MEANING AND SCOPE OF SUSPENSION
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- Meaning of suspension
- Nature of suspension
- Scope of suspension
- Approval of suspension
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VALIDITY OF SUSPENSION
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- 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
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KINDS OF SUSPENSION
SUSPENSION PENDING DISCIPLINARY PROCEEDINGS
SUSPENSION PENDING CRIMINAL PROCEEDINGS
SUSPENSION BY WAY OF PUNISHMENT
AUTHORITY COMPETENT TO SUSPEND
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- Right to employer to suspend
- Authority empowered to suspend
- Authority to suspend cannot be delegated
- Power to suspend Judicial Officers
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ARTICLE 311 OF THE CONSTITUTION NOT APPLICABLE
DEEMED OR AUTOMATIC SUSPENSION
RETROSPECTIVE SUSPENSION
SUSPENSION ORDER EFFECTIVE ONLY ON COMMUNICATION
CONSEQUENCES OF SUSPENSION
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- 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
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DURATION OF SUSPENSION: REVOCATION
SUBSISTENCE ALLOWANCE DURING SUSPENSION
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- 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?
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PAY AND ALLOWANCES ON REINSTATEMENT-REGULARISATION
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- 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
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REINSTATEMENT ON SETTING ASIDE OF DISMISSAL ETC. BY COURT
REINSTATEMENT ON SETTING ASIDE DISMISSAL ETC. IN DEPARTMENTAL
PROCEEDINGS
CHALLENGING ORDER OF SUSPENSION
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- In departmental proceedings
- Before Administrative Tribunals
- Before Civil Courts and High Courts
- Before the Supreme Court
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GROUNDS FOR CHALLENGING ORDER OF SUSPENSION
PROLONGED SUSPENSION
LIMITATION FOR CLAIMING WAGES FOR PERIOD OF SUSPENSION
DEFIANCE OF SUSPENSION ORDER
STATUTORY RULES ON SUSPENSION
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- 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
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STANDARD FORMS
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- 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
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