1000 TIT BITS ON DISCIPLINE -90
310. Counting period of suspension as duty for various purposes
F.R. 54-B(5) prescribes that the Appointing authority shall decide whether the period of suspension shall count as duty for various purposes, such as increment, leave, pension etc., and if so to what extent. Though the rule does not say so, the C.A.T. has held that before taking the decision, the Appointing authority should issue a notice to the Government servant affording him reasonable opportunity of being heard and thereafter pass a speaking order (Rajinder Pal Chawla v. Safderjang Hospital, New Delhi (OA-2333/2000 decided by the Principal bench on 25.4.2001].
311, Converting period of suspension into leave
It is permissible if two conditions are satisfied. firstly, the employee applies for the leave, and secondly, the leave sanctioning authority grants it. In such a case the stigma of suspension goes away but the employee is entitled to only leave salary during the period. If this necessitates any recovery from the subsistence allowance already paid, it has to be made and cannot be waived [F.R. 54-B(7)],
312. Where suspension is revoked during the inquiry
In such cases the competent authority must pass specific and appropriate orders under F.R. 54-B(6). 54-B(6)
313. Law of Limitation.
The law of limitation is not applicable to orders under F.R. 54-B or similar rules.
314. Reason for suspension has to be communicated if charge sheet is not issued within three months
In case of suspension for contemplated disciplinary Action, if charge sheet is not issued within 3 months, the reasons for suspension should be communicated and the period of appeal of 45 days will commence from the date of communication of the reasons.
GIMHA OM No. 271/18/65 AVD dt. 07.09.1965 and CS (DOP) OM No. 39/39/70-Ests (A) dt. 04.02.1971.
Post a Comment