When can a Government servant be placed under suspension?

3. When can a Government servant be placed under suspension? Rule 10(1) 3.1 As per rule 10(1) a government servant may be placed under suspension under the following three situations: (i) Where a disciplinary proceeding is contemplated or is pending; or (ii) Where in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the State; or (iii) Where a case against him in respect of any criminal offence is under investigation, inquiry or triali ; 3.2 When Government servant is involved in dowry death case. Whenever a Govt. servant is involved in a dowry death case and a case has been registered by the police against him under Sec, 304-B of IPC, in the event of his arrest, he shall be placed under suspension irrespective of the duration of the custody. Even if he is not arrested, he will be placed under suspension immediately on submission of the report under sub-section (2) of Section 173 of the Cr.P.C, 1973 by Police to the Magistrate, if the report prima-facie indicates that the offence has been committed by the Government servant.

Guiding factor for deciding whether or not to place a Govt servant under suspensionii 3.3 Public interest should be the guiding factor in deciding whether or not a Government servant, including a Government servant on leave, should be placed under suspension; or whether such action should be taken even while the matter is under investigation and before a prima-facie case has been established. 59 3.4 Certain circumstances under which it may be considered appropriate to do so are indicated below for the guidance of competent authorities: (i) Where the continuance in office of the Government servant will prejudice investigation, trial or any inquiry (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 he is working; (iii) Where the continuance in office of the Government servant will be against the wider public interest, e.g., if there is a public scandal and it is considered 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 a preliminary enquiry into allegations has revealed a prima-facie case justifying criminal or departmental proceedings which are likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service; 3.5. In the circumstances mentioned below, it may be considered desirable to suspend a Government servant for misdemeanors of the following types: (i) an offence or conduct involving moral turpitude; (ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gains; (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 misdemeanor specified in sub clauses (iii), (iv) and (v), discretion should be exercised with care. 3.6 Without prejudice to the above guidelines, there are certain kinds of cases where the SPE will, invariably, advise that the officer should be placed under suspension. If the CBI recommends suspension of a public servant and the competent authority does not propose to accept the CBI’s recommendation, it may be treated as a case of difference of opinion between the CBI and the administrative authority and the matter may be referred to the Central Vigilance Commission for its advice. Further, if a public servant had been suspended on the recommendation of 60 the CBI, the CBI may be consulted if the administrative authority proposes to revoke the suspension order. 3.7. A Government servant may also be suspended by the competent authority in cases in which the appellate, revising or reviewing authority, while setting aside an order imposing the penalty of dismissal, removal or compulsory retirement directs that de novo inquiry should be held; or that steps from a particular stage in the proceedings should be taken again; and considers that the Government servant should be placed under suspension even if he was not suspended previously. The competent authority may, in such cases, suspend a Government servant even if the appellate or reviewing authority has not given any direction about the suspension of Government servant. 3.8. A Government servant against whom proceedings have been initiated on a criminal charge but who is not actually detained in custody (e.g. a person released on bail) may be placed under suspension by an order of the competent authority under clause (b) of Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules 1965. The Supreme Court in the case of Niranjan Singh and other vs. Prabhakar Rajaram Kharote and others (SLP No. 393 of 1980) have also made some observations about the need/desirability of placing a Government servant under suspension, against whom serious charges have been framed by a criminal court, unless exceptional circumstances suggesting a contrary course exist. 3.9. Therefore, as and when criminal charges are framed by a competent court against a Government servant, the disciplinary authority should consider and decide the desirability or otherwise of placing such a Government servant under suspension in accordance with the rules, if he is not already under suspension. If the Government servant is already under suspension or is placed under suspension, the competent authority should also review the case from time to time, in accordance with the instructions on the subject, and take a decision about the desirability of keeping him under suspension till the disposal of the case by the Court.