upon a Govt servant is set aside by a decision of the court of law (on technical grounds) and the disciplinary authority decides to hold further inquiry, the GS shall be deemed to have been placed under suspension from the date of the original order of dismissal under Rule 10 (4).

15 Where an official was placed under suspension as a result of his detention in Police custody for more than 48 hours and though convicted first by the trial court was acquitted further by Appellate court, the Govt servant is entitled to be reinstated into service with effect from the date of acquittal. (Deemed suspension order under section 10(4) cannot be applied in his case) Note SURINDER KUMAR V State of Himachala Pradesh (1984 Lab 1.c 746 (HP) High Court)   

16 According to Rule 10 (5) (a) order of suspension shall continue to remain in force until it is revoked by the competent authority. Suspension once revoked cannot be reviewed. A thing which does not remain in existence cannot be revoked. This contention is supported by one judgment of Rajasthan High court in KALU SING H.V STATE of RAJASTHAN (2003) 3 SLR 102)

17 Rule 10(6) provides that Review Committee constituted for this purpose can pass orders either extending or revoking suspension and in case of extension of suspension, it shall not be for a period exceeding 180 days at a time.

18 The time limit prescribed for the period of extension is, of course, a protection. But this is not at all sufficient. The reason for the decision to extend the period of suspension by the review committee should be communicated to the Govt servant as well as the order of the review committee and this should find a place in the Rule. When suspension is appealable, the reason for suspension should be known to Govt servant enabling him to prepare his appeal which is one of the reasonable opportunities under the principles of natural justice which should not be denied.

19 When suspension is appealable, extension of suspension should also be made appealable. Therefore the reason for the extension of suspension should be recorded and communicated to the Govt servant so that the he may be able to submit an appeal against the orders of extension of suspension. In the case of S. Pandian Vs. U.O.I. (1991) 16 ATC 184, the CAT, Madras Bench held that reason should be recorded before suspension of an officer and such reasons must be communicated to the officer concerned. In the standard form presented for suspension order, under CCS (CCA) Rules 1965 there is no provision to record the reasons.

20 In Para (e) of DG P & T’s letter No.201/43/76 Disc II dt 15.7.1976, it was prescribed that charge memo should be served within 3 months from the date of suspension. When this time limit is not followed, the Govt servant should submit an appeal for revocation of suspension if the review committee decided to extend the suspension without considering the DG P & T’s orders dated 15.7.1976, it should be a matter for appeal by Govt servant.