Prologue

so far in the vigilance/ethics series we’ve seen

1. Conduct rules
2. Complaints
3. Enquiries
4. Traps

Now it’s time to suspend crooked government employees.

Suspension
What is suspension?
An order that debars the public servant from using his powers and
doing his duties.
Why suspend?

1. So he cannot temper with records, evidences or witnesses –

directly / indirectly using his official position.
2. Witnesses may hesitate to depose/testify against the
Government servant as long as he is in office.
3. To sustain confidence of people in the system, until inquiry is
finished.

Suspension: salient features?

 Suspended employee retains the master-servant relationship

with government.
 Meaning, he is still subject to all the conduct rules applicable to
Government servants. e.g. cannot participate in political
activities, cannot lend money at interest, cannot speculate in
share market etc.
 He is still liable for any new misconduct during the period of
suspension.
 Suspension itself is not penalty. It is only an ‘aid’ to facilitate the
inquiry. Therefore Art.311 doesn’t apply. (=he is not entitled to
defend himself, cross examine witnesses etc.)
 Employee can be suspended even if he is on leave/ training /
absconding.
  Retrospective order of suspension is illegal. e.g. on 12th Nov.
2013 Boss cannot write an order that “Mr. XYZ is suspended
with effect from 11th Nov 2013.”
 Retrospective reinstatement is also illegal. e.g. on 12th Nov
2013. Boss cannot write an order to reinstate a suspended
officer with effect from 11th Nov.2013.

Suspending AIS officers

 According to All India Services rules, the State government can

suspend a member of All India services (IAS, IPS, IFoS) serving
under the state government.
 However, such suspension will become invalid IF the state
government doesn’t start disciplinary proceedings against that
officer within 90 days. (although in rare cases, this limitation can
be ignored IF union government permits.)

Suspending Officers on deputation

 For example- An IFoS officer (belonging to Environment

ministry) is deputed on some xyz post in Tribal Ministry. Can
Tribal ministry suspend him? Yes they can.
 But the borrowing authority (Tribal ministry) have to inform the
lending authority (Environment ministry) about the
circumstances that led to suspension.

Suspension: When?
 In the exam, you might face a tempting Case study where you
want to write ‘suspend xyz officer’. But “suspension” is not the
answer in every case study.
 Suspension causes a lasting damage to Government servant’s
reputation even if he is exonerated or is ultimately found guilty of
only a minor misconduct. This damages staff morale.
 Therefore decision should be taken after taking all factors into
account with care and caution.
 Usually when a complaint is made against any officer, standard
operating procedure is:

complaint action
Administrative Preliminary enquiry=>departmental
angle=> proceedings =>punishment.

Discreet/regular
vigilance/criminal
enquiry=>FIR=>investigation=>court
angle=>
proceedings =>punishment.

The decision to suspend usually comes after the

prelim/discreet/regular enquiry is finished.
Guiding Principle: ‘public interest vs. cost to exchequer’. Because

1. suspended employee gets salary without doing any

work=burden on public exchequer. And
2. suspended employee=less manpower in the office= Workload
increases.

Therefore, in minor administrative misconducts, don’t suspend. Just

finish inquiry impose any minor penalty on him and finish the case.
For example,

1. If an employee is caught filing bogus LTC claim.

2. Brought fake certificate from doctor to get medical leave.
3. Occasionally came late to office/ left the office early.
4. Damaged some office equipment by mistake.

Must be suspended?
In following situation, he must be suspended:

1. serious negligence/dereliction of duty

2. Refuses to obey written orders of superior officer.
3. He is facing Criminal investigation. Then he should be
suspended even if he is released on bail.
4. prima facie there is sufficient material to give him a major
penalty (viz. dismiss, remove, rank-reduction)
5. If State government asks an All India services officer (IAS, IPS,
IFoS) to go on leave but he refuses.
6. caught red pink handed in phenolphthalein test during ACB/CBI
trap for bribes.
7. In all Public scandals. Must be suspended to restore public faith
in system.
8. When preliminary (informal) enquiry reveals some wrongdoing.
And if he continues in service, he is
a. likely to influence investigation e.g. temping with
witness/documents/evidences
b. likely to subvert official discipline
c. likely to bring down staff morale
9. Any conduct involving moral turpitude (lewdness, sexual
harassment, dowry etc.)
10. Misuse of official powers for personal gains
11. Misappropriation, embezzling Government money; his
negligence caused serious loss to public exchequer
12. has disproportionate assets.
13. Deserted his post during crisis period.
14. endangering national / state security

Arrest and Automatic suspension

 If a government employee has spent more than 48 hours in
custody- he is automatically “deemded” suspended. (Even if his
boss don’t know about that he is arrested.)
 if he is arrested in dowry death case- must be suspended,
irrespective of how many hours spent in custody.
 If a government servant is arrested, Police has to inform his
superior.
 Arrested employee himself too has the duty to inform his
superior as soon as possible. If he hides details of his arrest, he
will be subjected to a separate disciplinary proceedings (and
punishment). And he cannot claim double jeopardy.

Salary during Suspension

1. Suspended employee doesn’t get full salary but gets
subsistence allowance.
2. Subsistence allowance is meant for the “subsistence” of him and
his family. Why?
a. Just because he is not allowed perform job, his family
should not be made to suffer.
b. Out of desperation for money, he might involve in some
other mischief.
 c. Suspension itself is not punishment. But a tool to help in
investigation.
3. Subsistence allowance= approximately half the average salary.
(Also get Dearness Allowance (DA), compensatory (city)
allowance, house rent allowance.)
4. Government can decrease this allowance: IF Suspension
prolongs because of officer’s fault. e.g. he adopts dilatory
tactics, doesn’t cooperate with investigation etc.
5. Government can increase this allowance if suspension prolongs
without officer’s fault. e.g. departmental officials are not finishing
inquiry quickly.
6. Subsistence allowance falls under taxable income. Meaning
suspended employee has to pay income tax (if he falls under
tax-brackets)
7. If he continues to live in government quarters then he has to pay
house rent and allied charges of electricity, water, telephone bill
etc.
8. From his subsistence allowance, government cannot deduct
GPF/provident fund contribution, postal insurance premium etc.
unless he agrees.

Part time job during Suspension

1. Suspended employee can take up other employment, business,
profession during suspension but ONLY with permission from
government
2. But If he start such private job/business, then government will
stop paying him subsistence allowance, DA, HRA.
3. If he start such private job/business without government’s
permission => he can face separate punishment under conduct
rules. And cannot claim double jeopardy. (i.e. he cannot make
excuse that I’m punished twice for same offense.)

Resignation during Suspension?

What if suspended officer gives his resignation before departmental
inquiry / court case is completed?
DoPT guidelines for all India services officers (IAS, IPS, IFoS):=
Normally, such officers are placed under suspension only in cases of
grave delinquency, it would not be correct to accept a resignation of
an officer under suspension.
Resignation should be accepted IF

1. Inquiry is taking forever to finish. It would cheaper on public

exchequer to accept resignation.
2. Evidences are not strong enough to dismiss / remove that
suspended officer if inquiry/criminal case continues.
3. Alleged offence does not involve moral turpitude. (Lewdness in
office, sexual harassment, rape, dowry death etc.)Ruchika
Girhotra case is a prime example of moral turpitude by an IPS
officer.

Corollary to that, resignation should not be accepted IF

1. Inquiry is about to finish.

2. Strong evidences are found- it is possible to dismiss/remove that
officer when inquiry is concluded.
3. Alleged offence involves moral turpitude.

Leave for employee under investigation?

Suppose, ACB/CBI is investigating the matter. Employee is not
suspended but transferred to a non-focal post. In such situation, he
should not be granted leave- to prevent him from tampering with
investigation. (Except in rare/genuine cases e.g. medical emergency.)

Reinstatement
After a government servant is suspended, four things can happen:

departmental
inquiry/proceeding finds consequence
him ____

1. guilty with Major penalty

(removal, dismissal, His Game Over. No need to reinstate.
compulsory retirement)

2. guilty but with ‘minor Suspended employee has to be

penalty’ reinstated.

3. ‘not guilty’ officer has to be reinstated.

 Department may reinstate him back
4. inquiry not finished in to the job. (except during grave cases
two years or when two years passed because
he did not fully cooperate with inquiry)

for example:

 2006: encounter specialist Daya Nayak: got suspended for

disproportionate asset.
 2009: ACB could not unearth any evidence to prove the charges
against Nayak, and thus could not file a chargesheet
 2012: Daya Nayak reinstated back in the job.

Posting after reinstatement?

When Suspended officer is reinstated, he is posted far off from the
place where he served before suspension. Why?

1. So he cannot do ‘witch-hunting’ or take revenge on any junior

staff (or local public) who may have given complaint/ evidence /
testimony against him during the inquiry
2. Saves him from uncomfortable situation/embarrassment while
dealing with same local public and colleagues.
3. Saves local public from any negative vibes or fear of reprisal
while re-visiting the same office.

Promotion/ Increment after reinstatement?

If suspended officer is reinstated, it means two things could have

happened:

departmental
consequences
inquiry/proceeding

 He is entitled to get all salary, increment,

promotion benefits that he couldn’t get
during suspension period.
found him “not
 Even in future- he is eligible for all the
guilty”
promotion, increment benefits.
 for example Durga Shakti
Nagpal=>suspended=>reinstated with full
 honors.

 It depends on government’s discretion of

how much benefit he deserves.
found him guilty,  Supreme Court has said: “acquittal does
gave ‘minor not automatically entitle the Government
punishment’ servant to get the consequential benefits
as a matter of course.”

Promotion during Suspension: Sealed Cover Procedure

 What if a government servant is suspended but the ‘promotion
round’ comes for his batchmates?
 In such case, “Sealed Cover” procedure is adopted.
 Government servants in respect of whom prosecution for a
criminal charge is pending.
 Departmental Promotion Committee (DPC) will assess his
suitability for promotion without taking into consideration the
disciplinary case/ criminal prosecution pending.
 Then, DPC will write its recommendation in a ‘sealed cover’.
(whether to promote him or not?)
 This sealed cover will be the disciplinary case/criminal case is
over.
 if he is completely exonerated=> will get promotion, if sealed
cover says yes. This promotion will be with retrospective effect.
Meaning if others had got promotion after him, during his
suspension – he’ll still be considered their senior and get salary
accordingly.
 but if he is found guilty in disciplinary case/ criminal case, the
sealed cover’s recommendation will be ignored.

Death during suspension?

1. If suspended officer dies before the departmental inquiry / court
case is concluded then the period between the date of
suspension and the date of death shall be treated as “duty”.
2. And his family is paid full pay and allowances for the said “duty”
period.

anyways, enough theory, let’s check some case studies.

 Casestudy: Night at Museum Custody

DevAnand is a section officer in A’bad district collector’s office. In

December he goes to Goa to celebrate New Year with his college
batchmate Prem Chopra. Both go to a bar, Prem Chopra gets drunk
and start argument with some local youth, leads to rucksack and fight.
Dev tries to calm situation, but police arrives and arrests them both.
Next morning Dev released on bail, goes back to A’bad and reports
on duty. His boss Collector Pran asks “why your phone was
unreachable?” Dev lies, “Sir I had gone to my ancestral village and
phone had stopped working.”
Dev thinks in his head, “I’m fully justified in lying to my boss because:

1. I was wrongly arrested without any fault.

2. If I tell my boss I was arrested. It’ll negatively affect my
promotion prospects and reputation among colleagues.
3. It was a small matter happened in Goa, nothing will come in
local Gujarati newspapers and nobody needs to know otherwise.

Has Dev made the right decision?

Hints:

1. If a government servant is arrested, police has to send details to

his senior officer. So sooner or later, Pran is going to receive an
official letter from Goa police anyways. Hence the shelf life of
Dev’s lie=very low.
2. After that, whatever Dev says in his defense that Prem Chopra
started fight, I had done nothing etc. = Pran unlikely to believe
him.
3. Dev may have been arrested without any of his fault, but if he is
subjected to a disciplinary action for hiding facts about his
arrest=that will be entirely his fault.

CaseStudy: Khakhi night halt

Surat Police Commissioner has sent a Sub-inspector (SI) to bring an

accused from Jaipur Police’s custody in a high profile case. While
returning from Jaipur with the accused, this SI spends night at a
private hotel in Ahmedabad, rather than directly taking him to Surat.
Commissioner Why are you late?

SI Because I made halt in A’bad.

Commissioner Why did you make halt in A’bad?

Because I couldn’t catch direct train from Jaipur to

SI Surat, so took another train to A’bad. and I had got
permission from ACP for doing so.

Yes, I gave permission because he said he couldnot

ACP
catch the direct train.

In the meantime, local media sensationalizes the news- how the

accused was allowed meet his girlfriend in the hotel and may have
destroyed some evidence hidden in A’bad with connivance of Sub
Inspector etc.
Should Commissioner accept the explanations given by his
subordinates and forget this entire episode?
Hints:
Actually this is based on a real case and commissioner had
suspended the Sub inspector and removed ACP from the
investigation. What we can derive is:

1. High profile case/ public scandal. Need to suspend any

negligent official to restore public’s faith in system. Therefore
Sub Inspector has to be suspended till further inquiry of whether
he deliberately made delay to stay in A’bad.
2. ACP is removed from the investigation because may be he
doesn’t commend the fear / authority among his sub inspectors
and hence they’re lax/negligent in their work and even dare to
misguide him! Better to hand over investigation to another ACP.

Casestudy: When Encounter specialist resigns

A suspended IPS officer has spent last seven years in jail, for
involvement in alleged fake encounter cases. He submits resignation
accusing the State government of failing to protect upright police
officers like him, who fought against “Pakistan-inspired terrorism”.
Should the State Government accept his resignation and forward it to
Union home ministry?
Hints:

 No. Because he is accused in Grave / heinous crime. If the fake

encounter cases are proved, he faces dismissal (=not eligible for
future employment under government + no pension / gratuity)
 therefore, he should not be allowed to get away easily with
resignation.
 besides, DoPT guidelines for all india service officers= Normally,
as members of service are placed under suspension only in
cases of grave delinquency, it would not be correct to accept a
resignation of a member of service under suspension.