Suspension Order under CCS (CCA) Rules, 1965 | Revocation ?
Suspension Order under CCS (CCA) Rules, 1965
Suspension Order plays a crucial role in the disciplinary proceedings under CCS (CCA) Rules, 1965
The CCS (CCA) Rules framed to ensure efficiency in public service; these rules outline disciplinary actions for government employees.
What Constitutes an Order of Suspension ?
Suspension is a temporary removal from service pending inquiry into alleged misconduct.
Rule 10 of CCS (CCA) Rules, 1965 provides provision for suspension of employee.
Purpose of Suspension Order
The purpose of suspension is to maintain integrity in the investigative process and preventing interference.
Disciplinary Authority cannot pass order of Termination without Inquiry because Inquiry is mandatory for permanent employee.
Authority to Issue Suspension Orders
Such orders are issued by Competent Authorities empowered under the CCS (CCA) Rules, 1965.
Only Competent Disciplinary Authority can pass suspension order.
Grounds for Suspension Order
Disciplinary Authority passes the suspension order on the basis of prima facie evidence of serious misconduct.
In employee committed misconduct or someone made serious allegations against the employee.
The disciplinary authority can placed the employee under suspension after preliminary inquiry.
Communication to Employee
Disciplinary Authority must communicate the suspension Order to the Employees subjected to suspension.
Because without issuance of Suspension Order and charge sheet, Disciplinary Authority cannot proceed with Ex-Parte Inquiry.
Timely issuance of Charge Sheet after placing an employee under suspension will avoid delay in departmental proceedings.
Duration of Suspension
Suspension periods typically last until the conclusion of the disciplinary inquiry.
Normally, Disciplinary Authority issues charge sheet to the employee within 03 months of suspension.
If Disciplinary Authority failed to issue charge sheet within three months, preferably disciplinary authority can revoke the suspension Order.
Impact on Employee Benefits
During suspension, certain benefits and privileges may be withheld pending inquiry results.
Disciplinary Authority can pass order of subsistence allowance during the suspension period.
Rights of Suspended Employees
Suspended employees retain certain rights, including the right to defend themselves during the inquiry.
The Hon’ble Supreme Court held many times that no termination without departmental inquiry.
Preventive Measures for Suspension Order
Proper implementation of suspension orders prevents potential misconduct and maintains organizational discipline.
The order of suspension, as per the CCS (CCA) Rules, 1965, serves as a crucial tool in ensuring accountability and upholding the integrity of public service.
Frequently Asked Question on Suspension
(a) Employee can work in office or duty during Suspension ?
Ans. An employee is relieved of his duties while put under suspension.
Case Reference : R. Jeevaratnam Vs. State of Madras, AIR 1966 SC 951
(b) Disciplinary Authority has not issued Charge Sheet within three months from putting me under Suspension. .What should I do ?
Ans. There are many rulings of the Hon’ble Supreme Court stating that Disciplinary Authority should revoke Suspension, if failed to issue charge sheet within three months.
Case Reference : Ajay Kumar Choudhary vs Union of India – CA No. 1912/2015-SC
(c) The Disciplinary Authority suspended me from back date. Is it possible ?
Ans. Order of Suspension made with retrospective effect is invalid.
Case Reference : Narayan Prasad Rewani vs. State of Orissa, AIR 1957 Orissa 51
(d) How can the Disciplinary Authority pass Suspension Order without initiation of Disciplinary Proceedings ?
Ans. An Order of Suspension of the delinquent member of the service made before the actual initiation or commencement of disciplinary proceedings is bad.
The disciplinary authority can pass suspension order where it has sufficient material in preliminary investigation and disciplinary proceedings have in fact commenced and not merely when they are contemplated.
Case Reference : P.R. Nayak vs. Union of India, AIR 1972 SC 554
Supreme Court Judgments on Suspension Order
(e) Whether is employee entitled for full remuneration for period of suspension after acquittal by criminal court ?
Ans. Yes, employee is entitled for full remuneration for period of suspension.
(f) Can non-payment of subsistence allowance vitiates entire disciplinary proceedings ?
Ans. Non payment of subsistence allowance results into breach of the principles of natural justice and consequently vitiates the whole proceeding.
Case Reference : State of Maharashtra vs. Chandrabhan Tale, AIR 1983 SC 803
(g) If Disciplinary Authority did not revoke my suspension even after not-issuing charge sheet in last three months, what is next action for me ?
Ans. Immediately after completion of three months, individual should make representation to Disciplinary Authority for revocation.
If Disciplinary Authority does not pass any order on your representation, you can approach to Central Administrative Tribunal (CAT)/ High Court/ Supreme Court.
Tags: Suspension Order