The All India Services (Discipline And Appeal) Rules, 1969
RULE 3. Suspension:
Government of India's Decisions
The scope of the action that can be taken against a member of the Service whose dismissal, removal or compulsory retirement from Service has been set aside or declared or rendered void in consequence of or by a decision of a court of law under sub-rule (6) of Rule 3 and the circumstances which a disciplinary authority should take into account while taking recourse to this rule have been examined and it is clarified for the information of State Governments that the further inquiry contemplated in a sub-rule (6) of rule 3 of the All India Services (Discipline and Appeal) Rules, 1969 should not be ordered except in case when the penalty of dismissal removal or compulsory retirement has been set aside by a Court of Law on technical grounds without going into the merits of the case or when fresh material has come to light which was not before the Court.
[No. 7/15/63 dated 20-03-1969 GSR No. 926 dated 12-04-1969]
A further inquiry into the charges which have not been examined by the Court, can however, be ordered by the inquiring authorities under sub-rule (6) of rule 3 ibid depending on the facts and circumstances of each case.
[D.P. & A.R. letter No. 11018/8/78-AIS (III), dated 19-05-1978]
EXECUTIVE INSTRUCTIONS
(1) As soon as a member of the Service is placed under suspension or is deemed to have been placed under suspension, the fact may be communicated to this Department telegraphically and a detailed report of the case may be furnished within 15 days of the date of suspension, as provided for in the rules.
[D.P. & A.R. letter No. 11018/1/76-AIS (III), dated 11-02-1976]
(2) Whenever, a member of an All India Service who is placed under suspension submits an appeal or memorial against the order of the State Government placing him under suspension, the same should be forwarded to the Central Government by the State Government together with their comments within one week of its receipt. If the original appeal or memorial along with the comments of the State Government is not received by the Central Government within that period, the Central Government would take a decision on the advance copy of the appeal or memorial received by them.
(3) The original appeal or memorial submitted by a member of the service referred to above and the report about the orders issued by the state Government placing a member of the Service under suspension, as envisaged in this Department's letter of even number dated the 11th February, 1976, may be forwarded to this Department in the case of members of the Indian Administrative Service, to the Ministry of Home Affairs in the case of the Indian Police Service and to the Ministry of Agriculture and Irrigation (Department of Agriculture) in the case of the Indian Forest Service.
[D.P. & A.R. letter No. 11018/1/76-AIS (III), dated 30-04-1976]