1000 TIT BITS ON DISCIPLINE -93
325. Continuation of deemed suspension under rule 10(4)
Where a penalty of dismissal etc. from service imposed upon a Govt servant is set aside by a decision of the court of law (on technical grounds) and the disciplinary authority decides to hold further inquiry, the GS shall be deemed to have been placed under suspension from the date of the original order of dismissal under Rule 10 (4).
326. Deemed suspension as a result of detention
Where an official was placed under suspension as a result of his detention in Police custody for more than 48 hours and though convicted first by the trial court was acquitted further by Appellate court, the Govt servant is entitled to be reinstated into service with effect from the date of acquittal. (Deemed suspension order under section 10(4) cannot be applied in his case)
(SURINDER KUMAR V State of Himachala Pradesh (1984 Lab 1.c 746 (HP) High Court)
327. If no charge sheet is issued within 3 months, appeal can be made for revoking the suspension
In Para (e) of DG P & T’s letter No.201/43/76 Disc II dt 15.7.1976, it was prescribed that charge memo should be served within 3 months from the date of suspension. When this time limit is not followed, the Govt servant should submit an appeal for revocation of suspension if the review committee decided to extend the suspension without considering the DG P & T’s orders dated 15.7.1976, it should be a matter for appeal by Govt servant.
328. Suspension is not valid if it is not extended before 90 days
Rule 10 (7) prescribes that suspension order will not be valid if it is not extended before the expiry of period of first ninety days. As Rule 10 (5) (a) prescribes that the suspension order shall continue to remain in force until it is modified or revoked. As such, the invalid suspension order shall be treated as null & void automatically.
329. If ended with minor penalty, the suspension period will be treated as duty
The period of suspension should be treated as duty and the suspended official is entitled for full pay and allowances if the disciplinary proceedings end with minor penalty. According to Rule 54 B of F.R, the suspension is not justified if the disciplinary proceeding ends with minor penalty. This is the achievement of the National JCM which took up the subject in 1985 and got the rule amended in favour of staff in 1985.
330. Appeal against suspension to be made within 45 days from the receipt of reasons
\The right of appeal against the suspension is available under Rule 23 of CCS (CCA) Rules 1965. The appeal should be submitted within 45 days from the date on which reasons for suspension are communicated vide GOIMHA Dept per & trg OM No 35014/1/85 Estt (A) dt. 9.11.1982.
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