16. Departmental Action

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.

181. A service personnel who is prosecuted by departmental action shall be allowed to make a defence in accord with the stipulations contained in these rules.