63. KNOWLEDGE SPECTRUM - DISCIPLINE - FAQ
93. Due to erroneous or without basis, an official is detained by police and placed under deemed suspension. If there is no conviction, whether the deemed suspension period will be treated as duty for all purposes or not?
As per the DOPT OM No. 11012/16/85-Estt (A) dt. 10.01.1986, in case of deemed suspension ceases to exist; the revocation of the suspension should be automatic. In all such cases, the deemed suspension under Rule 10 (2) may be treated as revoked from the date the cause of the suspension itself ceases to exist i.e., the Govt. servant is released from police custody without any prosecution having been launched. As such it will be treated as duty for all purposes.
94. Whether an employee who is under suspension can be compelled to attend the office and mark attendance?
During the period of suspension, a direction to the employee to attend the office and mark attendance at the office daily during the working hours is illegal.
(MHA OM No. 142/2/83-Adv I dt. 06.04.1983)
95. Whether the officer performing current duties can place on official under suspension?
Suspension pending investigation into alleged misconduct etc does not amount to a penalty. Hence he can place an official under suspension. However he cannot pass any final orders in the disciplinary cases keeping them pending till the return of the competent authority.
(DG P&T STB 112/23/49 dt. 15.12.49 & dt. 26.02.1951)
96. What is the guidelines in issue of orders while fixing responsibility on Contributory factor of an official?
It is necessary that the disciplinary authorities word these orders carefully and in conformity with the language of the rule. In other words, they must contain a clear finding on the following points:-
(i) That the Govt. servant was responsible for a particular act or acts of negligence or breach of orders or rules and
(ii) That such negligence and/or breach of orders or rules caused the loss.
It is of course necessary that the punishment order should discuss the case fully so as to clearly bring out that the finding/findings have been arrived at after the punishing authority has applied his mind thereto.
Post a Comment