The Government Employee's Suspension Can Not Be For An Indefinite Period.
The Supreme Court has said that suspension of government employees may not be for an indefinite period. It should be enough for a limited period. In response to this comment, the court canceled the cancellation of a six year old Kididai lane of IG. Justice AS Bobby's back said in his verdict that the government feels that the accused can bluff the Kanidai lock with evidence and if Akilas are there then they can be kept in another place. IG of Tamil Nadu Pramodikum was accused of accepting money from a company's directors Kanidai Lakkii. These directors were Akikas involved in investing Rs 1200 crore of investors. Kannidai Lakki was suspended for suspending the IG.(1) Report of arrest to superiors by Government servants:-
It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.
[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]
State Governments have also been requested to issue necessary instructions to Police authorities under their control to send prompt intimation of arrest and/or release on bail etc. of Central Government servant to the latter’s official superiors.
(2) Headquarters of Government servant under suspension.
A question recently arose whether an authority competent to order the suspension of an official has the power to prescribe his headquarters during the period of suspension. The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs.
2) An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications.
3) The Ministry of Finance/etc. may bring the above to the notice of all concerned.
[M.H.A. O.M. No. 39/5/56-Ests. (A) dated the 8th September, 1956]
(3) How suspension is to be regulated during pendency of criminal proceedings, arrests, detention etc.
The case of suspension during pendency of criminal proceedings or proceeding for arrest, for debt or during detention under a law providing for preventive detention, shall be dealt with in the following manner hereafter:-
(a) A Government servant who is detained in custody under any law providing for preventive detention or a result of a proceeding either on a criminal charge or for his arrest for debt shall if the period of detention exceeds 48 hours and unless he is already under suspension, be deemed to be under suspension from the date of detention until further orders as contemplated in rule 10 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Government servant who is undergoing a sentence of imprisonment shall be also dealt with in the same manner pending decision on the disciplinary action to be taken against him.
(b) A Government servant against whom a proceeding has been taken on a criminal charge but who is not ac
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