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No.11018/01/2023-AIS-III
Government of India
Ministry of Personnel, Public
Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 15th June, 2023
To,
The Chief Secretaries of all
the States / UTs,
Subject: Clarification under Rule 3(2) of AIS (D&A) Rules,
1969 – reg.
Sir/Madam,
I am directed to refer
to Rule 3(2) of AIS (D&A) Rules, 1969 and to say that this Department has
been receiving a number of queries regarding the issue of deemed suspension and
the requirement of confirmation of suspension by the Central Government.
2. In this context, reference is invited
to Rule 3(2) of AIS (D&A) Rules, 1969, which provides that ” a
member of the Service who is detained in official custody whether on a criminal
charge or otherwise for a period longer than forty-eight hours, shall be deemed
to have been suspended by the Government concerned under this rule”
3. The matter has been
examined in light of 3(2) of AIS(D&A) Rules, 1969, Accordingly, it is
clarified that in the cases of deemed suspension under Rule 3(2), the
confirmation of suspension by Central Government is not required for the period
that the Government Servant remains in detention/custody.
The question of
confirmation of suspension would arise only when, after release from
detention/custody, the Government intends to continue with suspension. In this
event, if period of suspension exceeds 30 days, the confirmation of suspension
order by Central Government as envisaged under Rule 3(1) will be required
within 30 days from the date of release or the date on which the fact of his
release comes to the knowledge of the Government.
4. The aforesaid clarification may kindly
be brought to the notice of all officials / authorities concerned for necessary
action.
5. This issues with the approval of
Competent Authority.
Yours faithfully,
(Ram Lakhan)
Under Secretary to the Government of India
Tel. No. 011-23093479
Copy to:
- The Secretary, Ministry of Home
Affairs, New Delhi.
- The Secretary, Ministry of
Environment, Forest & Climate Change, New Delhi.
- The Joint Secretary, (UTS – I),
Ministry of Home Affairs, North Block, New Delhi.
