GOVERNMENT OF KARNATAKA
No.DPAR 22 SSR 78. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 29th December 1979.
CIRCULAR
No.DPAR 22 SSR 78. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 29th December 1979.
CIRCULAR
Clarifications are being sought in several cases as to when an order suspending a Government Servant from duty takes effect and when an order revoking the order of suspension comes into force, and on other related matters. It is therefore considered necessary to clarify the position for the guidance of all concerned. Accordingly the following clarifications are issued.
2. (a) If the Government servant who has been suspended by the competent authority is on duty, the order takes effect from the date it is communicated to him and he is releived of his duty. It is, therefore, necessary that the authority who
passes the order of suspension should also specify the officer who should take charge of the office held by the Government servant who is placed under suspension. If the authorities which passes the order of suspension is different from the authority which is competent to make arrangement for relief of the suspended Government servant by posting a substitute, then the former should communicate to the Government servant the order of his suspension through the latter who should simultaneously communicate to the suspension Government servant both the order of suspension and the order making arragement for his releif.
(b) If on the other hand the Government servant who has been suspended is not on duty at the time when the order of suspension is passed, then the order takes effect from the date of its despatch by registered post, if sent by post, or from the date of its communication to the Government servant if communicated in person.
(c) An order revoking the suspension order comes into force from the date of its receipt by the Government servant under suspension. The revocation order should, therefore, specify the place of his posting also so that he might go and assume charge of the office immediately. If the order revoking suspension does not indicate the place of his posting he would not be in a position to assume charge of any office though the suspension has been revoked. This leads to avodiable complications, infructuous expenditure and unnecessary correspondance, in that the period from the date of receipt of this order by the Government servant and the date he assumes charges of the office has to be treated as compulsory waiting period for this purpose the matter has to be referred to the Staff Screening Committee and payment of salary for the period has to be made without taking any work from the Government servant.
3. The Secretaries to Government and Heads of Departments are requested to bear in mind the position explained above while passing orders in matters relating to suspension of Government servants. They are also requested to bring this to the notice of all the appointing authorities and other officers under their administrative control who are competent to place Government servants under suspension and make orders in matters connected thereto.
2. (a) If the Government servant who has been suspended by the competent authority is on duty, the order takes effect from the date it is communicated to him and he is releived of his duty. It is, therefore, necessary that the authority who
passes the order of suspension should also specify the officer who should take charge of the office held by the Government servant who is placed under suspension. If the authorities which passes the order of suspension is different from the authority which is competent to make arrangement for relief of the suspended Government servant by posting a substitute, then the former should communicate to the Government servant the order of his suspension through the latter who should simultaneously communicate to the suspension Government servant both the order of suspension and the order making arragement for his releif.
(b) If on the other hand the Government servant who has been suspended is not on duty at the time when the order of suspension is passed, then the order takes effect from the date of its despatch by registered post, if sent by post, or from the date of its communication to the Government servant if communicated in person.
(c) An order revoking the suspension order comes into force from the date of its receipt by the Government servant under suspension. The revocation order should, therefore, specify the place of his posting also so that he might go and assume charge of the office immediately. If the order revoking suspension does not indicate the place of his posting he would not be in a position to assume charge of any office though the suspension has been revoked. This leads to avodiable complications, infructuous expenditure and unnecessary correspondance, in that the period from the date of receipt of this order by the Government servant and the date he assumes charges of the office has to be treated as compulsory waiting period for this purpose the matter has to be referred to the Staff Screening Committee and payment of salary for the period has to be made without taking any work from the Government servant.
3. The Secretaries to Government and Heads of Departments are requested to bear in mind the position explained above while passing orders in matters relating to suspension of Government servants. They are also requested to bring this to the notice of all the appointing authorities and other officers under their administrative control who are competent to place Government servants under suspension and make orders in matters connected thereto.
sd/-
Teresa Bhattcharya,
Joint Secretary to Government,
Dept. of Personnel & Admnv. Reforms,
(Personnel Division).
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