1000 TIT BITS ON DISCIPLINE -85
293. Can Suspension take Retrospective Effect?
It is clear that, ordinarily, order of suspension cannot take retrospective effect, except where the employee is not actually functioning in: his office, for instance, he is on leave or unauthorised absence or where on his order of dismissal or removal from service having been set aside, he is deemed to have been placed under suspension from the original date of dismissal or removal.
294. No need to furnish the reasons in the suspension orders
It is not necessary to mention the detailed circumstances leading to suspension in the order itself. It is also not necessary to state specifically that the order has been made in the public interest
[K.V. Narasimha Murthy v. Government of A.P., 1985 Lab. IC NOC 70].
295. Communication of reasons of Suspension to the employee concerned
The Government of India have decided that where charge sheet is not issued to an employee placed under suspension within three months, the reasons for suspension shall be communicated to him and the time-limit of 45 days for submission of the appeal shall count fresh from the date on which the reasons are so communicated. These orders do not apply to cases of suspension on the ground of engaging in activities prejudicial to the interests of the Security of State (DP&AR O.M. No. 35014/1/81-Ests. (A), dated the 9.11.1982). It is obvious that where reasons are communicated it must be done in an expressive manner so that the employee can exercise his right of appeal effectively.
296. Defiance of an Order of Suspension
If an employee with the knowledge that an order of suspension exists against him, attempts to defy it on any ground, he can be proceeded against departmentally, as his act would constitute a serious misconduct [Rameshwar v. Bharat Khand Textile Mfg. Co. Ltd., 1957 ICR 109]. The right course of action for him is to obey the order and to invoke departmental or legal remedies available to him.
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