KNOWLEDGE SPECTRUM - DISCIPLINE -8 -Purchase of immovable property, Circumstances one GS may be placed under suspension, Deemed suspension, Suspension order is given effect

    31. What is the rule on Intimation about purchase of immovable property?

·        Where a Government servant enters into a transaction in respect of movable property either in his own name or in the name of the member of his family, he shall, within one month from the date of such property exceeds two months basic pay of the Government servant:

·        Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is with a person having official dealings with him".

                    DOPT OM No. 11013/8/2010-Estt.(A) dated 09.05.2011)

32. Under what circumstances one GS may be placed under suspension?

·        The following guiding principles may be followed while placing a GS under suspension.

·        His continuance in office will prejudice investigation, trial or any enquiry (tampering with records, influencing witnesses, etc)

·        His continuance in office is likely to seriously subvert discipline in the office.

·        His continuance in office will be against the wider public interest (eg: when he gets involved in a corruption case or public scandal).

·        The preliminary enquiry has revealed a prima facie case against him justifying criminal or departmental proceedings which may lead to his conviction, dismissal, removal, etc.

·        He is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.

 

33. Whether formal orders are required for deemed suspension?

·        Though in cases of deemed suspension the suspension is automatic, issue of a formal order of suspension is necessary.

 

34. When the suspension order is given effect?

·        In case a GS has performed his duties on a particular day, suspension can be effective from the subsequent day.

·        If he is on leave, suspension should be given effect to only after he returns from leave.

 

35. When a GS who is under suspension is acquitted in a criminal case formal order of reinstatement is required?

 

·        When a GS who is under suspension is acquitted in a criminal case, an order from the competent authority is necessary to allow the GS to resume his duties.