Suspension

B N Singh (Querist) 01 September 2013 This query is : Resolved
Sir
1.A class I Central Govt officer whose Appointing Authority is President was detained for 48 hrs in a false corruption case .He was placed under deemed suspension with the approval of Minister of State (Although Cabinet Minister is Posted).
2.As per CCS Rules only appointing authority ie Cabinet minister can order Deemed Suspension .Pl clarify if the Suspension order and its further extension passed by the incompetent authority is legally valid.
B N Singh

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Guest (Expert) 01 September 2013
Dear Mr. Singh,

Placing under deemed suspension is merely a formal exercise, as the rules so prescribe for a person kept under police or judicial custody for 48 hours or more. It is not necessary that only a cabinet minister should approve suspension. However, any minister/ officer, authorised so under the allocation of business rules to work for and on behalf of the President of India can approve and sign the orders on behalf of the President of India.

About your statement, Cabinet Minister as appointing authority, you seem to be mistaken. You may please like to review the position. You would find that according to Rule 8 of the CCS (CCA) Rules, 1965, all appointments to Central Civil Posts are made by the President of India (not Cabinet Minister). I have not come across yet where the President would have delegated his powers of appointment, except in the cases of Goa, Daman & Diu, Dadra & Nagar Haveli, and Arunanchal Pradesh & Mizoram.

Moreover, suspension is not treated as a punishment. You may be knowing that no appeal lies against the Presidential Order. The officer can only submit a petition against the order, But, deemed suspension in custody cases being compulsory under the rules, even petition to the President may not bring any fruit unless the CBI/investigating agency gives clearance for revocation of suspension that too after completion of investigation in the case.

So, instead of raising fingers on minor and trivial issues , the officer should better concentrate on major issues of his defence to fight against the case, if he considers himself as innocent.

Sudhir Kumar, Advocate Online

(Expert) 01 September 2013
agreeing with Mr Dhingra I would express that nowhere it is mentioned in CCS(CC&A) rules that only Cabinet Minister will exercise delagated powers of the President.

I shall be greatful if you can show any such provision.

Sudhir Kumar, Advocate Online

(Expert) 01 September 2013
agreeing with Mr Dhingra I would express that wasting of time and money on non-issue will erode your capacity to fight on merits