Section 6 in Assam Service (Discipline and Appeal) Rules, 1964
6. Suspension.
- [(1) The Appointing Authority or any authority to which it is subordinate or any other authority empowered by the Governor in that behalf may place a Government servant under suspension -(a)Where a disciplinary proceeding against him is contemplated or is pending; or(b)Where is the opinion of the authority aforesaid he has engaged himself in activities prejudicial to the interest or the security of the State; or(c)Where a case against him in respect any criminal offence is under investigation inquiry or trial;Provided that where the order of suspension is made by an authority lower than the Appointing Authority such authority shall forthwith report to the Appointing Authority the Circumstances in which the order was made.] [Sustituted vide notification No. ABP./87/86/Pt/1. dated 21/08/1987](2)A Government servant who is detained in custody. Whether on a criminal charge or otherwise, for a period exceeding forty-eight hours shall be deemed to have been suspended with effect from the date of such detention, by an order of the Appointing Authority and shall remain under suspension until further orders:Provided that where the detention is made on account of any charge not connected with his position as a Government servant or continuance in office is not likely to embarrass the Government or the Government servant in the discharge of his duties or the charge does not involve moral turpitude, the Appointing Authority may vacate the suspension order made or deemed to have been made when he is released on bail or is not otherwise in custody or imprisonment.(3)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.(4)Where penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequences of or by a decision of a court of law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty or dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.(5)An order of suspension made or deemed to have been made under this rule may at any time be revoked by the Authority to which made or is deemed to have made the order or by any Authority to which that Authority is subordinate.
