Deemed Suspension After 48 Hours in Custody

The 48-Hour Custody Rule

You are deemed to have been suspended by the appointing authority from the date of detention if you are detained in custody, whether on a criminal charge or otherwise, for more than forty-eight hours (Rule 10(2)(a), PDF p. 8).

The suspension continues until it is modified or revoked by the competent authority, subject to the 90-day validity rule (Rule 10(5)(a), PDF p. 9). The authority that made, or is deemed to have made, the order, or any higher authority, may revoke it at any time (Rule 10(5)(c), PDF p. 9).

Conviction and Other Deemed Suspensions

If you are convicted and sentenced to imprisonment for more than forty-eight hours, and are not immediately dismissed, removed or compulsorily retired, you are deemed suspended from the date of conviction (Rule 10(2)(b), PDF p. 8). The 48 hours are counted from the start of imprisonment after conviction, and intermittent periods of imprisonment are added together (Rule 10(2), Explanation, PDF p. 8).

Deemed suspension also arises when a dismissal, removal or compulsory retirement is set aside in appeal or review and the case is remitted for further inquiry (Rule 10(3), PDF p. 8), or when a court sets it aside and the disciplinary authority decides to hold a further inquiry (Rule 10(4), PDF p. 9).

Review: When the 90 Days Start

A deemed suspension is not valid after 90 days unless it is extended after review (Rule 10(7), PDF p. 9). But for deemed suspension after custody, no review is needed if you are still in custody when 90 days are completed. In that case the 90 days count from the date of your release, or the date your appointing authority is told of your release, whichever is later (Rule 10(7), proviso, PDF p. 9).

So tell your appointing authority in writing as soon as you are released. You can also appeal against a deemed suspension order (Rule 23(i), PDF p. 27).

If You Are in the Delhi Police

A Delhi Police officer of subordinate rank detained in custody under a preventive detention law, or on a criminal charge, for more than 48 hours is deemed to be under suspension from the date of detention until further orders. The same applies while undergoing a sentence of imprisonment (DP (P&A) Rule 28(a), PDF p. 32).

If you face a criminal charge but are not in custody, for example on bail, the appointing authority may suspend you. If the charge is connected with your official position or involves moral turpitude, suspension must be ordered unless there are exceptional reasons (DP (P&A) Rule 28(b), PDF p. 32). If you are reinstated without disciplinary proceedings, pay and allowances for the suspension period are regulated by the relevant rules (DP (P&A) Rule 28(d), PDF p. 33).

Where to Check

• Rule 10(2), (5) and (7) of the CCS (CCA) Rules, 1965, DoPT copy updated up to 15.10.2018 (Rule 10, PDF p. 8).
• For Delhi Police subordinate ranks, Rule 28 of the Delhi Police (Punishment and Appeal) Rules, 1980 (DP (P&A) Rule 28, PDF p. 32).
• Keep copies of the arrest memo, bail or release order, and your letter informing the office of your release.

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
• 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)