114. Knowledge Spectrum – Discipline Suspension -30
77. If an officer has been under suspension for one year without any charges being filed in a court of law or not charge memo has been issued in a departmental enquiry, whether he can be reinstated in the case of deemed suspension?
The review Committee may take a view regarding revocation/continuation of the suspension keeping in view the facts and circumstances of the case. If an officer has been under suspension for one year without any charges being filed in a court of law or not 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.
78. Whether Suspension can be ordered in minor penalty cases ?
On the conclusion of the disciplinary proceedings, if a minor penalty is imposed, suspension is regarded as unjustified and full pay and allowances and other consequential benefits are given to him and the period of suspension is treated as duty.
79. Whether any Format of the order of suspension is prescribed?
A government servant can be placed under suspension only by a specific order in writing by the Competent Authority. A standard form in which the order should be made is given in part-II
In cases of deemed suspension under Rule 10(2), 10(3) or 10(4), suspension will take effect automatically even without a formal order of suspension. However, it is desirable for purposes of administrative record to make a formal order (Standard form in Part-II).
Format may have to be modified to fully meet the requirements of the individual case.
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