[Memo. No.488/Ser.C/81-1, Genl. Admn. (Ser.CJ Dept., dated 21-4-1981]
Ref:
1. Confidential Memo
No.401/Ser.C/65-1, G.A. (Ser.C), dated 27-2-65.
2. Memo
No.904/Ser.C/67-1, G.A.D., dated 29-5-1967.
3. Letter
No.129/16/81-AVD.l, dt. 26-3-81 from the Government of lndia, Ministry of Home
Affairs, New Delhi.
According to 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 the memo. 1st cited, the guidelines indicated by the Government of India, relating to the circumstances in which a disciplinary authority may consider it appropriate to place a Government servant under suspension, were communicated. It will be seen from the said guidelines that the ‘Public interest’ should be the guiding factor in deciding the question of placing a Government servant under suspension. Instructions have also been issued in the Memo. second cited that in order to ensure that suspensions are not continued indefinitely without justification, the cases of officers placed under suspension should be reviewed every six months and orders of Government obtained for continuing the period of suspension for a specified period not exceeding six months at a time.
2. The Supreme Court in the case of
Niranjan Singh and others vs. Prabhakar Rajaram Khorote and others (SLP No.393
of 1980) have made some observations about the need/ desirability of placing a
Government servant under suspension against whom serious charges have been
framed by the Criminal Court, unless exceptional circumstances suggesting a
contrary course exist. Consequent on the above judgment of the Supreme Court,
the Government of India have issued instructions that as and when criminal
charges are framed by a competent court against a Government servant, the
disciplinary authority should consider and decide the desirability of placing
such a Government servant under suspension, if he is not already under suspension.
If the Government servant is already under suspension or is placed under
suspension, the competent authority should also review the case from time to
time, in accordance with the instructions on the subject and take a decision
about the desirability of keeping him under suspension till the disposal of the
case by the Court.
