109. Knowledge Spectrum – Discipline SUSPENSION -25
65. What is suspension?
Suspension is a temporary deprivation of office. The contract of service is not terminated. However, the Govt. servant placed under suspension is not allowed to discharge the functions of his office during the period of his suspension. It is not a penalty under the CCS (CCA) Rules, 1965. It is only an intermediate step. However, it visits the Government servant with civil consequences. An appeal lies against the order of suspension (under Rule 23(i)) and the employee is entitled to receive subsistence allowance during the period of suspension.
An order of suspension should be made with considerable amount of care and thought. The number of suspended officials is to be kept at the minimum. Hence, before placing a Govt. servant under suspension, it should be found out whether the purpose could be achieved by transferring him to an other place or asking him to go on leave, etc.
66. Who can suspend? (Rule 10(1)
Before passing an order of suspension, the authority proposing to make the order should verify whether it is competent to do so. An order of suspension made by an authority not competent do so is illegal and will give cause of action for:
a) Setting aside of the order of suspension; and b) Claim for full pay and allowances
The following authorities are empowered to place a Govt. servant under suspension:-
(i) Appointing authority or any authority to which the Appointing authority
is subordinate.
(ii) Disciplinary authority.
(ii) Any other authority empowered in this behalf by the President of India
by general or special order.
Whenever an Authority, lower than the Appointing Authority places a Govt. servant under suspension, the circumstances leading to suspension must be communicated to the Appointing Authority forthwith. However, such report need not be made in the case of an order of suspension made by the Comptroller and Auditor General in respect of a member of the Indian Audit and Accounts service and also in respect of a holder, other than a regular member of the Indian Audit and Accounts Service, of a post of Assistant Accountant General or equivalent.
Illustration: For the post of Assistant of Central Secretariat Service (CSS), ‘President’ is the appointing authority. However, ‘Secretary’ of the cadre authority is the disciplinary authority for imposition of the minor penalty. If the Secretary places an Assistant under suspension, then the circumstances leading to suspension must be communicated to the Appointing Authority.
Persons on deputation- [Rule 20 and Rule 21] Where the services of a Government servant are lent by one department to another department or borrowed from or lent to a State Government or an authority subordinate thereto or borrowed from or lent to a local authority or other authority, the borrowing authority can suspend such Government servant under Rule 20. The lending authority should however, be informed forthwith of the circumstances leading to the Order of suspension
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