Procedure to be followed for Suspension of All India Service Officers

Procedure to be followed for suspension of All India Service officers posted  in   Ministries / Departments / State Governments under AIS(D&A)Rules, 1969

DoPT OM on Procedure to followed for Suspension of All India Service Officers

 

F.No.11018/01/2013-AIS-III

Government  of India

Ministry  of Personnel,  Public Grievances  & Pensions

Department  of Personnel  & Training

*****

New Delhi dated the  25th May, 2016

Office Memorandum

Subject:- Procedure to be followed for  suspension of  All India Service officers posted  in Ministries/ Departments/ State Governments under AIS(D&A) Rules, 1969-  regarding.

The undersigned is directed to say that this Department vide  Notification (GSR No. 814) dated 23.12.2015 amended  provisions of Rule 3,   Rule  18 and  Rule 25 of the AIS  (D&A)  Rules,  1969 (Annexure – I).  In the  light  of the  amendments carried  out and existing  provisions  under  AIS  (D&A)  Rules,  1969 a procedure  has been framed  and copy of the same  is enclosed  (Annexure – II).    The said procedure is required to be followed by  Ministries/ Departments/ State Governments for suspension of All India Service.

2.  All  Ministries/Departments/State Governments are requested to follow the above mentioned  procedure  in letter and spirit.

3.   This issues with the approval  of the “Competent Authority”.

 (Rajesh Kumar Yadav)

Under Secretary  to the Government  of India

Tele: 23094714

(Annexure-II)

Procedure to be followed for suspension of All India Service officers posted  in Ministries/ Departments/ State Governments under AIS(D&A)  Rules,  1969

Rule 3 of AIS (D&A) Rules, 1969 stipulate suspension of All  India Service officers. Vide Notification dated 23.12.2015  provisions of Rule 3,  Rule 18 and Rule 25 of the said Rules were amended. In the light of the amendments the following procedure is to be followed by Ministries/Departments/State Governments for suspension of All India Service officers:

(i) A member of Service when placed under suspension or deemed to have been  placed  under suspension, the  information in this  regard shall  be communicated to Government of India expeditiously and within the period of forty-eight hours.

(ii)  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 forty-eight hours.

(iii)    A member of the Service who is detained in official custody whether on a criminal charge or otherwise for a period longer than forty-eighthours, shall be deemed to have been suspended by the Government concerned.

(iv)    A  detailed  report of the  suspension shall be forwarded  to  the  Central Government within a period of fifteen days from the date on which the member of the Service is suspended or is deemed to have been suspended, as the case may be.

(v)    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.

(vi)      An order of suspension which has been extended shall remain valid for a further period not exceeding one hundred twenty days, at a time, unless revoked earlier on the recommendation of the Central/State Review Committee.

(vii)     The period of suspension may further be extended for a period of one eighty days  at a time on the recommendation of the Central/State Review Committee (as mentioned in  Schedule 1    and 2 under AIS (D&A) Rules, 1969) as the case may be.

(viii)  IAS officers working under Central Government shall only be suspended on the recommendations of the Central Review Committee as amended with the approval of Minister-in-charge, Department of Personnel & Training. Central Ministries shall submit  proposal for suspension of a  Member of Service to this  Department with the approval of Minister-in-charge of that Ministry.

(ix)      The period of suspension of a member of Service suspended on charges other than corruption shall  not  exceed one year  but the same can be continued beyond one year on the recommendations of the Central Review Committee.

(x)       The period of suspension of a member of Service suspended on charges of corruption shall  not  exceed two  years  but the same can be continued beyond two years on the recommendations of the Central review Committee.

(xi)      Appeal against suspension order shall be sent to the appellate authority along with comments within  thirty  days from the receipt of the appeal by the State Governments.  If the original appeal along with the comments of the State Government is not received by the Central Government within stipulated period, the Central Government shall take  a decision on the advance copy of the appeal received by them.

(xii)  If the memorial is against the orders of a State Government, it shall be submitted through the State Government concerned and if the memorial is against the orders of the Central Government, it shall be submitted through the Ministry or the authority concerned in the Central Government, and the State  Government  concerned,  or  as the  case  may  be, the  Ministry or authority in the Central Government shall forward the same together within thirty days from the receipt of the memorial by the State Governments with a concise statement of facts material thereto and,  unless there are special reasons to the contrary, with an expression of its opinion thereon and if the original memorial along with the comments of the  Ministry or the State Government concerned or as the case may be, is not received by the Central Government within stipulated period, the Central Government shall take decision on the advance copy of the memorial received by them.

(xiii)  The Review Committee constituted by the State Government   shall consist-
(a)   Chief Secretary  – Chairman.

(b)   Senior    most   Additional    Chief   Secretary/Chairman,      Board   of Revenue/  Financial  Commissioner   or an officer  of equivalent  rank and status – Member.

(c)    Secretary,   Department   of  Personnel   in the  State  Government   – Member  Secretary.
(xiv)  The composition of Central  Ministry’s Review Committee as provided in para 1of Schedule 2 shall comprise of the following:-

(i)	Secretary,  Department  of Personnel & Training, Govt. of India	Chairperson
(ii)	Secretary to the Government of India in the concerned Ministry/Department or a member nominated by him not below the level of Additional Secretary	Member
(iii)	Additional   Secretary  /   Establishment Officer,   Department  of  Personnel  & Training,  Govt. of India	Member

Download DoPT OM F.No.11018/01/2013-AIS-III dated 25.05.2016