PUBLIC INTEREST IS TO BE THE GUIDING FACTOR IN DECIDING TO PLACE A GOVERNMENT SERVANT UNDER SUSPENSION

RTI activists, volunteers and the resource persons are facing development challenges in dealing with the problems of revolution for the good governance and accountability, even coming together with the group associates and factions in the form of the joint identification required for the majority exploitation on the captioned subject of demand under public service guarantee and overdue for decision and action to register FIRs against the criminal cases pending before the departments related complaints under provision of the law code manual prefixed by the Constitution of India, in this behalf, but it is regretted to point the action at the level of the Head of the departments responsible for the FIR and register cases in the interest of justice to complainants for which RTI activists and the volunteers are compelled to follow legal course, instead of taking action against the defaulters where a disciplinary proceeding against a government servant is contemplated or is pending (2) Where in the opinion of the competent authority a government servant has engaged himself in activities prejudicial to the interest of the security of the state. (3) Where a case against a government servant in respect of any criminal offence is under investigation, inquiry or trial. While public interest is to 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 such action, even when the matter is under investigation and before a prima facie case is established. The following circumstances may be considered appropriate to place a government servant under suspension. (a) Where his continuance in office will prejudice investigation, trial or any enquiry (eg, apprehended tampering with witnesses or documents) (b) Where his continuance in office is likely to seriously subvert discipline in the office in which he is working. (c) Where his continuance in office will be against the wider public interest, eg, if there is a public scandal and it is considered necessary to place the Government servant under suspension to demonstrate the policy of the Governor to deal with officers involved in such scandals, particularly corruption. (d) 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, remove or compulsory retirement from service and (e) Where he is suspected to have engaged himself in activities prejudicial to the interest of the security of the state.