Hi, I am looking for clarification regarding the regularization of the suspension period. An employee working in an Autonomous Body under the Ministry of Culture, Government of India, was placed under suspension under Rule 10(1) of the CCS (CCA) Rules 1965 w.e.f. 11.05.2015. Subsequently, a charge sheet was issued, and an Inquiry Officer was also appointed to inquire into the charges. The Inquiry Officer had two sittings with the suspended employee, and the Inquiry report is yet to be submitted to the Disciplinary authority with no final orders issued.
In the meantime, the suspension has been revoked under Rule 10(5)(c) w.e.f. 05.02.2016 by the Disciplinary authority, with no conditions imposed in the revocation order. In the circumstances, I am of the opinion that the period of suspension has to be treated as duty, and full pay and allowances should be admitted, as the charges were not proved, and it is presumed that the administration has decided that no formal proceedings need to be drawn up with a view to imposing a penalty under Rule 10(5)(c). Kindly clarify whether my opinion is correct or not. If not, I need further clarification in this regard. Thank you.
From India, Chennai
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In the meantime, the suspension has been revoked under Rule 10(5)(c) w.e.f. 05.02.2016 by the Disciplinary authority, with no conditions imposed in the revocation order. In the circumstances, I am of the opinion that the period of suspension has to be treated as duty, and full pay and allowances should be admitted, as the charges were not proved, and it is presumed that the administration has decided that no formal proceedings need to be drawn up with a view to imposing a penalty under Rule 10(5)(c). Kindly clarify whether my opinion is correct or not. If not, I need further clarification in this regard. Thank you.
From India, Chennai
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Prolonged Suspension of the employee.docx