2. Government Memorandum No. 2568/Ser.C/63-3 Genl.Admn. (Ser.C) Dept., dt: 27-11-1963 as amended by
Memo.No.1361/65-2, Genl.Admn. (Ser.C) Dept., dt.28-9-1965.
In the Government Memo cited, instructions have been issued that in all cases, where the circumstances leading to a Government servant's reinstatement reveal that the authority which terminated his service, either wilfully did not observe, or through gross negligence failed to observe the proper procedure, as laid down in the A.P.C.S. (C.C.A) Rules, 1963, before terminating his service, proceedings should be instituted against such authority, under Rule 19 of the said rules and the question of recovering from such authority the whole or part of the pecuniary loss arising from the reinstatement of the Government servant should be considered.
2. It has been brought to the notice of Government that in certain cases suspensions were resorted to, for simple reasons, in contravention of the rules and the instructions on the subject. According to Rule 13(1) of the C.C.A. Rules, 1963, a government employee may be placed under suspension, pending investigation into grave charges, where such suspension is necessary in the public interest. In para 18 in appendix VI to the said rules, it has been clarified that the object of placing a government servant under suspension is generally to facilitate easy collection of evidence from witnesses, who may hesitate to depose against an officer, so long as he is in office, or to prevent an officer from tampering with witnesses or record. Under rule 20 of the C.C.A rules, an appeal may be preferred to higher authority against placing an officer under suspension. Under F.R. 54, if the authority competent to order the reinstatement of an employee from suspension is of the opinion that it was wholly unjustified, the Government servant may be given full pay and allowances to which he would have been entitled to had he not been suspended. It is, therefore, necessary to ensure that suspension is resorted to, only where it is absolutely essential and in public interest.
3. In order to ensure that suspension is not resorted to for simple reasons, the Government have decided that action, as indicated in para 3 of the Memo cited, may be taken i.e., where the reinstating authority held that the suspension of the employee was wholly unjustified and it made an order that for the period of suspension the employee concerned be paid full pay and allowances, proceedings should be instituted, under rule 19 of the said rules, against the officer who suspended the employee, and the question of recovering from the pay of such officer the whole or part of the pecuniary loss caused to Government, due to payment of pay or allowance under F.R.54, should be considered.
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