Civil Service Personnel Rules

171. The person authorized to appoint a service personnel has a right to suspend such service personnel from his duty temporarily. If the service personnel is needed to be suspended from duties, the superior officials who are entitled to suspend may be assigned in accord with on the nature of work of respective service personnel organizations so that the procedures may be carried out efficiently and without delay.

172. If the service personnel who is taken against legal action or departmental action is needed to make temporary suspension, he may be suspended in accord with the provisions prescribed in the rule. Provided that, suspension is not mandatory in all cases. Since the suspension of a service personnel may result in the reduction of labour within the relevant organization and also suffering loss for the service personnel, the service personnel is suspended temporarily with proper care and consideration according to the case.

173. A service personnel who is taken action shall be suspended temporarily in the following conditions:
(a) a service personnel is detained in custody or being prosecuted;
(b) a service personnel is likely to be punished with any severe offence such as reduction of pay within pay scale or demotion or removal from a postor dismissal from being a service personnel in respect of departmental action if it is found that he is guilty;
(c) there is a circumstance in which the service personnel might destroy evidence or amend and cheat the accounts or prejudice the proceedings by using the influence of official position for leading to impediment to find out the truth if he is not being suspended;
(d) continuation of the service personnel at work without suspending temporarily from his duty may be harmful to the interests of the relevant service personnel organization.

174. If there is a circumstance in which the service personnel who is taken action might be transferred to or attached to another post or to be transferred to the other station without suspending from duty, he may be done so instead of temporary suspension. Provided that, if the transfer to the other station may have negative effect on the right of the service personnel to defend themselves or may arise unreasonably extra expenditure or may create other administrative difficulties or may lead to unnecessary delay to complete the proceedings, the transfer should not be done.

175. A service personnel under temporary suspension shall be entitled to the subsistence allowances and other allowances at the specified rate in accord with the relevant rules, regulations and bye-laws.

176. During temporarily suspension of a service personnel who is taken action, he shall not be:
(a) allowed to perform any duty;
(b) granted leave;
(c) selected to be sent to training in or out of the country;
(d) promoted;
(e) recommended to be awarded honorary title or honorary award;
(f) allowed to retire or resign.

177. A service personnel who is taken the departmental action shall not be suspended from duty for a long time without sufficient reasons. The departmental enquiry shall be completed quickly without delay.

178. In revoking the order of temporary suspension:
(a) during the course of the trial after the service personnel had been suspended from duty, this order may be revoked by the department that there is no need to suspend from duty according to the findings;
(b) when reviewing the case after the service personnel had been suspended from duty, it is found that there is no sufficient reason for suspension from duty, the order of temporary suspension shall be revoked;
(c) when the service personnel, during suspension, makes an appeal against the order of suspension on grounds that he suffers loss and pecuniary difficulties due to suspension, such order may be revoked if it is believed that it is acceptable.

Explanation: A service personnel under suspension shall be entitled to an appeal against the order of suspension for cancellation and revocation at any time. Such appeal shall not be concerned with the appeal against the order, penalty and decision.

179. In respect of allowing the service personnel under temporary suspension to resume the duty after exempting from temporary suspension:
(a) although a service personnel was originally put under temporary suspension for a sufficient reason, he shall be allowed to resume his duties if the condition appears that there is no need to suspend continuously;
(b) a service personnel who has been released from arrest or acquitted after being charged by a court:
(i) shall be allowed to resume his duties if the departmental action is unnecessary since it is not concerned with misconduct, breach of discipline, failure to fulfill a duty, and breach of law;
(ii) may be allowed to resume his duties in such cases that although the departmental enquiry needs to be conducted, there exists conditions in which the enquiry may take place while the service personnel is resuming his duties;
(iii) in the case of a service personnel who has been released on bail after being arrested by legal action, the department has to take into consideration whether or not the suspension needs to be cancelled or revoked.
(c) when the departmental action is completed and the service personnel is found to be innocent or is imposed any penalty other than removal from the post or dismissal from the service although he is found to be guilty,such service personnel shall be allowed to resume his duties.

180. In the case of exempting from suspension and allowing a service personnel to resume his duties, the date of exemption from suspension shall not be mentioned in the order and instead state that “the service personnel is to resume the official duties”. The date of exemption from suspension shall be deemed as the date on which the service personnel actually resume his duties.