2. Except in cases where a government
servant is deemed to have been placed under suspension under rule 13(2) of the
Andhra Pradesh Civil Services (C.C.&A.) Rules, 1963, the order of
suspension will ordinarily be communicated to the Government servant
immediately after it is passed. A difficulty may, however, arise in determining
the date from which the Government servant is under suspension, if the
Government servant placed under suspension is -
(c) one holding charge of
stores, cash, warehouses, seized goods, bonds, etc., and he has to be relieved
of the charge; and
(d) on leave or absent from duty without permission or availing joining time.
3. The Government have
examined the question and they issue following instructions:
(i) In cases referred to in
items (a) and (b) above, it will not be feasible to give effect to an order of suspension
from the date on which it is passed, owing to the fact that during the intervening
period, a government servant may perform certain functions lawfully exercisable
by him or may enter into contracts, etc. In such cases, the order of suspension
takes effect from the date of its service on the Government servant concerned.
(ii) In cases referred to
in item (c) above, the concerned Government servant may not be able to hand
over charge immediately on receipt of suspension order by him, without checking
and verification of stores, cash etc., and the order of suspension takes effect
from the date of formal handing over of the stores, cash etc., by the
Government servant concerned.
(iii) In cases referred to in item (d) above, the order of suspension takes effect from the date of its despatch from the office of the authority which passed it. Where a government servant on leave is suspended, it is not necessary to recall him from leave, but it is sufficient if the unexpired portion of the leave is cancelled by an order to that effect.
4. It may be borne in mind that no order of suspension should be made with retrospective effect, as a retrospective order of suspension is illegal.
5. The Government also direct that the above orders will apply mutatis mutandis to an order imposing the penalty of dismissal, removal, or compulsory retirement on a government servant.
6. The Heads of Departments
etc., are requested to follow the above instructions in determining, the date of suspension of a government
servant pending inquiry, or the date of his dismissal, removal, or compulsory
retirement, as the case may be.
