1000 TIT BITS ON DISCIPLINE -88
303. Rule 10(3) vis-a-vis Rule 10(4) of CCS (CCA) Rules, 1965
There are three points of sharp contrast in the above said two sub-rules of rule 10 which are noteworthy. These are –
(i) It is obligatory under sub-rule (3) that the employee must have been under suspension on the date of original order of dismissal, removal or compulsory retirement; but no such condition is mentioned in sub-rule (4).
(ii) Though under sub-rule (3), further inquiry or action may relate to any matter; under sub-rule (4), it must relate to the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed; and
(iii) while the further inquiry or direction in the case of sub-rule (3) shall be by the Appellate or Reviewing authority, such decision in the case of sub-rule (4) shall be taken by the disciplinary authority itself.
304. Deemed Suspension under rule 10(2) is not limited to the period of detention only. It continues to be operative unless modified or revoked under rule 10(5)(C)
While considering the relevant provisions in rule 10 of the CCS (CCA) Rules, 1965, the Supreme Court has held – "The inevitable conclusion therefore is that the order in terms of Rule 10(2) is not restricted in its point of duration or efficacy to the period of actual detention only. It continues to be operative unless modified or revoked under Sub-Rule 5(c), as provided under sub-Rule 5(a)." [Union of India v. Rajiv Kumar, C.A. No.5007 of 2003 d. on 18.7.2003]: Consequent upon this decision, the Government of India also issued instructions vide. their O.M. No. 11012/8/ 2003-Estt. (A), dated 23.10.2003, to the same effect.
305. Date of effect of deemed suspension
Deemed suspension shall take effect, in various situations mentioned in para 30 above, seriatim
(1) in case of (i), from the date of detention;
(2) in case of (ii), from the date of imprisonment which has the effect of imprisonment crossing forty eight hours;
(3) the original order of suspension shall be deemed to continue; and
(4) from the date on which the original penalty was imposed
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