Rule 10 — CCS (CCA) Rules
Original Rule Text
10. Suspension
# PART IV - SUSPENSION
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending: or (aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the: interest of the: security of the: State; or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant. Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.
(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.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case: is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force: until further orders.
What This Means
Rule 10 is one of the most practically significant rules. It deals with suspension — the mechanism by which a government servant is temporarily prevented from performing duties, usually pending a disciplinary inquiry or criminal investigation. The appointing authority, any authority above it, the disciplinary authority, or any authority empowered by the President can place a government servant under suspension.
Suspension can be ordered when a disciplinary proceeding is contemplated or pending, when the officer's activities are prejudicial to state security, or when a criminal case is under investigation or trial. Importantly, the rules also create the concept of 'deemed suspension' — if a government servant is detained in custody for more than 48 hours, or is convicted and sentenced to imprisonment exceeding 48 hours, they are automatically deemed to be under suspension without any separate order. All suspension orders must be reviewed every 90 days by a Review Committee, and extensions beyond 90 days are allowed only for up to 180 days at a time.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Grounds for suspension: pending/contemplated disciplinary proceedings, activities prejudicial to state security, or criminal case under investigation/inquiry/trial
- 2Deemed suspension: automatic when detained in custody for more than 48 hours, or on conviction with imprisonment exceeding 48 hours
- 3Suspension order must be reviewed within 90 days by a Review Committee
- 4If not reviewed and extended within 90 days, the suspension order becomes invalid
- 5Extensions can be granted in multiples of up to 180 days after review
- 6If a major penalty is set aside on appeal and the case is remanded, suspension is deemed to have continued from the original order date
- 7An authority lower than the appointing authority making a suspension order must immediately report to the appointing authority
Practical Example
Vikram Singh, a Section Officer, is arrested by police on charges of accepting a bribe on 10 January 2024. He is detained in custody for 72 hours. Under Rule 10(2)(a), he is automatically deemed to be under suspension from 10 January 2024 — no separate suspension order is needed. His office must still process his subsistence allowance (typically 50% of basic pay during suspension).
His supervisor issues a formal suspension notice and refers the matter upward. The Review Committee must review his suspension before 10 April 2024 (90 days). If the committee finds the inquiry is still ongoing, they can extend suspension by up to 180 days. Without this timely review, the suspension order automatically lapses on day 91 and Vikram would have to be allowed back to work — even if the inquiry is still pending. This 90-day review requirement has led to many departmental suspensions being lifted on technicalities.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.