Discipline and Appeal Rules (DAR) - Suspension
- Suspension is not a penalty.
- An employee may be placed under suspension
- When Disciplinary proceedings are pending against him OR
- When engaged in activities prejudicial to the state OR
- When a criminal case is pending investigation , inquiry or trial.
- An employee has been deemed to have been suspended
- If he remains in police custody exceeding 48 hours.
- If he is convicted for an offence and sentenced to imprisonment for a period exceeding 48 hours and is not forthwith dismissed, removed or cumpulsorily dismissed.
- When a penalty of dismissal, removal or compulsory retirement is imposed on an employee under suspension is set aside on appeal or revision and the case is remitted for further inquiry or action the order of his suspenion shall be deemed to have continued in force from the date of original order of dismissal, removal or compulsory retirement.
- When a penalty of dismissal, removal or compulsory retirement is imposed on an employee under suspension is set aside by a Court of law and the Disciplinary authority decides to hold further inquiry in the same case, the employee shall be deemed to have been placed under suspension from the date of original order of dismissal, removal or compulsory retirement.
- In cases of deemed suspension, the competent authority issues a formal order of suspension in the prescribed form as soon as the facts come to his notice.This order is effective from the earlier date of deemed suspension.
- Separate forms are used for the deemed and other suspensions.
Authority competent to suspend
- An employee may be placed under suspension by any of the following authorities:
a) Appointing authority
b) Any higher authority to which appointing authority is subordinate.
c) Disciplinary authority.
d) Any authority who has been empowered to place the employee under suspension.
- An authority who is not empowered to place a Railway employee under supension may suspend him when the circumstances so warrant, but he should immediately report it to the competent authority who will confirm the order.
- Gr C and D employees may be placed under suspension by Junior Scale and Group B officers.
- Sr. Supervisors may suspend Group D staff.
- Group A & B officers by Railway Board, GM/AGM, DG/RDSO, DG/RSC, CAO
- PhoD may suspend Group B officers and Group A Jr Scale
- Gr B officers of Railway Board Secretariat Service by Secretary, Railway Board.
Review of suspension
- An order of suspension unless revoked before the expiry of 90 days shall be reviewed by the competent authority on the recommendations of set up for this purpose. Such order of suspension shall not be valid after 90 days unless it is extended after review for a further period not exceeding 180 days at a time.
- Review Committee may take a view regarding revocation/continuation of suspension keeping in view the facts and circumstances of the case and also taking into account that unduly long suspension while keeping the employee in hardship, involve payment of subsistence allowance without the employee performing any useful service to the government and make its recommendation.
- The onus will be on the suspending authority to take a view regarding suspension and if it is not proposed to revoke suspension to forward the necessary papers to the competent authority well before the expiry of 90 days from the date of suspension for further action.
- No such review of suspension shall be necessary in case of deemed suspension of a government servant who continues under detension at the time of completion of 90 days of suspension. 90 days of period of review in such cases shall count from the date of release of the Government Servant from detension or the date on which the fact of his release from detension is intimated to his appointing authority whichever is later.
- Granted to employees under suspension equal to leave salary on half average pay and allowances admissible on such pay.
- Deductions of PF, Court attachment and fines cannot be recovered.
- House Rent, water charges, diet charges, electric charges, repayment of advances, station debits, Income tax and doctor’s fee under contract system will be recovered.
Recoveries other than these such as co-operative society dues, institute fee, LIC premia, school fee and refund of Staff Benefit Fund and PF loans may be made on written request of employee.
Regularisation of suspension period
- Not regularised till disciplinary proccedings are finalised.
- In case the employee is fully exonerated in a court case or awarded a minor penalty in a disciplinary case period may be regularised by a competent authority as period spent on duty on the basis that the suspension was wholly unjustified.
- But in a court case if the employee was placed on probation or let off one benefit of doubt, it will mean that the suspension was not wholly unjustified and the period cannot be regularised as spent on duty.
- Competent authority may regularise the periods of suspension as leave on the request of employee if not otherwise regularised. If not regularised the period will remain as suspension but will not cause any break in service and will count as service for payment of settlement dues on retirement.
Effects of suspension
- Service conditions
The suspended employee remains as a Government Servant for all practical purposes. Various service conditions remain applicable to him except where specifically said otherwise.
The place of duty continues to be his headquarters. The request for change of headquarters may be granted if there are no extra expenditure or other complications.
An employee under suspension cannot be promoted. However he will be called for selection (written test and viva). His result will be kept in a sealed cover and a provisional panel will be published. He will be considered for promotion after finalisation of Disciplinary proceedings.
- Forwarding of Application - not permitted.
- Deputation - not permitted.
- Assignment - not permitted
- Foreign service - not permitted.
- Resignation : Will not be accepted normally. But if if it considered cheaper to accept or if acceptance is in public interest it may be accepted.
- Voluntary Retirement : Not freely available, subject to approval of Appointing authority.
- Leave : No leave will be sanctioned.
- Travelling Allowance : May be allowed if enquiry is held at an outstation.