Law of Suspension

• • • Meaning of suspension
    • Nature of suspension
    • Scope of suspension
    • Approval of suspension

 VALIDITY OF SUSPENSION

• • • Grounds of suspension: Justification
    • Suspension vitiated by bias and mala fides
    • Failure to review suspension periodically
    • Second suspension order on same grounds
    • Challenge against the validity of suspension as an industrial dispute

 KINDS OF SUSPENSION

 SUSPENSION PENDING DISCIPLINARY PROCEEDINGS

 SUSPENSION PENDING CRIMINAL PROCEEDINGS

SUSPENSION BY WAY OF PUNISHMENT

AUTHORITY COMPETENT TO SUSPEND

• • • Right to employer to suspend
    • Authority empowered to suspend
    • Authority to suspend cannot be delegated
    • Power to suspend Judicial Officers

ARTICLE 311 OF THE CONSTITUTION NOT APPLICABLE

DEEMED OR AUTOMATIC SUSPENSION

RETROSPECTIVE SUSPENSION

SUSPENSION ORDER EFFECTIVE ONLY ON COMMUNICATION

CONSEQUENCES OF SUSPENSION

• • • Right of employee to work
    • Right of employer to ask employee not to leave the headquarters
    • Right of employer to ask employee to sign in attendance register
    • Suspension, if amounts to punishment
    • Whether suspended employee can resign
    • Retirement on superannuation
    • Compulsory retirement or termination
    • Whether period of suspension excluded in computing
    • period of probation
    • Whether promotions and increments affected by suspension
    • Right to work as defence assistant
    • Confirmation : Sealed cover procedure
    • Promotion : Sealed cover procedure
    • Fixing seniority on promotion after exoneration
    • Compassionate appointment for suspended employee’s widow

DURATION OF SUSPENSION: REVOCATION

SUBSISTENCE ALLOWANCE DURING SUSPENSION

• • • Payment of subsistence allowance depends on rules
    • Payment of wages during suspension
    • Effect of non-payment of subsistence allowance
    • Whether subsistence allowance is wages
    • Variation in amount of subsistence allowance
    • Suspension by way of punishment
    • Revision of pay scale : Whether affected by suspension
    • Recovery of paid subsistence allowance whether permissible?

PAY AND ALLOWANCES ON REINSTATEMENT-REGULARISATION

• • • Reinstatement on revocation etc. of suspension
    • Employee retiring during suspension
    • On acquittal by criminal court
    • When minor penalty imposed
    • Opportunity of hearing
    • Decision whether employee entitled to full pay and allowances
    • or not for the period of suspension

REINSTATEMENT ON SETTING ASIDE OF DISMISSAL ETC. BY COURT

REINSTATEMENT ON SETTING ASIDE DISMISSAL ETC. IN DEPARTMENTAL

PROCEEDINGS

CHALLENGING ORDER OF SUSPENSION

• • • In departmental proceedings
    • Before Administrative Tribunals
    • Before Civil Courts and High Courts
    • Before the Supreme Court

GROUNDS FOR CHALLENGING ORDER OF SUSPENSION

PROLONGED SUSPENSION

LIMITATION FOR CLAIMING WAGES FOR PERIOD OF SUSPENSION

DEFIANCE OF SUSPENSION ORDER

STATUTORY RULES ON SUSPENSION

• • • All India Services (Discipline and Appeal) Rules, 1969
    • Delhi Police (Punishment and Appeal) Rules, 1980
    • Fundamental Rules and Supplementary Rules
    • Indian Railway Establishment Code, Vol. II
    • Railway Servants (Discipline and Appeal) Rules, 1968
    • Central Civil Services (Classification Control and Appeal) Rules, 1965
    • Kerala Payment of Subsistence Allowance Act, 1972
    • Tamil Nadu Payment of Subsistence Allowance Act, 1981
    • West Bengal Payment of Subsistence Allowance Act, 1969
    • Shastry Award
    • Desai Award

STANDARD FORMS

• • • Certificate to be furnished by the suspended official
    • Order placing an officer under suspension when he is
    • detained in custody
    • Standard form of order of suspension
    • Standard form of order for revocation of suspension order