Rule 23 - Suspension & 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.
(2) In cases not covered under sub-rule (1), the period of suspension shall not count unless the authority competent to pass orders under the rule governing such cases expressly declares at the time that it shall count to such extent as the Competent Authority may declare.
(3) In all cases of suspension, the competent authority shall pass an order specifying the extent to which, if any, the period of suspension shall count as qualifying service and a definite entry shall be made in the service book of the Government servant in this regard.
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
- 1Suspension period can be counted as qualifying service.
- 2Full exoneration after inquiry leads to counting of suspension period.
- 3Minor penalty and unjustified suspension also allow counting of suspension period.
- 4The rule protects employees from pension loss due to unwarranted suspension.
- 5The 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?▼
What constitutes a 'minor penalty' under Rule 23?▼
Who decides whether the suspension was 'wholly unjustified'?▼
If the suspension is deemed partially unjustified, does the entire suspension period count?▼
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?