Thursday, December 18, 2014

Does a suspended govt official get LTC? What about pension? 10 things to know

WHAT happen when a government servant gets suspended? Currently, a number of rules such as CCS (CCA) Rules 1965, or Fundamental Rules etc. along with a number of orders constitute the basic framework of suspension rules. Should a suspended official get LTC, or leave? And what happen if he retires and then claims pension. Here are 10 things to know about suspension:

1. Why suspension should be resorted sparingly?
Suspension, though not a penalty, is to be resorted to sparingly. Whenever a government servant is placed under suspension not only does the government lose his services but also pay him for doing no work. It also has a stigma attached to it. Therefore the decision to place a government servant under suspension must be a carefully considered decision and each case would need to be considered on merits.

2. When can a government servant be placed under suspension?
A government servant can be placed under suspension under the following circumstances:
(a) where, a disciplinary proceeding against him is contemplated or is pending;
(b) where, in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the state;
(c) where, a case against him in respect of any criminal offence is under investigation, inquiry or trial.

3. When suspension is considered desirable?
It is considered desirable if
(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 gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to government;
(iv) desertion of duty etc.

4. When should reasons of suspension be communicated?
The reasons for suspension, if not indicated in the suspension order itself, should be communicated within three months.

5. What’s deemed suspension?
A government servant shall be deemed to have been placed under suspension by an order of appointing authority –
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
(c) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a government servant under suspension is set aside in appeal or on review and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

6. How much a government servant is paid when he is under suspension?
A government servant under suspension is not paid any pay but is allowed a subsistence allowance --an amount equivalent to the leave salary which the government servant would have drawn if he had been on leave on half average pay or half pay and in addition dearness allowance, if admissible on the basis of such leave salary. Subsistence allowance is reviewed after 3 months and may be increased by up to 50% of the allowance during the first 3 months or reduced by up to 50% of the allowance during the first 3 months.

7. Can a suspended government servant get promotion during suspension?
The officer under suspension shall be considered by the DPC along with others. However, them recommendations in respect of those under suspension shall be placed in a sealed cover. The sealed cover shall be opened/not acted upon depending on the outcome of the disciplinary proceedings. If an officer is suspended subsequent to the meeting of the DPC but before he is actually promoted, then the recommendations would b deemed to have been placed in the sealed cover.

8. Is a government servant under suspension eligible to avail of LTC?
No, he is not eligible as he cannot get any leave including casual leave during the period of suspension. As he continues to be in service during the period of suspension, members of his family, however, are entitled to LTC.
9. Is a suspended government servant eligible to take leave?
Leave may not be granted to a government servant under suspension.

10. Can a government servant get pension once he retires? 
A government servant who retires while under suspension is entitled to provisional pension equal to the maximum pension on the basis of qualifying service up to the date immediately preceding the date on which he was placed under suspension. Gratuity will not, however, be paid until the conclusion of disciplinary proceedings except where the proceedings are under Rule 16 of CCS (CCA) Rules (for imposition of minor penalty).

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