Consolidated instructions on Suspension

G.Os., Memoranda, U.O.Notes etc issued by Government of Andhra Pradesh

Vig.&Enf. Dept’s Memo.No. 1470/Ser.C/77-2 dt. 26-12- 77.

Several executive instructions were issued by Government to supplement the provisions of the Andhra Pradesh Civil Services (CCA) Rules on the question of the circumstances which would justify, placing a Government employee under suspension pending enquiries etc. The gist of some of the important instructions was communicated in Memo.No. 1470/Ser.C/77-2, dated 26-12-1977. A few other instructions on the subject of suspension were also issued from time to time. Inspite of the above, enquiries are being received on the question, frequently, from the Departments of Secretariat. It is, therefore, considered desirable to communicate the following important and frequently required instructions, some of which have already been included in the Memorandum cited, for information of the Departments of Secretariat and Heads of Departments. These instructions are only to supplement and clarify the provisions contained in the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963.

2. In Memo. No. 401/Ser.C/65-1, G.A. (Ser.C) Dept., dated 27-2-65 instructions were issued that Government servants may be placed under suspension under the following circumstances:

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

    ii.         Where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working; 

   iii.       Where the continuance in office of the Government servant will be against the wider public interest (other than those covered by (i) and (ii) such as there is a public scandal and it is 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 of corruption.

  iv.     Where allegations have been made against the Government servant and the preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental proceedings and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.

 NOTE:-  a) In the first three circumstances the disciplinary authority may exercise his discretion to place Government servant under suspension even when the case is under investigation and before a prima facie case has been established. 

b) Certain types of misdemeanour where suspension may be desirable in the four circumstances mentioned are indicated below: 
any offence or conduct involving moral turpitude;

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

                    ii.        serious negligence and dereliction of duty resulting in considerable loss to Government. 

                   iii.        Refusal or deliberate failure to carry out written orders of superior officers.

3. In confidential Memo.No. 204/Ser.C/76-3, G.A. (Ser.C) Department dated 31-5-76 it has been directed that the officers trapped in corruption be placed under suspension immediately and that if there is likely to be any interregnum between the trap and the actual relief of the trapped officer after being placed under suspension, the competent authorities should consider whether the officers could be transferred immediately to that material evidence is not destroyed and that arrangements should be made to relieve trapped officers forthwith.

4. In Memo.No. 488/Ser.C/81-1, G.A. (Ser.C), dt. 21-4-81 it was clarified that public interest should be the guiding factor in deciding the question of placing a Government servant under suspension. It was also clarified that as and when criminal charges are framed by a competent court against a Government servant, the disciplinary authority should consider and decide the desirability of placing such a Government servant under suspension if he is not already under suspension.

5. In Memo.No. 2213/Ser.C/66-8, G.A. (Ser.C), dt. 30-11- 66 instructions were issued that in order to ensure that suspension is not resorted to for simple reasons the Government have decided that where the reinstating authority held that the suspension of the employees was wholly unjustified and it made an order that for the period of suspension, the employee concerned be paid full pay and allowances, proceedings should be initiated under rule 19 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules against the officer who suspended the employee and the question of recovery from the pay of such officer the whole or part of the pecuniary loss caused to the Government due to payment of pay and allowances under F.R.54 should be considered.

6. According to Memo.No. 1993/Ser.C/65-4, G.A. (Ser.C), dt. 28-12-65 where the work and conduct of an employee who is appointed temporarily are not satisfactory he need not be placed under suspension pending enquiry as it involves financial loss to Government nor should disciplinary action be taken against him but he should be discharged in terms of his appointment, by an innocuous order so as to avoid complications.

7. In Memo.No. 1733/Ser.C/67-2, G.A. (Ser.C), dt. 3-8-67 instructions were issued that instead of placing an employee under suspension pending investigation into grave charges the desirability of transferring him to some other place or to allow him to go on leave may be considered.

8. As per the instructions issued in the Memo.No.904/ Ser.C/67-1, dated 29-5-1967 the necessity for continuance or otherwise of a Government employee under suspension is required to be reviewed by the‘ Government at intervals of not more than 6 months. The object is to ensure that Government employee placed under suspension is not continued under suspension indefinitely and that the necessity or otherwise for his continuance is reviewed periodically by Government so that if in any case it is felt that the further continuance of the Government employee involves unduehardship, necessary relief maybe granted, either by revoking the order of suspension and restoring him to duty or allowing him to proceed on leave.

9. It was laid down in the Memo.No. 904/Ser.C/67-1, dated 29-5-1967 that in cases of suspension and review the following procedure may be adopted:

(a) Where an employee is suspended the order may be so drawn up that he is suspended, pending enquiry, until further orders;

(b) When upon a review which may be ordinarily made at intervals of not more than six months, it is considered that he should be continued under suspension, the order that may be made after such review may be as follows:-

“The Government have reviewed the case of Sri .......................... who is under suspension pending enquiry and they have decided that he shall continue under suspension. The next review will be taken up at the end of six months from the date of this order”.

10. According to the instructions issued in Memo.No.365/ Ser.C/79-1, G.A.(Ser.C) Department dated 11-6-1970 the case of all officers who are, under suspension for six months irrespective of the fact, whether the cases are under investigation by the Anti- Corruption Bureau or pending enquiry before the T.D.P. or a departmental authority or pending trial before the court of Special Judge for Special Police Establishment and Anti-Corruption Bureau cases or pending with the Government will have to be reviewed by the Government and the Government should have adequate and sufficient material before them to judge the necessity or otherwise of the continuance of the suspension. The Director, Anti-Corruption Bureau should send his reports to the Government not only in respect of cases which are under investigation by the A.C.B. but also in cases pending enquiry before the Tribunal for Disciplinary Proceedings and trial in the court of the Special Judge for Special Police Establishment and Anti-Corruption Bureau Cases. He need not, however, send reports in cases where enquiries are being conducted by Departmental Authorities or in cases pending with the Government after the receipt of the Tribunal for Disciplinary Proceedings and the judgment of the Special Judge for the Special Police Establishment and Anti-Corruption Bureau cases.

11. In Memo.No. 1640/81-1, G.A. (Ser.C), dt. 2-1-82 instructions were issued, that in all cases of alleged malpractices relating to Leave Travel Concession suspension need not be resorted but disciplinary action may however, be initiated and that depending upon the outcome of the disciplinary action necessary further action may be taken either to recover the amount fraudulently drawn or/and award suitable punishment as per Classification, Control and Appeal Rules.