Suspension
Amit Kumar Sinha
(Querist) 11 March 2012
This query is : Resolved
Whether a Government employee be suspended without contemplation of any enquiry?
Guest
(Expert) 11 March 2012
Dear Amit,
There is a difference between contemplation of enquiry and eontemplation of disciplinary proceedings, engagement in prejudicial or criminal activities.
Suspension is not considered as a penalty in Government organisations. As per the provisions of rules, suspension can be resorted to keeping in view of the following circumstances pending investigation/inquiry:
1) where a disciplinary proceeding against a Government employee is contemplated or is pending; or
2) 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
3) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
However, the employee can prefer an appeal to the appellate authority against the order of suspension where he considers the suspension as unjustified.
Ghanshyam Prasad
(Expert) 11 March 2012
Suspension is not punishment,therefore enquiry before suspension is not required.
Raj Kumar Makkad
(Expert) 11 March 2012
Enquiry succeeds the suspension so it can be made even without conducting enquiry.
Sudhir Kumar, Advocate
(Expert) 11 March 2012
Suspension and Inquiry are two different aspects.
In addition to what has been stated by Mr Dhingra, suspension can be restored if there is a danger in tampering with the evidence at investigation stage. Such suspension can at the merits be revoked at the stage of chargesheet as by that time evidence stands collected. In cse the charged officer is suspected to be able to influence Inquiry if on duty suspension can continue even during Inqiury. Suspension can continue during Inquiry even on the grounds stated by Mr Dhingra.
Nevertheless every suspension or deemed suspension is to be reviewed after every 90 days and if found justified can be revoked.
Kirti Kar Tripathi
(Expert) 12 March 2012
Suspension pending enquiry is permissible under the law. It is not punishment. the object of suspension pending enquiry is to restrain the delinquent employee from manipulating /distorting the evidences to be brough against him during the enquiry.
K.S.Srinivas
(Expert) 14 March 2012
I agree with all the experts.
