1000 TIT BITS ON DISCIPLINE -81
279. Withdrawal/dropping of Charges
It is a settled law that it is always open to disciplinary authority to withdraw a reference for disciplinary proceedings [R. Marakaiah v. Tribunal, AIR 1962 A.P. 303; State v. Parsa Singh, AIR 1967 Punjab 238]. Disciplinary authority has, in fact, inherent power to amend, substitute or drop a charge, at any time. Various disciplinary rules also provide that no inquiry is normally necessary where charges have been admitted by charged employee. This position has been confirmed by GOI. DP&AR O.M. No. 11012/2/79-Estt.(A), dated 12.3.1981.
In a case where the Central Vigilance Commission was consulted before the charge sheet was issued, the Commission should be consulted again before it is withdrawn [DP&AR O.M. No. 11012/8/82-Estt. (A), dated 8.12.1982).
280. Suspension can be ordered:-
1. Where a disciplinary proceeding is contemplated or pending,
2. Where in the opinion of the authority, the government servant is engaged in activities prejudicial to the interest of security of the state,
3. Where a criminal case is under investigation, enquiry or trial. Rules 10(1)(a), (aa) (b) of CCS (CCA) Rules.
4.After investigation, the records should be examined to see if there is case prima facie for initiation of disciplinary proceedings. This is the appropriate stage to decide if the government servant is to be placed under suspension or not.
(Rule 3 of P&T Manual Vol. III.).
281. Grounds for suspending a government servant:
1. There must be a strong prima facie case,
2. The offence should be of such serious nature that dismissal will be the probable punishment if proved guilty, or pending decision in this case, it is not advisable to continue the government servant in office for strong reasons
(Rule 17 (b) of P&T Manual-III),
3. When the conduct of the official affects office discipline,
4. His offence involves moral turpitude, relates to corruption including possession of disproportionate assets, embezzlement of considerable amount.
MHA letter No. 43/56/64-AVD dt. 22.10.1964. (Rule 17 of P&T Manual Vol.III.).
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