Section 8 in Tamil Nadu Municipal Public Health Service (Discipline and Appeal) Regulations, 1973
8. Suspension.
(1)A member of the service may be placed under suspension from service where -(i)an enquiry into grave charges against him is contemplated or is pending; or(ii)a complaint against him of any criminal offence is under investigation or trial, and if such suspension is necessary in the public interest.(2)A member of the service who is detained in custody whether on a criminal charge or otherwise for a period longer than 48 hours shall be deemed to have been suspended under this regulation.(3)Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the service under suspension is set aside in appeal or on review under these regulations, and the case is remitted for further enquiry or action 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 a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the service is set aside or declared or rendered void in consequence 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 enquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, such member of the service shall be deemed to have been placed under suspension by the appointing authority from the date of 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 regulation may, at any time be revoked by the authority which made the order or by the appellate authority or by the State Government.(6)Where a member of the service is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceedings or otherwise) and any other disciplinary proceedings is commenced against him during the continuance of that suspension, the authority competent to place him under suspension, may, for reasons to be recorded by him in writing, direct that the individual shall continue to be under suspension until the termination of all or any of such proceedings.(7)The Municipal Health Officer may suspend any member of the service except those holding the posts under Class I and category 1 of Class II:Provided that suspension pending enquiry referred to in clause (i) of sub-clause (1) shall not ordinarily be for a period exceeding 3 months, and in exceptional cases where the enquiry cannot be completed within 3 months, the period of suspension may be extended for a further period with the sanction of the Additional Director of Health Services and Family Planning.Explanation. - Where there is no Municipal Health Officer, the authority appointed to hold additional charge of the post of Municipal Health Officer, or where no additional charge arrangements have been made, the Executive Authority of the Municipality shall exercise the powers of Municipal Health Officer under this clause.(8)The Additional Director of Health Service and Family Planning shall be the authority competent to place under suspension any member of the service holding the posts in Class I and category 1 of Class II.(9)During the period of his suspension, the member of the service shall be paid a subsistence allowance at such rates as are prescribed under the Fundamental Rules.
