14. Disciplinary Cases – Review of orders of suspension against Government Servants - Instructions - Reiterated.

(U.O. Note. No. 2776/SC.E/98- 1, G.A.(Ser-E) Department , dated 3-12-1998)
Ref
Order:
(i) The order of suspension against a Government Servant shall be reviewed at the end of every six months.
(ii) The appropriate reviewing authority should take a decision regarding continuance or otherwise of the employee concerned under suspension, with reference to the nature of charges, where delay in finalisation of enquiry proceedings cannot be attributed to the employees or when there is no interference from the employee in facilitating the enquiry.
(iii) An outer time limit be provided as two years from the date of suspension, failing which the Public Servant may have to be reinstated without prejudice to the proceedings being pursued. However, in exceptional cases, considering the gravity of the charges, one could be continued under suspension even beyond a period of two years, especially in cases where there is deliberate delay caused due to non co-operation of the employee concerned.
(iv) The concerned Principal Secretary/Secretary of the Department should review the suspension cases of their Department at an interval of six months with the representative from the Anti-Corruption Bureau, if the proceedings arose out of the investigations conducted by the Anti-Corruption Bureau and make suitable recommendations as to the desirability or otherwise for the further continuance of the Officers under suspension.
(1) That the Departments of Secretariat are referring cases for reinstatement into service of the suspended employees in a routine manner to the Vigilance Commission;
(2) That the Government Departments do not appear to be conducting the half yearly reviews of suspension of Government Servants (Accused Officers) with the representatives of Anti-Corruption Bureau and that whenever such reviews are conducted, the cases are referred to the Vigilance Commission without furnishing the following information:
(i) Whether the delay in finalisation of enquiry Proceedings cannot be attributed to the employees;
(ii) Whether the suspended employee is co-operating with the prosecution agency in facilitating the enquiry;
(iii) Whether the suspended employee is attending the Court whenever summoned for hearing.