Tuesday, July 12, 2011

Suspension of Government Servants and their reinstatement.

GOVERNMENT OF KARNATAKA
No.DPAR 13 SDE 85 Karnataka Government Secretariat,
Vidhana Soudha
Bangalore, Dated 3rd July 1985

OFFICIAL MEMORANDUM

Sub: Suspension of Government Servants and their reinstatement.

Ref: 1) O.M. No: DPAR 12 SDE 83 dated: 21-4-1984.
2) O.M. No. DPAR 12 SDE 83 dated 04-03-1985.

In the official memoranda referred to above, certain guidelines were issued indicating circumstances under which Government Servants might be placed under suspension and the period for which suspension should be continued pending
investigation/inquiry. Government have further examined this matter and in supersession of the earlier instructions, the following instructions are issued for the guidance of the appointing/disciplinary authorities.
2. Circumstances under which Government servants may be placed under suspension:
i) Where continuance in office of the Government Servant will prejudice the investigation, trial or any inquiry (i.e. apprehended tampering with witnessess or documents)
ii) Where continuance in office of the Government Servants is likely to seriously subvert discipline in the office in which the Government Servant is working.
iii) Where the Government Servant is prosecuted for any offence committed in the course of his duty involving moral turpitude.
iv) Corruption embezzlement or misappropriation of Government money or money of a foreign employer under whom the Government Servant has worked on deputation or otherwise, possession of disproportionate assets, misuse of official powers for personal gain.
v) serious negligence and dereliction of duty resulting in considerable loss to Government and to the foreign employer while the Government Servant had worked on deputation.
vi) return to duty after unauthorised absence.
vii) refusal, or deliberate failure to carry out written orders of superior officers.
3. Period of suspension: Rule 10 of the CCA Rules provides for placing a Government Servant under suspension where disciplinary proceedings are contemplated or are pending or where a case in respect of any criminal offence is under investigation or trial. It is thus permissible to place Govt. Servants under suspension even before the commencement of investigation into the allegations against him. Taking into account the above position, it is hereby directed that Govt. Servants placed under suspension should be reinstated in service if the stages of investigation or inquiry trial following the date of suspension are not adhered to according to the schedule below, namely, where-
a) the investigation or inquiry/trial into the allegations against Govt. Servants have not commenced within three months from the date of suspension;
b) the investigation into the allegations against Govt. Servants is not completed within six months from the date of commencement of the investigation;
c) the inquiry/trial has not commenced within three months on conclusion of the investigation;
d) the inquiry/trial has not concluded within twelve months from the date of commencement of the inquiry/trial or from the date of suspension whichever is later.
The period laid down for continuing a Govt. Servant under suspension is only outer limit and do not prevent the appropriate authorities from reinstating the Govt. Servant earlier if circumstances of the case warrant. Where a Govt. Servant has been suspended by any authority other than the Govt., the provisions of sub-rule (6) of rule 10 of the Karnataka Civil Services (CCA) Rules, 1957 should be complied with.
4. Where any department, having regard to the gravity of the allegation and the complexity of the case in respect of the following types of cases is of the view that the time schedule laid down in the preceeding para cannot be adhered to and further continuance of the suspension of Govt. Servants is justified, such cases may be examined on their own merit and decision taken by the Minister concerned whether to continue suspension;
i) Moral turpitude;
ii) Corruption (including trap cases, embezzlement or misappropriation of money of Govt. or a foreign employer, possession of disproportionate assets and misuse of official power for personal gain);
(iii)Refusal or deliberate failure to carry out Written orders of superior officers
5. Promotion on during inquiry:- In O.M No: GAD (SI) 56 SSR 59 dated: 09-10-1959 as modified in O.M NO: GAD 80 SSR 65 dated: 11-04-1966, it was clarified that unless a Govt. Servant is placed under suspension, the mere fact that a departmental inquiry is pending against him, is no bar for considering his case for promotion. In further amplification of these instructions, a Govt. Servant against whom inquiry is pending may be considered for promotion without reference to the pending enquiries and if he is otherwise found to be eligible, he should be promoted subject to the condition that the promotion would be reviewed at the conclusion of the inquiry based on the findings in the inquiry.
6. The Secretaries to Government and Heads of Departments are requested to follow these instructions and to bring them to the notice of all the appointing authorities/disciplinary authorities/suspending authorities under their administrative control.

sd/-
M.M. Naik
Joint Secretary to Government,
Department of Personnel & Admnv. Reforms,
(Service Rules)

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