1000 TIT BITS ON DISCIPLINE -108
406. After bail there should be no deemed suspension
“The deemed suspension order issued under sub rule 10(2) will not have any effect automatically after the period of detention comes to an end. After the release of the Government Servant on bail, he cannot be ordered to be under deemed suspension under Rule 10 (2)
[DL Verma & ORS V UOI MOA 286 of 2003 CAT Jaipur Bench dtd 16.04.2001]
407. Reinstatement from the date of acquittal
“Where an official was placed under suspension as a result of his detention in police custody for more than 48 hrs and though convicted first by the trial court was acquitted further by Appellate Court, the Government 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 I.C 746 (HP) High court]
408. Extension of suspension should be made appealable.
“When suspension is appealable, extension of suspension should also be made appealable. Therefore, the reason for the extension of suspension should be recorded and communicated to Government Servant so that he may be able to submit an appeal against the orders of extension of suspension”
[S. Pandian V UOI (1991) 16 ATC 184 CAT (Madras Bench)]
409. Achievement of NJCM
“Suspension is not justified if the disciplinary proceeding ends with minor penalty. This is the achievement of NJCM which took up the subject in 1985 and got the rule amended in favor of staff in 1985.
[Rule 54B of FR]
410. The period review of suspension and continuation beyond 90 days without any review
As per all India Service Rules, a charge sheet should normally be given to delinquent within 45 days from the date of suspension. But in case of CCS CCA Rules according to amended Rule 10 Sub Rule 6 & 7 the first suspension order will remain effective only 90 days. Before expiry of 90 days suspension should be extended based on the recommendation of the review committee. Otherwise, the suspension order will lapse. The review committee can also recommend extension of suspension only up to 180 days at a time, otherwise the order is illegal and void.
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