1000 TIT BITS ON DISCIPLINE -92
320. Grant of leave during suspension
FR 55 prohibits the grant of leave to a GS under suspension. So, it is obvious that the GS cannot avail himself of the LTC facility. His family members can.
321. Attendance at the office during suspension
It has held by the Andhra Pradesh High Court that during the period of suspension a direction to attend the office and make attendance at the office daily during working hours is illegal
(MHA OM No. 142/2/83/ADV-I dated 06.04.1983)
322. Allowing admission into office of a suspended official
The intention of putting an official under suspension is defeated if such an official is allowed free access into the office. Of course, if the official has to represent any aspect of his case, or any personal matter to the Head of the Office, he should be provided with the necessary facilities. But on no account should such an official under suspension be allowed free access into an office.
(D.G. P &T's letter No 58-10/72-C1, dated the 24th February, 1972.]
323. If charge sheet is not issued even after six months, the suspension orders is quashed
In the case of A.S. Krishnamachary Vs. U.O.I 1993 (1) LLJ (CAT) 195 Bangalore, it was decided that since charge sheet was not issued even after the period of more than 6 months from the date of suspension, on the ground of disciplinary proceedings, the delay is inordinate in giving the charge sheet and therefore, the impugned order of suspension was quashed.
324. Deemed suspension protection under Rule 10(3)
The important point in the Rule 10 (3) is that a Govt servant should have been placed under suspension at the time of dismissal and then only it shall be deemed to have been continued from the date of dismissal. If he had been on duty on the date of dismissal, Rule 10 (3) cannot be applied. This is also a protection ensured in the rules to the Govt servant.
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