1000 TIT BITS ON DISCIPLINE -84
290. Departmental instructions issued by the Central Government vide. MHA Letter No. 43/56/64-AVD, dated 22-10-1964, provide that an order of suspension may be justified in the following situations.
i I. Any offence or conduct involving moral turpitude;
ii. Corruption, embezzlement or misappropriation of official money, possession of disproportionate assets, misuse of official power for personal gain;
iii. Serious negligence and dereliction of duty resulting in considerable loss to the Organization;
iv. Desertion of duty; and
v. refusal or deliberate failure to carry out written orders of the superior officers.
291. In addition to above, Central Vigilance Commission have also enumerated, vide. Instruction No. 2000/VGL/70, dated 25.9.2000, the following circumstances in which it may be appropriate to place a public servant under suspension -
i. the continuance of the public servant in office is likely to prejudice investigation, trial or inquiry (apprehending tampering with documents or witness]; or
ii. where the continuance in office of the public servant is likely to seriously subvert discipline in the office in which he is working;
iii. where the continuance in office of the public servant will be against the wider public interest, e.g., if there is a public scandal and it is considered necessary to place the public servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;
iv. where the investigation has revealed a prima-facie case justifying criminal/ departmental proceedings which are likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service; or
v. where the public servant is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.
292. When criminal charges are framed by a competent court against a Government servant.
The disciplinary authority should consider the desirability of placing such a Government servant under suspension, if he is already not under suspension [DP&AR O.M. No. 129/16/81-AVD.), dated 23-3-1981). Suspension should be ordered where serious charges have been framed by a criminal court, unless exceptional circumstances to the contrary exist [Niranjan Singh v. Prabhakar Rajaram Kharote, AIR 1980 SC 785).
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