RBE No. 57/1986: D&A Rules – Minor Penalty Imposed – Period of Suspension be Treated as Duty

No.E(D&A)86 RG6-19, date 07.04.1986

Sub: Recommendation of the Committee of the National Council (JCM) Period of Suspension to be treated as duty if only in Minor Penalty is imposed after conclusion of disciplinary proceedings.

A copy of the Department of Personnel and Training OM No.11012/15/85-Estt.(A), dated 03.12.1985 on the above subject is sent herewith for guidance and compliance of all concerned. The Department’s OM No.43/56/64-AVD, dated 22.10.1964 was circulated vide Board’s letter No.E(D&A)64 RG6-35, dated 10.12.1964.

Copy of Department of Personnel and Training letter
No.11012/15/85-Estt.(A), dated 03 December, 1985
OFFICE MEMORANDUM

Sub: Period of suspension to be treated as duty if only a minor penalty is imposed after conclusion of the disciplinary proceedings – Recommendations of the Committee of the National Council (JCM).

1. The undersigned is directed to invite attention to this Department’s OM No.43/56/64-AVD, dated 22.10.1964 containing the guidance for placing Government servant under suspension and to say that these instructions lay down, inter alia, that Government servant could be placed under suspension if a prima facie case is made out justifying his prosecution or disciplinary proceedings which are likely to end in his dismissal, removal or compulsory retirement. These instructions thus make it clear that suspension should be resorted to only in those cases where a major penalty is likely to be imposed on conclusion of the proceedings and not a minor penalty. The staff side of the Committee of the National Council setup to review the CCS (CCA) Rules, 1965 had suggested that in cases where a Government servant, against whom an enquiry has been held for the imposition of a major penalty, is finally awarded only a minor penalty, the suspension should be considered unjustified and full pay and allowances paid for the suspension period. Government have accepted this suggestion of the staff side. Accordingly, where departmental proceedings against a suspended employee for the imposition of a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of FR-54(B).
2. Ministry of Agriculture etc. are requested to bring the contents of para 1 above to the notice of all authorities concerned and their control.
3. These orders will become effective from the date of issue. Past cases already decided need not be reopened.

Download Railway Board Circular RBE No. 57/1986

Forward reference ⇒RBE No.