Tuesday, July 12, 2011

Suspension of Government officials

No. DPAR 24 SSR 77, dated 16th August 1978

Sub:- Suspension of Government officials

Instance have come to the notice of Government of suspension of Government officials being ordered for specific periods and recommendations for continuing the suspension being received by Government after the expiry of the period of previous suspension. In a recent case, the High Court has held that if orders continuing the suspension are not issued on or before the expiry of the period of suspension, then such orders are in effective as the suspension lapses on the expiry of the period of suspension. For example, if an order was issued on 1st October 1976 suspending an official for a period of 6 months and if orders continuing the suspension are not issued on or before 1st April 1977, but are issued subsequently with a time gap, then the second order is ineffective and not enforceable and the official is deemed to be on duty from 1st April 1977.
Sub-rule (1) of Rule 10 of Karnataka Civil Service (Classification, Control and Appeal) Rules 1957 empowers an appointing authority or any authority to which it is subordinate or any authority empowered by Government to place a Government servant under suspension. Sub-rule (5)(a) says that such order of suspension shall continue to remain in force until it is modified or revoked by the authority competent to do so. A combined reading of Sub-rules (1) and sub-rule (5) (a) of rule 10 leaves no doubt about the fact that an order of suspension passed under sub-rule (1) of rule 10 may be for an indefinite period terminable only with the termination of the enquiry, unless the authority which passes the order of suspension or the authority competent to do so modified revokes the same acting under the clause (c) of sub-rule (5) of Rule 10. It is therefore clear that order or suspension passed under sub-rule (1) of rule 10, not specifying any period remains in force till it is modified or revoked. In cases where the period of suspension is specified, then orders continuing the suspension must be issued on or before the expiry of the period of suspension.
Sub-rule (6) of rule 10 is that if final orders in an enquiry are not passed within a period of 6 months from the date of suspension in the case of Government servant suspended by authority other than Government, the case has to be reported to Government for such order as Government may deem fit. An order of suspension for an indefinite period made under rule 10(a) automatically does not lapse after the period of 6 months.
All the officers are requested to follow these instructions strictly.

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