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Section 23: Suspension

AAI Employee (CDA) RegulationCentral Regulations · 1994

(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the Chairperson by general or special order may place an employee under suspension:-

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where a case against him in respect of any criminal offence is under investigation or trial.

(2) An employee who is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention, by an order of the appointing authority and shall remain under suspension until further orders.

(3) Where a penalty of dismissal or removal from service or compulsory retirement imposed upon an employee under suspension is set aside in appeal or on review under these regulations 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.

(4) Where a penalty of dismissal, removal from service or compulsory retirement imposed upon an employee is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary authority, on consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the employee shall be deemed to have been placed under suspension by the Competent Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(5) An order of suspension made or deemed to have been made under this regulation may, at any time, be revoked by the authority which made, or is deemed to have made, the order or by any authority to which that authority is subordinate.

(6) The order of suspension should specify the headquarters of the employee during the period when the order will be in force.

(7) If an employee under suspension requests for change of headquarters, the competent authority may take appropriate decision taking into consideration the additional expenditure that may involve as well as difficulties in investigation or in processing departmental proceedings.

The employee under suspension is subjected to conditions of service applicable to other employees and cannot leave head quarters without prior permission.

Where this provision sits

ActAAI Employee (CDA) Regulation
Section23
Marginal noteSuspension
JurisdictionCentral
StatusIn force as published by the source

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