Contents;
I - Meaning and Scope of Suspension;
1. Meaning of suspension;
2. Nature of suspension;
3. Scope of suspension;
4. Approval of suspension;
II - Validity of Suspension;
1. Grounds of suspension : Justification;
2. Suspension vitiated by bias and mala fide;
3. Failure to review suspension periodically;
4. Second suspension order on same grounds;
5. Challenge against the validity of suspension as an industrial dispute;
III - Kinds of Suspension;
IV - Suspension Pending Disciplinary Proceedings;
V - Suspension Pending Criminal Proceedings;
VI - Suspension by way of Punishment;
VII - Authority Competent to Suspend;
1. Right of employer to suspend;
2. Authority empowered to suspend;
3. Authority to suspend cannot be delegated;
4. Power to suspend Judicial Officers;
VIII - Article 311 of the Constitution not applicable;
IX - Deemed or Automatic Suspension;
X - Retrospective Suspension;
XI - Suspension Order Effective only on Communication;
XII - Consequences of Suspension;
1. Right of employee to work;
2. Right of employer to ask employee not to leave the headquarters;
3. Right of employer to ask employee to sign attendance register;
4. Suspension, if amounts to punishment;
5. Whether suspended employee can resign;
6. Retirement on superannuation;
7. Compulsory retirement or termination;
8. Whether period of suspension excluded in computing period of probation;
9. Whether promotions and increments affected by suspension;
10. Right to work as defence assistant;
11. Confirmation: Sealed cover procedure;
12. Promotion: Sealed cover procedure;
13. Fixing seniority on promotion after exoneration: Guidelines;
14. Compassionate appointment for suspended employee's widow;
XIII - Duration of Suspension, Revocation;
XIV - Subsistence Allowance During Suspension;
1. Payment of subsistence allowance depends on rules;
2. Payment of wages during suspension;
3. Effect of non-payment of subsistence allowance;
4. Whether subsistence allowance is wages;
5. Variation in amount of subsistence allowance;
6. Suspension by way of punishment;
7. Revision of pay scale: Whether affected by suspension;
8. Recovery of paid subsistence allowance — whether permissible?
XV - Pay and Allowances on Reinstatement—Regularisation;
1. Reinstatement on revocation, etc. of suspension;
2. Employee retiring during suspension;
3. On acquittal by criminal court;
4. When minor penalty imposed;
5. Opportunity of hearing;
6. Decision whether employee entitled to full pay and allowances or not for
the period of suspension;
XVI - Reinstatement on Setting Aside of Dismissal, etc. by Court;
XVII - Reinstatement on Setting Aside Dismissal, etc. in Departmental Proceedings;
XVIII - Challenging Order of Suspension;
1. In departmental proceedings;
2. Before Administrative Tribunals;
3. Before Civil Courts and High Courts;
4. Before the Supreme Court;
XIX - Grounds for Challenging Order of Suspension;
XX - Prolonged Suspension;
XXI - Limitation for Claiming Wages for Period of Suspension;
XXII - Defiance of Suspension Order;
Appendix I - Statutory Rules on Suspension;
1. All India Services (Discipline and Appeal) Rules, 1969;
2. Delhi Police (Punishment and Appeal) Rules, 1980;
3. Fundamental Rules and Supplementary Rules;
4. Indian Railway Establishment Code, Vol. II;
5. Railway Servants (Discipline and Appeal) Rules, 1968;
6. Central Civil Services (Classification, Control and Appeal) Rules, 1965;
7. Kerala Payment of Subsistence Allowance Act, 1972;
8. Tamil Nadu Payment of Subsistence Allowance Act, 1981;
9. West Bengal Payment of Subsistence Allowance Act, 1969;
10. Shastry Award;
11. Desai Award;
Appendix II - Standard Forms;
1. Certificate to be furnished by the suspended official;
2. Order placing an officer under suspension when he is detained in custody;
3. Standard form of order of suspension;
4. Standard form of order for revocation of suspension order;
Subject Index;