Memo.No:1733, Dt:03-08-1967 | Suspension - transfer or leave as alternative

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In para 2 of Memo. cited it was clarified that a government employee may be placed under suspension pending investigation into grave charges where such suspension is necessary in the public interest and the object of placing the Government servant under suspension is generally to facilitate easy collection of evidence from witnesses who may hesitate to depose against the officer so long as he is in office or to prevent an officer from tampering with witnesses or records.

2. The question whether an employee should be transferred to another place instead of placing him under suspension was considered by Government. Apart from the two purposes viz., (1) he should not be able to get at the various records on which charges would be based, (2) his capacity to tamper with witnesses or to hamper the investigation should be blocked; a third reason in some cases would be that his propensity for corruption etc. does not get further scope. As regards the first two reasons. it is felt that suspension does not really serve the purpose, as the individual under suspension may actively try to bring pressure and impede the investigation. In regard to the third reason, it is felt that when enquiries are afoot, the chances of his indulging in those practices are reduced to the minimum, if not stopped altogether. Therefore, keeping a person far away from the place where the enquiry is going on may be desirable. There may, however, be some cases where other practical difficulties may exist. In such cases this course of action may not be practicable. According to the instructions in para 18 in Appendix-VI to the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1963 it should be considered at an early stage whether sending the officer on leave (if he is willing to take it) will not be a suitable step to take. There are no instructions prohibiting transfer of an employee to a distant place to enable the concerned authorities to conduct smooth investigation.

3. The Government therefore, direct that instead of placing an employee under suspension pending investigation into grave charges, the desirability of transferring him to some other place or to allow him to go on leave may be considered.

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