My reply to your question is with regard to the rules applicable to the Central Government services. Similar rules are generally applicable to other government servants.
Vide Government of India, MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955, it has been directed that:
“It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.”
It is thus clearly seen that the government servant is required to intimate his superior authority about his arrest / detention even if it is for a period shorter than 48 hours. It also shows that failure to do so may invite a disciplinary action.
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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