The suspension of a Group C employee can be extended under certain conditions. Below are the key conditions and guidelines that govern the extension of suspension:
- Pending Criminal Case or Pending PV: Suspension may be extended if there is a pending criminal case. This extension is contingent upon the ongoing nature of legal proceedings.
- Committee Formation: A Review Committee is formed to decide on the extension of suspension. The committee is typically composed of the following members:
- DPS
- SPOs
- Assistant Director of the Regional Office (AD of RO)
- First Review Period: The first review of the suspension must be conducted before 90 days. After this review, the suspension may be extended for a further period of 180 days at a time.
- Extension Without Pending FIR or Criminal Case: If no FIR or criminal case is pending and the FIR has been filed against someone else, the extension of suspension is not explicitly stated in the rules. However, the committee must provide a clear justification for the extension, including financial justification, as the employee is being paid without performing any work.
- Nature of Charges: If the charges against the employee are grave in nature, and the potential punishment includes dismissal, removal, or compulsory retirement, then the extension of suspension is generally justified. Otherwise, it may not be warranted. The final decision depends on the review committee’s assessment.
- CVC Guidelines: The Central Vigilance Commission (CVC) guidelines should be adhered to during the review process. These guidelines provide clarity on how suspensions should be handled and under what conditions they may be extended.
Suspension Extension under Deemed Suspension
As per the rules, suspension is typically valid for 90 days, and it must be reviewed before this period expires. The competent review committee must approve any extension beyond this period. If the suspension is deemed (due to detention in custody), the period of suspension depends on the detention time.
Committee’s Role and Justification for Suspension Extension
The competent review committee must provide clear justifications when extending a suspension, especially in cases where no criminal case or FIR is pending. This justification should include both the reason for extension and the financial impact, as the employee is receiving salary without performing work.
Can the Same Committee Extend Suspension Multiple Times?
Yes, the same committee can extend the suspension multiple times, as long as it provides appropriate justifications. Each extension must be reviewed and approved by the committee, adhering to the guidelines and rules in place.
In summary, the extension of suspension for a Group C employee is based on the existence of ongoing legal proceedings, the formation of a competent review committee, and the provision of clear justifications for any financial and legal impacts. The committee must assess the severity of the charges and adhere to the established rules and guidelines, ensuring that suspensions are not extended without sufficient cause.