112. Knowledge Spectrum – Discipline Suspension -28
71. What will be the provision under Rule 10(4) about deemed suspension when Court setting aside the order of compulsory retirement, removal, dismissal?
A Govt. servant might have been dismissed or removed or compulsorily retired from service and a court of law might have set aside the penalty order or declared such order void. In such a case, if the disciplinary authority holds further enquiry into the case, then such Govt. servant is deemed to have been placed under suspension from the date of the original order of punishment. Such order will remain in force until further orders. Further enquiry is to be held only if the Court has set aside the order of penalty on technical grounds (without going into the merits of the case). Further inquiry into the charges which have not been examined by the court can, however, be ordered depending on the facts and circumstances of the case.
72. What are all the two conditions attracting the sub rule 5 on deemed suspension?
There are two conditions which must be satisfied in order to attract the operation of Sub-rule (4) of Rule 10 of CCS (CCA) Rules, 1965. Firstly, the order of dismissal, removal or compulsory retirement must be set aside in consequence of a decision of a Court of Law. Secondly, the disciplinary authority must decide to hold a fresh enquiry on the allegations on which the order of dismissal, etc. was originally passed. (H. L. Mehra Vs. Union of India - AIR 1974 SC 1281).
73. What is the provision of Revocation of the order of suspension and the Review Committee?
The general rule is that an order of suspension made or deemed to have been made may at any time be modified or revoked by the competent authority(Rule 10(5)(c)].
The earlier position i.e. prior to 2004 was that unless the competent authority issued an order of revocation, the employee continued to remain suspended. This position has undergone a modification after amendment of the Rule 10 of the CCS (CCA) Rules and instructions issued in the year 2004iv and also in 2007v.The present position is that an order of suspension made or deemed to have been made will not be valid after a period of 90 days unless it is extended after review by the Review Committee constituted. This review has to be done before expiry of ninety days from the effective date of suspension. If it is decided to further continue the suspension, it shall not be continued beyond 180 days at a time. After 180 days, the review has to be done again. [Rule 10(6)]. Thus the constitution of Review Committee and review of the suspension has been given a statutory basis which prior to amendment of Rule 10 was governed by executive instructions.
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