States cannot keep an IAS or IPS officer suspended for more than a month, as per new procedures issued today by the Centre.
Besides, state governments will have to inform the Centre within 48 hours about the suspension of an all India services officer--Indian Administrative Service (IAS), Indian Police Service (IPS) and Indian Forest Service (IFoS).
The new procedure assumes importance as officers like Ashok Khemka, Sanjiv Chaturvedi, Durga Sakthi Nagpal and Kuldip Narayan, among others, have allegedly been victims of arbitrary suspensions and transfers.
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The suspension of an IAS, IPS and IFoS officer, suspended on charges of corruption, shall not exceed two years except on the recommendation of the Central Review Committee, headed by Secretary in Department of Personnel and Training (DoPT), the latest procedures said.
Also, IAS officers working under central government cannot be suspended without the nod of Prime Minister Narendra Modi.
An IAS, IPS and IFoS officer, when placed under suspension, the information in this regard shall be communicated to government of India expeditiously and within the period of forty-eight hours, an order issued by the DoPT said.
A copy of the suspension order along with the reasons or grounds of suspension shall be communicated to the Cadre Controlling authority in the Central government not later than 48 hours, it said.
"Where a state government passes an order for suspension of a member of service it will be valid for a period of thirty days from the date from which the member is placed under suspension. Further extension for thirty days requires confirmation by the central government," the DoPT said.
All ministries have been asked to ensure that a charge
sheet against a government employee accused of corruption is issued in time even if the case is probed by CBI or other agencies.
It is noticed that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation, the guidelines said.
"It has been reaffirmed in a catena of cases that there is no bar in law for initiation of simultaneous criminal and departmental proceedings on the same set of allegations," it said.
In cases of acquittal also, if the court has not acquitted the accused honourably, charge sheet may be issued.
An acquittal on technical grounds or where a benefit of doubt has been given to the accused will have no effect on a penalty imposed under service rules, as while in a criminal trial the charge has to be proved beyond reasonable doubt. In the departmental inquiry, the standard of evidence is preponderance of probability, DoPT said.
An appeal by the accused against conviction, but where the conviction has not been overturned or stayed, will have no effect on action taken under the service rules even if court has directed stay or suspension of the sentence, it said.
