(1) Notwithstanding anything contained in these rules the appointing authority may, at its discretion, place a person serving under him, under suspension:--
(i) where disciplinary action under the Act against him is contemplated or is pending; or
(ii) where in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or 15
(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial.
(2) A person subject to the Act shall be deemed to have been placed under suspension by an order of the appointing authority:--
(i) with effect from the date of his detention by civil police on a criminal charge or otherwise for a period exceeding 48 hours, or
(ii) with effect from the date of his conviction by a criminal court on a criminal charge, if the sentence awarded is imprisonment for a term exceeding 48 hours.
(3) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(4) An order of suspension made or deemed to have been made under this rule, may, at any time, be modified or revoked, by the authority which made the order or by any authority to which that authority is subordinate.
(5) During the period of suspension powers vested in a person shall be in abeyance, but he shall be subject to same responsibilities, discipline, penalties and all other conditions of service to which he would have been subject if he were on duty and cannot leave headquarters declared by the competent authority without prior permission.
(6) When a person remains under suspension for more than 90 days, a report giving reasons for delay in the finalization of his case shall be submitted to the Director General by the Commanding Officer of the accused, and thereafter, subsequent reports shall be submitted every month till the case is finalized or the order of suspension is revoked, whichever is earlier.
6(i) The order of suspension made or deemed to have been made under sub-rule(1) or subrule(2) shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the date of order of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension.
(ii) The Second or subsequent reviews shall be made before expiry of the extended period of suspension which shall not exceed one hundred and eighty days at a time.
(iii) The review committee shall consist of such officers and shall be constituted in such manner as may, from time to time, be laid down by the Director General.” 2 2 Foot Note- The principal rules were published in the Gazette of India, Extraordinary vide number G.S.R 480(E), dated the 30th May, 1994 and subsequently amended vide notification number G.S.R 681(E), Dated the 11th October, 1995, G.S.R 206(E) dated the 13th May, 1996 and G.S.R 731 (E), dated the 5th November, 2004
2. New Delhi, Friday, 30 November, 2012 vide notification No. G.S.R. 857 (E). Dated 7th November, 2012.
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CHAPTER VI CHOICE OF JURISDICTION BETWEEN FORCE COURT AND CRIMINAL COURT