Under rule 13(1) of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Rules, 1963, a member of a service may be placed under suspension pending enquiry into grave charges, where such suspension is necessary in the public interest. Under the proviso to the said rule, where an employee has been suspended by, an authority subordinate to Government and suspension is continued beyond a period of six months; the fact shall be reported to Government for such orders as it deems fit. Instances have come to the notice of Government where orders issued placing certain employees under suspension or extending suspension period virtually resulted in retrospective operation being given to such orders.
2. It is clarified that if an employee is arrested and kept under detention for a period of more than hours, before he secures his release on bail or on a personal bond, the fiction in rule 13(2) of the above rules is attracted and he is deemed to have been suspended from the date of detention. In a case where the period spent under arrest is less than hours and the appropriate authority makes an order placing him under suspension pending enquiry, retrospective operation cannot be given to such an order.
3. The necessity for continuance or otherwise of a government employee under suspension is required to be reviewed by the Government at intervals of not more than six months in accordance with the instructions issued in para 18(c) in Appendix VI to above rules. The object of these instructions is only to ensure that a Government employee placed under suspension pending enquiry is not continued under suspension indefinitely and that the necessity or otherwise for his continuance is reviewed periodically by the Government, so that if, in any case, it is felt that further continuance, of the Government employee involves undue hardship, necessary relief may be granted either by revoking the order of suspension and restoring him to duty or allowing him to proceed on leave. If on account of administrative reasons, it cannot be ensured that such review of the necessity for continuance of an employee under suspension is made before the expiry of the period of suspension and such reviews are made long after the expiry of the period of suspension, the object of the instructions in para 18(c) is defeated. In order that no vacuum may be created where the Government is not able to review a case of suspension in time, the following procedure may be adopted hereafter.
"The
Government have reviewed the case of Sri ................................ who
is under suspension pending enquiry and they have decided that he shall
continue under suspension. The next review will be taken up at the end of six
months from the date of this order".
OPEN - CCA Rules - References (open)
