Gist of CCS (CCA) Rules 1965 -3 Rule 10 Suspension & Deemed suspension

Rule, Procedure and Protection of Rights of employees

12. The All India service Rules provide that normally a charge sheet should be given to the delinquent within 45 days from the date of suspension. So, in the CCS (CCA)  Rules 1965 also, such time limit should be prescribed.

13. In the case of A.S. Krishnamachary V. U.O.I 1993 (1) LLJ (CAT) 195 Bangalore, it was decided that since charge sheet was not issued even after the period of more than 6 months from the date of suspension, on the ground of disciplinary proceedings, the delay is in ordinate in giving the charge sheet and therefore, the impugned order of suspension was quashed.

14. The above judgment can be utilized by the affected official if and when suspension is prolonged without issue of charge memo.

15. According to Rule 10 (2). A Govt 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 criminal charge or otherwise, for a period exceeding 48 hours.

16. The deemed suspension order made under sub Rule 10 (2) will not lose effectiveness automatically after the period of detention envisaged comes to an end. After the release of the Govt servant on Bail he cannot be ordered to be under deemed suspension under Rule 10 (2) (refer judgment of  CAT, Jaipur Bench dated 16.4.2001 MOA 286 of 2003 (D.L. VERMA and others V U.O.I) The official should be placed under suspension under Rule 10 (1). otherwise, he can claim reinstatement.

17. Suspension made under Rule 10 (1) ends with date of dismissed, removal or compulsory retirement which may a penalty order. If the appointing authoriy or review authority set aside such penalty order with directions for further enquiry or action, the order of suspension shall be deemed to have continued in force, or and from the date of original order of dismissal etc. and shall remain in force under Rule 10 (3)

18. Important point in following Rule 10 (3) is that Govt servant should have been under suspension at the time of dismissal and then only it shall be deemed to have 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 a protection to the Govt servant.

19. Where a penalty of dismissal etc. from service imposed upon a Govt servant is set aride by a decision of 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 form the date of original order of dismissal under Rule 10 (4)

20. Where an official was placed under suspension as a result of his detention in Police custody for more than 48 hours and though convicted by trial court was acquitted by Appellate court, the Govt servant is entitled to be reinstated in service w.e.f 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)

21. According to Rule 10 (5) (a) order a suspension shall continue to remain in force until it is revoked by the authority competent to do so. 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)

22. Rule 10(6) provides that Review committee constructed for this purpose can pass orders. either extending or revoking suspension and extension of suspension shall not be for a period exceeding 180 days at a time.