Under existing service rules Government functionaries can be suspended for various reasons like indulging in anti-national activities, contravening security of the country, dereliction of duty, corruption and misdemeanour etc. Again under service rules disciplinary authority will institute inquiry into charges against the suspended functionary. There are also rules governing the period of suspension of the functionary and also rules in respect of his exoneration from charges or conviction etc. These are all elaborate rules and so far no necessity has been felt for amending them.
However, the Department of Personnel and Training (DoPT) has felt that there is need of timely review of suspension cases of the Government officials for some strong and convincing reasons. Generally it has been found that inquiry by the disciplinary authority into the cases of suspension usually becomes a procrastinated affair and no quick resolution of the issue takes place. This is perhaps because firstly the rules and regulation covering the suspension are complicated and comprehensive and the disciplinary authority often feels reluctant to take decisive position on the case. Secondly, it is also possible that the disciplinary authority soft paddles with the charges and gives the accused some leeway and softens the punishment by prolonging the verdict.
Under existing rules, the suspended functionary continues to receive part of salary without the state extracting any service from him. This is a burden on the exchequer. Additionally, if the suspended functionary is exonerated of all charges and is reinstated, he has to be paid the full salary and the period of suspension is to be considered part of regular service. In other words it means that the accused receives his full salary from the Government without rendering any service. Thus it is the state that has to bear the brunt. Keeping this in mind, the Union Government’s DoPT has sent instructions to all departments that there should be timely review of suspension cases and these have to be decided expeditiously. The rules will not be changed but speed and decisive action are to be encouraged fully to address the issue. Now under new instructions, the suspension cases are required to be settled within 90 days. Besides, timely review has to be made which would ensure that inquiry is proceeding without hindrance.
While new instructions given by the Department of Personnel and Training are welcome and will definitely expedite quick disposal of suspension cases in all departments and organization, yet a stage has come when the entire concept of suspension needs to be redefined. It has been seen that with the change of Government, which is an accepted phenomenon of a democratic dispensation, there starts witch-hunting. Officials are accused of being protagonists or antagonist of political parties and as such they are subjected to discrimination and deprivation of their rights and powers. We know that Government employees are disallowed becoming politically oriented to one or the other political party, but political culture in our country has eroded the sanctity of State service. The Government may bring this issue under consideration while it has focused on expeditious disposal of suspension cases.
In the context of disciplinary action, the UPSC also comes into picture. In some disciplinary cases, the UPSC needs to be consulted. In such cases copy of the report of the inquiring authority will be sent to the UPSC along with its own tentative reasons for disagreement with the inquiry authority if any. Following the mandate of transparency, the official charged with allegations that lead to his suspension will also be given a copy of the report of inquiring authority so that he is able to defend himself against the charges if he feels he can do so. This is ensuring human rights of the accused. In final analysis we find that the instructions conveyed by the Union Government to all departments will have positive effects and in future suspension cases will be decided within the stipulated time of ninety days.
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