|Originally posted by : Ramesh Singh
||Welcome back Mr. Sai Sir,
your question is not of good taste!
Kindly refer: DoPT O.M. NO. 11012/17/2013-Estt(A) Dated. 2nd Jan 2014.
[Suspension of central government employee-Consolidated Guidelines and Instruction issued by Department of Personel & Training, Ministry of Personel, Pensioner & Public Grievance]
I have gone through it but I couldn't find any answer to the query I posed in this post, "The mere issuance of Warrant (or) only The Actual arrest (custody of 48 hours) leads to suspension".
And what is your view on the bolded words of the above and also of the below paragraph because an appeal against the adverse order is pending in high court.
In cases where a Government servant is reported to have acted in a manner unbecoming of a Government servant as, for instance, by neglect of his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules. In this connection, a reference is invited to Rule 11 of the CCS (CCA) Rules, which specified the nature of penalties that may for good and sufficient reasons, be imposed on a Government servant. It has been held that neglect by a Government servant of his wife and family in a manner unbecoming of a Government servant may be regarded as a good and sufficient reason to justify action being taken against him under this rule.
It should, however, be noted that in such cases the party affected has legal right to claim maintenance. If any legal proceedings in this behalf should be pending in a court of law, it would not be correct for Government to take action against the Government servant on this ground as such action may be construed by the court to amount to contempt.
[MHA OM No. F.25/16/59-Ests. (A) dated the 1st September, 1959].