Every organisation has its own discipline and appeal rules, which generally include the power to suspend. You’ll have to check the detailed rules of your organisation with regard to suspension.
But, generally speaking, there is no legal restriction on suspending an officer / employee on the date of registration of the FIR itself.
Most of the Government rules provide also for “deemed suspension”, which applies if an employee is in custody for a period more than 48 hours. Such deemed suspension comes into existence automatically from the date of detention / custody.
For example, Rule 10(2) of the Central Civil Services (CCA) Rules, provides as under:
“(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority –
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
EXPLANATION – The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.”
You’ll have to check the relevant rules applicable in your University. Generally speaking, the rules may be similar.
Likewise, suspension rules also generally contain provisions for periodic review of the suspension order (after 3 months or 6 months) if the suspension continues for longer durations. Please check your rules in this regard.
Depending on the relevant rules applicable in your case, you can challenge your suspension before the appropriate tribunal or court which has jurisdiction for service law matters of your University. You may consult some local lawyer of your area for better guidance.
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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