1000 TIT BITS ON DISCIPLINE -113
431. When the final order is a minor penalty, issue of notice for regularization of the period of suspension is uncalled for, as there is no option, but, to treat the period as duty.
P.M.Joy X SPOs. OA 2/2002 Ernakulam DOJ 13.06.2002.
432. Acquittal by court after detention of 48 hours
Where an official was placed under suspension as a result of his detention in Police custody for more than 48 hours and though convicted first by the trial court was acquitted further by Appellate court, the Govt 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) Note SURINDER KUMAR V State of Himachala Pradesh (1984 Lab 1.c 746 (HP) High Court)
433. Suspension once revoked cannot be reviewed. A thing which does not remain in existence cannot be revoked.
Rajasthan High court in KALU SING H.V STATE of RAJASTHAN (2003) 3 SLR 102)
434. Reason should be recorded before suspension of an officer and such reasons must be communicated to the officer concerned.
S. Pandian Vs. U.O.I. (1991) 16 ATC 184, the CAT, Madras Bench
435. Whether the Format of the order of suspension is compulsory?
In all the cases the standard form may not fully meet the requirements of the particular case and hence the language of the order may have to suitably modified or adopting them to suit the requirement of the individual cases.
(DP & AR O.M.No.109/3/80-AVD-I dated 21.7.1980)
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