A question has been raised whether a member of a service who was detained in custody on criminal charge or otherwise for a period exceeding forty eight hours and who, under sub-rule (2) of Rule 13 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules is deemed to have been suspended with effect from the date of detention, has a right to be restored to duty if he is granted bail.
It
is clarified that a member of a service, who is deemed under the said sub-rule
to have been suspended by an order of the competent authority to suspend him,
remains under suspension until further orders. The further orders contemplated
by the said sub-rule are those of the competent authority or of a higher
authority; under sub-rule (5) thereof. The competent authority or the higher
authority, need not necessarily revoke the order of suspension when the member
of a service, who is arrested and detained on a criminal charge or otherwise,
for a period exceeding forty eight hours is released on bail, but the said
authority may revoke the orders of suspension and admit him to duty, or grant
him leave during the period, if applied for by him, if the said authority
thinks fit to do so, having regard to the nature of the charge and the other
circumstances of the case. The mere fact that the member of a service has been
granted bail does not give him a right to be restored to duty.
OPEN - CCA Rules - References (open)
