Can disciplinary proceedings be initiated without suspension?
Can disciplinary proceedings be initiated without suspension? When does suspension become illegal or punitive? Yes, disciplinary proceedings can absolutely be initiated without suspension. Suspension is not a pre-condition for initiation of proceedings under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It is a separate administrative measure governed by Rule 10 of the same Rules and is resorted to only when circumstances justify keeping the employee away from duty. I. Statutory Position under Rule 10, CCS (CCA) Rules Rule 10 empowers the competent authority to place a Government servant under suspension: Where disciplinary proceedings are contemplated or pending Where a case in respect of criminal offence is under investigation, inquiry or trial Where detention exceeds 48 hours The rule uses the word “may,” not “shall.” Therefore, suspension is discretionary, not mandatory. Initiation of char...