Gist of CCS (CCA) Rules 1965 -4 Rule 10 Suspension (continuation)
Rule, Procedure and Protection of Rights of employees
23. The time limit presented for the period of extension is a protection. But this is not sufficient. The reason for the decision to extend the period of suspension should be communicated to the Govt servant and the order of the review committee should be communicated to the Govt servant and this should find place in the Rule. When suspension is appealable the reason for suspension should be known to Govt servant enabling him to prepare his appeal which is one of the reasonable opportunities under the principles of natural justice.
24. When suspension is appealable and extension of suspension should also be made appealable. Therefore, the reason for extension of suspension should be recorded and communicated to the Govt servant. So that the G.S may be able to submit appeal against the order of extension of suspension. In the case of S. Pandian V. U.O.I. (1991) 16 ATC 184, the CAT, Madras Bench held that reason should be recorded before suspension of an officer and such reasons must be communicated to the officer concerned.
25. In the standard form presented for suspension order, under CCS (CCA) Rules 1965 there is no provision to record the reasons in these forms. I hope that NFPE will take up the required amendments in CCS (CCA) Rules through National JCM.
26. In para (e) of DG P & T’s letter No.201/43/76 Disc II dt 15.7.1976. it was prescribed that charge memo should be served within 3 months from the date of suspension.
When this time limit is not followed, the Govt servant should submit an appeal for revocation of suspension if the review committee decided to extend the suspension without considering the DG P & T’s order dt. 15.7.1974. it should be a matter for appeal by Govt servant.
27. In GOI, Dept of per & training OM no 11012/4/2003-Estt (A) dt. 7.1.2004, Rules regarding composition of Review committee have been prescribed. Accordingly, the disciplinary authority, appellate authority and another officer of level of disciplinary/appointing authority in case where president is not disciplinary or appellate authority. The disciplinary and two officers of level of secretary/additional secretary/ Joint secretary who are equivalent or higher in rank than the disciplinary authority in case where the appellate authority is president. Three officers of the level of secretary Additional secretary/ Joint secretary who are higher in rank than the suspended official in case where president is the disciplinary authority.
28. Rule 10 (7) prescribes that suspension order will not be valid if it is not extended before the expiry of period of first ninety days. As Rule 10 (5) (a) prescribes that suspension order shall continue to remain in force until is modified or revoked, we can treat the invalid suspension order as dead automatically. So, the competent authority should issue revocation order to end the invalid order, the revocation order should bear the date of effect of revokotion.
29. The period of suspension should be treated as duty and the suspended official is entitled to full pay and allowances if the disciplinary proceedings end with minor penalty. According to 54 B, the suspension is not justified if the disciplinary proceeding end with minor penalty. This is the achievement of the National JCM which took up the subject in 1985 and got the rule amended in favour of staff in 1985.
30. The right of appeal against the suspension is available under Rule 23 of CCS (CCA) Rules 1965. The appeal should be submitted within 45 days from the date on which reasons for suspension are communicated vide GOIMHA Dept per & trg OM No 35014/1/85 Estt (A) dt. 9.11.1982. This right of appeal is not sufficient for the suspended official. Rule 10 is divided in 7 sub rules. Every sub rule requires actions from the authorities. Every action should be a justified one otherwise, interest of the suspended official is badly affected. In order to render justice, right of appeal should be available for every action required under Rule 10 after suspension and therefore, the period of appeal should be restricted to 45 days. Provisions should be made available to prefer appeal by the suspended official on the grievances raised by the action or inaction of the authority as prescribed under seven sub Rules of Rule 10.
0 Comments