113. Knowledge Spectrum – Discipline Suspension -29
74. What is the provision of the Review Committee?
Detailed orders have also been issued by DoPT on 7/1/2004vi wherein each Department has been requested to set a Review Committee to review cases of suspension. The Review Committee may take a view regarding revocation/ continuation in view of the facts and circumstances of the case and also taking into account that unduly long suspension, while putting the employee concerned to undue hardship, involve payment of subsistence allowance without the employee performing any useful service to the Government. Without prejudice to the foregoing, if the officer has been under suspension for one year without any charges being filed in a court of law or no charge-memo has been issued in a departmental enquiry, he shall ordinarily be reinstated in service without prejudice to the case against him.
However, in case the officer is in police/judicial custody or is accused of a serious crime or a matter involving national, security, the Review Committee may recommend the continuation of the suspension of the official concerned.
75. Under what circumstances review is not required in case of deemed suspension?
It may, however, be noted that no review as mentioned above will be necessary in cases of orders of deemed suspension under Rule 10(2) when the Government servant continues to be under detention. Similarly in cases of ‘deemed suspension, due to situations mentioned in para 4, the order of suspension shall continue to remain in force until it is modified or revoked.
Case law: In the case of Union of India V Dipak Mali [C.A.No.6661 of 2006 date of judgment 15.12.2009] the Supreme Court confirming the judgments of CAT and the High Court held that the suspension had lapsed in terms of rule 10(7) as it was neither reviewed nor extended. The respondent in this case who was working in the Gun Carriage Factory, Jabalpur was placed under suspension on 10.8.2002. But the suspension was not reviewed as required by sub-rule (6) of Rule 10 which took effect from 2.6.2004.[Union of India V Dipak Mali C.A.No.6661 of 2006 date of judgment 15.12.2009]
76. What is the Duration of the order of suspension-Rule 10(6) and 10(7) ?
Though suspension is not a punishment, it constitutes a great hardship for a Government servant. It also involves payment of subsistence allowance without the employee performing any useful service to the Government. In fairness to him/her, the period of suspension should be reduced to the barest minimum. As per the latest rule position mentioned above, the order of suspension (other than deemed suspension) could initially be for a maximum period of 90 days which if not continued by the review committee automatically stands revoked. If continued further by the competent authority on the recommendation of the review committee, it can be for a maximum period of 180 days at a time.
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