Suspension of Government servants should be reviewed before 3 months

Supreme court order on suspension

 Ajay Kumar Choudhary v. Union Of India Through Its Secretary, Supreme Court Judgment, 16 February 2015.

Govt Letter

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt 110010

No.AN/XIII/13006/Vol-XXII Dated 22.09.2015

To
The PCsDA/CsDA
PCA(Fys)/CFAs(Fys)PIFAs/IFAs

(Through Website)

Subject : Suspension of Government Servant-Review of Suspension

As per provisions contained in Rule 10 of CCS(CC&A) Rules, 1965 suspension of a Government servant is valid only for 90 days unless it is extended after review before expiry of 90 days. It has been observed by the MoD D(Vigilance) that the suspension order has been struck down on the ground that the same had not been reviewed by the reviewing authority before expiry of 90 days.

2. Therefore the Ministry has directed that the provisions of Rule 10(6) and 10(7) of CCS (CC&A) Rules, 1965 which provide for review, modify and extension of the suspension should strictly be observed in all such cases to avoid quashing of orders on technical grounds rather than on merits (copy attached)

3. In this context attention is also invited to DOPT OM No. 11012/4/2003-Estt. (A) dated 07.01.2014 containing review instruction and HQrs letter no. AN/XIII/13007/2A/Vol-IX dated 09.07.2014 regarding constitution of review committee.

4. It is requested that all such cases of suspension/review of suspension of Govt. servant may be reviewed on monthly basis in the light of above provisions/guidelines.

Please acknowledge receipt.

(V.K. Vijay)
C V O / Jt. CGDA