Suspension
Authority:
1. Article 309 of the Constitution of India ( that Acts of
the appropriate Legislature may regulate the recruitment and conditions of
service of persons appointed to public services and posts in connection with
the affairs of the Union or any State) and
2. Part II of the Railway Servants
(Discipline & Appeal) Rules, 1968 (In exercise of the powers conferred by
the proviso to Article 309 of the Constitution,)
Definition
of suspension : A railway servant
is said to be under suspension when he is debarred from exercising the powers
and discharging the duties of his office for the period the order of suspension
remains in force.
Suspension is not a penalty under the D&A Rules
Suspension Period: 90 days (initially)
Suspension Period - Beyond 90 days -
Procedure:
·
Review of an Order of Suspension - By the
Authority who is competent to modify or revoke the suspension, on the
recommendation of the review committee constituted for the purpose, and
·
Before expiry of 90 days from the date of order
of suspension.
·
Subsequent reviews shall be made before expiry
of the extended period of suspension
( such extension is maximum of 180 days at a time).
·
It may be
may be deduced from the above, that there
is no maximum period of suspension, once the competent authority extends the
suspension on expiry of every extended period.
Suspension - Circumstances:-
·
When Disciplinary proceedings are contemplated
or are pending against the employee, or
·
When employee is engaged in activities -
prejudicial / harmful to the security of the State (Country),
or
·
When a criminal case is pending against the
employee is under investigation, inquiry or trial.
Who can order Suspension ?
Ø
Competent Authority: The authorities who are
competent to place a Railway Servant under suspension are specified in
Schedules I, II & III appended to the Railway Servants (D&A) Rules,
1968.
Ø
Exceptional circumstance:
Any authority in above the schedules may place any subordinate railway servant specified therein, but should
obtain the post facto approval of the competent authority, duly furnishing the
circumstances in which the order was made.
Deemed Suspension:
Circumstances
- When Employee is deemed to be placed under Suspension:
·
Detained in Police custody exceeding 48
hours - From the date of detention.
or
·
Sentenced
for imprisonment exceeding 48 hours -
From the date of Conviction for an offence and is not forthwith dismissed or
removed or compulsorily retired consequent to such conviction.
or
·
Set aside of penalty of dismissal, removal or
compulsory retirement from service imposed upon a Railway servant under
suspension, for want of appeal or on revision under these rules and the case is
remitted for further inquiry or action or with any other directions, - From the date of original order of
dismissal/removal/compulsory retirement and shall remain in force until further
orders.
or
·
Set aside or declared as void by the decision of
the Court of Law, the penalty of dismissal, removal or compulsory retirement
from service imposed upon a Railway servant under suspension, if disciplinary
authority decides to hold further enquiry, - From the date of original order of
dismissal/removal/compulsory retirement and shall remain in force until further
orders.
Subsistence Allowance:
Authority:
Fundamental Rule (FR) 43 and 1342 R (Chapter 13 of I R Establishment
Code)
·
Granted to the employee during the period of
suspension / deemed suspension
·
Subsistence means
survival. Till the proof of
allegations against the employee, this allowance is granted to the suspended
employee for survival.
Subsistence
Allowance - Amount
Period
|
% of Last pay (equivalent to the 50 %
of Leave Salary) and in addition DA, if admissible and Any
other compensatory allowances admissible from time to time on the basis of
pay of which the railway servant was in receipt on the date of suspension
subject to the fulfillment of other conditions laid down for the drawl of
such allowances.
|
Remarks
|
|
Up to 90 days
|
50 %
|
Recommendation not required
|
|
Beyond 90 days
|
Enhanced to 51 % to 75 %
Note: Subject to the submission of
Certificate, that he/she is not engaged in any
other employment business, profession or vocation.
|
Due to Administrative reasons
|
By the recommendation
of committee appointed by the Disciplinary Authority
|
Beyond 90
days
|
Reduction
to 25 % to 49 %
|
On Employee's account
|
|
Standard Forms under D & A Rules, 1968
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