Deemed Suspension

4. Deemed Suspension 4.1. Deemed suspension is a case when a Government Servant is considered to be under suspension without a conscious decision of any of the above mentioned authorities i.e. the rules create a legal fiction in which though no actual order is issued it is deemed to have been passed by operation of the legal fiction. Such a suspension is deemed to have arisen consequent to the happening of certain events. Nevertheless an order is required to be passed by the competent authority. Such deemed suspension fall under two categories i. during the service period [Rule 10(2)] and ii. in respect of the period when the Government servant ceased to be in service[Rule 10(3) and 10(4)] 61 4.2 Rule 10(2) During the service period, a person is deemed to have been placed under suspension in the following cases:- i) from the date of detention in custody (whether on criminal charge or otherwise) for a period exceeding 48 hours. ii) from the date of conviction for an offence leading to imprisonment for a period exceeding 48 hours if he is not forthwith dismissed or removed or compulsorily retired consequent upon such conviction. (48 hours will be computed from the commencement of the imprisonment).