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

RULE 10 SUSPENSION

1.SALIENT FEATURES OF SUSPENSION

Rule 10 of CCS (CCA) Rules, 1965, provides as follows:

(1)     Suspension is not a penalty

(2)     As per rule, a Government servant may be placed under suspension where a disciplinary proceeding against him is contemplated or is pending.

(3)     A Government servant who has engaged himself in activities prejudicial to the interest of the security of the State.

(4)     A Government servant may be placed under suspension if any criminal offence is under investigation, inquiry of trial against him.

(5)     A Government servant is to be deemed to have been placed under suspension if he is detained in custody for a period exceeding 48 hours.

(6)     Suspension can be resorted to only in cases of serious nature and in public interest.

(7)     Rule 10 of the CCS (CCA) Rules, 1965, was amended during the year 2003. As per that amendment and subsequent instructions of Government of India (2004)

(i)      Review Committees are to be formed for review of pending cases of suspension;

(ii)     An order of suspension shall be reviewed by the Review Committee before expiry of 90 days of suspension;

(iii)   Subsequent reviews shall be made before expiry of the extended period of suspension which should not be for a period exceeding 180 days at a time;

(iv)   An order of suspension shall not be valid after 90 days unless it is extended;

(v)     If an officer has been under suspension for one year without any charges being filed in a Court of Law or no charge memo, has been issued in a departmental inquiry, he shall ordinarily be reinstated in service, except in a case where an officer is in police/judicial custody or is accused of a serious crime or matter involving national security. 

2. Subsistence allowance admissible during suspension:

F.R. 53 provides for payment of subsistence allowance, as follows:

(i) Quantum payable: A suspended Government servant is entitled for the first three months to Subsistence Allowance at an amount equal to leave salary which he would have drawn if he had been on leave on half-pay with appropriate Dearness Allowance.

(ii) Increase/decrease of Subsistence Allowance: The Allowance may be increased by a suitable amount not exceeding 50% of the initial sum, if the suspension is prolonged due to circumstances not directly attributable to the Government servant. It may be decreased if the proceeding against the suspended Government servant is prolonged for reasons directly attributable to him.

(iii) Certification of non-employment: Subsistence Allowance is payable only if the suspended official furnishes a certificate every month that he was not engaged in any other employment, business, profession or vocation and the payment cannot be denied on any other ground.