Suspension - Establishment matters

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

SF Number	Purpose
1	Order of Suspension
2	Order of Deemed Suspension
3	Non employment Certificate
4	Order of Revocation of suspension
5	Charge Memorandum for Major Penalty
6	Refusing permission to inspect Relied upon Documents
7	Appointment of Inquiry Officer
8	Appointment of Presenting Officer
9	Nil
10	Disciplinary action in common proceedings
11	Charge Memorandum for Minor Penalty
11A	Notice to impose major penalty on Minor penalty Charge Memorandum
12	For taking action under Rule 14 (i)

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