Speedy investigation into cases in which an officer is under suspension

11. Speedy investigation into cases in which an officer is under suspensionxii 11.1 To avoid unduly long suspension, investigation into cases of officers under suspension should be given high priority and every effort should be made to file the charge sheet in the court of competent jurisdiction in cases of prosecution or serve the charge sheet on the officers in cases of departmental proceedings within three months of the date of suspension and in cases in which it may not be possible to do so, the disciplinary authority should report the matter to the next higher authority explaining the reasons for delay (O.M.No.39/39/70-Estt.(A) dated 4/2/1971). In cases which are taken up by, or are entrusted to the CBI for investigation, the limit of 3 months will be reckoned from the date on which the case is taken up for investigation by the CBI. 11.2 If investigation is likely to take more time, it should be considered whether it is still necessary, taking the circumstances of the case into account, to keep the officer under suspension or should the order to be revoked and if so whether the officer could be permitted to resume duty on the same post or transferred to another post or office. 11.3 When an officer is suspended either at the request of the Central Bureau of Investigation or on the Department’s own initiative in regard to a matter which is under investigation or inquiry by the CBI or which is proposed to be referred to CBI, a copy of the suspension order should be sent to the Director, CBI with an endorsement thereof to the Special Police Establishment Branch concerned. To reduce the time-lag between the placing of an officer under suspension and the reference of the case to the CBI for investigation such cases should be referred to the CBI promptly after suspension orders are passed if it is not possible to refer them before the passing of suspension orders.xiii 11.4 Instructions contained in above paragraphs aim at reducing the time taken in investigation into cases of officers under suspension and speeding up the progress of cases at the investigation stage. They do not in any way abridge the inherent powers of the disciplinary authority in regard to review of cases of government servants under suspension at any time either during investigation or thereafter. The disciplinary authority may review periodically the cases of suspension in which charge sheets have been serviced/filed to see: a) Whether the period of suspension is prolonged for reasons directly attributable to the Government servant; b) What steps could be taken to expedite the progress of court trial/departmental proceedings; 67 c) Whether the continued suspension of the officer is necessary having regard to the circumstances of the case at any particular stage; and d) Whether having regard to the guidelines stated in paragraph 2 regarding the circumstances in which a Government servant may be placed under suspension, the suspension may be revoked and the Government servant concerned permitted to resume duty at the same station or at a different station. In cases of suspension being revoked and the Government servant allowed to resume duty, an order regarding the pay and allowances to be paid for the period of suspension from duty and whether or not the said order shall be treated as a period spent on duty can be made only after the conclusion of the proceedings against him.