Suspension of a Central Government Employee: 90-Day Review

When You Can Be Suspended

The appointing authority, any authority it is subordinate to, the disciplinary authority, or another authority empowered by the President can suspend you (Rule 10(1), PDF p. 8). The rule allows this in three situations (Rule 10(1), PDF p. 8):

• a disciplinary proceeding against you is contemplated or pending;
• the authority believes you have engaged in activities prejudicial to the security of the State;
• a criminal case against you is under investigation, inquiry or trial.

If an authority lower than the appointing authority suspends you, it must report the circumstances to the appointing authority at once (Rule 10(1), proviso, PDF p. 8). You can also be deemed suspended, for example after more than 48 hours in custody (Rule 10(2), PDF p. 8).

The 90-Day Review and 180-Day Extensions

The authority competent to modify or revoke your suspension must review it before 90 days from the effective date of suspension. It acts on the recommendation of a Review Committee and must pass an order either extending or revoking the suspension (Rule 10(6), PDF p. 9).

A suspension order is not valid after 90 days unless it is extended after review before those 90 days expire (Rule 10(7), PDF p. 9). Each extension cannot exceed 180 days at a time, and the next review must happen before the extended period ends (Rule 10(6), PDF p. 9).

The authority that made the order, or any authority above it, may modify or revoke the suspension at any time (Rule 10(5)(c), PDF p. 9).

The Supreme Court has directed that a suspension order should not extend beyond three months if the memorandum of charges or chargesheet is not served on you within that period. If it is served, a reasoned order must be passed to extend the suspension (Ajay Kumar Choudhary v. Union of India, SC, 16.02.2015, para 14, PDF p. 22).

Appealing Against Suspension or Subsistence Allowance Orders

You can appeal against an order of suspension made or deemed to have been made under Rule 10 (Rule 23(i), PDF p. 27). You can also appeal against an order that determines the subsistence and other allowances paid to you for the period of suspension (Rule 23(v)(d), PDF p. 28).

File the appeal within 45 days from the date you receive a copy of the order. The appellate authority may accept a late appeal if you show sufficient cause (Rule 25, PDF p. 29). On an appeal against suspension, the appellate authority decides whether the suspension is justified under Rule 10 and confirms or revokes it (Rule 27(1), PDF p. 30).

This page does not set out the rate of subsistence allowance.

If You Are in the Delhi Police

Delhi Police officers of subordinate rank, Constable to Inspector, are governed by the Delhi Police (Punishment and Appeal) Rules, 1980 (DP (P&A) Rule 3, PDF p. 17). Under those rules, if you are kept under suspension for more than 6 months in connection with a departmental enquiry, the Deputy Commissioner of Police must obtain the prior approval of the Additional Commissioner of Police for continued suspension. The DCP must also take steps to review your subsistence allowance at the same time (DP (P&A) Rule 27(d), PDF p. 32).

Where to Check

• Rule 10 of the CCS (CCA) Rules, 1965 in the DoPT copy, updated up to 15.10.2018 (CCS (CCA) Rules, cover, PDF p. 1).
• The Supreme Court's judgment in Ajay Kumar Choudhary v. Union of India (para 14, PDF p. 22).
• For Delhi Police subordinate ranks, Rules 26 to 28 of the Delhi Police (Punishment and Appeal) Rules, 1980 (DP (P&A) Rules 27-28, PDF p. 32).
• Ask your establishment section for the review order and the Review Committee's recommendation in your case.

Related Questions

Official Sources

• Central Civil Services (Classification, Control and Appeal) Rules, 1965 (DoPT copy, updated up to 15.10.2018) · Department of Personnel and Training, Government of India
• Ajay Kumar Choudhary v. Union of India, judgment dated 16.02.2015 · Supreme Court of India
• The Delhi Police Rules booklet, including the Delhi Police (Punishment and Appeal) Rules, 1980 · India Code (Government of NCT of Delhi rules under the Delhi Police Act, 1978)