Suspension

Suspension

1) A Government Servant of the Andhra Pradesh Civil Services can be placed under suspension by the prescribed authority — where a disciplinary proceeding against him is contemplated or is pending, or where a case against him in respect of any criminal offence is under investigation, inquiry or trial, or where he has engaged himself in activities prejudicial to the interest of the security of the State, as per rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.

2) A member of the All India Services can be suspended under the same circumstances as per rule 3 of the All India Services (Discipline & Appeal) Rules, 1969. Similar provisions are available in the Rules and Regulations applicable to employees of the State Public Sector Undertakings. 

3) Public interest should be the guiding factor in deciding whether a Government servant including a Government servant on leave, should be placed under suspension and whether such action should be taken even while the matter is under investigation and before a prima facie case has been established. Certain circumstances under which it may be considered appropriate to place a Government servant under suspension are given below (Memo.No.401/65-1 G.A. (Ser.C) Dept. dt. 27-2-65; Memo.No. 768/ Ser.C/83-1 G.A. (Ser.C) Dept. dt. 25-8-83):

(i) where the continuance in office of the Government servant will prejudice investigation, trial or any inquiry eg. apprehended tampering with witnesses or documents;

(ii) where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which he is working; 

(iii) where the continuance in office of the Government servant will be against the wider public interest in circumstances other than those mentioned in items (i) and (ii), like where there is a public scandal and it is considered necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals particularly corruption; 

(iv) where a preliminary enquiry into allegations made has revealed a prima facie case justifying criminal or departmental proceedings which are likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service; 

(v) where the public servant is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.

4) In the circumstances covered under items (i), (ii) and (iii), disciplinary authority may exercise his discretion to place the Government servant under suspension even when the case is under investigation and before a prima facie case has been established.

 
5) In the circumstances mentioned above, it may be considered desirable to suspend a Government servant for misdemeanours of the following types:

a)   an offence or conduct involving moral turpitude; 

b)   corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;

c)   serious negligence and dereliction of duty resulting in considerable loss to Government;

d)   desertion of duty; 

e)   refusal or deliberate failure to carry out written orders of superior officers. In cases of types (c), (d), (e), discretion should be exercised with care. 

6) A Government servant may also be suspended by the competent authority in cases in which the appellate or revising or reviewing authority, while setting aside an order imposing the penalty of dismissal, removal or compulsory retirement directs that de novo inquiry should be held or that steps from a particular stage in the proceedings should be taken again and considers that the Government servant should be placed under suspension even if he was not suspended previously. The competent authority may in such cases suspend a Government servant even if the appellate or revising or reviewing authority had not given any direction that the Government servant should be suspended.

7) A Government servant against whom proceedings have been initiated on a criminal charge but who is not actually detained in custody eg. a person released on bail, may be placed under suspension by an order of the competent authority under clause (c) of rule 8(1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991.

8) The Supreme Court, in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others, AIR 1980 SC 785, have made some observations about the need/desirability of placing a Government servant under suspension, against whom serious charges have been framed by a criminal court, unless exceptional circumstances suggesting a contrary course exist. As and when criminal charges are framed by a competent court against a Government servant, the disciplinary authority should consider and decide the desirability or otherwise of placing such a Government servant under suspension in accordance with the rules, if he is not already under suspension. If the Government servant is already under suspension or is placed under suspension, the competent authority should also review the case from time to time, in accordance with the instructions on the subject and take a decision about the desirability of keeping him under suspension till the disposal of the case by the court.