Tuesday, July 12, 2011

Suspension of Government Servants and their promotions pending inquiries instructions regarding.

GOVERNMENT OF KARNATAKA
Personnel and Administrative Reforms Department

OFFICIAL MEMORANDUM

No. DPAR 12 SDE 83, BANGALORE DATED THE 21st APRIL, 1984.

Sub:- Suspension of Government Servants and their promotions pending inquiries instructions regarding.

In the O.M.No. GAD 21 SSR 65 dated 26-2-1965 certain guidelines were issued indicating certain circumstances under which Government servants might be placed under suspension, Government have further examined this matter and in modification of the earlier instructions the following instructions are issued for the guidance of the appointing/disciplinary authorities.
Circumstances under which Government servants may be placed under suspension:
(i) Where an accused Government servant if continued in service is likely to temper with witnesses or documents, shifting him to another station or post should first be considered. If it is still apprehended that he is likely to temper with witnesses or documents, he should be placed under suspension.
(ii) When a Government servant is prosecuted for any offence committed in the course of his duty and which involves moral turpitude;
(iii) Government servants caught red-handed while receiving illegal gratification;
(iv) In certain situations where continuance of Government servant in service during investigation/inquiry is considered not desirable, the Government servant may be given the option to proceed on leave. Alternatively, he may be placed under suspension;
(v) When the Vigilance Commission recommends placing a Government servant under suspension, the recommendation should be examined in the light of points (i) to (iv) above and decision taken accordingly.
Period for which suspension should be continued pending investigation/inquiry
The period of suspension should be limited as indicated below:
(a) Where a Government servant is placed under suspension pending investigation, if investigation is not completed within six months, he should be reinstated. In such a case, if at the end of the investigation a Prima facie case is established there would be no objection to suspend him again pending inquiry/trial.
(b) Where suspension is ordered or continued pending inquiry or trial, suspension should be revoked if inquiry/trial is not commenced within three months or the inquiry/trial even though commenced within 3 months, is not completed within nine months from its commencement.
Promotion of Government Servants Against whom inquiries are pending.
In O.M. No. GAD (SI) 56 SSR 59 dated 9/10/59 as modified in O.M No. GAD 80 SSR 65 dated 11/4/66 it was clarified that unless a Government servant is placed under suspension the mere fact that a departmental inquiry is pending against him, is no bar for considering his case for promotion. In further amplification of these instructions Government servant against whom inquiry is pending may be considered for promotion without reference to the pending enquiries and if he is otherwise found to be eligible, he should be promoted subject to the condition that the promotion would be reviewed at the conclusion of the inquiry based on the findings in the inquiry.
The Secretaries to the Government and Heads of Department are requested to follow these instructions and to bring them to the notice of all the appointing authorities/disciplinary authorities/suspending authorities under their administrative control.

sd/-
M.M. Naik
Deputy Secretary to Government,
Department of Personnel & Admnv.
Reforms, (Service Rules)

1 comment:

  1. Dear sir, I am working in university. I am suspended from 8/3/2018 and till today, inquiry committee has not been formed. The authorities issued one show cause notice and I have submitted my written statement. Till today they have not served article of charges to me and not conducting inquiry. Please give me suggestion what is to be done by me.
    Thanking you sir.

    ReplyDelete