1000 TIT BITS ON DISCIPLINE -105
386. The suspended government servant may act as AGS in disciplinary cases.
DG P&TIr.No.201/15/75 - Disc. Il dt.03.07.1975.
387. Full pay for suspension period if minor penalty is awarded
Where the departmental proceedings ended with the imposition of minor penalty against a suspended employee, the suspension can be said to be wholly unjustified in term of FR 54(B). Therefore, the employee concerned should be paid full pay and allowance for the period of suspension. The DOPT OM No.11012/15/85-Estt(A) dtd 03.1.1985 confirms that full pay and allowance would be admissible for the suspension period if minor penalty is awarded.
388. If no charge sheet is issued within one year of suspension?
As per OM No.11012/4/2003.Estt. (A) dtd 07.01.2004, if no charge sheet is issued within one year, the suspension will be revoked automatically. However, if the suspension is not revoked within 180 days and there is no charge sheet issued, the delinquent official is fortified with then CAT judgement in the case of AS Krishnamachari V UOI 1993(i) LIL(CAT) 195 Bangalore which held that if no charge sheet is issued even after 6 months, the delay is inordinate and therefore the impugned order of suspension is quashed. We may approach CAT in such cases.
389. For trivial lapses, suspension can be avoided
For trivial lapses suspension can be avoided unless if it feared that his presence may cause hindrance to disciplinary proceedings and influencing evidence.
[Dr. (Smt) Kajal Bajpai V Secy. Min. of Communication & Information Technology & others OA No.439/2013 dtd 22.11.2013 of CAT Bombay]
390. Suspension for activities prior to appointment
Suspension with ground arrest and detention 2 ½ year ago before joining the Department cannot be sustained.
[Shri Krishnan V Secy Min. of Fin. Dept. Dept. of Revenue New Delhi OA No.522/2012 dtd 27.06.2013 of CAT Bombay]
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