Law of Suspension

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 MEANING AND SCOPE OF SUSPENSION

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

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 VALIDITY OF SUSPENSION

      • Grounds ofsuspension : 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

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AUTHORITY COMPETENT TO SUSPEND

      • 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

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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

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DURATION OF SUSPENSION: REVOCATION

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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?

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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

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REINSTATEMENT ON SETTING ASIDE OF DISMISSAL ETC. BY COURT

REINSTATEMENT ON SETTING ASIDE DISMISSAL ETC. IN DEPARTMENTAL

PROCEEDINGS

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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

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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

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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

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