1000 TIT BITS ON DISCIPLINE -100
361. Guiding principles for placing suspension
The following guiding principles may be followed while placing a GS under suspension.
His continuance in office will prejudice investigation, trial or any enquiry (tampering with records, influencing witnesses, etc)
His continuance in office is likely to seriously subvert discipline in the office.
His continuance in office will be against the wider public interest (eg: when he gets involved in a corruption case or public scandal).
The preliminary enquiry has revealed a prima facie case against him justifying criminal or departmental proceedings which may lead to his conviction, dismissal, removal, etc.
He is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.
362. Formal order of suspension is necessary for deemed suspension
Though in cases of deemed suspension the suspension is automatic, issue of a formal order of suspension is necessary.
363. Suspension can be given effect only on duty
In case a GS has performed his duties on a particular day, suspension can be effective from the subsequent day. If he is on leave, suspension should be given effect to only after he returns from leave.
364. If acquitted in criminal case, order is necessary to resume duties
When a GS who is under suspension is acquitted in a criminal case, an order from the competent authority is necessary to allow the GS to resume his duties.
365. An order of suspension may be revoked in the following circumstances:
(1) When it is decided not to proceed against the GS under Rule 14 of the CCS(CCA) Rules.
(2) When the final order passed is other than dismissal, removal or compulsory retirement.
(3) When the GS is exonerated of the charges against him
(4) When the Appellate authority modified the order into one other than dismissal, removal, or compulsory retirement;
(5) When it is decided not to file a charge-sheet in the court
(6) If the departmental appeal in a higher court against the acquittal of the GS fails.
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