A Reference Library for Customs, Excise, Goods & Services Tax Officers and Tax Payers



{see rule 3(8)(c)}

(a) The Review Committee constituted by the Central Government shall consists of -

(i) Secretary to the Government of India in the concerned Ministry/Department - Chairman.

(ii) Additional Secretary/Joint Secretary in-charge of Administration in the concerned Ministry/Department - Member;

(iii) Any other Additional Secretary/Joint Secretary in the concerned Ministry/Department - Member.

Note:- The Committee may, if considered necessary, co-opt an officer of the Department of Personnel and Training with the approval of Secretary (Personnel), Ministry of Personnel, Public Grievances and Pensions.

(b) A Review Committee constituted by the State Government shall consist -

(i) Chief Secretary - Chairman;

(ii) Senior most Additional Chief Secretary/Chairman, Board of Revenue/ Financial Commissioner or an officer of equivalent rank and status - Member;

(iii) Secretary, Department of Personnel in the State Government - Member Secretary.

Note:- (i) The Home Secretary/Director General (Police) of the concerned States may be co-opted wherever a case concerning a member of the Indian Police Service is considered.

(ii) The Secretary Forest/Principal

Chief Conservator of forest of the concerned state may be co-opted wherever a case concerning a member of the Indian Forest Service is considered by the Committee.

(iii) In States where civil services Board have been constituted, the State Government may entrust the work of the Review Committee to the Board.

2. Functions:-

(a) A Review Committee/ Civil Services Board shall review the cases of officers under suspension in order to determine whether they are of sufficient grounds for continuation of suspensions.

(b) In every case the review shall be done within 90 days from the date of order of the suspension. In a case where the period of suspension has been extended, the next review shall be done within a period of 180 days from the date of last extension.

3. Procedure:-

(a) A Review Committee/ Civil Services Board while assessing the justification for further continuance of any suspension shall look into the progress of any enquiry/investigation against the officer by obtaining relevant information from the authorities enquiring/investigating into the charges.

(b) The Review Committee/ Civil Services Board while examining a case shall consider the possibility of the officer under suspension tampering with the evidence, his influencing the process of enquiry or investigation and deprivation of his services during suspension.

(c) The Review Committee/Civil Services Board shall submit a detailed report to the competent authority, clearly stating its recommendations and the reasons for arriving at the recommendations relating to the continuance of suspension.

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