Suspension
YP Singh
(Querist) 28 August 2013
This query is : Resolved
Dear Sir,
It is requested to provide the advice as per rules in the following subject matter:
1. Mr ‘X’ having central Govt service is suspended & kept under deemed suspension under rule 10 of CCS (CCA) rules 1965 at station ‘A’ due to implication in a trap case by CBI. After trap he has been posted out to station ‘B’ & case trail will be conducted at station ‘C’ in CBI court.
2. As per CCS (CCA) rule the following has been mentioned under the heading ‘Headquarter during suspension’
An officer under suspension is regarded as subject to all other conditions of service applicable to Government servants and cannot, therefore, live his headquarter without prior permission.
3. In this scenario Can the permission be granted to Mr ‘X’ to leave station ‘B’ & stay at other convenient station to defend / look after the case at station ‘C’ as there is no any other investigation / enquiry etc is in progress or to be conducted at station ‘B’ . Does it will affect the subsistence allowance payable to the officer on furnishing NON EMPLOYMENT CERTIFICATE as per FR 53(2). Can the subsistence allowance be denied in this case or any other case as the officer is not being allowed to do any work due to suspension.
With regards
Y saini
Guest
(Expert) 28 August 2013
First of all, the sentence, "cannot, therefore, LIVE his headquarter without prior permission,," as quoted by you gives a wrong sense about the rule, which contains the "LEAVE", but not "live", as mentioned by you.
Leaving of headquarter is different than fixing of headquarter. The original HQ would remain the same from where the GS is suspended. He cannot go out of the HQ station of suspension even for one hour without taking prior permission of the disciplinary authority.
Secondly, if requested in writing, the disciplinary authority can change HQ of the suspended employee, if request is accepted.
Suspension allowance on production of non-employment certificate cannot be denied, if the Government servant has fulfilled the conditions of suspension, including not leaving the HQ.
Your query about affecting the suspension allowance is purely of academic nature as you have not mentioned whether suspension allowance has been denied to you and, if so, on what ground.
Sudhir Kumar, Advocate
(Expert) 28 August 2013
fully agreed with Mr Dhingra.
I will just add that even if HQ and place of trial are different he cannot be denied permission to visit for trial dates.
Murali Krishna
(Expert) 28 August 2013
With due respect to above three experts, I differ with one point. Head quarters of a suspended employee does not mean that Head quarters of his head office/Main office. It is the office (even if it is a branch) where he was working prior to his suspension. For case law on similar issues can be had from Mansingh Vs. UOI 2003(3)SCC 464; State Of Raj Vs. Baksish Singh 1998(8) SCC 222, State Of Punjab Vs. Charanjit Singh, 2003(8)SCC 458.
For attending office and subsistence allowance, he can refer to State of Punjab & Ors. Vs. Dharam Singh, (1997) 2 SCC 550 which clarified position.
Even during period of suspension, an employee has to attend office, since master servant relation does not cease by suspension.
Guest
(Expert) 28 August 2013
Mr Murali Krishna,
I wonder on what point you differ with me. Did I say anywhere in my reply that Head quarters of his head office/Main office?
I wrote, "The original HQ would remain the same from where the GS is suspended." I am sorry to note, if you are unable to interpret even the simple words about station of suspension, i.e., his own office where he was working suspended. Mind it, matters of commonsense do not need any citation.
P. Venu
(Expert) 29 August 2013
A suspended employee is not required to attend the office or sign the attendance register or report to any authority.
Guest
(Expert) 29 August 2013
I wish Mr. Venu could have read the question carefully before replying.
Rajendra K Goyal
(Expert) 29 August 2013
Well advised by the expert PS Dhingra ji. nothing more to add.
P. Venu
(Expert) 29 August 2013
My reply is restricted to clarifying the confusion that may arise from Shri Murali Krishna's observation that "even during suspension, the employee has to attend the office".
Guest
(Expert) 29 August 2013
Mr. Venu,
When the views are not in reply to main question, but as a response to some other's views, it is better give reference to the expert's reply, so that no condusion about reply arise, if not in line with the spirit of the query.
Sudhir Kumar, Advocate
(Expert) 29 August 2013
I strongly disagree with the view of Mr Murli Krishna
"Even during period of suspension, an employee has to attend office, since master servant relation does not cease by suspension."
Mere fact of suspension indicates that the presence of person in the office is not desirable. His being in office without work (free to tamper evidence) defeats purpose of suspension.
MAster servant relations do not require person to be always in office.
Sudhir Kumar, Advocate
(Expert) 29 August 2013
Facts are scattered on many threads :
http://www.lawyersclubindia.com/experts/Suspension-419181.asp
http://www.lawyersclubindia.com/experts/Investigation-of-Trap-case-413881.asp
http://www.lawyersclubindia.com/experts/Legality-of-signature--417856.asp
http://www.lawyersclubindia.com/experts/Signature-388006.asp
http://www.lawyersclubindia.com/experts/suspension-419181.asp#.Uh9S63_Qzmk
He simply want to take test of experts expecting them to hunt fact of his case and then respond on which
Sudhir Kumar, Advocate
(Expert) 29 August 2013
Facts are scattered on many threads :
http://www.lawyersclubindia.com/experts/Suspension-419181.asp
http://www.lawyersclubindia.com/experts/Investigation-of-Trap-case-413881.asp
http://www.lawyersclubindia.com/experts/Legality-of-signature--417856.asp
http://www.lawyersclubindia.com/experts/Signature-388006.asp
http://www.lawyersclubindia.com/experts/suspension-419181.asp#.Uh9S63_Qzmk
He simply want to take test of experts expecting them to hunt fact of his case and then respond on which
Guest
(Expert) 30 August 2013
Mr. Murli Krishna,
Regarding your statement, "even during period of suspension, an employee has to attend office, since master servant relation does not cease by suspension," can you please quote specific rule or Government of India's decision/ instruction for the employee requiring him to attend the office during his suspension?
In fact suspension is resorted to by the administration/ management only when the employee is not desired to attend office, as he can become a cause of hinderance in investigation or to keep him away to avoid tampering of evidence/ documents, which are likely to go against him in the case.
