Chapter 4: SERVICE
CONDITIONS FOR CIVIL SERVICE: SUSPENSION
Suspension is an order that debars public servants from
using his powers or performing his duties.It is done to
ensure that the bureaucrat doesn't use his power to tamper
with evidence, records or witnesses. It is also done to
retain the faith of the public in the system.
- The suspended employee continues to remain bound to
service rules applicable to other on duty personnel.
- He can be suspended without hearing.
- He can be liable for other misconducts.
- He can be suspended even on leave / absconding.
- A retrospective order for suspension or reinstatement
Suspension can be done by the state government in case of
All India Officers. The action for suspending has to be
taken under extreme conditions as it may damage staff
When a complaint is received against an officer related to
administrative lapses a discrete inquiry is conducted before
deciding on suspension. In case of vigilance or corruption
related cases too a preliminary probe is conducted.
Since a suspended employee receives salary it becomes a
burden on the exchequer and can overburden other staff. Thus
for minor offences a penalty or warning can be imposed.
Suspension becomes necessary when:
- Offence of moral turpitude.
- Criminal offence involving arrest and custody
imprisonment for more than 48 hours.
- Endangering national security.
- Public scandal.
- Embezzlement and fraud
- Serious dereliction of duty
- Probability of being found guilty of a major offence
- Can tamper with evidence if kept on duty.
Suspended employee can't resign unless the inquiry has been
pending for a long time and there is no fault of his. It
would be cheaper to accept resignation as evidence not
enough to dismiss him on a grave charge.
Resignation isn't accepted if inquiry is near completion
and evidence exists to dismiss him on a grave charge.
Government servant has to be reinstated if inquiry doesn't
finish in 2 years. Or evidence to pronounce him guilty but
on a lesser charge or no evidence found against him.
If the department promotion committee finds him suitable
for promotion they give their recommendations in a sealed
cover and after the inquiry the employee is exonerated then
the sealed cover recommendations are accepted else ignored.
If he is found guilty on a lesser charge then to it is the
government's discretion to act on the recommendation of the
If the suspended employee dies during suspension then the
inquiry is closed and he is paid full salary from the date
of his suspension till his death.
The Anti corruption agencies can act on complaints of bribe
demands and trap the corrupt officer red handed. The
agencies have to act only on specific complaints as sting
operations aren't allowed. The money has to be procured by
the victim. The agency can however raid a premise to capture
the bribe giver and taker red handed without either of them
ACB / CBI has to follow the standard operating
procedure after complaint is filed:
- He has to verify the complainants
and officials identity and their relation.
- He has to take permission of the
D.G.P of A.C.B for state government employees or Chief
secretary and CM for All India Employees.
- He has to lodge FIR with a special judge of Anti
Independent witnesses have to witness the conversation and
Note: Phenolpthalein indicator is used to coat the
bribe and when the official accepts it his hands are
coated with it. When phenolpthalein is dipped in basic
solution it turns pink.
Is different from a departmental inquiry as it is a fact
finding mission. It is done by an supervisor in
administration to ascertain facts as a departmental inquiry
shall cause embarrassment and lower morale in case of false
In preliminary inquiry there is no need to give chance to
the accused officer to cross examine witness or right to be
heard. Supervisor can follow his own procedure to conduct
such inquiry. Normally if inquiry is going on accused
shouldn't be allowed to resign as this shall make him
eligible for retirement perks which could be taken away if
he's found guilty.
Similarly complaint found bogus then a case can be filed
against the complainant too.
CVC doesn't entertain complaints from anonymous or
pseudo-anonymous i.e. false name and address as it is a
convenient way to harrass employees.
Complaints against Government servants
The complaint can be of the following types:
- Vigilance related
- Criminal offence
- Administrative related
These complaints may be connected with demand for bribe,
misappropriation of funds, taking valuable gifts from person
involved in official dealings. It may also be present in
gross negligence, violation of rules, misuse of
discretionary powers and reckless decision making.
For such cases a discrete inquiry is conducted followed by
a FIR and action.
Offences under the penal code are under this category.
These too have to follow the sequence of discreet inquiry,
FIR and then court case.
These are related to violation of conduct or service rules.
They have to be resolved after departmental proceedings.
Prevention of Corruption Act, 1988
Applies to entire country except J&K and even citizens
living outside India.
The following government servants are covered under
- Government servants of union and state.
- PSU, Departmental undertakings, Corporations and company
- State funded institutions.
- Statutory commissions.
Doesn't apply to army, navy, airforce, BSF, Coast guard and
Government can appoint special judges who can order summary
trail and give protection to complainant. However to start
prosecution against government servants consent of
government should be obtained.
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