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

31. What are all the circumstances to revoke the order of suspension?

·        An order of suspension may be revoked in the following circumstances:

·        When it is decided not to proceed against the GS under Rule 14 of the CCS(CCA) Rules.

·        When the final order passed is other than dismissal, removal or compulsory retirement.

·        When the GS is exonerated of the charges against him

·        When the Appellate authority modified the order into one other than dismissal, removal, or compulsory retirement;

·        When it is decided not to file a charge-sheet in the court

·        If the departmental appeal in a higher court against the acquittal of the GS fails.

 

32. Whether the headquarters of the suspended official can be changed?

·        The headquarters of a GS under suspension can be changed by the competent authority if the Government will not have to bear extra-expenditure like TA etc.

·        Also, the change of headquarters should not create difficulty in investigation, inquiry, etc.

 

33. Whether the reason for suspension shall be communicated to the delinquent official? If so what is the time limit?

·        Normally, an order of suspension contains the reasons for suspension, like the pendency of a disciplinary case against the GS, investigation of a criminal case, etc.

·        But when a GS is suspended for contemplated disciplinary proceedings, he has no chance of knowing the exact reasons for his suspension.

·        These will be known when a charge-sheet is issued to him within the prescribed period of 3 months.

·        If the charge-sheet is not issued within 3 months, the Disciplinary authority should communicate to the GS the reasons for his suspension so that the GS can prefer an appeal within 45 days.

·        The time-limit of 45 days will count from the date on which the reasons for suspension are communicated.

 

34.  Whether an official under suspension can tender resignation?

·        The resignation of a GS under suspension is not generally accepted.

·        If the alleged offences do not involve moral turpitude, or the quantum of evidence is not enough to justify his removal or dismissal, or the proceedings are going to be protracted involving huge expenditure, the competent authority may accept the resignation

·        (For Group C and D employees, approval of the Head of the Department i.e. PMG/CPMG is required; for Group A and Group B officers, approval of the Minister)

35. Whether resignation letter can be withdrawn before its acceptance?

A letter of resignation can be withdrawn after its submission, but before acceptance by the competent authority, or before it has become effective (that is, before relief of the GS). The competent authority may or may not allow withdrawal of the resignation.