Saturday, July 2, 2011

Public Service-circumstances under which a Government servant may be placed under suspension-instructions regarding.

Sub:- Public Service-circumstances under which a Government servant may be placed under suspension-instructions regarding.
GOVERNMENT OF MYSORE
No.GAD 21 SSR 65 Mysore Government Secretariat,
Vidhana Soudha,
Bangalore, dated 26th Feb. 1965.
OFFICIAL MEMORANDUM
On the recommendation of the Committee on Prevention of Corruption, the Government of India, Ministry of Home Affairs have issued certain instructions, in their Confidential Official Memorandum No.43/56/64-AVD dated 22-10-1964, for consideration of the disciplinary authority as a guiding factor when Central Government Servants may be placed under suspension. Based on these instructions, the State Government have decided that while public interest should be the guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority should have the discretion to decide this taking all factors into account the following circumstances are indicated in which a disciplinary authority may consider it appropriate to place 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 enquiry (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 a 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 the preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental
proceedings, and whether the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.
NOTE:
(a) In the first three circumstances, the disciplinary authority may exercise his discretion to place a Government servant under suspension even then the case is under investigation and before a primafacie case has been established.
(b) Certain types of misdemeanor where suspension may be desirable in the four circumstances mentioned are 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 type of misdemeanour specified in sub-clauses (iii), (iv) and (v) discretion has to be exercised with care.
The Secretaries to Government and Heads of Department are requested to being the above instruction to the notice of all concerned confidentially for guidance.
sd/-
C.R.Sheshadri,
Deputy Secretary to Government
GAD., (POL., & O & M)

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