F. No. 11012/17/2013-Esti.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Establishment Division
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Establishment Division
North Block, New Delhi — 110001
Dated November 18th 2014
Dated November 18th 2014
OFFICE MEMORANDUM
Subject: Central Civil Service (Classification, Control and
Appeal) Rules, 1965 — Instruction regarding timely review of suspension
Rule 10 of the Central Civil Services (Classification,
Control and Appeal) Rules, 1965, deals with the provisions of suspension. As
per the rule, a Government servant may be placed under suspension, in the
following circumstances:
(a) where a disciplinary proceeding against him is
contemplated or is pending; or
(b) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
(b) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
2. A Disciplinary Authority may also consider it appropriate
to place a Government servant under suspension in the following circumstances.
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 (i) and (ii)] 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.
(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 (i) and (ii)] 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.
3. In the first three circumstances the Disciplinary
Authority may exercise his discretion to place a Government servant under
suspension even when the case is under investigation and before a prima facie
case has been established. Suspension may be desirable in the circumstances
indicated below:-
(i) any offence or conduct involving moral turpitude;
(ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers In respect of the types of misdemeanor specified in sub-clauses (iii) and
(v) discretion has to be exercised with care.
(ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers In respect of the types of misdemeanor specified in sub-clauses (iii) and
(v) discretion has to be exercised with care.
3. Rules 10(6) and 10(7) of the CCS (CCA) Rules, 1965, deal
with review of the suspension cases. The provision for review within ninety day
is applicable to all types of suspensions. However, in cases of continued
detention, the review becomes a mere formality with no consequences as a
Government servant in such a situation has to continue to be under deemed
suspension. A review of suspension is not necessary in such cases.
4. It has been brought to the notice of this Department that
in cases of prolonged suspension period, the courts have pointed out that the
suspension cannot be continued for long and that inspite of the instructions of
DoP&T, the Disciplinary Authorities are not finalizing the disciplinary
proceedings within the stipulated time. Also, in such cases the Government is
unnecessarily paying subsistence allowance without extracting any work and if,
on the culmination of the disciplinary proceedings, the charged officer is
exonerated from the charges, the Government has to unnecessarily pay the full
salary and treat the period of suspension as on duty etc.. It is, therefore,
desirable that timely review of suspension is conducted in a just and proper
manner and that the disciplinary proceedings are finalized expeditiously.
5. All Ministries/ Departments are requested to bring the
existing instructions on timely review of suspension and expeditious completion
of disciplinary proceedings to the notice all concerned under their control.
(J.A.Vaidyanathan)
Direct(Establishment)
Direct(Establishment)
