Maximum time limit for suspension period in criminal case

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Maximum time limit for suspension period in criminal case

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    • #2007
      Anonymous
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      If a govt servant is suspended for being accused in criminal case and then how long the suspension can continue? In my case, I am already under suspension for more than 3 years. The trial is yet to begin in court. It may take years. So, can the suspension continue for years till trial concluded?

    • #2053

      What is written in my reply to your question is on the basis of the rules applicable to the Central Government servants. Generally speaking, rules for other government servants are similar.

      Under Rule 10(5)(a) of the Central Civil Service (CCA) Rules, an order of suspension made or deemed to have been made shall continue to remain in force until it is modified or revoked by the authority competent to do so. However, the suspension has to be reviewed from time to time. For example, an order of suspension made or deemed to have been made initially shall not be valid after a period of 90 days unless it is extended after review, for a further period before the expiry of ninety days. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding 180 days at a time.

      So, subject to the review of suspension and its extension on such review periodically, as mentioned above, a suspension can be continued indefinitely and no maximum time limit has been laid down in rules. However, in case of suspension in respect of a matter in which a departmental inquiry is to be initiated, please also see: Suspension order not to extend beyond 3 months if charge-sheet is not served, says Supreme Court.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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