Conduct & Disciplinary Rules – 146

9. Suspension pending criminal charge involving moral turpitude

Suspension is ordered only in case of an offence of a serious nature involving moral turpitude and not for petty offences unrelated to morality or official duties of the public servant.

10.Deemed Suspension:

1. A government servant is deemed to have been placed under suspension by the appointing authority with effect from the date of his detention if he is in custody on criminal charge or otherwise for a period exceeding 48 hours.

2. With effect from the date of conviction, if he is convicted for a term of imprisonment exceeding 48 hours and if he is not forthwith dismissed, removed or compulsorily retired from service. (This is applicable only if imprisonment becomes effective).

(Rule 10 (2) of CCS(CCA) Rules 1965

Note: Government servant should intimate his arrest/detention to his superior officer promptly.

(MHAS OM No. 00/59/54-Ests (A) dt. 25.02.55)

3.  With effect from the date of dismissal, removal or compulsory retirement until further orders when such dismissal, removal or compulsory retirement is set aside by a court of law and the disciplinary authority decides to hold further enquiries.

Rule 10 (4) of CCS (CCA) Rules, 1965.

4. Government servants involved in cases of "Dowry death" should be placed under suspension or deemed to have been placed under suspension irrespective of the period of detention in the police custody

11. Continuation of suspension and deemed suspension:

1.        When a government servant under suspension, punished with dismissal, removal or compulsory retirement gets the punishment set aside on appeal or revision with direction to hold further enquiries or action, the original suspension will be deemed to have continued from the date of dismissal, removal or compulsory retirement until further orders.

Rule 10 (3) CCS(CCA) Rules.

2.        During the period of suspension under Rule 10 (1), if any other disciplinary proceedings is commenced, the competent authority may pass orders that the suspension will continue till the termination of all or any of such proceedings.

(Rule 10(5)(b) of CCS (CCA) Rules).

3.        If deemed suspension in criminal cases does not culminate in conviction, the period of suspension is to be treated as duty.

DOPTOM No. 11012/16/85-Estt (A) dt. 10.01.1986,

OM No. 35014/9/76-Estt dt. 08.08.1977.

12. Deemed suspension while not in service

Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an official under suspension is set aside in appeal or on review and the case is remitted for further inquiry or action or for any further 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.

Similarly when a penalty of dismissal, removal or compulsory retirement from service imposed upon an official 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 consideration of the circumstances of the case, decides to hold further inquiry against him on the allegation on which the penalty of dismissal, removal or compulsory retirement was originally imposed; the official shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement.