GOVERNMENT OF KARNATAKA
No.DPAR 12 SDE 83 Karnataka Government Secretariat,
Vidhana Soudha
Bangalore, dated the 4th March 1985
OFFICIAL MEMORANDUM
Sub: Suspension of Govt. servants and their promotions pending inquiries-Instructions regarding.
No.DPAR 12 SDE 83 Karnataka Government Secretariat,
Vidhana Soudha
Bangalore, dated the 4th March 1985
OFFICIAL MEMORANDUM
Sub: Suspension of Govt. servants and their promotions pending inquiries-Instructions regarding.
The para relating to period for which suspension should be continued pending investigation/inquiry, in the O.M. No. DPAR 12 SDE 83 dated 21st April 1984, shall be substituted by the following:
The period of suspension should be limited as indicated below:-
(a) Where a Government servant is placed under suspension before the commencement of investigation into the allegations against him, he should be reinstated in service if the investigation is not completed within 6 months from the date of suspension. In such a case, if at the end of investigation a prima facie case is established, there is no objection to suspend him again before commencement of inquiry/trial.
(b) Where a Government servant is placed under suspension when the investigation is in progress, or at any time between conclusion of the investigation and commencement of inquiry/trial he should be reinstated in service if the inquiry/trial is not commenced within three months from the date of suspension;
(c) Where a Government servant is placed under suspension when the investigation/inquiry/trial is in progress or at any time between conclusion of the investigation and commencement of inquiry/trial, the period of his suspension should not extend beyond nine months from the date of commencement of the inquiry/trial or from the date of suspension whichever is later;
(d) The periods laid down in (a), (b) and (c) above for continuing a Government servant under suspension are only outer limits and do not prevent the appropriate authorities from reinstating the Government servant earlier if circumstances of the case warrant. Where a Government servant has been suspended by any authority other than the Government, the provisions of sub-rule (6) of rule 10 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 should be complied with.
The period of suspension should be limited as indicated below:-
(a) Where a Government servant is placed under suspension before the commencement of investigation into the allegations against him, he should be reinstated in service if the investigation is not completed within 6 months from the date of suspension. In such a case, if at the end of investigation a prima facie case is established, there is no objection to suspend him again before commencement of inquiry/trial.
(b) Where a Government servant is placed under suspension when the investigation is in progress, or at any time between conclusion of the investigation and commencement of inquiry/trial he should be reinstated in service if the inquiry/trial is not commenced within three months from the date of suspension;
(c) Where a Government servant is placed under suspension when the investigation/inquiry/trial is in progress or at any time between conclusion of the investigation and commencement of inquiry/trial, the period of his suspension should not extend beyond nine months from the date of commencement of the inquiry/trial or from the date of suspension whichever is later;
(d) The periods laid down in (a), (b) and (c) above for continuing a Government servant under suspension are only outer limits and do not prevent the appropriate authorities from reinstating the Government servant earlier if circumstances of the case warrant. Where a Government servant has been suspended by any authority other than the Government, the provisions of sub-rule (6) of rule 10 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 should be complied with.
sd/-
M.M. Naik
Joint Secretary to Government,
Department of Personnel & Admnv. Reforms,
(Service Rules)
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