Dear friends,
It is a temporary deprivation of office of Government servant. But the contract of service not terminated since the government servant is paid subsistence allowance during suspension.
Since suspension is not a penalty article 311 has no application in this case.Also it is not a quasi judicial order hence no need of issuing show cause notice .
All disciplinary authority have the power to suspend the government servant. When an authority lower than the appointing authority suspends a government servant the matter must be informed to the appointing authority forthwith.
As per rule 10(1) of CCS CCA Rules 1965 a government servant may be placed under suspension on the following conditions.
a) where a disciplinary proceedings against him is contemplated or pending or
b). Where in the opinion of the competent authority , he has engaged himself in activities prejudicial to the interest of the security of state or
c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
Public interest should be the guiding factor in deciding to place a government servant under suspension. Since the suspended employee is paid with subsistence allowance without doing any work or duty the disciplinary authority should exercise the power after due consideration of mind. Also the suspension would tarnish the image of the employee in public life which will be a loss of refutation in the society. His exoneration at a later stage can not restore the loss of refutation.
Suspension may at any time be modified or revoked by the authority made it.
DEEMED SUSPENSION.
As per rule 10(2) to 10(4) of CCS CCA Rules 1965 deemed suspension maybe invoked to the employee under following conditions.
a) with effect from the date of his detention ,if he is detained in custody, whether on criminal charge or otherwise, for a period exceeding forty eight hours.
b) with effect from the date of his conviction,if ,in the event of a conviction for an offence ,he is sentenced to a term of imprisonment exceeding forty eight hours and not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation: The period of forty eight hours referred to in clause (b) of this sub rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose ,intermittent periods of imprisonment ,if any ,shall be taken into account.
When the penalties of dismissal or removal or compulsory retirement is set aside on appeal or revision or review by the disciplinary authority ,deemed suspension is invoked from the date of dismissal or removal or compulsory retirement.
Normally suspension is effective from the date of order communicated to the employee. But while the employee is on leave ,the leave should be cancelled and the suspension order takes effect from the date of joining to duty.
Review Committee : By a review committee report the suspension may be extended further based on the circumstances of the case. However the review committee should give the report before ninety days of suspension period is lapsed.
Subsistence Allowance : As per FR 53 subsistence allowance is payable to the suspended employee is equal to his leave salary on half pay for the first three months. This may be enhanced or reduced after three months by a suitable amount not exceeding 50% of what he was drawing during the first three months.
Head quarters during suspension should be specified in the order. No leave should be granted and hence he is not eligible for LTC but his family is eligible.
Tenkasi. With Best wishes,
09.06.2018. G Mariappan.
It is a temporary deprivation of office of Government servant. But the contract of service not terminated since the government servant is paid subsistence allowance during suspension.
Since suspension is not a penalty article 311 has no application in this case.Also it is not a quasi judicial order hence no need of issuing show cause notice .
All disciplinary authority have the power to suspend the government servant. When an authority lower than the appointing authority suspends a government servant the matter must be informed to the appointing authority forthwith.
As per rule 10(1) of CCS CCA Rules 1965 a government servant may be placed under suspension on the following conditions.
a) where a disciplinary proceedings against him is contemplated or pending or
b). Where in the opinion of the competent authority , he has engaged himself in activities prejudicial to the interest of the security of state or
c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
Public interest should be the guiding factor in deciding to place a government servant under suspension. Since the suspended employee is paid with subsistence allowance without doing any work or duty the disciplinary authority should exercise the power after due consideration of mind. Also the suspension would tarnish the image of the employee in public life which will be a loss of refutation in the society. His exoneration at a later stage can not restore the loss of refutation.
Suspension may at any time be modified or revoked by the authority made it.
DEEMED SUSPENSION.
As per rule 10(2) to 10(4) of CCS CCA Rules 1965 deemed suspension maybe invoked to the employee under following conditions.
a) with effect from the date of his detention ,if he is detained in custody, whether on criminal charge or otherwise, for a period exceeding forty eight hours.
b) with effect from the date of his conviction,if ,in the event of a conviction for an offence ,he is sentenced to a term of imprisonment exceeding forty eight hours and not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation: The period of forty eight hours referred to in clause (b) of this sub rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose ,intermittent periods of imprisonment ,if any ,shall be taken into account.
When the penalties of dismissal or removal or compulsory retirement is set aside on appeal or revision or review by the disciplinary authority ,deemed suspension is invoked from the date of dismissal or removal or compulsory retirement.
Normally suspension is effective from the date of order communicated to the employee. But while the employee is on leave ,the leave should be cancelled and the suspension order takes effect from the date of joining to duty.
Review Committee : By a review committee report the suspension may be extended further based on the circumstances of the case. However the review committee should give the report before ninety days of suspension period is lapsed.
Subsistence Allowance : As per FR 53 subsistence allowance is payable to the suspended employee is equal to his leave salary on half pay for the first three months. This may be enhanced or reduced after three months by a suitable amount not exceeding 50% of what he was drawing during the first three months.
Head quarters during suspension should be specified in the order. No leave should be granted and hence he is not eligible for LTC but his family is eligible.
Tenkasi. With Best wishes,
09.06.2018. G Mariappan.
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