Ref:- From the Vigilance Commissioner's Lr.No.2264/LA/71-1, dt. 3-6-1971.
1. It should be ensured
that the order of suspension should state - -
a) that there is a pending
investigation or enquiry against the Government employee;
b) that the alleged
investigation or enquiry is into grave charges; and
c) that the suspension is
necessary in public interest.
2. the order should
indicate the subsistence allowance which should be paid to the delinquent
officer.
2. The Vigilance Commission has also stated that it was observed that in some cases, referred to the Tribunal for Disciplinary Proceedings, the Government directed a subordinate authority (who was also competent to place the officer under suspension) to place the officer under suspension and when the latter complied with those instructions, the High Court held that the latter surrendered its judgment to the former and accordingly struck down the order of suspension. He has, therefore, suggested that in cases referred by the Government to the Tribunal for Disciplinary Proceedings for enquiry and report, the Government themselves should pass the order of suspension and not direct a subordinate authority to place the officer under suspension and requested the issue of suitable instructions in this regard to all Departments of the Secretariat.
3. The power to suspend a member of a service is concurrently vested in the Government and in the authorities specified in Rules 14 and 15 of the A.P.C.S. (C.C.A.) Rules, 1963. The Vigilance Commission has sought to emphasize that when the Government decide to refer a case to the Tribunal for Disciplinary Proceedings and to suspend the Government employee concerned, pending enquiry by the Tribunal, the order of suspension should be passed only by the Government and not by any subordinate authority. In order to avoid orders of suspension issued by a subordinate authority, in pursuance of the directions of the Government, being struck down by a Court of Law, the Government accept the suggestion of the Vigilance Commissioner.
4. The Government accordingly
direct that in cases of employees referred by the Government to the Tribunal
for Disciplinary Proceedings for enquiry and report and where the Government
employees concerned are to be placed under suspension, the orders of suspension
are passed by the Government themselves and that in no such case should the
Government direct a subordinate authority to place the Government employee
under suspension.
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