1000 TIT BITS ON DISCIPLINE -83
286. Suspension order would become void abinitio if not confirmed by the appropriate authority
Supervisory officers in field offices located outside the HQ may be empowered to place officers subordinate to them under suspension by issuing special orders in the name of the President but fact of such cases should be reported to the next higher authority immediately and the order would become void abinitio if not confirmed by the reviewing authority.
(DOP OM No. 714174, Estt (A) dt. 09.08.1974).
287. Charge sheet should be issued within six months maximum period
Charge sheet should be filed in court or served on the government servant within 3 months of suspension and the total period of suspension should not ordinarily exceed 6 months. Where it is not possible, the case should be reported to the next higher authority who should give appropriate direction to the disciplinary authority.
(MHA OM No. 221/18/65, AVD dt. 07.09.1965) as amended through OM No. 39/39/70-Ests (A) dt. 04.02.1971, 39/33/72 Est (A) dt. 16.12.1972, 1101217176 Est (A) dt. 14.09.1978, 4201/7/83-Estt (A) dt. 18.02.1984.
288. Suspension for involvement in “dowry death”.
As the Government takes a very serious view of offences against women, it has been decided that where a case is registered by the Police against a government servant under Section 304-B, Indian Penal Code, and the government servant is arrested, he shall be placed under suspension immediately irrespective of the period of his detention. If he is not arrested, he shall be placed under suspension immediately on submission of a police report under Section 173(2), Cr.P.C. to the Magistrate, if the report prima facie indicates that the offence has been committed by the government servant
(DOP&T O.M. No. 11012/8/87-Estt.(A), dated the 22nd June, 1987).
289. Where Suspension may be justified
Earlier, the extent of powers available to the authorities competent to suspend has been outlined. However, even where such a situation does exist, the power to place under suspension should be used judiciously and sparingly. The reason is that suspension is an exception, not the rule. It does not mean that an authority should hesitate to order suspension even in a deserving case. All we wish to emphasize is that the requirements of public interest should be weighed clearly and suspension should be ordered only in a case where its requirements leave one with no other option. The reason is that though suspension is not a penalty, its effects are more injurious than even some of the penalties. It also puts a stigma on the employee, which does not get fully washed away even if employee is subsequently exonerated and re-instated. The Government is also a loser because it has to pay huge amounts by way of subsistence allowance without taking any work from the employee.
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