Gist of CCS (CCA) Rules 1965 -2 Rule 10 Suspension

Rule, Procedure and Protection of Rights of employees

5. Part IV (Suspension) is an important portion in the CCS CCA Rules. It bears only one Rule No 10.

6. Suspension is not itself penalty. But it creates lasting damage to the reputation of an official. The power of suspension is vested with disciplinary authorities even though they are subordinate officer to the appointing authority. Such subordinate authority has to report forthwith to the appointing authority the circumstances in which the order was made as required under proviso to Rule 10 sub rule (1) clause (2). This is a kind of protection to Govt servants, But it is not enough to protect the Govt servant.

7. In the statutory Rule 10, it is not prescribed what the Appointing Authority should do on receipt of report as prescribed in proviso to Rule 10(1) clause (2) from the subordinate officer/disciplinary authority. There is a vacuum in the Rule. In practice, the Appointing Authorities are following the instructions contained in GOI, Department of personnel OM no 7/4/74 – Ests (A) dt 9.8.1974. “Only supervisory officers in offices located away from the Headquarters need be specifically empowered to suspend a subordinate officer in cases involving gross dereliction of duties. In order to prevent abuse of power the suspending authorities should be required to report the facts of each case immediately to the next higher authority and all such orders of suspension should become abinitio void unless confirmed by the reviewing authority within a period of one month from the date of issue of orders.”

8. This OM can not be treated as statutory Rule. The contents of OM do not mention the appointing authority. Instead, it mentions, reviewing authority as competent authority to confirm the order. Reviewing authority need not be appointing authority. Therefore, Rule 10 requires amendment to decide the facts of the report of the subordinate officers submitted to the Appointing Authority. This lacuna should be brought to the notice of the Government.

9. The judiciary has condemned. so many times the misuse of powers of suspension. The Government has also accepted this with instructions that power of suspension should be sparingly used. Now, the review committee has been prescribed under Rule 10 (7) to review the suspension cases before the expiry of 90 days. The same review committee should not allow unjustified suspension. During first 90 days without review and all suspension orders should be brought for review before expiry of 15 days from the date of suspension. The Rule 10 should be amended to protect the government servants from the vagaries of prejudiced officers who casually issue suspension orders to expose their power and authority.

10. According to Rule 10 (7) introduced in 2007, order of suspension is valid. Only for first, 90 days. It is not valid after 90 days. i.e it is not extended after review for further period before the expiry of 90 days. This rule is a protection to inflated Government servants who are under suspension

11. Normally a government servant is placed under suspension as a first step. Then only authority concerned is taking action to collect evidence for justifying suspension. A minor penalty case will not justify suspension. Therefore, the authority tries to collect evidence to frame major penalty charge inviting Rule 14 inquiry; In this process, authorities delay the issue of charge memo. The department has prescribed time limit for issue of charge memo after suspension. Accordingly total period of suspension both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. To some extent, this is a protection of right of Govt servants. If charge memo is delayed more than 6 months from the date of suspension the affected Govt servant should submit an appeal to higher authority for revoking suspension.