CIRCUMSTANCES UNDER WHICH THE COMPETENT AUTHORITY MAY CONSIDER
TO PLACE A GOVERNMENT SERVANT UNDER SUSPENSION.
(D) CIRCUMSTANCES UNDER WHICH THE COMPETENT AUTHORITY MAY CONSIDER TO PLACE A GOVERNMENT SERVANT UNDER SUSPENSION [FOR GUIDANCE AND SHOULD NOT BE TAKEN AS MANDATORY].
(i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);
(ii) Where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working;
(iii) Where the continuance in office of the Government servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;
(iv) Where allegations have been made against the Government servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or is being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.
NOTE: In the first three circumstances the disciplinary authority may exercise his discretion to place a Government servant under suspension even when the case is under investigation and before a prima facie case has been established.
(v) Suspension may be desirable in the circumstances indicated below:-
a) any offence or conduct involving moral turpitude;
b) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
c) serious negligence and dereliction of duty resulting in considerable loss to Government;
d) desertion of duty;
e) refusal or deliberate failure to carry out written orders of superior officers.
Note: In respect of the types of misdemeanor specified in sub clauses (c) and (e) discretion has to be exercised with care.
[Para 4 of the OM No. 11012/17/2013-Estt.(A) dated 02.01.2014 ]
0 Comments