118. Knowledge Spectrum – Discipline Suspension - 34
89. Whether the reasons for suspension to be communicated?
A government servant placed under suspension has a right of appeal under Rule 23(i). This would imply that he/she should generally know the reasons leading to his/her suspension. In cases when a Government servant is suspended because a disciplinary case is pending or a case against him in respect of any criminal offence is under investigation, inquiry or trial, the order of suspension would itself mention the reasons and the Government servant would be aware of the reasons leading to his suspension.
90. Whether suspension can be made on the ground of contemplated disciplinary action? Whether reason for suspension be communicated?
Where a Government Servant is placed under suspension on the ground of “contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension would become aware of the reasons for his suspension without much loss of time. In some cases where it may not be possible for some reason or the other to issue the charge sheet within three months, reasons for suspension should be communicated to the Government servant concerned immediately on the expiry of the aforesaid time-limit prescribed for the issue of charge sheet, so that he may be in position to effectively exercise the right of appeal available to him under Rule 23(1) if he/she so desires. Where the reasons for suspension are communicated on the expiry of a time-limit prescribed for the issue of a charge sheet, the time limit of 45 days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.
The above procedure will not, however, apply to cases where a Government servant is placed under suspension on the ground that he has engaged himself in activities prejudicial to the interest of the security of the State.
91. Whether the election commission can order suspension?
Jurisdiction of Election Commission over Government servants deputed for election duties for ordering suspension and recommending disciplinary action.
One of the issues in Writ Petition© No.606/1993 in the matter of Election Commission V UoI & Others was regarding jurisdiction of Election Commission of India over the Government servants deputed for election duties. The Supreme Court by its order dated 21.09.2000 disposed of the said petition in terms of the settlement between the union of India and Election Commission of India. The said terms of settlement are as under:-
The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to:
a) Suspending any officer/official/police personnel for insubordination or dereliction of duty; b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; c) Making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission, within a period of 6 months from the date of the Election Commission’s recommendation. d) The GoI will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.
The implication of the disposal of the Writ Petition by the Supreme Court in terms of the above settlement is that the Election Commission can suspend any officer/official/police personal working under the Central Government or Public Sector Undertaking or an Autonomous Body fully or substantially financed by the Government for insubordination or dereliction of duty and the Election Commission can also direct substituting any officer/official/police personnel by another person besides making recommendations to the Competent Authority for taking disciplinary action for insubordination or dereliction of duty while engaged in the preparation of electoral rolls or election duty.
It is not necessary to amend the service rules for exercise of powers of suspension by the Election Commission in this case since these powers are derived from the provisions of section 13CC of the Representation of People Act, 1950 and section 28A of the Representation of People Act 1951 since provisions of these Acts would have overriding effect over the disciplinary rules. However, in case there are any conflicting provisions in an Act governing the disciplinary action, the same are required to be amended suitably in accordance with the terms of settlement given above..
Election Commission to be mandatorily consulted if the matter is decided to be closed on reply of the employee.
It shall be mandatory for the disciplinary authority to consult the Election Commission if the matter is proposed to be closed only on the basis of a written explanation given by the officer concerned to enable the Commission to provide necessary inputs to the disciplinary authorities before the disciplinary Authorities take a final decision.
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