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Rule 23 - Suspension & Pension | KartavyaDesk

CCS Pension

Original Rule Text

23. Counting of periods of suspension.- (1) Time passed by a Government servant under suspension pending inquiry into conduct shall be counted as qualifying service where, on conclusion of such inquiry, he has been fully exonerated or only a minor penalty is imposed and the suspension is held to be wholly unjustified.

What This Means

Rule 23 of the CCS (Pension) Rules, 2021 deals with how periods of suspension are treated when calculating qualifying service for pension. Simply put, if a government employee is suspended while an inquiry is conducted into their conduct, the time spent under suspension *can* be counted towards their pensionable service, but only under specific circumstances. This rule protects employees from losing out on pension benefits if the suspension turns out to be unwarranted or if the penalty imposed is minor.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • •Suspension period can be counted as qualifying service.
  • •Full exoneration after inquiry leads to counting of suspension period.
  • •Minor penalty and unjustified suspension also allow counting of suspension period.
  • •The rule protects employees from pension loss due to unwarranted suspension.
  • •The decision to count the suspension period rests on the outcome of the inquiry and the nature of the penalty, if any.

Practical Example

Mr. Verma, a Section Officer, was suspended for six months pending an inquiry into alleged procedural lapses. After the inquiry, he was found guilty of a minor oversight and given a warning. The disciplinary authority also determined that his suspension was partially unjustified, as the initial assessment of the situation was exaggerated. In this case, according to Rule 23, the six months Mr. Verma spent under suspension will be counted as qualifying service for his pension because he received only a minor penalty and the suspension was deemed partially unjustified. Had he been fully exonerated, or if the suspension was deemed wholly unjustified, the same outcome would apply.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if I am suspended and later dismissed from service?▼
If you are dismissed from service, the period of suspension will generally not be counted as qualifying service for pension. Rule 23 applies only when the inquiry concludes with exoneration or a minor penalty.
What constitutes a 'minor penalty' under Rule 23?▼
The term 'minor penalty' isn't explicitly defined in Rule 23, but it generally refers to penalties such as censure, withholding of increments, or recovery of pecuniary loss. Major penalties like dismissal, removal, or compulsory retirement would disqualify the suspension period from being counted.
Who decides whether the suspension was 'wholly unjustified'?▼
The disciplinary authority or the competent authority handling the inquiry will determine whether the suspension was wholly or partially unjustified based on the findings of the inquiry and the circumstances of the case. This determination is crucial for applying Rule 23.
If the suspension is deemed partially unjustified, does the entire suspension period count?▼
Yes, if the suspension is deemed even partially unjustified and only a minor penalty is imposed, the *entire* suspension period will be counted as qualifying service.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

Under CCS (Pension) Rules, 2021, Rule 23, under what circumstance(s) is the period of suspension of a government servant counted as qualifying service for pension?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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