The Central Civil Services (Classification, Control & Appeal) Rules, 1965
10. SUSPENSION:
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending; or
(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority -
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
EXPLANATION - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant 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.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant 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 a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:
Provided 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.
“(5)(a) Subject to the provisions contained in sub-rule (7), 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.”
(b) Where a Government servant 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 by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
(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 is deemed to have made the order or by any authority to which that authority is subordinate.
(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.
(7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days:
Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.”
Government of India Decisions:
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(1) |
Report of arrest to superiors by Government servants [MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955] |
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(2) |
Headquarters of Government servant under suspension [M.H.A. O.M. No. 39/5/56-Ests. (A) dated the 8th September, 1956] |
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(3) |
How suspension is to be regulated during pendency of criminal proceedings, arrests, detention etc. [M.O.F. No. F.15(8)-E IV/57, dated 28th March, 1959] |
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(4) |
Circumstances under which a Government servant may be placed under suspension [MHA OM No. 43/56/64-AVD dated the 22nd October, 1964] |
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(5) |
Forwarding of Application of Government servants involved in disciplinary proceedings [MHA OM No. 39/17/63-Ests. (A) dated the 6th September, 1968] |
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(5A) |
Forwarding of applications for other posts – Principles regarding [Deptt. Of Personnel & Training OM No. AB14017/101/91-Estt. (RR) dated 14th May, 1993] |
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(6) |
Suspension – Reduction of time limit fixed for serving charge-sheet [Deptt. of Personnel & A.R. O.M. No. 42014/7/83-Ests.(A) dated the 18th February, 1984] |
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(6A) |
Reasons for suspension to be communicated on expiry of three months period if no charge-sheet is issued [Deptt. of Personnel & A.R. O.M. No. 35014/1/81-Ests.(A) dated the 9th November, 1982] |
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(7) |
Timely payment of subsistence allowance [Deptt. of Personnel & Training, OM No. 11012/17/85-Estt.(A) dated the 28th October, 1985.] |
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(8) |
Erroneous detention or detention without basis [Department of Personnel & A.R. OM No. 35014/9/76-Estt. (A) dated 08.08.1977] |
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(9) |
Deemed suspension on grounds of detention to be treated as revoked if conviction does not follow [Deptt. of Personnel & Trg. OM No. 11012/16/85-Estt. (A) dated 10.01.1986] |
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(10) |
Disciplinary proceedings against an employee appointed to a higher post on ad-hoc basis [Deptt. of Pers. & Trg. OM No. 11012/9/86-Estt. (A) dated the 24th December, 1986] |
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(11) |
Suspension in cases of dowry death [Deptt. of Personnel & Trg. OM No. 11012/8/87-Ests. (A) dated the 22nd June, 1987] |
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(12) |
Resignation from Service procedure in respect of |
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(13) |
Promotion of Government servants against whom disciplinary/court proceedings are pending or whose Conduct is under investigation-Procedure and guidelines to be followed [Deptt. of Personnel & Training OM No. 22011/4/91-Estt.(A) dated 14.09.1992] |
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(13A) |
Instructions on sealed cover procedure – Applicability to review DPC – clarification regarding [Deptt. of Personnel & Training OM No. 22011/2/99-Estt. (A) dated 21.11.2002] |
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(13B) |
Sealed Cover Procedure – Judgment of the Supreme Court in the case of Delhi Jal Board Vs. Mohinder Singh [JT 2002 (10) SC 158] [Deptt. of Personnel & Training OM No. 22011/2/2002-Estt. (A) dated 24.02.2003] |
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(14) |
Deemed Suspension under Rule 10 (2) of the CCS (CCA) Rules, 1965 - Supreme Court decision in the case of Union of India Vs. Rajiv Kumar [Deptt. of Personnel & Training OM No. 11012/8/2003-Estt. (A) dated 23.10.2003] |
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(15A) |
Suspension of Government servants – Review of – Instructions reg. [Deptt. of Personnel & Training OM No. 11012/4/2003-Estt. (A) dated 7.01.2004] |
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(15B) |
Suspension of government servants – Review of – Instructions reg. [Deptt. of Personnel & Training OM No. 11012/4/2003-Estt. (A) dated 19.03.2004] |
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(15C) |
Review of suspension - Amendment to the provisions of rule 10 [DOPT OM No. 11012/4/2007-Estt. (A), dated 12th July, 2007] |