58. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
73. When can a Govt. servant be suspended?
When a disciplinary proceeding is contemplated or pending against him
When in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the state
When a case against him in respect of any criminal offence is under investigation, inquiry or trial
When he is involved in dowry death and case is registered under section 304(B) of IPC he shall be suspended as soon as he is arrested, irrespective of the period of detention, or as soon as the charge sheet is filed against him, whichever is earlier.
74. Circumstances which justify suspension.
When the Govt servant is likely to hamper the proceedings e.g. tempering with the evidence
When his continuation in office is likely to affect office discipline
When he is involved in a scandal and it is necessary to demonstrate Govt’s intention to deal firmly with the situation
When his continuation in office is against public interest
75. What is the period of review of the suspension? Whether the suspension can be continued beyond 90 days without any review?
As per All India Service Rules, a charge sheet should normally be given to the delinquent within 45 days from the date of suspension. But according to amended Rule 10 sub rule 6 & 7, the first suspension order will remain effective only for 90 days. Before expiry of 90 days suspension should be extended based on the recommendations of the review committee. Otherwise, the suspension order will lapse. The review committee can also recommend extension of suspension only up to 180 days at a time, otherwise the order is illegal and void.
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