Suspension of Government Servant before expiry of 90 days -Review of Suspension

Suspension of Government Servant before expiry of 90 days -Review of Suspension

Controller General of Defence Accounts

Ulan Batar Road, Palam, Delhi Cantt 110010

No.AN/XIII/13006/Vol-XXII

Dated 22.09.2015

To
The PCsDA/CsDA
PCA(Fys)/CFAs(Fys)
PIFAs/IFAs
(Through Website)

Subject : Suspension of Government Servant-Review of Suspension

As per provisions contained in Rule 10 of CCS(CC&A) Rules, 1965 suspension of a Government servant is valid only for 90 days unless it is extended after review before expiry of 90 days. It has been observed by the MoD D(Vigilance) that the suspension order has been struck down on the ground that the same had not been reviewed by the reviewing authority before expiry of 90 days.

 

2. Therefore the Ministry has directed that the provisions of Rule 10(6) and 10(7) of CCS (CC&A) Rules, 1965 which provide for review, modify and extension of the suspension should strictly be observed in all such cases to avoid quashing of orders on technical grounds rather than on merits (copy attached)

3. In this context attention is also invited to DOPT OM No. 11012/4/2003-Estt. (A) dated 07.01.2014 containing review instruction and HQrs letter no. AN/XIII/13007/2A/Vol-IX dated 09.07.2014 regarding constitution of review committee.

 

4. It is requested that all such cases of suspension/review of suspension of Govt. servant may be reviewed on monthly basis in the light of above provisions/guidelines.

 

Please acknowledge receipt.

(V.K. Vijay)

C V O / Jt. CGDA

---

Most Immediate

Ministry of Defence

D(vigilance)

*******

Subject : Suspension of Government Servants – Review of Suspension order.

Attention is invited to Rule 10 of CCS(CCA) Rules, 1965 relating to Suspension of Govt. Servant by the competent authority on account of disciplinary proceedings pending or contemplated against him, or his engagement in activities prejudicial to the interest of the security of the State, or case pending against him in any criminal offence, or his detention or conviction in a criminal case. The suspension is valid only for 90 days unless it is extended after review for a further period before the expiry of 90 days. Of late the suspension order has been struck down on the ground that the same had not been reviewed by the competent reviewing authority before the expiry of 90 days while it remained in force.

 

2. It is hereby urged that the provisions of Rule 10(6) and Rule 10(7) of CCS(CCA) Rules, 1965 which provide for review, modify and extension of the suspension of the accused should be strictly observed in all such cases to avoid quashing of orders on technical grounds rather than on merits. Such cases may be reviewed on monthly basis by administrative sections of various civilians cadres of Ministry of Defence.

(Atul Kumar Singh)

Director (Vig)

Source: CGDA
[http://cgda.nic.in/adm/circular/suspension24092015.pdf]