The Government Employee's Suspension Can Not Be For An Indefinite Period

The Government Employee's Suspension Can Not Be For An Indefinite Period
The Supreme Court has said that suspension of government employees may not be for an indefinite period. It should be enough for a limited period. In response to this comment, the court canceled the cancellation of a six year old Kididai lane of IG. Justice AS Bobby's back said in his verdict that the government feels that the accused can bluff the Kanidai lock with evidence and if Akilas are there then they can be kept in another place. IG of Tamil Nadu Pramodikum was accused of accepting money from a company's directors Kanidai Lakkii. These directors were Akikas involved in investing Rs 1200 crore of investors. Kannidai Lakki was suspended for suspending the IG.

(1) Report of arrest to superiors by Government servants:-

It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.

[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]

State Governments have also been requested to issue necessary instructions to Police authorities under their control to send prompt intimation of arrest and/or release on bail etc. of Central Government servant to the latter’s official superiors.

(2) Headquarters of Government servant under suspension.

A question recently arose whether an authority competent to order the suspension of an official has the power to prescribe his headquarters during the period of suspension. The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs.

2. An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications.

3. The Ministry of Finance/etc. may bring the above to the notice of all concerned.

[M.H.A. O.M. No. 39/5/56-Ests. (A) dated the 8th September, 1956]

(3) How suspension is to be regulated during pendency of criminal proceedings, arrests, detention etc.

The case of suspension during pendency of criminal proceedings or proceeding for arrest, for debt or during detention under a law providing for preventive detention, shall be dealt with in the following manner hereafter:-

(a) A Government servant who is detained in custody under any law providing for preventive detention or a result of a proceeding either on a criminal charge or for his arrest for debt shall if the period of detention exceeds 48 hours and unless he is already under suspension, be deemed to be under suspension from the date of detention until further orders as contemplated in rule 10 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Government servant who is undergoing a sentence of imprisonment shall be also dealt with in the same manner pending decision on the disciplinary action to be taken against him.

(b) A Government servant against whom a proceeding has been taken on a criminal charge but who is not actually detained in custody (e.g., a person released on bail) may be placed under suspension by an order of the competent authority under clause (b) of Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. If the charge is connected with the official position of the Government servant or involving any moral turpitude on his part, suspension shall be ordered under this rule unless there are exceptional reasons for not adopting this course.

(c) A Government servant against whom a proceeding has been taken for arrest for debt but who is not actually detained in custody may be placed under suspension by an order under clause (a) of Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 i.e., only if a disciplinary proceeding against him is contemplated.

(d) When a Government servant who is deemed to be under suspension in the circumstances mentioned in clause (a) or who is suspended in circumstances mentioned in clause (b) is re-instated without taking disciplinary proceedings against him, his pay and allowances for the period of suspension will be regulated under FR 54 i.e., in event of his being acquitted of blame or if the proceedings taken against him was for his arrest for debt or it being proved that his liability arose from circumstances beyond his control or the detention being held by any competent authority to be wholly unjustified, the case may be dealt with under FR 54 (2), otherwise it may be dealt with under FR 54 (3).

[M.O.F. No. F.15(8)-E IV/57, dated 28th March, 1959]

(4) Circumstances under which a Government servant may be placed under suspension –

Recommendation No. 61, contained in paragraph 8.5 of the report of the Committee on Prevention of Corruption, has been carefully considered in the light of the comments received from the Ministries. It has been decided that public interest should be guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority, should have discretion to decide this taking all factors into account. However, the following circumstances are indicated in which a Disciplinary Authority may consider it appropriate to place a Government servant under suspension. These are only intended for guidance and should not be taken as mandatory:-

(i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);

(ii) Where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working;

(iii) Where the continuance in office of the Government servant will be against the wider public interest [other than those covered by (1) and (2)] such as there is public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;

(iv) Where allegations have been made against the Government servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or is being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.

IG That cat challenged the proceedings against him. Kate refused to intervene in a departmental measure but canceled her suspension Kannidai Laki. The official appealed in the Madras High Court. High Court suspends IG It also canceled the departmental proceedings of the opposition. The court said that the charge-sheets given to the officer did not get the permission of the Disciplinary Authority. Against this, the government appealed to the Supreme Court. The Supreme Court's Kannidai Lakhia Bench said that Rule 8 says that the charge-sheet will be made by the Anushasan Samiti. This rule can not be ignored. Large relief to employees This ruling received huge relief from Government Kanindai Lakshya Karmas. This does not mean that they have to suffer a longer sentence such as Suspension. Even before this, the court said that the suspension of a longer stretch is a disgrace. Supreme arrangement - Earlier, the Supreme Court had arranged that any government employee could not be suspended for more than 90 days in the absence of the chargesheet against him. - If the suspension is for an unsettled time, it takes a vindictive form. - If the charge sheet is not given to the accused officer or employee or if the charge sheet is given, then a detailed order should be given to increase the suspension term.

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