As per the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the deemed suspension shall continue to remain in force until it is modified or revoked by the authority competent to do so. So, a deemed suspension does not automatically come to an end merely because the custody of the Government servant has ended. A specific order is required to be passed by the competent authority to revoke or modify the deemed suspension.
The above legal position with regard to deemed suspension is under the Central Government rules, but most other governments have similar rules.
For the sake of a ready reference, Rule 10(2) and Rule 10(5) relating to a government servant being deemed to have been placed under suspension, and relating to continuation of such deemed suspension until revoked or modified, respectively, are being reproduced below:
“(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.”
“(5)(a) Subject to the provisions contained in sub-rule (7), an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.”
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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