EXPEDITIOUS DISPOSAL OF CASES OF GOVERNMENT SERVANTS UNDER SUSPENSION, AND THE GUIDING FACTORS FOR CONSIDERATION THEREOF

Public interest should be the guiding factor in deciding to place a Government servant under suspension, the competent authority should take all factors into account and exercise his discretion with due care while taking action of suspension, even when the matter is under investigation and before a prima facie case is established. The following circumstance may be considered appropriate to place a Government servant under suspension:-(1) Where his continuance in office will prejudice investigation, trial or any enquiry (e, g, apprehended tampering with witnesses or documents) (2) Where his continuance in office is likely to seriously subvert discipline in the office in which he is working. (3) Where his continuance in office will be against the wider public interest, e, g, if there is a public scandal and it is considered necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal with officers involved in such scandals, particularly corruption. (4) Where a preliminary enquiry revealed a prima facie case justifying criminal or departmental proceedings, which are likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service and (5) Where he is suspected to have engaged himself in activities prejudicial to the interest of the security of the state. Certain types of misdemeanor where suspension may be desirable in the circumstances mentioned above are indicated below:-(1) An offence or conduct involving moral turpitude. (2) Corruption, embezzlement or misappropriation of government money, possession of disproportionate assets, misuse of official powers for personal gain (3) serious negligence and dereliction of duty resulting in considerable loss to Government (4) desertion of duty, and (5) refusal or deliberate failure to carry out written orders of superior officers. A Government servant is, however deemed to have been placed under suspension from the date of his detention if detained in custody for a period exceeding forty eight hours or from the date of conviction if sentenced to a term exceeding 48 hours. The Government have decided that disciplinary cases of Government officers/officials should be finally decided with in a period of six months from the date the officer/official was placed under suspension.