The period of suspension

11(1B) The period of suspension of a member of the Service on charges other than corruption shall not exceed one year and the inquiry shall be completed and appropriate order shall be issued within one year from the date of suspension failing which the suspension order shall automatically stand revoked: Provided that the suspension can be continued beyond one year only on the recommendations of the Central Ministry’s Review Committee: Provided further that the period during which the disciplinary proceedings remain stayed due to orders of a Court of Law, shall be excluded from this limit of one year. 12(1C) The period of suspension of a member of the Service on charges of corruption shall not exceed two years and the inquiry shall be completed and appropriate order shall be issued within two years from the date of suspension failing which the suspension order shall automatically stand revoked: Provided that the suspension can be continued beyond two years only on the recommendations of the Central Ministry’s Review Committee: Provided further that the period during which the disciplinary proceedings remain stayed due to orders of a Court of Law, shall be excluded from this limit of two years. (1D) The composition and functions of the Central Ministry’s Review Committee and the procedure to be followed by them shall be as specified in Schedule 2 annexed to these rules. (2)A member of the Service who is detained in official custody whether on a criminal charge or otherwise for a period longer than forty-eight hours, shall be deemed to have been suspended by the Government concerned under this rule. (3) A member of the Service in respect of, or against, whom an investigation, inquiry or trial relating to a criminal charge is pending may, at the discretion of the Government13 be placed under suspension until the termination of all proceedings relating to that charge, if the charge is connected with his position as a [member of the Service] or is likely to embarrass him in the discharge of his duties or involves moral turpitude. (4) A member of the Service shall be deemed to have been placed under suspension14 by the Government concerned with effect from the date of 11 Inserted vide Notification No.11018/3/2004-AIS-III dt.30.09.2009 (GSR No.714(E) dt. 30.09.2009) 12 Inserted vide Notification No.11018/3/2004-AIS-III dt.30.09.2009 (GSR No.714(E) dt. 30.09.2009) 13 Substituted vide DP&AR Notification No. 6/9/72-AIS-III, dt. 5.7.1975 (GSR No. 872 dt. 19.7.1975) 14 Inserted/substituted vide DP&AR Notification No. 6/9/73-AIS-III, dt. 26.7.1975 (GSR No. 985 dt. 9.8.1975) 266 conviction, if, in the event of conviction for a criminal offence, if he is not forthwith dismissed or removed or compulsorily retired consequent on such conviction provided that the conviction carries a sentence of imprisonment exceeding forty-eight hours. 15Explanation.— The period of forty-eight hours referred to in sub-rule (4) shall be commuted from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account. (5) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Service under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders. (6) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Service is set aside or declared or rendered void in consequence of or by a decision of a Court of Law, and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the member of the Service shall be deemed to have been placed under suspension by the Central Government from the date of original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders: 16Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the court has passed an order purely on technical grounds without going into the merits of the case. 17(6A) Where an order of suspension is made, or deemed to have been made, by the Government of a State under this rule, detailed report of the case shall be forwarded to the Central Government 18[ ] within a period of fifteen days of the date on which the member of the Service is suspended or is deemed to have been suspended, as the case may be. (7) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so. 19(b) Where a member of the Service is suspended or is deemed to have been suspended, whether in connection with any disciplinary proceeding or otherwise, and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded in writing, direct that the member of Service shall continue to be under suspension subject to sub-rule (8). 15 Inserted vide DP&AR Notification No. 11018/6/78-AIS-III, dt. 16.11.1978 (GSR No. 1415 dt. 2.12.1978) 16 Inserted vide DP&AR Notification No. 11018/18/81-AIS-III, dt. 3.8.1983 (GSR No. 612, dt.20.8.1983) 17 Inserted vide DP&AR Notification No. 6/9/72-AIS-III, dt. 5.7.1975 (GSR No. 872 dt. 19.7.1975) 18 Omitted vide Notification No. 11018/1/2013-AIS-III, dt. 21.12.2015 (GSR No. 1001(E) dt. 23.12.2015) 19 Substituted vide DOP&T Notification no. 11018/3/97-AIS-III, dt. 13.7.1998 (GSR No. 130 dt. 25.7.1998) 267 (c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or deemed to have made the order. 20(8) (a) An order of suspension made under this rule which has not been extended shall be valid for a period not exceeding 21sixty days and an order of suspension which has been extended shall remain valid for a further period not exceeding 22one hundred-twenty days, at a time, unless revoked earlier. (b) An order of suspension made or deemed to have been made or continued shall be reviewed by the competent authority on the recommendations of the concerned Review Committee. (c) The composition and functions of the Review Committees and the procedure to be followed by them shall be as specified in the 23Schedule 1 annexed to these rules. (d) The period of suspension 24[under this rule] may, on the recommendations of the concerned Review Committee, be extended for a further period not exceeding one hundred and eighty days at a time: Provided that where no order has been passed under this clause, the order of suspension shall stand revoked with effect from the date of expiry of the order being reviewed. 25(9) (a) Every order of suspension and every order of revocation shall be made in the stipulated standard form appended to these rules; (b) A copy of the order shall be endorsed to the Appointing Authority, if the order is made by some other authority; and to the Lending Authority in the case of borrowed officer; (c) The reasons for issue of every such order shall be communicated to the Appointing Authority and the Lending Authority, through confidential letters alongwith the order itself; and (d) A copy of the suspension order alongwith the reasons or grounds of suspension shall be communicated to the Cadre Controlling authority in the Central Government not later than forty-eighty hours. 26(10) As soon as a member of the Service is placed under suspension or is deemed to have been placed under suspension, the information in this regard shall be communicated to Government of India expeditiously and within the period of forty-eighty hours