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Tuesday, August 28, 2018

The Government Employee's Suspension Can Not Be For An Indefinite Period

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The Government Employee's Suspension Can Not Be For An Indefinite Period

The Supreme Court has said that suspension of government employees may not be for an indefinite period. It should be enough for a limited period. In response to this comment, the court canceled the cancellation of a six year old Kididai lane of IG. Justice AS Bobby's back said in his verdict that the government feels that the accused can bluff the Kanidai lock with evidence and if Akilas are there then they can be kept in another place. IG of Tamil Nadu Pramodikum was accused of accepting money from a company's directors Kanidai Lakkii. These directors were Akikas involved in investing Rs 1200 crore of investors. Kannidai Lakki was suspended for suspending the IG.

(1) Report of arrest to superiors by Government servants:-

It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.

[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]

State Governments have also been requested to issue necessary instructions to Police authorities under their control to send prompt intimation of arrest and/or release on bail etc. of Central Government servant to the latter’s official superiors.

(2) Headquarters of Government servant under suspension.

A question recently arose whether an authority competent to order the suspension of an official has the power to prescribe his headquarters during the period of suspension. The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs.

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source :- Akila News
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