Who can suspend?
2. Who can suspend? (Rule 10(1) 2.1 Before passing an order of suspension, the authority proposing to make the order should verify whether it is competent to do so. An order of suspension made by an authority not competent do so is illegal and will give cause of action for: a) Setting aside of the order of suspension; and b) Claim for full pay and allowances 2.2. The following authorities are empowered to place a Govt. servant under suspension:- (i) Appointing authority or any authority to which the Appointing authority is subordinate. (ii) Disciplinary authority. (ii) Any other authority empowered in this behalf by the President of India by general or special order. 2.3 Whenever an Authority, lower than the Appointing Authority places a Govt. servant under suspension, the circumstances leading to suspension must be communicated to the Appointing Authority forthwith. However, such report need not be made in the case of an order of suspension made by the Comptroller and Auditor General in respect of a member of the Indian Audit and Accounts service and also in respect of a holder, other than a regular member of the Indian Audit and Accounts Service, of a post of Assistant Accountant General or equivalent. 58 2.4 Illustration: For the post of Assistant of Central Secretariat Service (CSS), ‘President’ is the appointing authority. However, ‘Secretary’ of the cadre authority is the disciplinary authority for imposition of the minor penalty. If the Secretary places an Assistant under suspension, then the circumstances leading to suspension must be communicated to the Appointing Authority. 2.5 Persons on deputation- [Rule 20 and Rule 21] Where the services of a Government servant are lent by one department to another department or borrowed from or lent to a State Government or an authority subordinate thereto or borrowed from or lent to a local authority or other authority, the borrowing authority can suspend such Government servant under Rule 20. The lending authority should however, be informed forthwith of the circumstances leading to the Order of suspension.