1000 TIT BITS ON DISCIPLINE -99
356. If not extended within 90 days, it is invalid
Rule 10(7) states that an order of suspension made or deemed to have been made shall not be valid after a period of 90 days unless it is extended after review, for a further period before expiry of 90 days.
357. Constitution of Review Committee
The constitution of the Review Committee for Group C and D employees is as follows: 1) the Disciplinary Authority (2) the Appellate authority, and (3) an officer of the level of the Disciplinary or the Appellate authority from the same office or from another Central Government office, if an officer of the same level is not available in the same office. The Review Committee started functioning w.e.f. 03.04.2004. Consultation with the UPS is necessary before issue of final orders in all cases, both gazetted and non-gazetted employees.
358. Whether an authority higher than the competent authority can place an official under suspension?
No. He cannot place the official under suspension. He may suggest the competent authority as to the desirability of taking disciplinary action against the official concerned, thus leaving the question of placing the official concerned under suspension to be decided by the competent punishing authority.
[DG P&T No. SPB II/3/1951 dtd 03.05.1961]
359. Non payment of Subsistence Allowance vitiates exparte enquiry
If a GS under suspension is not able to attend the inquiry because of non payment of Subsistence Allowance (SA), the inquiry conducted against him ex parte will be interpreted as denial of reasonable opportunity of defending himself.
360. During suspension a GS cannot supplement his subsistence allowance by engaging himself in any other employment, business, or profession.
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