National Association of Postal Employees Group-C

Dept. of Per. & Trg. O.M No. 11012/4/2007-Estt. (A) 12.07.2007
Sub: - Amendment to the provisions of Rule 10 of CCS (CCA) Rules, 1965 regarding review of suspension.
The undersigned is directed to refer to the provisions of Rule 10 of Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the provisions regarding deemed suspension have since been reviewed by this Department.
2. The provisions in Rule 10 of CCS (CCA) Rules have been modified and amendment to the same have been notified in Notification No. GSR 105, dated 06-06-2007 published in the Gazette of India dated 16-06-2007.
3. As per the original provisions of Rule 10 of the CCS (CCA) Rules, 1965, the provisions for review within ninety days was applicable to all types of suspensions. However, in cases of continued detention, the review becomes a mere formality with no consequences, as a Government servant in such a situation has to continue to be under deemed suspension. It has, therefore been decided that a review of suspension shall not be necessary in such cases. Accordingly, a provision has now been added to sub-rule (7) of the said Rule 10 as follows:
“Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under detention at the time of completion of ninety days’ of suspension and the ninety days period for review in such cases will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his Appointing Authority, whichever is later.”
4. In deemed suspension under sub-rule (2), the date of order of suspension may be much later than the deemed date of suspension. With a view to making these provisions explicit, sub rule (6) of the aforesaid Rule 10 has now been amended to substitute the words “ninety days from the date of order of suspension”. Consequent upon this amendment, it would henceforth be necessary to specifically indicate in the orders of suspension the effective date of suspension.
5. Sub-rule (7) of the aforesaid Rule 10 stipulates that” Notwithstanding anything contained in sub-rule (5) (a), an order of suspension made or deemed to have been made under sub –rule (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days.” “Sub-rule (5) (a) of the aforesaid Rule 10 has, therefore, now been amended to read as follows:
“Subject to the provisions contained in sub-rule (7), an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.”
Consequently, the words “Notwithstanding anything contained in sub-rule (5) (a)” stated in sub-rule (7) of Rule 10 have become redundant and have therefore been deleted.
6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these amendments have been made in consultation with the Controller and Auditor General of India.
7. All Ministries/Departments are requested to please bring the aforementioned amendments of Rule 10 of the CCS (CCA) Rules, 1965 to the notice of all Disciplinary Authorities under their control and ensure that review of the orders of suspension is conducted strictly in conformity with the amended provisions thereof.