(1) Notwithstanding anything contained in these rules, the appointing authority or any other authority empowered in that behalf by the President by general or special order, may, at its discretion, place a person serving under him, under suspension in the following circumstances, namely :-
(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
(iii) where a case against him in respect of any civil offence is under investigation, inquiry or trial:
Provided that the Director-General may exercise the power of suspension in respect of officers of the Force up to the rank of Deputy Commandant.
Provided further that the Director-General shall report the facts of each case immediately to the Central Government and all such orders of suspension shall be void ab-initio unless confirmed by the Central Government within a period of one-month from the date of the said orders, irrespective of the fact that the suspension is revoked by the said authority within that period.
(2) A person subject to the Act shall be deemed to have been placed under suspension by an order of the appointing authority: — Page 21 of 110
(i) with effect from the date of his detention by civil police on a criminal charge or otherwise for a period exceeding forty eight 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 forty eight hours.
(3) An order of suspens ion 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 suspens ion 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.
[Provided that the order of suspension shall be reviewed by the authority competent to modify or revoke the order before expiry of ninety days from the effective date of suspension. Subsequent review shall be made before the expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding 180 days at a time ]. [GSR . 681(E), dated 5th September, 2012]
(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 was on duty and cannot leave headquarters declared by the competent authority without prior permission.
(6) When a person remains under suspension for more than ninety days, a report giving reasons for delay in the finalisation 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 finalised or the order of suspension is revoked, whichever is earlier.
CHAPTER VI CHOICE OF JURISDICTION BETWEEN FORCE COURT AND CRIMINAL COURT