RBE No. 56/1986 Suspension – Treatment of Period

No.E(E&A)86 RG 6-22, dated 20.03.1986

Sub: Deemed suspension on grounds of detention to be treated as revoked if conviction does not follow – Period of suspension to be treated as duty – Recommendation on National Council (JCM).

A copy of the Department of Personnel and Training’s OM No.11012/16/85-Estt.(A), dated 10.01.1986 on the above subject is forwarded herewith for information and guidance of all concerned.

The Department of Personnel’s OM No.35014/9/76-Estt.(A), dated 08.08.1977 was circulated vide Board’s letter No.E(D&A)76 RG 6-56, dated 18.10.1977 which may please be connected. Rule 10(2) of the CCS (CCA) Rules, 1965 corresponds to Rule 5(2) of the Railway Servants (D&A) Rules, 1968.

Attention is also invited to Railway Board’s letter No.E(D&A)62 RG6-61, dated 22.01.1963.

Department of Personnel and Training

OM No.11012/16/85-Estt.(A), dated 10th January, 1986

OFFICE MEMORANDUM

Sub: Deemed suspension on ground of detention to be treated as revoked if conviction does not follow period of suspension to be treated as duty – Recommendation of National Council (JCM).

1.     The undersigned is directed to say that in the Committee of National Council (JCM) set up to review the CCS (CCA) Rules, 1965, the Staff Side had expressed the view that the period of deemed suspension on grounds of detention should be treated as duty in all cases where conviction did not follow. 

The matter was discussed and it was agreed to that in cases of deemed suspension, if the cause of suspension ceases to exist the revocation of the suspension should be automatic.

2.     Attention is invited to the instruction contained in this Department’s OM No.35014/9/76-Ests.(A), dated 08.08.1977 (Copy enclosed), which provides that in the case of a Government servant, who was deemed to have been placed under suspension due to detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, the competent authority should apply its mind at the time of revocation of the suspension and reinstatement of the official and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may be allowed.

These instructions may be kept in view and scrupulously complied with in all cases where deemed suspension is found to be erroneous and the employee concerned is not prosecuted. In all such cases, the deemed suspension under Rule 10(2) of the CCS (CCA) Rules, 1965 may be treated as revoked from the date the cause of the suspension itself ceases to exist i.e. the Government servant is released from police custody without any prosecution having been launched. 

However, it will be desirable for the purpose of administrative record to make a formal order for revocation of such suspension under Rule 10(5) of the CCS (CCA) Rules, 1965.

Department of Personnel & A.R.

OM No. 35014/9/76-Estt. (A), dated 08.08.1977

OFFICE MEMORANDUM

Sub: Erroneous detention or detention without basic payment of pay and allowance to the Government servant on reinstatement – clarification regarding.

1.     The undersigned is directed to say that one of the items considered by the National Council (JCM) in its meeting held in January, 1977 was a proposal of the Staff Side that a Government servant who was deemed to have been placed under suspension on account of his detention or on account of criminal proceedings against him should be paid full pay and allowances for the period of suspension if he has been discharged from detention or has been acquitted by a Court.

2.     During the discussion, it was clarified to the Staff Side that the mere fact that a Government servant who was deemed to have been under suspension, due to detention or on account of criminal proceedings against him, has been discharged from detention without prosecution or has been acquitted by a Court would not make him eligible for full pay and allowances because often the acquittal may be on technical grounds but the suspension might be fully justified. 

The Staff Side were, however, informed that if a Government servant was detained in police custody erroneously or without any basis and thereafter he is released without any prosecution, in such cases the official would be eligible for full pay and allowances.

3.     It has accordingly been decided that in the case of a Government servant who was deemed to have been placed under suspension due to his detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, the competent authority should apply its mind at the time of revocation of the suspension and re-instatement of the official and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may be allowed.