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SUSPENSION
Frequently asked Questions about Suspension under the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957. 


Sl.
No.

Question

Answer

1

2

3

1

Which are the  relevant Provisions of Suspension of a Government servant under Karnataka Civil Services (Clarification, Control and Appeal) Rules 1957

Rule 10 of KCS (CC & A) Rules 1957.

2

What is the meaning of Suspension?

Suspension means temporarily keeping a Government servant out of current duties.

3

The Circustances under which Government servant may be kept under Suspension ?

 Under the following circumstances a Government Servant may be kept under Suspension .

  1. Where there  is a prima facie evidence to show that  he was caught red handed while accepting  illegal gratification.
  2. Where charge sheet is filed before competent court for an offence involving moral turpitude.
  3. Where a charge sheet is filed before the competent court against him on charges of corruption, embezzlement or criminal mis-appropriation of Government money.

      4) Where there is Prima facie
           evidence of gross dereliction   
           of   duty.
5)Where a Government servant
      has detained for 48 hours or
      more in Police Custody.

 

 

 

6) Where a Government Servant is convicted and sent to  custody.

4.

Who is competent authority   to place a Government servant under suspension ?

1)The Appointing Authority or any authority to which it is subordinate or any Authority empowered by Government in this behalf may place a Government servant under suspension.
2) Major Head of Department
3) Regional Commissioner in the Division-
 Tahasildar and  Class-II  Officers in the   Division.
4)Dy.Commissioner
Class III and Class IV  Officials of any department except Judicial Department.

5

Whether a notice to be issued to a Government Servant before keeping him under suspension?

It is not necessary to issue a notice to Government servant before keeping him under suspension.  But there is no bar to give such an opportunity to the Government servant.

6

Head Quarter during suspension.

The Govt. Servant under suspension cannot leave the Head Quarters  without the permission of the Authority which issued the suspension order (Rule 104 of KCSR).

 

7

 

Whether  the  Government servant  who is under suspension is required to sign theAttendance  Register?

 

He is  not required  to sign the Attendance Register.

 

8

Salary during the suspension of Government Servant.

A Government servant while under suspension is not entitled for  salary. However , he is entitled for subsistence allowance according to Rule 98 of KCSR  i.e. equivalent to half pay leave.

9

 The action to be taken if the Suspension  is continued for more than 6 months?

If the enquiry is not concluded and final orders in the disciplinary proceedings are not yet issued within a period of 6 months from the date of suspension,  the Government Servant who is under suspension, who is not reinstated into service, in such cases,  that authority should report the matter to the Government for such orders of Government may deem fit.
On the  other  hand the subsistence may also be raised to further 50% of the 50% already paid.

10

Revocation of suspension.

The authority which made or is deemed to have made an order of suspension or the Authority to which  such Authority is subordinate, can modify or revoke  the order of suspension at any time.

11

Is there any Appeal against an order of Suspension?

Though Suspension is not a penalty, an appeal can be made under Rule 18 to the Appellate Authority.

12

What is the Appeal period?

An Appeal is to be preferred within  3 months from the date of order.

 

13

To whom the appeal is to be submitted and how?

1)The Appeal is to be  submitted to the authority which made the order (Rule-22)
2)The appeal should always be made though the head of office.  However an advance can be submitted to the Appellate Authority.
3) The authority which receives the appeal memo without any delay transmit it to the Appellate Authority with its comments on the Appeal petition along with records of the case (Rule 24(1).

14

How to treat the suspension period?

The suspension period is to be treated as per the provisions laid down in Rule 100 of Karnataka Civil Services Rules 1958, after concluding department enquiry.