1000 TIT BITS ON DISCIPLINE -94
331. Importance of subsistence allowance
It is now settled that the right to life enshrined in Article 21 means something more than survival of animal existence, it includes the right to live with human dignity, right to have minimum subsistence allowance during suspension period pending disciplinary action including all aspects of life which goes to make a man’s file meaningful complete and worth living. As right of life includes right to livelihood and public employment is the source of living, the same cannot be taken away by any procedure which is not reasonable fair and just.
[Smt Mary Saikumari V SBI Vijayawada and another 1991(1) LLJ 356 SC]
332. If no conviction, the deemed suspension will be treated as duty
If deemed suspension in criminal cases does not culminate in conviction, the period of suspension is to be treated as duty.
DOPTOM No. 11012/16/85-Estt (A) dt. 10.01.1986, OM No. 35014/9/76-Estt dt. 08.08.1977.
333. There should be proper justification for an order of suspension
Suspension is not ordered in a mechanical automatic manner on happening of an act of misconduct. The relevant factors have to be considered which are, that the presence of the Government employee or the continuation in service of such Government servant is causing embarrassment to the administration or to the officer himself, his presence in the office would hamper the investigation or his continuation in service may have the effect of influencing the witnesses and collection of evidence against him.
[Kailash Chandra Gupta v. Union of India, CAT, Chandigarh Bench, 0.A.No.170 CH of 1999; date of Judgment 13.5.1995; 2/2000; Swamysnews 87.]
334. Suspension is the last resort
Suspension has to be taken recourse to as a last resort and only if the enquiry cannot be fairly and satisfactorily completed unless the delinquent employee is away from his post. Even then alternative arrangement by way of his transfer to some other post or place has also to be duly considered.
[Tukaram Yeswant Pawar (Dr.) v. Bhagwantrao Gaikwad (1988) 2 LLN 700.]
335. Suspension can be ordered if major penalty is to be awarded
Suspension should be resorted to only in case when a major penalty is likely to be imposed. Suspension for imposition of minor penalty is not justified.
[Union of India v. Jhaneendra Nath Deb (1991) 5 SLR 527.]
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