1000 TIT BITS ON DISCIPLINE -87
300. Review of the order of Suspension
Suspension must be restricted to barest minimum time. Most of the rules authorising suspension themselves provide that a constant watch should be kept on cases of suspension and review of the order undertaken at regular intervals. Certain rules prescribe such intervals also which must be adhered to. In other cases, the spirit of the rule and the requirement of law is that an order of suspension should be reviewed frequently and kept in force only for the period when it is absolutely essential to do so. It was also so directed by the Supreme Court in O.P. Gupta v. Union of India, AIR 1987 SC 2257.
However, unless the rule in terms of which suspension has been ordered so provides expressly failure to take up review in time shall not automatically render order of suspension as invalid or non est [Government of A.P. v. Sivaraman, AIR 1990 SC 1157; Director General of Police v. K. Ratnagiri, AIR 1990 SC 1423]
301. Duration and Review of suspension in case of Central Civil Services
Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, was amended on 23.12.2003 by inserting sub-rules (6) and (7). These amendments came into effect from 2.6.2004. The present position, as prescribed by these sub-rules is that the initial order of suspension shall lapse after 90 days unless extended on the recommendations of the Review Committee constituted for the purpose. The extension of suspension shall not be for more than 180 days at a time. Every review must be made during the currency of suspension.
Subsequently, sub-rule (7) was amended vide. Notification No. 11012/4/2003Estt.(A), dated 6.6.2007, and it was provided that in case of deemed suspension under sub-rule (2), no review shall be necessary if the Government servant remains under detention for the period of ninety days. In such cases the period of ninety days for review will count from the date the Government servant is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.
302. Deemed Suspension
'Deemed Suspension is a situation wherein an employee is deemed to have been placed under suspension by an order of the appointing authority, on the happening of some contingency specified in the rules. The various disciplinary rules provide for the following such situations
i. Where the employee is detained in custody for a period exceeding 48 hours. The suspension takes effect from the date of detention. Though the Police authorities send such intimations, the employees are also bound, by departmental instructions, to inform their controlling authorities about arrest and detention, even for periods less than 48 hours.
ii. Where an employee is convicted by a court of law, sentenced to imprisonment exceeding 48 hours and he actually undergoes imprisonment for more than 48 hours, broken periods counting.
iii. Where a penalty of dismissal, removal or compulsory retirement from service is set aside by a departmental authority but with further directions relating to the same or any other matter, provided the employee was originally under suspension on the date of penalty. The deemed suspension takes effect from the date of penalty.
iv. Where a penalty of dismissal, removal or compulsory retirement is set aside by a court of law on technical grounds and the department decides to hold further inquiry in the same matter. The deemed suspension shall take effect from the date on which the original penalty was imposed.
It is noteworthy that while in case of (iv) above, further action must relate to same charge on which penalty was imposed, this condition is not there in (iii) above.
Insofar as Central Civil Services are concerned, the position at (i) to (iv) above are based on the provisions of Sub-rules 2(a), 2(b), 3 and 4 of Rule 10 respectively of the C.S (CCA) Rules, 1965.
Post a Comment