Suspension of Government Servant before expiry of 90 days - Review of Suspension
The PCsDA/CsDA
PCA(Fys)/CFAs(Fys)
PIFAs/IFAs
(Through Website)
[http://cgda.nic.in/adm/circular/suspension24092015.pdf]
Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010
No.AN/XIII/13006/Vol-XXII
Dated 22.09.2015
ToThe PCsDA/CsDA
PCA(Fys)/CFAs(Fys)
PIFAs/IFAs
(Through Website)
Subject : Suspension of Government Servant-Review of Suspension
As per provisions contained in Rule 10 of CCS(CC&A) Rules, 1965
suspension of a Government servant is valid only for 90 days unless it
is extended after review before expiry of 90 days. It has been observed
by the MoD D(Vigilance) that the suspension order has been struck down
on the ground that the same had not been reviewed by the reviewing
authority before expiry of 90 days.
2. Therefore the Ministry has directed that the provisions of Rule
10(6) and 10(7) of CCS (CC&A) Rules, 1965 which provide for review,
modify and extension of the suspension should strictly be observed in
all such cases to avoid quashing of orders on technical grounds rather
than on merits (copy attached)
3. In this context attention is also invited to DOPT OM No.
11012/4/2003-Estt. (A) dated 07.01.2014 containing review instruction
and HQrs letter no. AN/XIII/13007/2A/Vol-IX dated 09.07.2014 regarding
constitution of review committee.
4. It is requested that all such cases of suspension/review of
suspension of Govt. servant may be reviewed on monthly basis in the
light of above provisions/guidelines.
Please acknowledge receipt.
(V.K. Vijay)
C V O / Jt. CGDA
Most Immediate
Ministry of Defence
D(vigilance)
*******
Subject : Suspension of Government Servants – Review of Suspension order.
Attention is invited to Rule 10 of CCS(CCA) Rules, 1965 relating to
Suspension of Govt. Servant by the competent authority on account of
disciplinary proceedings pending or contemplated against him, or his
engagement in activities prejudicial to the interest of the security of
the State, or case pending against him in any criminal offence, or his
detention or conviction in a criminal case. The suspension is valid only
for 90 days unless it is extended after review for a further period
before the expiry of 90 days. Of late the suspension order has been
struck down on the ground that the same had not been reviewed by the
competent reviewing authority before the expiry of 90 days while it
remained in force.
2. It is hereby urged that the provisions of Rule 10(6) and Rule
10(7) of CCS(CCA) Rules, 1965 which provide for review, modify and
extension of the suspension of the accused should be strictly observed
in all such cases to avoid quashing of orders on technical grounds
rather than on merits. Such cases may be reviewed on monthly basis by
administrative sections of various civilians cadres of Ministry of
Defence.
(Atul Kumar Singh)
Director (Vig)
Source: CGDA[http://cgda.nic.in/adm/circular/suspension24092015.pdf]
Suspension
of Government Servant before expiry of 90 days -Review of Suspension -
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