Staff Rulings – 219
DISCIPLINARY RULES
DISCIPLINARY RULES
101. When can a Government servant be suspended?
A Government servant can be suspended when: A disciplinary proceeding is contemplated or pending against him; He has engaged himself in activities prejudicial to the interest of the security of the state; A case against him in respect of any criminal offence is under investigation, inquiry, or trial; He is involved in dowry death (under IPC section 304(B)) and shall be suspended as soon as he is arrested or the charge sheet is filed, whichever is earlier. (Rule 10 of CCS (CCA) Rules, 1965)
102. What is the time limit for the issue of a charge sheet after suspension?
A charge sheet should normally be given to the delinquent within 45 days from the date of suspension (as per All India Service Rules). The first suspension order is effective for only 90 days and must be extended based on the Review Committee's recommendations before expiry, otherwise it will lapse. (Rule 10 of CCS (CCA) Rules, 1965)
103. Whether the suspension can be prolonged without the issue of a charge sheet?
If no charge sheet is issued within one year, the suspension will be revoked automatically. Furthermore, if suspension is not revoked within 180 days and no charge sheet is issued, the delay is considered inordinate. (Rule 10 of CCS (CCA) Rules, 1965)
104. Whether the committee is competent to extend the suspension beyond 180 days at a time?
No. The Review Committee should not recommend continuing suspension beyond 180 days at a time. (Rule 10 of CCS (CCA) Rules, 1965)
105. Whether the suspension period will be treated as duty, when the official is acquitted by the court?
The period of suspension shall be treated as spent on duty for the purpose of drawal of full pay and allowances, even if the official is honourably acquitted or the criminal case is dropped. However, the period of suspension should technically be treated as "non-duty". (Rule 54-B of FR)
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