Memo.No:401, Dt:27-02-1965 | Suspension - consolidated instructions

Ref:- From the Government of India, Ministry of Home Affairs, Office Memo.No.431/56/64-AVD dt. 22-10-64.

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Under rule 13(1) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 a member of a service may be placed under suspension from service, pending investigation or enquiry into grave charges, where such suspension is necessary in the public interest. In para 18(b) in Appendix-VI to the said rules, it has been clarified that the object of placing an officer under suspension is generally to facilitate easy collection of evidence from witnesses, who may hesitate to depose against the Officer, as long as he is in Office, or to prevent the officer from tampering with witness or records.

2. The Government of India have stated that recommendation No.61, of the report of the committee on Prevention of Corruption has been considered and it has been decided that Public Interest shall be the guiding factor in deciding the question of placing a Government Servant under suspension and the disciplinary authority should have the discretion to decide this, taking all factors into account. The Circumstances in which a disciplinary authority may consider it appropriate to place a Government servant under suspension as indicated by the Government of India, are detailed below for the guidance of the concerned authorities in this Government. These are only intended for guidance and shall not be taken as mandatory:-

i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witness or documents)

ii) where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the Public Servant is working.

 

iii) where the continuance in office of the Government servant will be against the wider public interest (other than those covered by (1) and (2) such as there is a public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals particularly corruption.

 

iv) where allegations have been made against the Government servant and the preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental proceedings and where the proceedings are likely to end in his conviction and/or dismissal removal or compulsory retirement from service.

NOTE:

a) In the first three circumstances the disciplinary authority may exercise his discretion to place a government servant under suspension even when the case is under investigation and before a prima facie case has been established.

 

b) Certain types of misdemeanour where suspension may be desirable in the four circumstances mentioned are indicated below: -

i) any offence or conduct involving moral turpitude.

 

ii) corruption embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal again;

 

iii) Serious negligence and dereliction of duty resulting in considerable loss to Government;

 

iv) Desertion of duty;

 

v) refusal or deliberate failure to carry out written orders of superior officers.

In respect of the types of misdemeanour specified in subclauses (iii) (iv) and (v) discretion has to be exercised with care.

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